HomeMy WebLinkAboutJAN - MAR 19723O
Bakersfield, California, January 3, 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., January 3, 1972.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and
Heisey.
Present:
Absent:
Invocation by Councilman Walter
Minutes of the public hearing of December 7,
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Councilman Bleecker
1971 and
the regular meeting of December 20, 1971 were approved as presented.
Council Statements.
Councilman Whittemore stated that at the last meeting he
had appointed Mr. John A. Fox to serve on the Citizens Advisory
Water Committee, but unfortunately Mr. Fox will be unable to do so.
He therefore named Mr. Don Doolin, 1500 Pacheco Road, and Mr. S. B.
"Barney" Gill, 2312 Camino Primavera, as his two appointees to
serve on the Citizens Advisory Committee.
Councilman Rees commented that his appointees to this
Committee have asked him what the function of this Committee will
be since the City has adopted its position and the Kern County
Water Agency has made its findings and recommendations. Council-
man Heisey stated that in order to accomplish its objective, it
will be necessary for the Kern County Water Agency to hold a bond
election to finance the Improvement District. These Committee
members will be instructed and briefed by the City's consultants
on the water issue, so that they can act as a key group of informed
citizens to sell the public on the necessity of passing the bond
measure. If the bonds are not passed, the Improvement District
will not be established providing for supplemental water for the
Urban Bakersfield Area.
Councilman Whittemore, Chairman of the Governmental
Efficiency and Personnel Committee, submitted a verbal report on
the purchase of Three Refuse Packers which had been deferred from
the last meeting and referred to this Committee for recommendation.
Bakersfield, California, January 3, 1972 - Page 2
Ayes:
Noes:
Absent:
It was the unanimous endorsement of the Committee and its recom-
mendation to the Council, that the two rear loader refuse trucks
be replaced and one additional front loader vehicle be purchased.
He therefore moved that the low bid of Ray Gaskin Service for this
equipment be accepted and all other bids rejected. This motion
carried unanimously.
Councilman Rucker nominated Mr. Johnny Wiley, 2804 Dore
Drive, for appointment to the Fire Department Civil Service Com-
mission, and moved that this appointment be approved by the Council.
Councilman Heisey offered a substitute motion that inas-
much as a full Council was not in attendance, any appointments be
delayed until the next Council meeting.
Councilman Whittemore commented that the business of the
City of Bakersfield has to be transacted and cannot be delayed
because of the absence of a Councilman. He then moved the previous
question.
In reply to a question from Mayor Hart relative to voting
on the motions, City Attorney Hoagland advised that the Council
vote first on the substitute motion offered by Councilman Heisey.
Vote taken on the substitute motion resulted in a tie as follows:
Councilmen Heisey, Medders, Rees
Councilmen Rucker, Thomas, Whittemore
Councilman Bleecker
Pursuant to Section 14 of the Charter
that the Mayor
shall have the right to vote on all matters when the vote of the
Council results in a tie, Mayor Hart voted in the negative on the
substitute motion which therefore failed to carry.
Councilman Heisey placed in nomination the name of Mr.
Don Simpson, who had previously served on the Fire Department Civil
Service Board filling out the unexpired term of Mr. Raymond Taylor.
He stated that Mr. Simpson was willing to serve, he is capable,
well trained, interested in the Fire personnel and the Fire Depart-
ment, and it would be a disservice to the Commission not to
re-appointment him. Councilman Rees expressed his support of the
reappointment of Mr. Simpson.
31
Bakersfield, California, January 3, 1972 - Page 3
Vote taken on Councilman Rucker's motion to appoint Mr.
Johnny Wil~to serve on the Fire Department Civil Service Board
resulted in a tie as follows:
Ayes: Councilmen Rucker, Thomas, Whittemore
Noes: Councilmen Heisey, Medders, Rees
Absent: Councilman Bleecker
Mayor Hart voted in the affirmative on this motion and
Mr. Johnny Wiley was appointed as a member of the Fire Department
Civil Service Board to succeed Mr. Don Simpson, for a six year
term expiring December 31, 1977.
Reports.
Mr. J. W. Speer, partner of Elmer Fox & Company, Certified
Public Accountants, read a letter relative to this company's exami-
nation of the financial statements of the City of Bakersfield for
the year ending June 30, 1971, which contained comments and recom-
mendations for establishing and maintaining accounting control of
property and equipment. Upon a motion by Councilman Heisey the
letter was received and referred to the Governmental Efficiency
and Personnel Committee for study.
Upon a motion by Councilman Whittemore, seconded by
Councilman Rucker, the Reverend Daniel J. McDowell was re-appointed
to serve on the Citizens Auditorium-Recreation Committee for an
eight year term expiring January 3, 1980.
Councilman Whittemore, Chairman of the Governmental
Efficiency and Personnel Committee, reported on a meeting between
this Committee and the staff to discuss provisions for the replace-
ment and rental of detachable refuse containers for the downtown
commercial refuse routes. The Department of Public Works has
initiated a refuse collection operation for the downtown area
which utilizes front end loading trucks and detachable bins. This
operation will provide an efficient and attractive service for
this area. To implement this program the City has purchased
detachable bins to rent to those businesses using this type of
service and the staff has proposed a rental which will compensate
the City for any costs incurred for the purchase and maintenance
of these bins.
33
Bakersfield, California, January 3, 1972- Page 4
The Governmental Efficiency and Personnel Committee has
compared the proposed rental rates with those charged by local
vendors and find them to be both fair and equitable for the user
and City and recommends adoption of this report and the accompanying
resolution. Upon a motion by Councilman Whittemore, the report and
Resolution No. 1-72.of the Council of the City of Bakersfield,
California, providing for the placing of detachable Refuse Containers
under certain terms and conditions, were adopted by the following
vote:
Ayes:
Noes:
Absent:
(c)
Ayes:
Councilmen Heisey, MedderS, Rees, Rucker, Thomas,
Whirremote
None
Councilman Bleecker
Consent Calendar.
The following items were included on the Consent Calendar:
(a) Allowance of Claims Nos. 1899 to 2044,
inclusive, in amount of $94,657.82.
(b)
(c)
Plans and Specifications for the Improve-
ment of South .Chester Avenue between Kern
Island Canal and Ming Avenue.
Transfer of Funds in amount of $1,500
from 11-510-6100 to 11-655-4200, for
Fees established by the Local Agency
Formation Commission and the State of
California for the filing and processing
of annexations.
Upon a motion by Councilman Medders, Items (a), (b) and
of the Consent Calendar, were adopted.by the following vote:
Councilmen Heisey, Medders, Rees, Rucker, Thomas,
Whittemore
None
Noes:
Absent:
Councilman Bleecker
Action on Bids.
Upon a motion by Councilman Rees,
low bid of Griffith
Company for resurfacing University Avenue, Oswell, Street, Fremont
Street and Custer Avenue, was accepted, all other bids were rejected
and the Mayor was authorized to execute the contract.
After discussion, upon a motion by Councilman Medders,
bid of C. H. Peckenpaugh for Playground Complex "Imagine City" to
be installed in Centennial Park, was accepted, and all other bids
were rejected.
34
Bakersfield, California, January 3, 1972 - Page 5
Upon a motion by Councilman Whittemore, low bid of
Wardlaw Fire Equipment Company for Fire Hose was accepted and all
other bids were rejected.
After discussion, upon a motion by Councilman Rucker,
low bid of Urner's Chrysler-Plymouth for 13 new 1972 model Cars
was accepted and all other bids were rejected.
Deferred Business.
Upon a motion by Councilman Thomas, Ordinance No. 1985
New Series of the Council of the City of Bakersfield repealing
Section 6.20.010 (h) (10) of the Municipal Code and amending
Section 6.20.220, 6.20.400 and 6.20.700 of the Municipal Code
relating to the Business License Tax, was adopted by the following
Councilmen Heisey, Medders, Rees, Rucker, Thomas,
Whittemore
Noes: None
Absent: Councilman Bleecker
Re-appointment of Director of Public
Works William Jing as Member of the
Board of Zoning Adjustment.
Upon a motion by Councilman Heisey, Director of Public
Works William Jing was re-appointed as a Member of the Board of
Zoning Adjustment for a three-year term expiring December 1, 1974.
Claim for Damages from Urner's
Incorporated referred to the City
Attorney.
Upon a motion by Councilman Medders, Claim for Damages
from Urner's Incorporated was referred to the City Attorney.
Councilman Whittemore voted in the negative on this motion.
Mayor Hart requested to send letter
to the State Division of Highways
and the State Highway Commission
urging immediate construction of
Freeway 58.
The State Division of Highways is again considering a
year's delay in the construction of the portion of Freeway 58 between
Cottonwood Road and Weedpatch Highway, and the Planning Commission
has recommended that the City Council contact the State Division of
Highways and the State Highway Commission urging them to proceed
with the construction as soon as possible.
vote:
Ayes:
Bakersfield, California, January 3, 1972 - Page 6
Councilman Thomas st.ated that he had brought this matter
to the attention of Mr. Dean Gay, Vice-Chairman of the Planning
Commission, and asked that it be put on the Commission's agenda
for consideration. He stated that he had been informed by a
reliable source that the City of Fresno is seeking to sway the
State Division of Highways to divert the funds previously earmarked
for Freeway 58 to the construction of Scenic Route 41 into the
Mineral King area.
Councilman Whittemore commented that he feels this action
on the part of the City Council is necessary in order to indicate
to the State Division of Highways that the City of Bakersfield and
the County of Kern are very much interested in freeways being
completed through the City. Also, the City needs the work and
the transportation benefits from this project.
Councilman Heisey stated that the City of Bakersfield is
competing with the City of Fresno for State Highway funds, as he
understands the funds originally budgeted for Freeway 58 would
apparently be diverted for the construction of Route 41. He stated
that it is not only important that the City send a letter, but
that the Supervisors of the County of Kern, the Transportation
Committee of the Greater Bakersfield Chamber of Commerce and other
organizations indicate to the State Division of Highways that there
is a great deal of interest in this City in seeing these freeways
completed as soon as possible. All letters should have a great
deal of weight with these State agencies.
Councilman Thomas moved that the Mayor be requested to
direct a letter to the Division of Highways and the State Highway
Commission urging that funds be allocated for the immediate con-
struction of Highway 58 between Weedpatch Highway and Highway 99.
This motion carried unanimously.
36
Bakersfield, California, January 3, 1972 Page ?
Approval of Agreement with Stockdale
Development Corporation for Land-
scaping Median Islands on New Stine
Road between Fjord Street and Ming
Avenue.
Upon a motion by Councilman Thomas, Agreement with the
Stockdale Development Corporation for Landscaping Median Islands
on New Stine Road between Fjord Street and Ming Avenue Was approved[
and the Mayor was authorized to execute same.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Whittemore, the meeting was
adjourned at 8:45 P.M.
!
MAYOR of ~e '~it~ of Bakersfield,
Calif.
ATTEST:
of the City of Bakersfield, California
37
Bakersfield, California, January 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., January 10, 1972.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Councilman Walter
Heisey.
Present:
Absent:
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees,
Rucker, Thomas, Whittemore
None
Minutes
of the regular meeting of January 3, 1972 were
approved as presented.
Award of Retirement Plaques.
Mayor Hart presented retirement plaques
in behalf of the
Bakersfield City Council to the following retiring City employees:
Robert Cooper
Equipment Operator II Public Works
Retired January 10, 1972
W. R. Owens
Auto Serviceman II Public Works
Retired January 10, 1972
Orbin Harber
Traffic Officer Police Dept.
Retired November 15, 1971
Scheduled Public Statements.
Mayor Hart welcomed a nineteen member delegation from
Bakersfield's Sister City Wakayama, Japan, by greeting them in
the Japanese language as follows:
We were very pleased to be recognized by the
Japan America Society last February for our
Sister City Program with Wakayama, and I
assure you this honor is equally yours be-
cause the citizens and officials of Wakayama
are the ones who made it possible.
We are very appreciative of your friendship
and I thank you for permitting me to express
myself in my limited Japanese.
Speaking through an interpreter, Mayor Shozo Ujita
expressed his pleasure at being present in Bakersfield. In 1970
Wakayama held a celebration for the 10th anniversary of the Sister-.
City Program between Bakersfield and Wakayama. The auditorium was
packed in anticipation of Mayor Hart's message. Arrangements were
38
Bakersfield, California, January 10, 1972 - Page 2
made for interpreters, but they were not needed, as Mayor Hart
delivered his speech in the Japanese language which was much more
effective, much more impressive, than hearing him speak in English..
The moment the audience heard Mayor Hart speak in the Japanese
language, everyone clapped their hands and expressed appreciation
of his efforts to learn the Japanese language for this occasion.
Mayor Ujita stated that he is very happy to see the
growth of the Sister City activities, and during their short stay
in Bakersfield they wish to make a study of governmental activities
here to apply to their City upon their return. One of the greatest
problems in Japan is the increase in the number of automobiles and
the shortage of parking spaces. They wish to study the juvenile
problem, refuse and garbage collection, air pollution, education
and old age security from the viewpoint of the Mayor and individual
citizens.
The interpreter introduced Kazo Kuki, Chairman of the
City Council in Wakayama, who stated it was nine years ago that he
and twenty City Councilmen visited Bakersfield as members of a
good will mission from Wakayama. At that time it was agreed that
the Sister City Program would become the best in the United States,
and the City of Wakayama will do everything possible to march for-
ward to make the Sister City Association the best ever.
Mayor Hart thanked the Japanese officials for honoring
this City with their presence.
Mr. Charles Varner of the Independent Sanitation Service,
addressed the Council stating that he was approached in 1963 to
design the first rubbish bin to City specifications for use by
City refuse trucks. Since that time the City has endeavored to
go into competition with him and two other firms in the City by
purchasing refuse bins for rental to downtown business to be used
on the front end loader trucks. He asked the Council for an answer
as to what its position will continue to be on this problem.
39
Bakersfield, California, January 10, 1972 - Page 3
Councilman Whittemore asked Mr. Varner if the City o~
Bakersfield was competing with him in supplying these bins to his
customers. Mr. Varner stated he built containers for City equip-
ment and he not only leases them to his customers, but some o~ them
have been purchased outright. He has modified his containers to
conform to the front end loader equipment of the City, but in some
instances, City containers have replaced the bins which he had
installed. He stated that in his opinion the City is using tax-
payer's money to go into competition with the taxpayer.
Councilman Bleecker stated that he believes Mr. Varner
has a legitimate complaint and he moved that this issue be referred
to the Governmental Efficiency and Personnel Committee for study
and recommendation back to the Council at the earliest possible
moment, Councilman Rucker seconded this motion, which carried
unanimously.
Mr. Jim French extended an invitation to the Japanese
guests of the City to visit the airport at Meadows Field to inspect
a Japanese Zero plane which he is restoring for a San Diego museum
as a tribute to all fighter pilots of every nation.
Mr. Lester Chambers, 102 Spruce Street, asked for a
clarification of the City's policy for collecting the monthly
refuse fee from renters of property which he owns. Mr. Bergen
assured him that if he furnishes a list of his property to the
Finance Director, separate bills will be mailed to his tenants for
payment.
Councilman Medders recognized Miss Frances Nilham and
her government class from Chipman Junior High School who were
present at the Council meeting.
Council Statements.
Councilman Rucker asked the staff to take some action to
remove the barricades at the site of the fire-gutted building at
East 21st and Baker Streets, which are ~orcing pedestrians to walk
in the street.
City Attorney Hoagland reported that the barriers can't
be removed, as there is danger the old building will collapse at
the slightest tremor. An action has been filed and his office is
4O
Bakersfield, California, January 10, 1972 - Page 4
doing everything possible to bring the out-of-town owner into court
to get an immediate injunction to either support the walls or
demolish the building. Building Director Olsson has stated that
this building is unsafe and the barricades must remain until such
time as the owner has been served to appear in court.
Councilman Bleecker appointed the following members to
serve on the Citizens Advisory Water Committee:
Reverend Harry Leigh-Pink 3407 Balboa Drive
George Nickels, Jr. 1011 Tam O'Shanter Drive
Consent Calendar.
The following items appeared on the Consent Calendar:
(a) Allowance of Claims Nos. 2045 to 2095,
inclusive, in amount of $20,342.98.
(b) Plans and Specifications for Phase One
relocation of Sewer Mains for State Route
58 Freeway between Wible Road and "P"
Street.
(c) Plans and Specifications for Improvement
of New Stine Road between Sundale Avenue
and Ming Avenue and Improvement of Ming
Avenue between New Stine Road and Stine
Road.
(d) Permit from P. G. & E. Company for Bicycle
Path across their property.
Upon a motion by Councilman Medders, Items (a), (b), (c)
and (d) of the Consent Calendar were adopted:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
None
Noes:
Absent:
None
Action on Bids.
Upon a motion by Councilman Rucker, bid of East Bay
Sanitary Company, Inc. for Surplus Sale of Two Refuse Packers was
accepted, and all other bids were rejected.
Upon a motion by Councilman Bleecker, bid for 2 - three
wheel servicars, and 4 Harley-Davidson Solo Cycles was awarded to
Thorp's Harley-Davidson, and bid for 4 Moto-Guzzi Solo Cycles was
awarded to Melvin C. Dinesen, and all other bids were rejected.
41
Bakersfield, California, January 10, 1972 - Page 5
Adoption of Resolution No. 2-72 of
the Council of the City of Bakers-
field to include a Radio Broadcasting
Studio and Office, excluding External
Antennae for purpose of transmitting
radio programming, to the list of
permitted uses in a C-0 (Professional
Office) Zone.
Upon a motion by Councilman Rees, Resolution No. 2-72 of
the Council of the City of Bakersfield to include a Radio Broad-
casting Studio and Office, excluding external antennae for purpose
of transmitting radio programming to the list of permitted uses in
a C-0 (Professional Office) Zone, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Approval of Program Supplement No. 1
to the Local Agency-State TOPICS
Agreement No. 2 between the City of
Bakersfield and State of California
for TOPICS Projects covering con-
struction and modification of traffic
signals at four intersections.
Upon a motion by Councilman Whittemore, Program Supple-
ment No. 1 to the Local Agency-State TOPICS Agreement No. 2
between the City of Bakersfield and State of California for TOPICS
Projects covering construction and modification of traffic signals
at four intersections was approved and the Mayor was authorized to
execute same.
Approval of Drainage Agreement between
Stockdale Development Corporation and
the City of Bakersfield.
Upon a motion by Councilman Thomas, Drainage Agreement
between Stockdale Development Corporation and City of Bakersfield
for participation in the cost of a proposed storm drain in New
Stine Road between Ming Avenue and the Patriots Park Sump was
approved, and the Mayor was authorized to execute same.
Bakersfield, California, January 10, 1972 - Page 6
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Thomas, the meeting was
adjourned at 9:45 P.M.
!
MAYOR of(__t. he'~'i~'y Of/Bakersfield, Calif.
ATTEST:
CI~ '~ '
I~ an x Clerk of /he Council
of the City of Bakersfield, California
Bakersfield, California, January 17, 1972
43
Minutes of the regular meeting of the Council of the
City of Bakersfield, California,
the City Hall at eight o'clock P.
The meeting was called
by the Pledge of Allegiance and Invocation
Heisey.
The City Clerk called the roll as
Present: Mayor Hart.
held in the Council Chambers of
M., January 17, 1972.
to order by Mayor Hart followed
by Councilman Walter
follows:
Councilmen Bleecker, Heisey, Medders, Rees,
Rucker, Thomas, Whittemore
Absent: None
Minutes of the regular meeting of
approved as presented.
January 10, 1972 were
Award of Retirement Plaque.
Mayor Hart awarded a retirement plaque to Alexander W.
Swan, Detective in the Police Department, who completed twenty
years service with the City of Bakersfield.
Scheduled Public Statements.
Mr. Len Winther of the American Federation of State,
County and Municipal Employees Union, addressed the Council,
pointing out that the State Legislature in 1968 passed AB 1228
which later became known as the Myers-Milias-Brown Act, or
California's ~eet and Confer" Act, which provided that public
bodies enact legislation for meeting and conferring in good faith
with employee organizations. This Act has been since amended
because some public bodies have not adopted the required legis-
lation and in so doing were depriving public employees of their
rights under the law. The 1970 amendment provides that no public
body can unduly delay enactment of reasonable rules for the conduct
of labor relations. Since the City of Bakersfield has not adopted
this legislation, he is present tonight to advise the Council that
if some significant progress is not made by March 1, the Union
will seek a Writ of Mandate from the Superior Court of Kern County
ordering the City to draft a Labor Relations Ordinance providing
for representation, elections and meeting and conferring with the
44
Bakersfield, California, January 17, 1972 - Page 2
union's representatives. Upon a motion by Councilman Heisey, Mr.
Winther's comments were referred to the Governmental Efficiency
and Personnel Committee for evaluation and recommendation back to
the Council.
Council Statements.
Councilman Rees asked Public Works Director Jing what
progress has been made for construction of the proposed bicycle
path at Highland High School on the right-of-way granted to the
City by P. G. & E. last week for this purpose. Mr. Jing stated
that the section of the bicycle path on the right-of-way will be
oiled within the next week.
Councilman Heisey commented that he had an article which
he wished to turn over to Mr. Jing regarding the use of Gambusia
Affinis minnows for reducing mosquito production. It takes only
200 of these minnows per acre to control mosquitos up to 95% in
rice fields, sewage treatment plants, etc., in place of DDT which
has been banned for mosquito control. He feels that this method
might be explored and called to the attention of the Mosquito
Abatement District for experimentation.
Consent Calendar.
Upon a motion by Councilman Medders, Item (a) on the
Consent Calendar - Allowance of Claims Nos. 2906 to 2178, inclusive,
in amount of $52,772.77, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Deferred Business.
Proposed Ordinance of the Council of the City of Bakers-
field adding Chapter 17.51 to the Municipal Code establ'ishing a
Planned Unit Development Zone and providing regulations therefor
has been deferred for thirty days
for further study by the Council.
Thomas, this was considered first
wording of Section 17.51.080
at meeting of December 13, 1971,
Upon a motion by Councilman
reading of the Ordinance and the
(c) was changed to read as follows:
45
Bakersfield, California, January 17, 1972 - Page 3
17.51.080 (c) Termination of the P. U. D. Zone. Exten-
sions of time to commence construction, not to exceed more than
two for one year each, may be granted by the Planning Commission
with the approval of the City Council.
Adoption of Resolution No. 3-72 of
the Council of the City of Bakers-
field declaring that the City is
providing Fire Protection Services
within its jurisdiction and directing
filing thereof with the Board of
Supervisors of Kern County.
Upon a motion by Councilman Rees, Resolution No. 3-72 of
the Council of the City of Bakersfield declaring that the City is
providing Fire Protection Services within its jurisdiction and
directing filing thereof with the Board of Supervisors of Kern
County, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Approval of Map of Tract No. 3562 "A"
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. 3562 "A" be, and the same is hereby approved,
that all easements, roads, avenues, courts and alleys shown upon
said Map and thereon offered for dedication be, and the same are
offered for dedication.
Pursuant to the provisions of Section 11587 of the
Business and Professions Code, the City Council hereby waives the
requirements of signature of the following: Verna I. Kelly, "The
Judith Lynn Simon Present Interest Trust", 'The Frank E. Simon
Present Interest Trust", "The Jon Michael Simon Present Interest
Trust", and the Sill Properties, a California Corporation, all
owners of mineral rights below a depth of 500 feet with no right
of surface entry. Also Tenneco West, Inc. a Delaware Corporation,
an easement holder and the County of Kern as easement holder.
46
Bakersfield, California, January 17, 1972 - Page 4
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 covering
improvements in said Tract.
Request of Anthony Medunic to connect
property to the City Sewer System
referred to the Planning Commission
for study and recommendation.
Upon a motion by Councilman Thomas, request of Anthony
Medunic to connect property in Tracts 2458 and 2459 to the City
Sewer System was referred to the Planning Commission for study and
r ecommendat ion.
Approval of Utilities Agreement No.
9529052 for Phase One, Relocations
to Sewer Mains for State Route 58
Freeway.
Upon a motion by Councilman Heisey, Utilities Agreement
No. 9529052 for Phase One, Relocations of Sewer Mains for State
Route 58 Freewas, was approved, and the Mayor was authorized to
execute the Agreement.
At this time Mayor Hart acknowledged the presence of
students from South High School and Foothill High School who were
observing the Council meeting.
Request for Leave of Absence Without
Pay granted Alfred Azevedo, Sanitation
Crewman I, Public Works.
Upon a motion by Councilman Rucker, Leave of Absence
Without Pay until March 6, 1972, was granted Alfred Azevedo,
Sanitation Crewman I, Public Works.
Adjournment.
There being no further business to come before the
'/e
Council, upon a motion by Councilman Rees,~r~he eting was
at 8:20 P. M.
MAYOR o~ ~f Bakersfield, Calif.
ATTEST:
·
C an - rk of the Council
of the City of Bakersfield, California
adjourned
Bakersfield, California, January 24, 1972 47
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., January 24, 1972.
In the absence of Mayor Hart, Vice-Mayor Robert Whittemore
called the meeting to order, followed by the Pledge of Allegiance
and Invocation by the Reverend George Fraser of Interns for Christ.
The City Clerk called the roll as follows:
Present: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Absent: Mayor Hart
Minutes of the regular meeting of January 17, 1972 were
approved as presented.
Scheduled Public Statements.
Mrs. Donna Handy, 409 Cypress Street, addressed the
Council expressing her concern for teenage runaways and the people
who harbor them and requesting the Council to adopt an Ordinance
prohibiting anyone under the age of 18 to hitchhike, with penalties
for both the hitchhiker and the person who picks him up. She stated
that the narcotic problem in the City is growing and present laws
for enforcement are insufficient and inadequate. She asked the
Council to exercise its duty to society by taking immediate action
to stop the sale of drugs in the City.
Councilman Heisey commented that he is certain the City
has adequate Ordinances prohibiting hitchhiking and the sale and
use of alcoholic beverages and narcotics. He then made a motion
that t~e entire problem be referred to the Police Department for
review and report back to the Council.
Councilman Rees supported Councilman Heisey's motion and
asked that it also include a request to the City Attorney to report
back to the Council on any statutes relative to the harboring of
runaways.
Councilman Bleecker stated there are many schools of
thought regarding control of the narcotics problem at the local
level. In his opinion the best way to handle this problem is to
48
Bakersfield, California, January 24, 1972 - Page 2
enforce the law starting with the pushers at the bottom and go up.
He asked the City Attorney if present State laws did not prohibit
hitchhiking on freeways and State highways.
Mr. Hoagland stated he was not entirely familiar with the
State law, but the City has no jurisdiction to ban hitchhiking on
State highways. It could do so on City streets, however, he does
not believe there is such an Ordinance on the books at the present
time. Councilman Bleecker asked the City Attorney to research the
matter and report back to the Council at the next meeting.
Councilman Rucker commented that for many people the only
means to get across town is to hitchhike and he would not be in
favor of an Ordinance prohibiting hitchhiking in the City.
After further discussion, Vice-Mayor Whirremote thanked
Mrs. Handy for bringing these matters to the attention of the
Council members, as they are all concerned with any problems
affecting young people. Vote taken on Councilman Heisey's motion
to refer the matter to the Chief of Police and the City Attorney
for review and recommendation back to the Council, carried unanimously.
Correspondence.
Upon a motion by Councilman Heisey, communication from
R. H. Ramey, District Engineer State Division of Highways, regarding
scheduling of construction of Route 58 Freeway between Cottonwood
Road and Weedpatch Highway and advising that there is a strong
probability that the advertising of this project will be delayed
as much as a year, was received and ordered placed on file.
After discussion, upon a motion by Councilman Rucker,
communication from Hugh Sill of Sill Properties, Inc. asking that
his former request for cancellation of Lease No. 30-67 by letter
of December 20, 1971 be ignored as of January 19, 1972, and that
said lease be once again instituted under all conditions contained
therein, was received and ordered placed on file.
Upon a motion by Councilman Thomas, existing lease with
Sill Properties, Inc. for parking lot at 18th and Eye Streets, was
referred to the Business Development and Parking Committee for
study and evaluation.
49
Bakersfield, California, January 24~ 1972 - Page 3
Councilman Bleecker asked Councilman Thomas why he wished
the lease with Sill Properties, Inc. referred back to the Business
Development and Parking Committee.
Councilman Thomas stated he was not 100% in favor of the
present lease on this parking lot and he would like to discuss the
details further with Mr. Sill and the other people involved, as he
does not believe the City of Bakersfield should subsidize this
parking lot.
Councilman Bleecker stated that he has no objection to
the Committee again evaluating the lease, which is in effect now
and has not been changed. At the time Mr. Sill requested cancella-
tion of the lease, Councilman Bleecker asked the Downtown Business
Association, through the City Manager, to submit their recommendations
in writing regarding this parking lot, for evaluation by the Council
Committee.
Councilman Rucker stated that he was under the impression
the Committee has considered making changes in this agreement when
it was discussed previously. Councilman Bleecker stated that Mr.
Sill had made suggestions for changes in the original lease which
the Committee did not consider desirable. At that time, Mr. Sill
informed the Committee he would not consent to anything less than
his original offer and requested cancellation of the lease, which
he has now asked be reinstituted.
Upon a motion by Councilman Rees, communication from
Wayne Duke, Commissioner of the Big Ten Intercollegiate Conference,
regarding the possibility of the City of Bakersfield serving as a
training site for the Big Ten participants in the Annual Rose Bowl
Game, was received and ordered placed on file.
Councilman Heisey moved that the City Manager be requested
to send a letter to Mr. Don Simpson in behalf of the Council, for
his distinguished record of community service as a member of the
Fire Department Civil Service Board. This motion carried unanimously.
5O
Bakersfield, California, January 24, 1972 - Page 4
Council Statements.
Councilman Bleecker commented on a letter he had received
from Mervyn M. Dymally, Chairman of the Senate Majority Caucus of
the State of California, in which he called the Council's attention
to the fact that the 1970 Legislature passed and Governor Reagan
signed his bill, which requires chartered cities to base their
wards or councilmanic districts on population rather than the
number of registered voters. This law takes effect on March 4,
1972. Bakersfield is one of the 14 cities in the State which
utilizes registered voters and he feels the City would want to
know about the new statute which requires redistricting on the
basis of the 1970 Federal Census into wards or districts of equal
population. Councilman Bleecker asked Mr. Hoagland if he was
satisfied that the City at the present time conforms to the
California statute regarding redistricting by population instead
of registered voters.
Mr. Hoagland replied that the City does not conform at
the present time. Prior to the passage of this statute, the
Supreme Court of the State of California had already ruled in the
matter of the City of Los Angeles, that its districts had to be
redrawn on the basis of population. This particular statute is
only declaratory of that which the Supreme Court has already ruled.
The Planning and Public Works Department are conducting population
studies for City redistricting which will take place before the
next Councilmanic Election in 1973.
City Manager Bergen added that the first filing date of
the next Councilmanic Election will be the 29th day of November,
1972, and in order for candidates to be aware of the boundaries
of the City's wards, this redistricting should be completed before
the first of November. Maps are being prepared and will be sub-
mitted to each Councilman for consideration within the next month.
City Attorney Hoagland stated the City Charter's residency
section requiring a candidate to be a resident of the City for three
years has been ruled unconstitutional. An Ordinance setting forth
a one year residency requirement will be submitted to the Council
for consideration within a short time.
Bakersfield, California, January 24, 1972 - Page 5
51
ago. He,
Medders'
rates.
Councilman Medders stated he wanted to discuss the con-
nection rate of $9.95 being charged newly annexed residents to the
City by the Kern Cable TV Company, while those people living in the
area franchised by the Bakersfield Cable TV Company are not charged
to hook-up to the cable. He has had several complaints regarding
this charge and asked if something couldn't be worked out to have
this fee set aside for the newly annexed areas.
Mr. Hoagland stated that the Bakersfield Cable TV operates
under a franchise issued by the City of Bakersfield and the Kern
Cable TV was issued a franchise by the County of Kern to operate
in the unincorporated areas. The law on franchises states that if
the company is franchised in the County and subsequently areas are
annexed to the City, those areas will still come under the County
franchise and pay the required fees. There are no provisions for
territory annexed to the City to come under the Bakersfield Cable
TV system and its prevailing rates until such time as Kern Cable's
franchise expires, which will probably not be for some time.
Councilman Rees stated that inequity is not a new thing
in the City of Bakersfield. The people living in the Crest Water
District are paying a higher rate for water from the California
Water Service Company because of something that happened many years
therefore, feels very sympathetic towards Councilman
inquiry regarding the inequity existing in the cable TV
Mr. Hoagland commented that no franchise is exclusive.
Any cable company wishing to be franchised by the City can go into
competition with Kern Cable TV. However, from a practical stand-
point, they are not willing to engage in that type of competition,
as only one line can run on the poles controlled by the Pacific
Telephone and P. G. & E.
Councilman Heisey stated that he has listened to many
complaints regarding cable TV service and it.has only been recently
that he has had this service installed in his home. He is delighted
with the good service and evidently the public feels the same, as
the Council has not received any complaints regarding cable TV
service.
Bakersfield, California, January 24, 1972 - Page 6
Councilman Rucker stated that he has received complaints
from residents of his ward living at 229 Hayes Street regarding
the large number of dogs and cats running loose in the neighbor-
hood, and he asked the staff to take this matter up with the
Animal Warden.
Reports.
Upon a motion by Councilman Thomas, the 1971 Annual
Report of the Civil Service Board for Miscellaneous Departments
was received and ordered placed on file.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a)Allowance of Claims Nos. 2169 to 2312,
inclusive, in amount of $85,448.09.
(b) Street Right of Way Deed from Stockdale
Development Corporation for New Stine
Road between Ming Avenue and Stine Road.
Upon a motion by Councilman Medders, Items (a) and (b)
of the Consent Calendar, were adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Noes: None
Absent: None
Deferred Business.
After discussion, upon a motion by Councilman Thomas,
Ordinance No. 1986 New Series of the Council of the City of Bakers-
field adding Chapter 17.51 to the Municipal Code establishing a
Planned Unit Development Zone and providing Regulations therefor,
was adopted by the following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Ayes:
Noes:
Absent:
None
None
Request from Tenneco West, Inc. for
annexation of the SW/4 of Section
10, Township 30 South, Range 27 East,
M.D.M., to the City of Bakersfield,
referred to the Planning Commission
for study and recommendation.
Upon a motion by Councilman Bleecker, request from
Tenneco West, Inc. for annexation of the SW/4 of Section 10,
Bakersfield, California, January 24, 1972- Page 7
Township 30 South, Range 27 East, M.D.M., to the City of Bakers-
field, was referred to the Planning Commission for study and
recommendation.
Claims for Damages referred to the
City Attorney.
Upon a motion by Councilman Rucker, the following Claims
for Damages were referred to the City Attorney:
1. Elodia Bonilla
2. Dale Baker
3. Hiawatha Washington, Monica Torres,
Sylvia Bangoy, Maria Bangoy
Hearings.
This is the time set for public hearing on application
by Frank Carale to change the Zoning Boundaries from an R-1 (Single
Family Dwelling) Zone to a C-2-D (Commercial - Architectural Design)
or more restrictive, Zone, affecting that certain property in the
City of Bakersfield commonly known as 2101, 2107 and 2111 Brundage
Lane.
This property has had several commercial uses allowed by
variances, including a service station, paint and equipment rental
stores. As variances are no longer valid by State law, the proper'ty
owners wish to rezone this property to commercial. The proposed
commercial use of this property is in full conformance with the
general arrangement of land uses as depicted in the Bakersfield
Metropolitan Area General Plan.
This hearing has been duly advertised and posted and no
written protests have been filed in the City Clerk's office.
Vice-Mayor Whittemore declared the hearing open for public
participation. No one speaking in opposition or in favor of the
rezoning, the public hearing was closed for Council deliberation
and action.
Councilman Thomas stated that he has received complaints
from those people living on Roosevelt south of the service station
thai vehicles using the service station are permitted to jut out
into the alley blocking traffic, and he asked the Planning Depart-
ment and the Building Department to check this out in an effort to
alleviate the problem.
54
Bakersfield, California, January 24, 1972 - Page 8
Upon a motion by Councilman Thomas, Ordinance No. 1987
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 2101, 2107
and 2111
Ayes:
Noes:
Absent:
Brundage Lane, was adopted by the following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
None
None
Adjournment.
There being no further business to
Council, upon a motion by Councilman Rucker,
adjourned at 9:05 P.M.
come before the
the meeting was
MAYOR of Bakersfield,
ATTEST:
CITY~~'a~n ~ffi~o~e~k of the Council
of the City of Bakersfield, California
Calif.
55
Bakersfield, California, January 31, 1972
Minutes of the regular meeting of the Council of the
City of Bakersfield, California,
the City Hall at eight o'clock P.
The meeting was called
held in the Council Chambers of
M., January 31, 1972.
to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend A. L.
Greenvalt of the Trinity Baptist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Absent: Councilman Bleecker
Minutes of the regular meeting of January 24, 1972 were
approved as presented.
Council Statements.
Councilman Heisey stated that he has been annoyed and
has received many complaints regarding telephone solicitations to
purchase tickets to circuses and other events scheduled to be held
in Bakersfield. He asked the City Manager if it were not necessary
for these organizations to first obtain a permit from the Board of
Charity Appeals. Mr. Bergen confirmed the necessity for obtaining
a permit, stating that his office has received complaints also in
this regard. As the City Attorney has had problems with telephone
solicitation and he is absent tonight, a report from his office
will be forthcoming at the next meeting.
Councilman Rees stated that Mr. John Watts, his original
appointee to the Citizens Advisory Water Committee, is unable to
serve, and he submitted the name of Mr. Robert G. Ramey, 2612 Noble
Avenue, as a replacement appointment to this Committee.
Councilman Rees commented that he, too, has had many
telephone solicitations, especially to purchase circus tickets,
and as far as he knows, legitimate organizations are involved who
have told him the only way they can sell tickets for charitable
purposes, is to "push" the sales. He believes that an investigation
by either the City Manager or the City Attorney will reveal these
organizations have gone through the proper channels.
56
Bakersfield, California, January 31, 1972 - Page 2
Reports.
City Manager Bergen stated that the Council last week
requested reports on the problems of hitchhiking, harboring runa-
ways, and narcotics. For the Council's information, the City
Attorney is prepared to make a verbal report on hitchhiking and
harboring of runaways, and the Police Department has made a detailed,
statistical, report of Narcotic Activity for the year 1971, a copy
of which has been submitted to each Councilman and the press.
In the absence of City Attorney Hoagland, Assistant City
Attorney Charles Leach reported that he has made a thorough search
of the statutes on harboring of runaway children, and there is no
specific statute prohibiting the harboring of a runaway child.
This may come under the General Statute Section 272 of the Penal
Code, of contributing to the delinquency of a minor. This field
is occupied fully by the State and the City's efforts to legislate
would be of no force or effect.
The State Statute prohibits hitchhiking from the roadway,
that part of the highway right-of-way that is reserved for vehicular
traffic. Generally, in the City, it would be from curb to curb.
The State law is very clear on this, and the City's ordinance
covering hitchhiking is practically identical. A recent Attorney
General's Opinion holds specifically that the City may not make it
a crime to hitchhike from off the roadway.
Mayor Hart commented that if a hitchhiker is standing on
the curb or a sidewalk junctured with a crosswalk, he can solicit
rides without being in violation of the current State laws. Mr.
Leach stated that is correct. There are no hitchhiking statutes
pertaining to freeways, but there is a statute which permits the
State Department of Public Works to make an order either prohibiting
or restricting pedestrians from being on the freeway, as on some
approaches to the freeways signs are posted prohibiting pedestrians,
bicycles, etc.
The existing City ordinance is not in conflict with the
State law, in fact the wording is almost identical.
Councilman Medders asked if age had anything to do with
enforcing this Statute, and Mr. Leach replied in the negative,
57
Bakersfield, California, January 31, 1972 - Page 3
stating that the Police Department issues approximately 20 citations
a month in the City for violation of either the State law or the
City ordinance, but generally they act on the basis of the State
law, sex or age does not enter into it.
Consent Calendar.
The following items were listed under the Consent Calendar:
(a) Allowance of Claims Nos. 2313 to 2400,
inclusive, in amount of $29,253.78.
(b) Application for an Encroachment Permit
from Shell Oil Company.
Upon a motion by Councilman Medders, Items (a) and (b)
of the Consent Calendar, including a Transfer of Funds in amount
of $300 from Fund No. 11-665-1200 to 11-650-7100, for radio extension
in Public Works office, were adopted by the following vote:
Ayes: Councilmen Heisey, Medders, Rees, Rucker, Thomas,
Whittemore
Noes: None
Absent: Councilman Bleecker
Reception of Report on Narcotic
Activity for 1971.
Upon a motion by Councilman Thomas, Report from the Chief
of Police on Narcotic Activity for 1971 was received and ordered
placed on file.
Councilman Medders requested that Mrs. Donna Handy be
permitted to address the Council. At last week's Council meeting,
Mrs. Handy had requested that action be taken relative to prohibitJLng
teenager hitchhiking in the City and on roadways and the harboring
of teenage runaways.
Mrs. Handy stated that the response from the City Attorney
was as she expected, that she had been warned her efforts would be
futile. She does not agree with the reports that there is no action
that can be taken by the Police Department regarding the contributing
to the delinquency of a minor by harboring a teenage runaway and
hitchhiking on the roadways. She also disagreed with the statistics
quoted by the Police Department in its report on narcotic violations
for 1971, stating she knows of many cases that are not on record.
Bakersfield, California, January 31, 1972 - Page 4
Mrs. Handy repeated certain allegations against the
Police Department which Were investigated in depth by the Kern
County Grand Jury last year and it was determined that the charges
were unfounded. Mayor Hart interrupted Mrs. Handy pointing out
that the Council Chamber is not the place to direct any charges
against any members of the Police Department, that if she had a
personnel matter regarding the Chief of Police or other members of
the Police Department, that she should go through the proper channels.
Mrs. Handy stated she had completed her presentation and she intended
to pursue the matter through the proper channels.
Councilman Thomas stated to Mrs. Handy that the Council
was not in any way attempting to conceal anything from her or the
general public. He had asked that the Narcotic report be received
and filed and also that Mrs.
report. Mayor Hart gave his
her information.
Handy be furnished with a copy of the
copy of the report to Mrs. Handy for
Action on Bids.
Upon a motion by Councilman Thomas, low bid of Griffifh
Company for the improvement of South Chester Avenue between Kern
Island Canal and Ming Avenue was accepted, all other bids were
rejected, and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Rees, low bid of Deifel's
Inc. for Annual Contract of Automotive Paint Supplies was accepfed,
all other bids were rejected, and the Mayor was authorized to execute
the contract.
Approval of Application for Workable
Program Re-Certification for 1972-1974.
It was moved by Councilman Whittemore, that the Re-Certi-
fication of the Application for the Workable Program for 1972 to
1974, be approved.
Councilman Medders commented that most of the projects
in the application to the Federal Government require a certain
percentage of local payment, as well as have strings attached. He
believes that the Application should be re-certified, but he feels
that the Council should use extreme caution in making applications
for any funds for Federal projects.
59
Bakersfield, California, January 31, 1972 - Page 5
Councilman Rees stated he was interested in one facet
of the Workable Program which requires the City to remove sub-
standard buildings in order
stands that an inspector in
full time to the removal of
to qualify for the program. He under-
the Building Department is devoting
these dangerous buildings, which is a
slow moving activity, but progress is a very necessary area. This
application is representative of needed improvements in the City
and that is the reason why he supports the motion to approve the
application.
Councilman Rucker stated that in his opinion this program
should not be extended to those substandard homes which are occupied,
the unoccupied buildings which are dangerous to the public should
be removed, but assistance should be given to those people who
wish to improve their below standard homes.
Mr. Bergen stated that the City of Bakersfield has a very
cautious approach to condemning the homes which are substandard.
The program which they have now is a long term program, primarily
interested in the removal of vacant homes or rentals which are
really substandard. Many large cities are very zealous in the
enforcement of the Building Code as it affects older homes. The
City of Bakersfield is interested in the correction and improvement
of the older homes as part of the Workable Program, not just the
removal of substandard buildings.
Vote taken on the motion to approve Re-Certification of
the Workable Program was unanimously adopted and carried.
Denial of request of Anthony Medunic
to connect property in Tracts 2458
and 2459 to the City Sewer System.
A request was received from Anthony Medunic to connect
property in Tracts 2458 and 2459 to the City Sewer System. These
tracts are located within the proposed Wilson #2 annexation, how-
ever, the proponents of the annexation have not been able to obtain
the necessary 25% signatures required to bring the~ annexation to
an election. Sewer service to said tracts would require a sizeable
expenditure and a County Public Improvement District. The Planning
Commission has been advised by the City Attorney that the City should
6O
Bakersfield, California, January 31, 1972 Page 6
have serious legal problems in disconnecting the sewer service if
the majority of the residents of the area chose not to annex.
It is therefore the opinion of the Planning Commission
that County Public Improvement Districts should not be allowed as
a means to provide City Sewer Service to unincorporated areas and
it would recommend that sewer service be granted to these tracts
upon annexation to the City.
Upon a motion by Councilman. Rees, the recommendation of
the Planning Commission was upheld, and the request was denied.
Hearings.
This is the time set for public hearing before the Council
on application by Wayne J. Peacock to amend the zoning boundaries
from an R-3-MH-D (Limited Multiple Family Dwelling - Mobile Home
Park - Architectural Design) Zone to an M-1 (Light Manufacturing)
or more restrictive, Zone, affecting that certain property in the
City of Bakersfield located southerly of West Columbus Street,
easterly of "K" Street, northerly of 40th Street and westerly of
Jewerr Avenue.
This hearing has been duly advertised and posted and no
written protests have been filed in the City Clerk's office. The
Planning Commission is of the opinion that light manufacturing and
commercial service uses for this parcel would be compatible with
the neighborhood but would recommend that all development be con-
trolled by the "D" (Architectural Design) Overlay. The proposed
commercial service and light manufacturing uses of said parcel
would not be in conflict with the goals, objectives or general
arrangement of land uses as depicted in the Bakersfield Metropolitan
Area General Plan.
Mayor Hart declared the hearing open for public partici-
pation. ~r. John Pierson, owner of apartments at 3930 Jewerr Avenue
directly across the street from the proposed development, expressed
his concern regarding the type of industry which would be permitted
on this parcel, stating that he would not be in favor of anything
which would cause odors, noise or dust in the area. Planning
Director Sceales stated that the request is for a light industrial
zone which would not emit any fumes, dust or noise. Also, the "D"
Bakersfield, California, January 31, 1972 - Page 7
(Architectural Design) Overlay would require that the plans for
any structures or any type of development of the property would
be submitted to the Planning Commission for review and approval
before a Building Permit would be issued for construction.
Mr. Leonard Schroeder, Architect for the project, added
that as Mr. Sceales had indicated, the type of activity that will
be taking place on this property is definitely of the light manu-
facturing nature, comparable to what is already existing to the
west of the particular site. They have no intention of constructing
anything in the heavy industrial nature which would cause odors,
noise or dust, or have a nuisance factor.
No protests or objections being received, the hearing
was closed for Council deliberation and action. Councilman Heisey
remarked that in his opinion this project would be an asset to the
surrounding area, and moved adoption of Ordinance No. 1988 New
Series amending Title 17 of the Municipal Code by changing the
Land Use Zoning of that certain property in the City of Bakersfield
located southerly of West Columbus Street, easterly of "K" Street,
northerly of 40th Street and westerly of Jewett Avenue. This motion
carried by the following roll call vote:
Ayes: Councilmen Heisey, Medders, Rees, Rucker, Thomas,
Whittemore
Noes: None
Absent: Councilman Bleecker
This is the time set for public hearing before the Council
on application by Peoples Missionary Baptist Church to amend the
zoning boundaries from an R-1 (Single Family Dwelling) Zone to an
R-1-CH (Single Family - Church) or more restrictive, Zone, affectiilg
that certain property in the City of Bakersfield commonly known as
1451 Madison Street.
This hearing has been duly advertised and posted and no
written protests have been filed in the City Clerk's office. The
Planning Commission is of the opinion that R-1-CH Zoning would be
compatible with the neighborhood.
Bakersfield, California, January 31, 1972 - Page 8
The proposed church use of subject property would not be
in conflict with the goals, objectives and general arrangement of
land uses as depicted in the Bakersfield Metropolitan Area General
Plan.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received and no one speaking
in favor of the proposed rezoning, the public hearing was closed
for Council deliberation and action.
Upon a motion by Councilman Rucker, Ordinance No. 1989
New Series amending Title 17 of the Municipal Code by changing the
Land Use Zoning of that certain property in the City of Bakersfield
commonly known as 1451 Madison Street, was adopted by the following
vote:
Ayes:
Noes:
Absent:
Council,
adjourned at
Councilmen Heisey, Medders, Rees, Rucker,
Whittemore
None
Councilman Bleecker
Adjournment.
There being no further business to come
upon a motion by Councilman Medders,
8:40 P.M.
Thomas,
before the
the meeting was
MAYO~-oT"t~e ~it/y ~ Bakersfield,
Calif.
ATTEST:
of the City of Bakersfield, California
Bakersfield, California, February 7, 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., February 7, 1972.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Kenneth
Adams of the First Methodist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees,
Rucker, Whittemore
Absent: Councilman Thomas
Minutes of the regular meeting of January 31, 1972 were
approved as presented.
Correspondence.
Upon a motion by Councilman Whirremote,
communication
from the State Division of Highways advising that based upon their
current cash forecasts, it appears it will be early 1973 before
they can advertise for bids on the construction of State Highway
Route 58 between State Highway Route 99 and Route 184 (Weedpatch
Highway), was received and ordered placed on file.
Council Statements.
Councilman Heisey stated he wanted to commend those
persons who sponsored and worked so hard to make Black History
Week a success in Bakersfield.
Councilman Bleecker commented on the Narcotics Activities
Report for the year 1971 which was submitted to the City Manager by
the Chief of Police at last week's meeting, referring to the state-.
ment in the report that $9,172.17 was expended for conducting over
900 narcotics investigations during 1971. He asked Mr. Bergen if
there was any limit on the amount of money which the Chief of Police
can spend for this purpose, as this amount seems extremely low
compared to the problem which exists in the City.
Mr. Bergen replied that there is a special fund in the
maximum amount of $2,500.00, which is reimbursed periodically from
the General Fund when it is depleted and proper accounting is made
to the Finance Director and City Manager.
64
Bakersfield, California, February 7, 1972 - Page 2
Councilman Bleecker stated that he can't speak for the
other members of the Council, but he is of the opinion that spending
ten times this amount for this purpose would not be too much, and
if it is necessary, funds be made available to do so. He asked if
the Chief of Police could not be given two additional plainclothes
officers to be assigned to the
once, instead of waiting until
the problem exists now.
Mr. Bergen stated it
narcotics enforcement detail at
the 1972-73 budget sessions, because
is always possible to transfer funds
from the Council's Contingency Fund for additional personnel, but
such action is frowned upon other than at budget time, unless it
is an emergency.
Councilman Bleecker stated that if the Chief of Police
really feels he needs two additional officers in the narcotics
division, he is 100% in favor of granting this request immediately.
Councilman Whittemore commented that some service stations
and tire shops in the City have been stacking used tires on their
property line and occasionally encroaching onto City property.
This results in a traffic hazard and these stacks of tires attract
black widow spiders and catch trash. He asked if these tires can
be handled at the City landfill and if there isn't an existing
City ordinance which would prohibit storing used tires in this
manner, that an ordinance be enacted for this purpose.
Director of Public Works Jing stated there was no proble~a
as far as disposing of used tires at the City landfill. City
Attorney Hoagland stated he didn't believe there was an ordinance,
however, it might be considered a health problem, which in that
event would be a violation of the State Health and Safety Code.
Councilman Whittemore asked
and Mr. Hoagland stated he would look
enacting some type of ordinance.
Councilman Rucker commented
claimed February 6 to
that the matter be researched,
into the possibility of
that Mayor Hart had pro-
12, 1972, as "Black History Week" and
Bakersfield, California, February 7, 1972 - Page 3
requested each and every citizen to participate. He attended last
evening's Black History Week celebration and was disappointed that
there were not more people of other races present, as the intent
and goal of this activity is to build good relations throughout
the community.
Upon a motion by Councilman Heisey, Mayor Hart was asked
to forward a letter to Mr. Robert Hoven, member of the Advisory
Board of the Automobile Club of Southern California, thanking him
for his cooperation relative to the presentation in the current
issue of Westways Magazine of an excellent article on the City of
Bakersfield by Jack Smith, former resident of this community.
Councilman Heisey stated he does not think the Council
should be too hasty to take any punitive action against service
station operators as long as used tires are stored on their own
property. He is sure that those operators who display their tires
feel they make a good appearance to the public and informs the
public that they sell tires.
Councilman Whittemore commented that the tires he referred
to were not those used for advertising, but are mountains of old
tires that should be discarded.
Reports.
Councilman Bleecker, Chairman of the Business Development
and Parking Committee, reported on a meeting held with the staff to
discuss amendments to the ordinance regulating ~he sale of safe and
sane fireworks within the
gained last year with the
fireworks.
City. These requests stem from experience
processing of applications for the sale of
The staff has requested that the officer, operator, or
authorized employee of an eligible nonprofit organization, corpora--
tion or retail business be required to file an application for a
permit to sell fireworks. This would then prohibit the wholesaler
or agent of a fireworks company frommaking application and would
insure the City that the nonprofit organizations, corporations and
retail businesses have,. in fact, made an official commitment to
sponsor the sale of fireworks.
Bakersfield, California, February 7, 1972 - Page 4
In addition, the staff has requested that all applicants
submit written approval from the property owner and/or lessor for
the location on which it is intended to sell fireworks. This pro-
vision would solve the problem encountered last year when more
than one applicant was interested in selling fireworks at the same
location. The applicant with written consent from the property
owners will be issued the permit for that location and will give
the City assurance that the property owner is aware that his
property is going to be used for the sale of fireworks.
In conclusion this Committee recommends that this report
be received, and that this be considered first reading of the
attached ordinance which would accomplish those changes in the
fireworks ordinance as outlined in this report.
Upon a motion by Councilman Bleecker, the report was
adopted.
Councilman Rees, Chairman of the Budget Review and
Finance Committee, reported that this Committee and the staff
have met several times in recent months with the City's Financial
Consultant relative to alternative methods of financing the con-
struction of a new Police Facilities Building.
As the Council will recall, the Citizens Committee which
studied the space needs of the Bakersfield Police Building, reported
on May 20, 1970, their conclusion that
existed in the present Police Building.
that "the Council should be encouraged
a critical space need
In part, the report stated
to move with great expediency
toward the erection of a new Police Facility consistent with prudent
planning and proper financing." The report outlined various methods
of financing such a facility.
This Committee has met during this past week with the
Chairman of the Citizens Committee to discuss their recommended
method of financing a new Police Building. The Citizens Committee
unanimously suggested that the facility be financed by means of a
lease-purchase program, either a joint powers authority or nonprofit
corporation, rather than through the sale of general obligation
bonds.
67
Bakersfield, California, February 7, 1972 - Page 5
After careful study, this Committee recommends that the
construction of a new Police Building be financed by means of lease
financing. Such a program would not bind the City until all costs
are known and the lease executed.
In addition, the payment for the interest and redemption
requirements for joint power authority revenue bonds or quasi-
municipal bonds of a nonprofit corporation will be structured to
cause the least effect on the present general property tax levy
for bond debt service and would be redeemed as near as possible
in conjunction with the maturity of the City's present general
obligation bonds..
Therefore, this Committee recommends that the Council
receive this report and instruct the financial consultant to pro-
ceed with the necessary steps to explore alternatives for financing
the construction of a new Police Building by means of a lease-.
purchase program.
Attached to .the report for the information. of the Council
is a comprehensive analysis of comparative financing methods for
construction of a new Police facility.
Councilman Rees then moved that the report be received.
Councilman Heisey asked the motion include that action on the report
be delayed for one week for Council consideration. Nayor Hart
stated that this, then, would be considered first reading.
Councilman Rees stated that this is not an ordinance or
a resolution, it is a report containing a recommendation that the
City's consultant be directed to proceed to explore alternatives.
However, it could be considered first reading in the sense that
it is the Committee's recommendation to the Council.
Councilman Heisey stated that it was his understanding
in committee that the report would be presented tonight and any
action taken the following week, so that the Council would have a
week's time to digest the report.
Bakersfield, California, February 7, 1972 - Page 6
Councilman Bleecker asked if this was the program by
which the firm of Wainwright and Ramsey receives no remuneration
from the City unless the project is actually undertaken. Mr.
Bergen confirmed this, stating that this firm had been retained
as the City's financial consultant and will not receive payment
until the actual details of financing the construction of the
building have been worked out.
Councilman Bleecker asked Mr. Bergen if the City's con-
sultants would receive any compensation if this project were
financed through the sale of general obligation bonds. Mr. Bergen
replied that they would receive the same amount.
Councilman Bleecker stated the study requested by the
Budget Review and Finance Committee from Wainwright and Ramsey
appears to rule out the sale of general obligation bonds and asks
the consultants to explore financing this facility by means of a
lease-purchase program, which in his opinion, causes an ambiguity
in the report. He asked for an explanation.
Councilman Rees, as Chairman of the Budget Review and
Finance Committee, stated that the alternatives in the report are
between a nonprofit corporation or a joint powers authority. The
joint powers authority is broken down in alternatives between an
agreement with the County of Kern and possibly an agreement with
the Bakersfield Redevelopment Agency. The Citizens Committee has
indicated to the Budget Review and Finance Committee that a new
building for the Police Department is a critical need; the Committee
in turn feels that this need is critical. The Committee feels that
there are substantial reasons why the alternatives that they have
screened out of the entire possibilities are the best ways of
financing the construction, subject, of course, to the examination
of the Council.
Councilman Bleecker stated that he wanted to make it
absolutely clear that he would not support a report that does not
contain a provision for a public vote on the sale of general
obligation bonds.
69
Bakersfield, California, February 7, 1972 - Page 7
Councilman Heisey attempted to clarify the report further
by stating that a representative of Wainwright and Ramsey present
at the meeting of the Budget Review and Finance Committee, was
particularly desirous that the Committee limit its recommendations
to either considering the sale of general obligation b6nds that
would permit the public to vote on the matter, or to go to one of
the joint powers agreements mentioned in the report. Mr. Ray
Dezember, Chairman of the Citizens Committee who was also present
at the Budget Review and Finance Committee meeting, stated his
Committee favored proceeding on the basis recommended in the report
read by Chairman Rees. Councilman Heisey stated that Mr. Dezember
advised him that this was by unanimous opinion of the Citizens
Committee. He therefore would support the report.
Councilman Whirremote pointed out that the report of
Wainwright and Ramsey entitled "Comparative Financing Methods for
Construction of a New Police Facility for the City of Bakersfield"
is a very comprehensive report and will further clarify the Budget
Review and Finance Committee's report. It coincides with the
opinion of the members of the Citizens Committee who are topflight
advisors and have done a great deal of research into the matter.
Councilman Medders commented that it seems to him regard-
less of how the issue is looked at, the people are going to pay for
it. They are being offered two choices, either to vote on the issue
or pay for the project without a ballot.
Councilman Bleecker asked Councilman Rees if it was the
intention of the Budget Review and Finance Committee in its short
report to rule out financing this building by means of general
obligation bonds.
Councilman Rees replied that the report was not intended
to be ambigious, the recommendation contained in this report is the
Committee's recommendation, and the Council does not necessarily
have to follow a Committee's recommendation. The Committee felt,
for reasons pretty well explained in the consultant's report, that
the most successful and quickest way to finance this project are
the three alternatives outlined in the report. The report does
not rule out anything, it is only intended to be a recommendation
to the Council.
7O
Bakersfield, California, February 7, 1972 - Page 8
Rees'
After additional discussion, vote taken on Councilman
motion carried unanimously.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a)Allowance of Claims Nos. 2401 to 2452,
inclusive, in amount of $59,144.10.
(b) Plans and Specifications for improving
Columbus between Mt. Vernon and Auburn
and Paving Median Islands in Panorama
between Wenatchee and Crescent.
Upon a motion by Councilman Medders, Items (a) and (b)
of the Consent Calendar were adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Whittemore
Noes: None
Absent: Councilman Thomas
Action on Bids.
Upon a motion by Councilman Whirremote,
requirement contract was awarded to Shell
Gasoline and Diesel requirement contracts
Oil Company, all other bids were rejected,
authorized to execute the contracts.
Councilman Bleecker asked if requests for bid had been
sent to all the major oil companies. Mr. Frank Casey, Assistant
to the Finance Director, stated that he had not attended the
County's bid opening this year, but in the past all major oil
companies had been given the opportunity to submit a bid. Mr.
Ed Kuhn, representative of Atlantic Richfield who was present in
the audience, stated that he had received a request to bid but did
not do so because of the shortage of diesel and crude in this area
making it necessary to haul from Los Angeles, which puts his
company in a non-competitive position. Also, they make more money
by not meeting competitive bids for County and City requirements.
Many of the oil companies do not have low lead regular gasoline
and do not qualify to offer a bid.
Councilman Bleecker remarked thaf orindarily the infor-
mation on the agenda states how many bids were requested and how
many were received. He asked that this information be furnished
in the future when bids are presented to the Council.
Premium Gasoline
Oil Company, Regular
were awarded to Standard
and the Mayor was
71
Bakersfield, California, February 7, 1972- Page 9
First reading of an Ordinance amending
Section 17.56.010 of the Municipal
Code (Zoning Regulations) providing
for Automobile Off-Street Parking
requirements.
First reading was considered given an Ordinance amending
Section,17.56.010 of the Municipal Code (Zoning Regulations) pro-
viding for Automobile Off-Street Parking Requirements.
Claim for damages from J. B. & Helen
Bennett referred to the City Attorney.
Upon a motion by Councilman Rucker, claim for damages
from J. B. & Helen Bennett was referred to the City Attorney.
First reading of an Ordinance amending
Title 13, including Chapter 13.01,
13.04, 13.16, 13.30, 13.40, 13.60,
13,64 and 13.66 and repealing Chapters
13.80 and 13.90 of said Title of the
Municipal Code, concerning Building
and Construction Regulations and
Standards; adopting by reference the
Uniform Building Code (1970 Edition
Volumes I, II, III, IV and V), and
the Uniform Plumbing Code (1970 Edition).
It was moved by Councilman Rees that an Ordinance amending
Title 13, including Chapters 13.01, 13.04, 13.16, 13.30, 13,40,
13.60, 13.64 and 13.66 and repealing Chapters 13.80 and 13.90 of
said Title of the Municipal Code, concerning Building and Con-
struction Regulations and Standards; adopting by reference the
Uniform Building Code (1970 Edition Volumes I, II, III, IV and V)
and the Uniform Plumbing Code (1970 Edition), be considered given
first reading, that the City Clerk be instructed to publish Notice
of Hearing in the Bakersfield Californian for two successive weeks,
and that date of hearing to consider adoption of said ordinance be
set for 8:00 P.M., February 28, 1972.
Councilman Rucker sta'ted that he does not think Building
Code regulations should create a hardship on people who are
occupying houses which have become substandard over the years,
that they should not be compelled to expend money to bring their
homes up to the code.
Bakersfield, California, February 7, 1972 - Page 10
Councilman Heisey asked the City Manager to send copies
of the ordinance to the Bakersfield Builders Exchange and the
General Contractors Association for their information and that
they be notified that the Council will hold a public hearing on
February 28th. Mr. Bergen slated this had already been done.
Councilman Bleecker asked if the City had an ordinance
which required a home to be brought up to standard before it can
be sold. Mr. Hoagland stated the City does not have such an
ordinance.
Building Director Olsson stated the only way it is
brought to the Building Department's attention that a house is
substandard or a hazard exists, is through the Welfare Department,
Health Department or the Fire Department. When they are notified
of this condition, they follow through on it. At the present time
the City is operating under the 1967 Uniform Housing Code, which
does not meet the standard of the 1970 State Code. Right now the
State of California is operating under the 1970 Housing Code.
Councilman Heisey asked if any change was contemplated
in the permit fee schedules by the adoption of this ordinance and
Mr. Olsson stated that the fees will remain the same.
Vote taken on Councilman Rees' motion carried unanimously.
Approval of boundaries of annexation
of SW~ of Section 10, T30S, R27E,
M.D.B.&M. to the City of Bakersfield,
requested by Tenneco West.
Upon a motion by Councilman Medders, the boundaries of
annexation of the SW¼ of Section 10, T30S, R27E, M.D.B.&M., to the
City of Bakersfield, requested by Tenneco West were approved, and
referred to the City Engineer and City Attorney for referral to
LAFC.
73
Bakersfield, California, February 7, 1972 - Page 11
Approval of Request from Gannon Con-
struction to construct three 236
Housing Projects·
Upon a motion by Councilman Bleecker, request from Gannon
Construction to construct three 236 Housing Projects was approved.
These projects are located as follows:
Royal Palms Apartments: Contains 24
units and is located on West Columbus
Street between Jewett Avenue and "O"
Street.
Alta Cresta Arms: Contains 12 units
and is located on Goodman Street east
of Thelma Drive and west of Alta Vista
Drive.
Villa San Dimas: Contains 20 units
and is located on 36th Street between
"O" and San Dimas Street.
Councilman Whittemore voted in the negative on this
motion.
Adoption of Resolution No. 4-72 certi-
fying title to the intersections within
the "Bakersfield Topics Plan-2 for the
installation and Modification of Traffic
Signals and Lighting Systems at various
Intersections."
Upon a motion by Councilman Medders, Resolution No. 4-72
certifying title to the intersections within the aKersfield Topics
Plan-2 for the Installation and Modification of Traffic Signals and[
Lighting Systems at various intersections," was adopted by the
following vote:
Ayes:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Whittemore
Noes: None
Absent: Councilman Thomas
Adjournment.
There being no luther business to come before the Council,
upon a motion by Councilman Rucker, the meeting was adjourned at
9:02 P.M.
~¥o~f the ~ity of Bakersfield,
Calif.
ATTEST:
~i~ and~'x-~iclo-~lerk of the Council
of the City of Bakersfield, California
74
Bakersfield, California, February 14, 1972
Minutesof
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., February 14, 1972.
to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Donald
Swain of the Westminster Presbyterian Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees,
Rucker, Thomas, Whittemore
Absent: None
Minutes of the regular meeting of the Council of the
City of Bakersfield held February 7, 1972 were approved as presented.
Council Statements.
Councilman Heisey stated that it was just a year ago,
on February 17th, that International Square Park in East Bakers-
field was dedicated. This park has become a beautiful little
island and is being used and enjoyed by picnickers and elderly
people, and is a distinct improvement and credit to the east side
of the City. He expressed his personal thanks to the news media
and the members of the Council who worked with him in building
support for the establishment of this park.
Councilman Rees remarked that he could see nothing in
the Municipal Code which would prevent one Councilman from saying
something complimentary about another Councilman, one who is con-
sidered competent, dedicated and is generally appreciated. He
stated that he had been officially delegated to give this Council-
man something for Valentine's Day and presented Councilman Medders
with a valentine.
Councilman Whittemore commented on Councilman Heisey's
statements regarding International Square Park, stating that he
was one Councilman who had deep reservations regarding this park,
in fact he voted against it, but he notices that it is being used
by very fine people and is very pleased that it is such a great
success.
7,5
Bakersfield, California, February 14, 1972 - Page 2
Mayor Hart submitted the name of Mr. Ralph Poehner, 20
Panorama Gardens, to fill a vacancy on the Bakersfield Redevelop-
ment Agency, due to the resignation of Mr. Gerald Clifford. He
stated that Mr. Bill Lee, whose term on the Agency expired February
1, 1972, has expressed his willingness to serve another term. Upon
a motion by Councilman Whittemore, Mr. Ralph Poehner was appointed,
and Mr. Bill Lee was re-appointed, to serve as members of the
Bakersfield Redevelopment Agency for four year terms expiring
February 1~ 1976.
Reports.
Councilman Whittemore, Chairman of the Governmental
Efficiency and Personnel Committee, reported that this Committee
has met several times with the City staff to discuss amendments
concerning overtime and administrative leave for certain few
classes of employees in the Compensation Ordinance.
In April, 1971, the Council adopted a number of changes
in this ordinance and changes in the City's payroll procedures
have indicated a need to update and further clarify several pro-
visions of the Compensation Ordinance. The Committee reported
that additional changes were being discussed and would be submitted
to the Council when agreement had been reached.
The Committee is proposing the following changes in the
Compensation Ordinance:
1. Change the overtime classification for
employees in the Supervisory Personnel
Group of the Compensation Ordinance to
authorize the payment of overtime.
2. Add to the Compensation Ordinance the
provision whereby off-duty Firemen called
back to fight fire would be compensated
with a credit of compensatory time off
at two times the hours of overtime worked
or equivalent pay. This change puts a
long-standing policy of the Fire Depart-
ment in ordinance form.
3. Add to the Compensation Ordinance the pro-
vision requiring all employees on leave of
absence without pay to pay for their own
health plan insurance. This amendment
puts a long-standing administrative policy
in ordinance form.
4. Implementation of other minor technical
changes to facilitate the administration
of the Compensation Ordinance.
76
Bakersfield, California, February 14, 1972 - Page 3
In conclusion, this Committee recommends that this report
be received, that these proposed changes in the Compensation
Ordinance be adopted, and this be considered first reading of the
ordinance.
Upon a motion by Councilman Whittemore, the report was
received and the ordinance was considered given first reading.
Upon a motion by Councilman Bleecker, report from Captain
Robert Price, Traffic Division, on request for establishment of
addition to Parking Mall, was received and ordered placed on file.
Consent Calendar.
The following items are listed on the Consent Calendar:
(a)Allowance of Claims Nos. 2453 to 2522,
inclusive, in amount of $26~834.76.
(b) Street Right of Way Deed from J. L.
Dandy & Company for opening of Wilson
Road west of Stine Road.
(c)
Plans and Specifications for Paving
and Improving Wilson Road from Stine
Road to 1470 feet westerly.
Upon a motion by Councilman Medders, Items
(a), (b) and
were adopted by the following vote:
Rees, Rucker,
(c), of the Consent Calendar,
Ayes: Councilmen Bleecker, Heisey, Medders,
Thomas, Whittemore
Noes: None
Absent: None
Deferred Business.
Councilman Rees, Chairman of the Budget Review and
Finance Committee, stated that this Committee had submitted a
Report last week on the financing of a new Police Building and
questions posed at that meeting regarding this report were
simple.
1. Does the City of Bakersfield need a
new Police Building, or doesn't it?
2. If it does, how shall it be financed?
The Budget Review and Finance Committee is firmly
vinced that the City does need a new Police
it should be financed,
the
fairly
con-
facility. As to how
after studying the reports of the 14-man
77
Bakersfield, California, February 14, 1972- Page 4
Citizens Committee and the City's Financial Consultant, and con-
ferring with the Financial Consultants and Mr. Ray Dezember,
Chairman of the Citizens Committee, it was the conclusion of the
Budget Review and Finance Committee that the building should be
financed by tax-exempt, lease financing, using either a non-profit
corporation or a joint powers agreement. The intent of this
Committee's report as submitted at the last meeting, was to recom-
mend to the Council that the City's Financial Consultant be
instructed to explore these alternatives and to report his findings
to the Council. Councilman Rees further pointed out thatthis is
only a recommendation to the Council by the Budget Review and
Finance Committee and referred to that portion of the Committee's
report which stated, in referring to a lease purchase agreement,
"such a program would not bind the City until all costs are known
and the lease executed."
Councilman Rees stated he would move to submit the report
in second reading, for approval.
Councilman Heisey stated he would like to have the
question divided and submit it to a vote as to whether the City
needs a new Police Building. He feels it is most important that
the public be informed where the Council stands, and offered a
substitute motion that the Council go on record as expressing the
need for construction of a Police facility as early as possible
and that the financing of the new building be considered as a
separate motion.
Councilman Rees stated he made a tour of the Police
Building last week and in support of Councilman Heisey's division
of the question, would say that he is thoroughly convinced that
if this need isn't critical at the present time, it will become
critical very soon.
Vote taken on Councilman Heisey's substitute motion
carried by the following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Noes: None
Absent: None
Thomas,
Whir ternore
78
Bakersfield, Cali£ornia, February 14, 1972 Page 5
Councilman Medders submitted the following statement:
I want to make it clear that I have no objections
to the need for a Police facility. I am not
questioning the need for more space, because I
know that as the City grows, additional personnel
will be required in each division and department.
I feel we have a very fine Police Department and
I support the Citizens Advisory recommendations
for a new facility completely.
I cannot support the lease-purchase proposal
which bypasses the right of the voter who must
pay the bill. It might be argued that the
voters elected the Council to make such a
decision. I am more inclined to think that the
citizenry elects us to protect their right to
exercise the option on key issues.
I stand 100% behind a new Police facility
financed by general obligation bonds which
must be approved by the voter.
Mayor Hart asked if the Committee had made a recommendation
proposing the type of financing that Mr. Medders opposes or was it
the recommendation that the consultant determine and recommend to
the Council the method he feels should be used to finance the
building.
Councilman Rees stated that the Committee is recommending
that the Council request the City's Financial Consultant to choose
between the two lease purchase methods, and to recommend which of
these would be most advisable. Since they have already received
the benefit of the Financial Consultant's counsel, they are not
requesting additional information on the sale of general obligation
bonds.
Councilman Bleecker stated that as he sees it the Council
will be voting on whether or not to ask the consulting firm to
explore two alternatives, both of which include financing by means
other than general obligation bonds. He asked City Attorney
Hoagland if when the consultant's report is received, it would be
proper for the Council at some later date to take further action
choosing the method by which it prefers to have the Police facility
financed.
Mr. Hoagland stated that it is his opinion the Council
can make this decision tonight. The method of financing, whether
it is done with a joint exercise of powers agreement with the County
or one with the Redevelopment Agency, or a non-profit corporation,
79
Bakersfield, California, February 14, 1972 - Page 6
is a lease purchase method, the only other method of financing is
the general obligation bonds. According to Mr. Bergen, the con-
sultants are to work out some sort of a lease purchase arrangement
and come back to the Council. At that time a decision can be made
on either going to the method recommended by the Financial Consultant
or to general obligation bonds. That decision could be made at the
present time.
Councilman Bleecker stated he did not want to make that
decision now. He would support a motion that would cause a survey
to be made, as it is not going to cost the City anything until
some action is taken.
Mr. Bergen stated he did not want to confuse the issue,
but it was his understanding that the Budget Review and Finance
Committee report recommended to the Council that the method of
financing the facility would be by lease purchase, not general
obligation bonds, and that the Financial Consultant be requested
to evaluate methods of lease purchase and come back specifically
with a program for the Council to approve. The approval tonight
would not be binding on the Council but would determine future
actions by the Financial Consultant and the staff.
Councilman Bleecker stated that if the Council was going
to decide tonight to finance this building by a lease purchase
program, why request the Financial Consultant to make a survey.
Couldn't an evaluation on general obligation bonds be made at the
same time at very little additional cost.
Mr. Hoagland stated that in his opinion the Council has
a choice of either financing by lease purchase or by general
obligation bonds. If a study is wanted on comparison of the two
methods before a decision is made, that is a different thing, and
he is not sure that is what the Committee's report recommends. He
attended the Committee's meeting, and was under the impression
that it was a policy decision to be made whether to go general
obligation bonds or lease purchase.
Bakersfield, California~ February 14~ 1972 - Page 7
Councilman Bleecker stated that in his opinion the entire
Council is being precluded from information that it should have
before a decision is made on how to finance the Police Building,
because if the consultants are not asked to submit a study on
general obligation bonds~ he does not see how the Council can
properly act~ particularly in view of the fact that there appears
to be some opposition among the Council members as to the proper
way to finance the building. He feels it would be a disservice to
the City for the Council to approve the method of financing as a
lease purchase agreement, without including a survey on general
obligation bonds. He therefore cannot support the motion under
these circumstances.
Mayor Hart asked if an acceptable motion to the Council
would be to request the consultant to prepare recommendations on
financing by both lease purchase agreements and general obligation
bonds. Councilman Bleecker stated he would move that this be a
substitute motion to the second part of the question.
Councilman Heisey stated he attended the meeting and he
concurs with the City Attorney that the consultant was asking for
specific direction, either to go on the general obligation bonds
or the joint powers agreement. He doesn't believe the Budget
Review and Finance Committee's report spelled this out clearly
enough and in view of the fact that every member of this Council
is very much interested in this building, he thinks it would be a
good idea to continue the matter for two weeks and to request the
chairman of the Citizens Advisory Committee and the Financial Con-
sultant to be present at the next Council meeting to explain their
recommendations to the whole Council. He therefore offered a
substitute motion that the matter be delayed for two weeks for
explanations £rom Mr. Ray Dezember and the City's Financial Con-
sultant.
Councilman Rees stated he would be willing to accept
Councilman Heisey's substitute motion, that he would like to have
these gentlemen answer questions ~or the whole Council as they did
Bakersfield, California, February 14, 1972 - Page 8
for the Committee. Substitute motion by Councilman Heisey carried
by the following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Mr. Bergen commented that the two weeks delay will be
helpful and they will endeavor to have the Financial Consultant
present at the Council meeting. He suggested that the Council
reread the report from Wainwright and Ramsey, as included in the
report are comments regarding the three alternate methods of
financing.
Councilman Bleecker asked if this proposition could be
placed on the June ballot if the Council should decide the general
obligation bonds would be preferable to other means of financing
this project. Mr. Hoagland stated that a certain amount of time
would be needed to consolidate the election with the County June
6, 1972 Primary Election, but if the decision were made soon, this
could be accomplished.
It was moved by Councilman Bleecker that Ordinance No.
1990 New Series of the Council of the City of Bakersfield amending
Section 17.56.010 of Chapter 17.56 of the Municipal Code providing
for Automobile Off-Street Parking requirements be adopted.
Councilman Whirremote asked Planning Director Sceales to
clarify this ordinance for him. Mr. Sceales read sections of the
existing ordinance and the changes proposed in the new ordinance.
Councilman Whittemore stated he was concerned because of
the number of vacancies in the downtown area and to require additional
parking in an area where it is impossible to provide it, would almest
preclude the development of those properties. Mr. Sceales said this
was the reason it was being changed. If a structure presently has
no off-street parking space, parking facilities would not be required
under a new use.
Roll call vote on
follows:
Councilman Bleecker's motion carried as
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Bakersfield, California, February 14, 1972 - Page 9
Upon a motion by Councilman Whittemore, Ordinance No.
1991 New Series of the Council of the City of Bakersfield amending
Section 14.40.040 of Chapter 14.40 of the Municipal Code relating
to the sale of Safe and Sane Fireworks within the City, 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
amending Section 4.04.070 of Chapter
4.04 of the Municipal Code, altering
the boundaries of the Seventh Ward to
reflect all annexations of territory
to the City to the date of this
Ordinance.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 4.04.070 of
Chapter 4.04 of the Municipal Code, altering the boundaries of the
Seventh Ward to reflect all annexations of territory to the City
to the date of this Ordinance, which would include the territory
of Airpark No. 1 Annexation.
Adoption of Resolution of Intention
No. 872 of the Council of the City
of Bakersfield, California, declaring
its intention to order the vacation
of frontage road along Mr. Vernon
Avenue, City of Bakersfield.
Upon a motion by Councilman Rees, Resolution of Intention
No. 872 of the Council of the City of Bakersfield, California,
declaring its intention to order the vacation of the frontage road
along Mr. Vernon Avenue, City of Bakersfield, and setting March 6,
1972 for hearing on the matter before the Council, was adopted by
the following vote:
Ayes:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Noes: None
Absent: None
Bakersfield, California, February 14, 1972 - Page 10
83
Claim for damages from Juan Carbajal
referred to the City Attorney.
Upon a motion by Councilman Rucker, claim for damages
from Juan Carbajal was referred to the City Attorney.
Council rescinds its former action in
adopting Ordinance No. 1990 New Series
amending Section 17.56.010 of Chapter
17.56 of the Municipal Code providing
for Automobile Off-Street Parking
requirements.
Councilman Bleecker remarked that he had noticed on the
Board of Zoning Adjustment agenda that the Bakersfield Elks Club
had made an application for a modification of zoning to permit a
reduction in the required off-street parking, and asked if the
ordinance just passed by the Council providing for Automobile Off-
Street Parking requirements would affect this application.
Mr. Sceales replied that if this ordinance were in effect
when the apartments were completed, they would not need a modifi-
cation of the zoning.
Councilman Bleecker stated that when the apartments are
constructed, it will ruin the parking mall in that area. Mr.
Sceales explained that if the building was remodeled at the present
time, this use would require 150 off-street parking spaces under
the existing ordinance. The use they are proposing would require
40 or 50 cars less than formerly required.
City Attorney Hoagland stated that when this ordinance
just adopted becomes effective, no off-street parking would be
required at this location.
Councilman Bleecker then moved that the Council rescind
the ordinance which it had previously adopted. Stating that he
would like to give the ordinance further consideration, Councilman
Heisey seconded the motion. Roll call vote taken to rescind
Ordinance No. 1990 New Series of the Council of the City of Bakers-.
field amending Section 17.56.010 of Chapter 17.56 of the Municipal
Code providing for Automobile Off-Street Parking Requirements,
Bakersfield, California, February 14, 1972 - Page 11
Ayes:
Noes: None
Absent: None
carried as follows:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Rescinded Ordinance ordered returned
to agenda of meeting of February 28,
1972.
It was moved by Councilman Thomas, that rescinded
ordinance of the Council of the City of Bakersfield providing for
Automobile Off-Street Parking Requirements be returned to the
agenda of meeting of February 28, 1972 for further evaluation.
Councilman Rees asked if this ordinance has been proposed
for a special purpose, or had the Council adopted something very
general. Councilman Heisey responded that he had the distinct
impression this ordinance was designed to take care of the Elks
Club building. Councilman Whittemore stated he had the same feeling.
Mr. Bergen suggested that the Council refer the ordinance
to the Business Development and Parking Committee for evaluation in
committee.
Councilman Whittemore commented that it had already been
evaluated by the Planning Commission, which is the recommending
body to the City Council. Further consideration will permit each
and every Councilman to know why this ordinance was proposed.
Councilman Thomas's motion to return the ordinance to
the agenda of February 28, 1972 meeting, carried by the following
roll call 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 Medders, the m~ting was adjourned at
MAYOR~n~ ei~yof Bakersfield, Calif.
ATTEST:
of the City of Bakersfield, California
Bakersfield, California, February 28, 1972
Minutes of the regular meeting of the Council of the
City of Bakersfield, California,
the City Hall at eight o'clock P.
The meeting was called
held in the Council Chambers of
M., February 28, 1972.
to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation
Toler of the First Christian Church.
Present:
by the Reverend Tom
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees,
Rucker, Thomas, Whittemore
Absent: None
Minutes of the regular meeting of
approved as presented.
Correspondence.
A communication was received from Richard
February 14, 1972 were
C. Bailey,
General Chairman of the Museum Heritage Days Committee, requesting
the City Council to issue a Proclamation recognizing the Fifth
Annual Museum Heritage Days Celebration which will be held on
April 15 and 16, 1972. Commenting that it would seem appropriate
to him for the City to lend its support to this worthwhile cele-
bration, Councilman Rees moved that the Mayor be instructed to
prepare an appropriate proclamation designating April 15 and 16,
1972,as "Museum Heritage Days."
Councilman Heisey agreed that this event will be of
great interest to the community and he encouraged the public to
take advantage of this opportunity to become more familiar with
the displays available at the County Museum. He pointed out that
Mr. Bailey, Director of the Kern County Museum and Chairman of the
Museum Heritage Days Committee was present in the audience and
perhaps he would like to address the Council. Mr. Bailey stated
that this request was being made because he feels that most of
the citizens of Greater Bakersfield are very definitely concerned
with this celebration.
Councilman Heisey seconded Councilman Rees' motion which
carried unanimously.
Bakersfield, California, February 28, 1972 - Page 2
A communication was received from the Greater Bakersfield
Separation of Grade District inviting representatives of public
agencies to attend the next regular meeting of the Commission of
the Greater Bakersfield Separation of Grade District being held
March 8, 1972 at 8:00 P.M. Councilman Rees remarked that he
feels the Council will be well represented as Director of Public
Works Bill Jing is generally in attendance and he understands that
Councilman Heisey intends to be present at this meeting.
Upon a motion by Councilman Rees, communication from
Dr. Phyllis Dabbs thanking the Council and expressing her apprecia-
tion for the construction and completion of the bikeway on Auburn
Street, was received and ordered placed on file.
Council Statements.
Councilman Bleecker stated he was very pleased to mention
an achievement of tennis star Dennis Ralston, a native of Bakers-
field who has traveled throughout the world and wherever he went
he has had good things to say about Bakersfield and has put this
City's name on more maps than any other single athlete Bakersfield
has ever produced. This young man grew up playing tennis in Jastro
Park in the Fourth Ward and that is where Councilman Bleecker first
met him. Mr. Ralston and his partner were the youngest players to
ever win the doubles championship at Wimbledon, England. Mr.
Ralston has been accorded the singular honor of being named coach
and captain of the U.S. Davis Cup Team. No other individual has
ever been accorded this prestigious honor.
then moved that Mayor Hart draft a letter,
all members of the Council, commending Mr.
Councilman Bleecker
for the signatures of
Dennis Ralston for his
fine achievement and also in
Bakersfield in the forefront
carried unanimously.
Mayor Hart stated that he has been
recognition of his efforts to keep
of the world of sports. This motion
in contact with the
office of Congressman Bob Mathias who has advised him that the
General Accounting Office audit of the Kern County Economic Corpora-
tion should be finalized about the middle of March and will be
available to the Council at that time.
Bakersfield, California, February 28, 1972 - Page 3
Mayor Hart
Rucker with a Service Award Certificate on completion of
presented First Ward Councilman Samuel Del
ten years
in office as a City Councilman.
Consent Calendar.
The following items were listed on the Consent
(a)
(b)
(c)
(d)
(e)
Allowance of Claims Nos. 2523 to 2718,
inclusive, in amount of $115,843.35.
Drainage Sump Easement, Temporary Sewer
Easement, Temporary Turnaround Easement
and Actis Road Right of Way Deeds from
Elmer F. Karpe, Inc. for Tract No. 3562-A
located at Planz and Stine Roads.
Street Right of Way Deed from H. E. Aaron
for Columbus Street and the alley east of
Columbus Street and north of Christmas
Tree Lane.
Grant Deed from Panama Union School
District for additional right of way
for Kleinpell Avenue next to Van Horn
School.
Planter Box Easements.from Stockdale
Development Corporation for Tract No.
3494 located at the southwest corner
of Wilson Road and New Stine Road
intersection.
Application for an Encroachment Permit
from Arthur Thompson.
(f)
Upon a motion by Councilman Medders, Items (a), (b),
(d), (e) and (f) of the Consent Calendar were adopted by the
following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Ayes:
Noes: None
Action on Bids.
Absent: None
Calendar:
(c) ,
Upon a motion by Councilman Rucker, bid of Witco Chemical
for Annual Contract Road Oil and Emulsions was accepted, all other
bids were rejected and the Mayor was authorized to execute the
contract.
was authorized to execute the contract.
Freeway was accepted, all other bids were rejected, and the Mayor
Upon a motion by Councilman Bleecker, low bid of Monatley,
Inc. for Phase One, Relocation of Sewer Mains for State Route 58
Bakersfield~ California, February 28, 1972 - Page 4
Deferred Action.
Upon a motion by Councilman Heisey, action on Report of
Budget Review and Finance Committee regarding the financing of a
New Police Building was deferred for two weeks.
Upon a motion by Councilman Rees, Ordinance No. 1992 New
Series of the Council of the City of Bakersfield amending Sections
3.18.060 (Salary Schedule), 3.18.140 (Overtime), 3.18.150 (Overtime
Compensation) and 3.18.220 (Leaves of Absence) of the Municipal
Code of the City of Bakersfield, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Upon a motion by Councilman Bleecker, proposed Ordinance
amending Section 17.56.010 of Chapter 17.56 of the Municipal Code
providing for Automobile Off-Street Parking requirements was
referred to the Business Development and Parking Committee for
study and recommendation.
Upon a motion by Councilman Thomas, Ordinance No. 1994
New Series of the Council of the City of Bakersfield amending
Section 4.04.070 of Chapter 4.04 of the Municipal Code, altering
the boundaries of the Seventh Ward to reflect all annexations of
territory to the City to the date of this ordinance, was adopted
by the following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Ayes:
Noes:
Absent:
None
None
First reading of an Ordinance of the
Council of the City of Bakersfield
amending the Municipal Code by amend-
ing Sections 11.04.752 (Speed Limit
on Panorama Drive) and 11.04.764
(Speed Limit on Columbus Avenue).
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending the Municipal Code by
amending Sections 11.04.752 (Speed Limit on Panorama Drive and
11.04.764 (Speed Limit on Columbus Avenue).
Bakersfield, California, February 28, 1972 - Page 5
Request from Stockdale Development
Corporation for abandonment of "L"
Street between 38th Street and West
Columbus Avenue referred to the
Planning Commission for study and
recommendation.
Upon a motion by Councilman Bleecker, request from Stock-
dale Development Corporation for abandonment of "L" Street between
38th Street and West Columbus Avenue was referred to the Planning
Commission for study and recommendation.
Claim for damages from William T.
Wright referred to the City Attorney.
Upon a motion by Councilman Rucker, claim for damages
from William T. Wright was referred to the City Attorney.
Adoption of Drainage Plan for a por-
tion of Sections 11 and 14, T. 30 S.,
R. 27 E.
Upon a motion by Councilman Whittemore, Drainage Plan
for a portion of Sections 11 and 14, Township 30 South, Range 27
East, was adopted.
Approval of Map of Tract No. 3548
and Mayor authorized to execute
Contract and Specifications for
improvements therein.
Upon a motion by Councilman Rees, seconded by Councilman
be, and the
is hereby approved: that all the easements shown upon said
therein offered for dedication be, and the same are hereby
Heisey, it is ordered that the Map of Tract No. 3548
same
Map,
accepted
tion.
for the purpose for which the same are offered for dedica.-
Pursuant to the provisions of Section 11587 of the
Business and Professions Code,
requirements of the following:
NAME
William A. Howell, Jr.
Chanslor-Western Oil and
Development Company
City of Bakersfield
California Water Service
Company, a Corporation
the City Council hereby waives the
NATURE OF INTEREST
Mineral Rights below 500 feet
Mineral Rights below 500 feet
Easement Holder by instrument
recorded March 8, 1968, in
Book 4139, Page 696, O. R.
Easement Holder by instrument
recorded May 10, 1968, in
Book 4160, Page 397, O. R.
9O
Bakersfield, California, February 28, 1972 - Page 6
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 Conlract and Specifications covering
improvements in said Tract.
Hearings.
This is the time set for public hearing before the City
Council on application by Bakersfield Central Seventh Day Adventist
Church 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, and to an R-3 (Limited Multiple Family
Dwelling), or more restrictive, Zone, affecting that certain
property commonly known as 4201 Wilson Road.
This hearing has been duly advertised and posted and
notices sent to all property owners as prescribed by Ordinance.
An existing church is located to the front of this property and
the back portion is proposed to be sold for an apartment develop-
ment. The proposed church zone is in conformance with the Metro-
politan Area General Plan. The Planning Commission, however, would
recommend disapproval of the R-3 zoning for the following reasons:
1. Area is completely surrounded by R-1.
2. By allowing R-3 development lo start in
the center of a residential neighborhood,
the entire area would logically open up
for multiple zoning. Local streets are
not designed to carry such a heavy genera-
tion of traffic.
3. R-3 zoning should be provided at the edges
of lhe neighborhood adjacent to major or
secondary highways to allow better access
and circulation for this greater density
use.
Mayor Hart declared the hearing open for public partici-
patton.
Mr. Fred Porterfield, 4012 Hahn Avenue, Mrs. Martha
Chapman, 2912 Hallisey Street and Mr. Leroy Snell of 2809 Akers
Road, expressed opposition to the R-3 zoning of this parcel for
the construction of apartments, stating that this would not be
compatible with the existing R-1 neighborhood, would result in
increased heavy traffic, overcrowding of the schools and inadequate
off-street parking for multiple apartments.
91
Bakersfield, California, February 28, 1972 - Page 7
Mr. Dave Berg, Chairman of the Building Committee of the
church, stated that they were forced to purchase a much larger
parcel of property than they needed, and are offering the surplus
land for sale for apartment purposes. They have no intentions of
downgrading the neighborhood and felt it would be advantageous to
return the property to the tax rolls.
No further protests or objections being received, and no
one else speaking in favor or the rezoning, the public hearing was
closed for Council deliberation and action.
Councilman Whittemore stated he attended the Planning
Commission meeting when this matter was discussed; he sympathizes
with the church, but he must agree that the center of a residential
neighborhood is not the place to start development of an apartment
complex. He then moved that Ordinance No. 1966 New Series amending
Title 17 of the Municipal Code of the City of Bakersfield by changing
the Land Use Zoning of that certain property in the City of Bakers.-
field commonly known as 4201 Wilson Road be adopted, and that the
R-3 zoning of this parcel be denied.
Councilman Heisey commented that the City has a very fine
Planning Commission, it has thoroughly studied this application and
he feels its decision should be upheld. He expressed his support
for Councilman Whittemore's motion.
Councilman Thomas stated he would like to go on record
as commending the Planning Commission for its recommendations on
this rezoning and he hopes that those people who attended the
hearing and were not residents of the City would give consideration
to annexing to the City. He seconded Councilman Whittemore's motion
which carried by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Bleecker, Heisey, Medders,
Thomas, Whittemore
None
Rees, Rucker,
None
Bakersfield, California, February 28, 1972 - Page 8
This is the time set for public hearing before the City
Council to consider the adoption of an Ordinance amending and
revising Title 13 of the Municipal Code pertaining to Buildings
and Construction. This hearing has been duly advertised and 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 and no one
speaking in favor, the Mayor declared the public hearing closed
for Council deliberation and action.
Councilman Heisey remarked that he had not heard any
adverse comments from the Building Exchange or any other group
and he moved for adoption of Ordinance No. 1993 New Series of the
Council of the City of Bakersfield amending Title 13, including
Chapter 13.01, 13.04, 13.16, 13.30, 13.60, 13.64 and 13.66 and
repealing Chapters 13.80 and 13.90 of said Title of the Municipal
Code, concerning Building and Construction Regulations and Standards;
adopting by Reference the Uniform Building Code, (1970 Edition,
Volumes I, II, III, IV and V), and the Uniform Plumbing Code (1970
Edition). This motion carried by the following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Councilman Heisey asked Mr. Olsson, Building Director,
if the local plumbing contractors had been given the opportunity
to read the proposed ordinance.
the wording of the ordinance was
contractors.
Mr. Olsson stated that actually
recommended by the plumbing
Upon a motion by Councilman Thomas, Resolution No. 5-72
of the Council of the City of Bakersfield finding that amendments
to Building and Plumbing Code Construction Regulations are necessary
93
Bakersfield, California, February 28, 1972 - Page 9
because of
Health and
Ayes:
Noes:
Absent:
Council,
adjourned at 8:35
local conditions pursuant to Section 17958.5 of the
Safety Code, was adopted by the following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas~ Whittemore
None
None
Adjournment.
There being no further business to come before the
upon a motion by Councilman Bleecker, the meeting was
MAYOR ity of Bakersfield,
ATTEST:
CLgRI{ and Ex~O~'icio Clerk of the Council
of the City of Bakersfield, California
Calif.
94
Bakersfield, California, March 6, 1972
Minutes of the regular meeting of lhe Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., March 6, ~1972.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Ruth
Lusk of the First Congregational Church.
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 February 28, 1972 were
approved as presented.
Scheduled Public Statements.
Mrs. Humphrey Owen speaking for the Winner's Circle,
addressed the Council, stating that like many other groups in the
City, they are concerned with the drug problem in Bakersfield.
She requested support from the Council in the form of a Resolution
of Moral Support endorsing the endeavor of the Winner's Circle
group in fighting the drug problem in Bakersfield.
Mr. Tom Hancock stated that he was the volunteer Public
Relations Director of the Winner's Circle, and he has done con-
siderable research and investigation of the drug problem in the
community. There are very few professionals in the field who will
not openly admit and support the fact that ex-addicts are more
effective in saving addicts than professionals. This group is
contemplating an "Anti Drug Fair" which will be held on March 24,
25 and 26, 1972. They are planning to hold anti-drug poster
contests for student participation with prizes to be donated by
the businessmen of the City. Also featured at this fair will be
an auction of items donated by nationally known celebrities.
Mr. Tom Carey, Director of the Winner's Circle, stated
this is not a fund raising project, its an offensive against drugs.
He stated that there is a need for a building and that he intends
to seek the support of the Board of Supervisors for use of the
fairgrounds for the Anti-Drug Fair.
95
Bakersfield, California, March 6, 1972 - Page 2
Councilman Rees commented that he believes any group
which is fighting narcotics is to be commended, he would personally
be in favor of wishing the group well, but he does not feel that
the Council should take any particular action for or against the
drug fair.
Councilman Bleecker stated that the proposal is particu-
larly laudatory, he hopes that this group will raise money for their
fight against the drug problem. He sees no reason why the Council
should not support the concept and the idea of the so-called "Drug
Fair" and moved adopted of the requested Resolution.
Councilman Thomas stated he concurred with this 100% and
seconded the motion.
Councilman Whittemore commented that he has heard a
great deal about the Winner's Circle, he understands it is a very
fine organization and he wished to add his support to the proposed
Drug Fair.
Vote taken on the motion carried, with Councilman Rees
voting in the negative.
Council Statements.
Councilman Whittemore stated he received a call relative
to a report in a local newspaper, asking if the atomic energy
plant proposed to be constructed on the City's sewer farm will be
a safe operation. He was not aware that the City was negotiating
for an atomic energy plant and he asked the City Manager for an
explanation.
Councilman Heisey replied to the question stating that
the negotiations are being conducted primarily in the realm of a
fossil fuel burning facility. The atomic plant proposed is being
considered for construction in the Frazier Valley area north of
Porterville. He stated that he appreciates the news media coverage
of this matter as it is important that the electorate be informed
to support the proposed bond issue for the Greater Bakersfield
Improvement District for submission to the voters at a special
election to be held in September. Mr. Tom Stetson, the City's
Water Consultant, is discussing the matter with the Southern
California Edison Company.
Councilman Whittemore asked if the negotiating was being
done by the Water and City Growth Committee.
,96
Bakersfield, California, March 6, 1972 Page 3
City Manager Bergen stated he wanted to make it clear
that his office is not involved, that Mr. Stetson has not been
commissioned as a representative of the City to enter into any
agreement for a fossil plant on the City's sewer farm and no
official overtures have been made to the City concerning this type
of plant.
Councilman Heisey commented that there won't be anything
official until it is either adopted or rejected, but the negotia-
tions are going on~ he discussed this proposal with Mr. Stetson on
Friday.
Councilman Whittemore stated that if the Water and City
Growth Committee was considering entering into some type of nego-
tiations on a matter of this importance, as a member of the Committee
he would certainly appreciate being notified. He asked why the
election will be held in September, stating that he believes the
Council should request the Water Agency to consolidate this specia]L
water bond election with the November election in order to save the
taxpayers this additional expense.
Mr. Bergen explained that there was some discussion
relative to placing the bond issue on the June ballot, but the
agricultural interests that are a part of this improvement district
were unable to complete the paper work in time to consolidate with
the June primary.
City Attorney Hoagland stated that the Kern County Water
Agency does not wish this measure to appear on a ballot at either
the June or November elections which will also include a number of
local and State bond propositions. This is a very important water
bond election and should be considered on its own merits.
Councilman Rees stated that as a member of the Water and
City Growth Committee he, too~ would like to be kept informed of
any negotiations the City is involved in relative to this proposed
fossil plant.
Councilman Heisey stated that he disliked having this
important water issue clouded with obtuse remarks. If the Los
Angeles Department of Water and Power establishes an atomic power
plant north of Porterville, it would mean a significant reduction
in the cost of the cross valley canal to local taxpayers. At the
present time this proposal is only at the conversational stage,
97
Bakersfield, California, March 6, 1972 - Page 4
but it is Mr. Stetson's business to keep discussing these matters
and he will keep the other members of the Committee and the Council
informed.
Councilman Bleecker commented that the full Council Com-
mittee should know about what is transpiring on an important issue
of this nature. Since he is not on the Committee, as a member of
the Council he asked Councilman Heisey to keep him informed.
Mr. Hoagland stated that the Southern California Edison
Company has engaged the services of Mr. Stetson to survey a large
land area in Kern County to determine a suitable site for a projected
power plant. During discussion, Mr. Stetson recommended to fhe
Company that it might take a look at the municipal farm for this
purpose. As far as Mr. Hoagland knows, that is the extent of if,
no overtures have been made by the Southern California Edison
Company to the City, and if there are any, the Council will be the
first to know about it. That is the background of the matter and
he doesn't know what the status of it is at the present time.
Councilman Whittemore commented that as long as the
Council is kept advised of developments, he sees no problem.
Councilman Whittemore appointed Mrs. Betty Pinckard of
1517 Emery Street to replace Mr. Jay C. Hale on the Bakersfield
Citizens Advisory Committee for the Kern County Council of Govern-
ments. Mr. Hale is moving from the City and was forced to resign
from this Committee. Councilman Whittemore asked that a letter of
commendation be sent Mr. Hale for his excellent work on this
Committee.
Councilman Rees remarked that in driving past International
Square Park in East Bakersfield, he noticed that the Superintendent
of the Southern Pacific Railway Company had kept his promise to
repaint the old Southern Pacific Railroad Station, which has
certainly made an improvement in the area.
Councilman Rees stated that the Finance Director has
addressed a communication to businessmen in the City inviting them
to, furnish the City with a list of the names and addresses of all
out of town suppliers with whom they are doing business to assist
the City in collecting Business License fees from all out of town
firms doing business in the City. He asked the City Attorney to
Bakersfield, California, March 6, 1972 - Page 5
define what type of firm should or should not pay a Business License
to the City.
City Attorney Hoagland stated that there have been many
court cases on this and many examples and variations, each one of
which would have to be taken on an individual basis. Primarily,
it is based on where the company is doing business.
Councilman Heisey stated this is an issue which all
cities seem to be struggling with, he has been contacted by the
City of San Luis Obispo to pay a Business License fee on material
he delivered to a local Bakersfield contractor who is building
some apartment houses in that.area. He stated he is refusing to
pay these fees as the transaction actually took place in this City.
He feels that Mr. Hoagland is correct when he states that each one
must be decided on its own merits.
Reports.
City Manager Bergen stated that he has received a letter
from the Kern County Water Agency advising that it is in the process
of forming an advisory committee for the operation of the Urban
Improvement District No. 4 which will bring supplemental water
into Metropolitan Bakersfield. He suggested that the Council
formally appoint Councilman Heisey, Chairman of the Water and City
Growth Committee, so that he can represent the City in any dis-
cussions which may occur.
Councilman Rucker made a motion that Councilman Heisey
be appointed to act in this capacity.
Councilman Bleecker raised the question as to whether or
not this Committee was properly constituted for the purposes of
representing the citizens of Bakersfield, stating that he feels
until such time as the City of Bakersfield will be sufficiently
represented, the Council should refrain from appointing anyone to
this Committee.
Mr. Bergen stated his recommendation was based on the
fact that the Agency is in the process of forming this Committee.
It would add weight if the Council's representative is in attendance
and able to speak with authority relative to the City receiving
proper representation.
99
Bakersfield, California, March 6, 1972 - Page 6
Mr. Hoagland explained that at the present time the
Agency is negotiating contracts with the agricultural districts
to participate in the cross valley canal, they are not part of the
improvement district. It has been suggested by the agricultural
districts that they include in the contracts the composition of
this committee and he feels that it would be incumbent on the
representatives from the'City to vigorously protest the inclusion
of any composition of an Advisory Committee which does not meet
with the favor of the improvement district entities.
He has written to the Agency that this Committee should
not be established until after a conference with the various
entities involved.
Vote taken on Councilman Rucker's motion carried
unanimously.
Councilman Heisey then moved that either the City Manager
or the City Attorney serve as an alternate representative on this
Committee. This motion carried unanimously.
Consent Calendar.
The following items were listed on the Consent Calendar.
(a)Allowance of Claims Nos. 2119 to 2800,
inclusive, in amount of $436,681.56.
(c) Application for Encroachment Permit
from Timothy E. Bayly.
Upon a motion by Councilman Medders, Items (a) and (c)
of the Consent Calendar (Item (b) being deleted), were adopted by
the following roll call 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 Dicco,
Inc. for the improvement of New Stine Road between Sundale Avenue
and Ming Avenue and improvement of Ming Avenue between New Stine
Road and Stine Road was accepted, all other bids were rejected,
and the Mayor was authorized to execute the contract.
iO0
Bakersfield, California, March 6, 1972 - Page 7
Deferred Business.
Upon a motion by Councilman Rees, Ordinance No. 1996 New
Series of the Council of the City of Bakersfield amending the
Municipal Code by amending Sections 11.04.752 (Speed Limit on
Panorama Drive) and 11.04.764 (Speed Limit on Columbus Avenue)
was adopted by the following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Ayes:
Noes: None
Absent: None
Adoption of Resolution No. 6-72 of
the City Council of the City of
Bakersfield amending Resolution No.
54-71 relative to 235 and 236 Housing.
It was moved by Councilman Whirremote, that Resolution
No. 6-72 of the City Council of the City of Bakersfield amending
Resolution No. 54-71 relative to 235 and 236 Housing, be adopted.
Mr. Hoagland stated that there was some ambiguity in the
last resolution which requested that public hearings be held to
determine the impact on the community whenever HUD authorizes a
235 or 236 project. This is simply a request of HUD from the
Council asking that HUD hold a hearing in order to determine the
impact prior to the granting of an application. Assuming that a
piece of property is zoned correctly and no modification of any
sort is requested by the applicant, the City would not be holding
a hearing on a 235 or 236 project, that is why the City is requesting
HUD to hold the hearing.
Councilman Medders stated he can't see why the City is
adopting a resolution or entering into it. HUD makes the decision
on a project of this nature and the City doesn't have a thing to
do with it.
Mr. Hoagland remarked that he thinks Mr. Medders has
stated the proposition very aptly.
Councilman Bleecker commented that he feels the adoption
of the revised wording is important even though the City would not
be holding hearings. It would be a request of a Federal Government
Agency by the elected representatives of this City, to hold a
hearing to make absolutely sure that the project is worthwhile and
acceptable to the people of the City of Bakersfield. He believes
the issue is important and he intends to vote for it.
BakersfieId, Cal±fornia, March $, 197~ - Page 8
Councilman Thomas stated that he and Councilman Rucker
were the only two dissenting votes on the original resolution and
he is still opposed to Federal agencies, or any other agency,
slowing down the possibility of a family in the southeast area
having a new home built under a 235 or 236 project. He feels the
resolution is an exercise in futility and should just be forgotten,
as the City cannot do anything about it.
Motion to adopt the Resolution carried by the following
roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Bleecker, Heisey,
Councilmen Rucker, Thomas
Rees, Whittemore
None
Councilman Medders
Approval of Contract with Bakersfield
Swim Club for the Concession Stand in
Jefferson Park.
Upon a motion by Councilman Rees, contract with
the
Bakersfield Swim Club for operation of a concession stand in
Jefferson Park on May 7, July 8, 9, 15 and 20, 1972 was approved,
and the Mayor was authorized to execute same.
Adoption of Resolution No. 7-72 of
the Council of the City of Bakers-
field charging Building Department
with the responsibility of maintain-
ing building plans for life of
building and prescribing fees which
Department is authorized to charge
for such service.
Upon a motion by Councilman Bleecker, Resolution No. 7-72
of the Council of the City of Bakersfield charging the Building
Department with the responsibility of maintaining building plans
for the life of building and prescribing fees which the Department
is authorized to charge for such service, was adopted by the
following vote:
Ayes:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Noes: None
Absent: None
102
Bakersfield, California, March 6, 1972 - Page 9
Adoption of Resolution No. 8-72 of
the Council of the City of Bakers-
field requesting exemption from
requirement of collection of fee to
provide instrumentation for information
useful in improving design of Earth-
quake-Resistant structures.
Upon
of the Council
requirement of
a motion by Councilman Bleecker, Resolution No. 8-72
of the City of Bakersfield requesting exemption from
collection of fee to provide instrumentation for
information useful in improving design of Earthquake-Resistant
structures, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Noes: None
Absent: None
Reception of City Clerk's Certificate
of Sufficienty of Petitions of Nomi-
nation of Candidates for the Office
of Mayor of the City of Bakersfield.
Upon a motion by Councilman Rucker, the City Clerk's
Certificate of Sufficiency of Petitions of Nomination for the
following candidates for the Office of Mayor of the City of Bakers--
field, was received and ordered placed on file:
NAME OFFICE
TERM OF OFFICE
Donald M. Hart Mayor Full Term
James B. French Mayor Full Term
Donna Handy Mayor Full Term
Scott N. Hanson Mayor Full Term
Development of certain park sites
proposed in the City's Five Year
Capital Improvement Program for
Parks referred to the Council's
Auditorium-Recreation Committee for
evaluation and recommendation.
After reviewing the City's Five Year Capital Improvement
Program for parks, representatives from HUD have invited applica-
tions from the City for three projects that they feel could qualify,
for Federal Funds in the amount of 50% of the total cost of con-
struction. These projects are:
Development of the PG&E easement north of
Pacheco and east of South "H" Street.
Total cost $13,000.
2. Development of the park site at White Lane
& Grissom Street. Total cost $138,000.
3. Construction of a swimming pool at Lowell
Park. Total cost $94,000.
Bakersfield, California, March 6, 1972 - Page 10
103
The first two projects have been approved by the Citizens
Auditorium-Recreation Committee; however, the third project is still
being evaluated. It is recommended that the City proceed with the
applications for the first two projects.
Councilman Bleecker commented that since the Council has
not approved any one of these three projects, he feels.it is pre-
mature to go on record requesting Federal grants to pay for 50% of
these projects.
Councilman Rees stated that it has been pointed out that
HUD is not committing itself at this time and the City is not com-
mitting itself at this time to any final action. The City at the
very earliest would be asked to sign a contract in the next fiscal
year. The first two projects are part of the Five Year Capital
Improvement Program which has been developed by the staff and is
known to the Council. He cannot see where the Council is running
any risk whatsoever by placing these projects on HUD's priority
list and retaining the option to act however the Council desires
when the time comes to sign a Federal contract.
Councilman Heisey stated that he feels it would be
appropriate to refer this matter to the Council Auditorium-Recreation
Committee for evaluation and recommendation back to the Council at
a later date. He then moved that this matter be referred to the
Council Auditorium-Recreation Committee for study and recommendation.
Councilman Medders stated that he attended the Citizens
Auditorium-Recreation Committee meeting when this matter was:dis-
cussed, and it was his understanding and the understanding of the
Committee that its recommendation was going to be referred to the
Council Committee for study.
Councilman Whittemore stated he would support the motion
to refer this matter to the Auditorium-Recreation Committee as the
104
Bakersfield, California, March 6, 1972 - Page 11
second project is a very costly development and he does not know
whether the City has the matching funds to accomplish this project.
However,
east
came
the development
done
of South "H" Street
on the Council, and
on it.
of the PG&E easement north of Pacheco and
has been under consideration since he first
he, personally, would like to see something
Councilman Bleecker remarked that when applications for
Federal funds are involved, any recommendation made by a Citizens
Advisory Committee should be routinely referred to a Council Com-
mittee for evaluation prior to being submitted to the Council for
final action.
Roll call vote taken on Councilman Heisey's motion carried
as follows:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Councilman Heisey commented that he has been called upon
on many occasions to make public talks supporting the formation of
the Improvement District for the Supplemental Water Program. Last
Friday, before he made any comments at all regarding the two possible
power plants being established in this area, he called Mr. Tom
Stetson on the telephone and received his permission to discuss the
negotiations with the press.
Hearings.
This is the time set for public hearing before the Council
on application by Danny Reed to amend the zoning boundaries from a
C-1 (Limited Commercial) Zone to a C-2 (Commercial) or more
restrictive, Zone, affecting that certain property commonly known
as 1424-1428 Richland Street and 18 South Chester Avenue.
This hearing has been duly advertised and posted and
notices sent to all property owners as prescribed by Ordinance.
No written protests have been filed in the City Clerk's office.
Bakersfield, California, March 6, 1972 - Page 12
105
The Planning Commission is of the opinion that this zone
change would be compatible with the area and is in conformance
with the Metropolitan Area General Plan. The Commission recommends
approval of C-2 zoning with the "D" (Architectural Design) Overlay
applied to protect the adjacent residential properties and traffic
flow onto Chester Avenue and Richland Street, a freeway exit road.
Mayor Hart declared the meeting open for public partici-
pation. No protests or objections being received and no one
speaking in favor, the public meeting was closed for Council
deliberation and action.
Upon a motion by Councilman Thomas, Ordinance No. 1997
New Series amending Title 17 of the Municipal Code of the City of
Bakersfield by changing the Land Use Zoning of that certain property
in the City of Bakersfield commonly known at 18 South Chester Avenue
and 1424 - 1428 Richland Street, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Noes: None
Absent: None
Councilman Thomas stated that prior to the Council meeting,
he had discussed with Planning Director Sceales the Map of the
Bakersfield Metropolitan General Plan and was informed that this
Map needs updating. He asked the Planning Director and his staff
to bring this Plan up to date, as the present map does not satisfy
the several questions on zoning which occur to him from time to
time.
This is the time set for public hearing before the Council
on application by the Stockdale Development Corporation to amend the
zoning bou~dari~s,'~rom an R~t (Single Family Dwelling) Zone and an
R-3 (Limited Multiple Family Dwelling) Zone to an~R-2 (Limited
Multiple Family Dwelling) or more restrictive, Zone, affecting
that certain .property located south of Ming Avenue and west of New
Stine Road.
106
Bakersfield, California, March 6, 1972 - Page 13
This hearing has
notices sent to all property owners as
No written protests or objections have
Clerk's office.
been duly advertised and posted and
prescribed by Ordinance.
been filed in the City
The'Planning Commission is of the opinion that R-2
zoning of subject parcel would not be in conflict with the general
arrangement of land uses as depicted in the Bakersfield Metropolitan
General Plan. Accordingly, the Commission recommends approval of
the R-2 zoning with the addition of the "D" (Architectural Design)
Overlay to insure a compatible development within this large area
as well as adjacent properties.
The Mayor declared the hearing open for public partici-
pation. No protests or objections were received. Mr. Chuck Tolltee
of the Stockdale Development Corporation, stated that they were
applying for the rezoning to reduce the R-3 density which would
cut down the number of dwelling units in the area.
The Mayor declared the public hearing closed for Council
deliberation and action. Upon a motion by Councilman Thomas,
Ordinance No. 1998 New Series amending Title 17 of the Municipal
Code of the City of Bakersfield by changing the Land Use Zoning
of that certain property in the City of Bakersfield located south
of Ming Avenue and west of New Stine Road, 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 on Resolution of Intention No. 872 declaring the intention
of the Council to order the vacation of frontage road along
Vernon Avenue, City of Bakersfield.
This hearing has been duly posted and no written protests
have been filed in the City Clerk's office. This vacation was
initiated by the Public Works Department and approved by the
Planning Commission.
Bakersfield, California, March 6, 1972 - Page 14
107
The Mayor declared the hearing open for public partici-
pation. No protests or objections being received, upon a motion
by Councilman Heisey, Resolution No. 9-72 ordering the vacation of
frontage road along Mr. Vernon Avenue, City of Bakersfield, was
adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Noes: None
Absent: None
Council, upon
adjourned at 9:16 P.
Adjournment.
There being no further business to come before the
a motion by Councilman Whittemore, the meeting was
MAYO's'Of '~ ~/y O~f Lersfield,
Calif.
ATTEST:
~%~ ~L~R~-~and~-O~zo Clerk of the Council
of the City of Bakersfield~ California
108
Bakersfield, California, March 13, 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., March 13, 1972.
to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend George
Woodgates of the All Saints Episcopal Church.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees,
Present:
Absent:
Rucker, Thomas, Whittemore
None
Minutes of the regular meeting of March 6, 1972 were
approved as presented.
Council Statements.
Councilman Heisey stated that Coach Paul Briggs has been
selected as the "District 8 Coach in the Sport of Football" for
the year 1971-72 by the National High School Athletic Coaches
Association. He listed Coach Britts' outstanding achievements
during his career and stated that he is now being considered for
the award of "National Coach of the Year in Football" for the
entire United States. He then made a motion that the City Council
of the City of Bakersfield go on record as endorsing the selection
of Coach Paul Briggs for the national award.
Mayor Hart stated that he concurred completely with
Councilman Heisey's suggestion and would draft a communication
recommending that Coach Paul Britts be selected for this award.
Vote taken on the motion carried unanimously.
Councilman Heisey stated that he had been contacted by
Mrs. Violet Rhodes of 11 Quincy Street, whose car was sideswiped
by a City bus, a hit and run accident. She has been unable to
make a settlement of her claim with the City and he asked the City
Manager to check into the matter and inform him of the outcome.
Bakersfield, California, March 13, 1972 - Page 2
109
Councilman Whirremote read a communication from the Leo
G. Pauly PTA, which stated that the members of this organization
are extremely concerned with several hazardous conditions near the
school which are dangerous to the safety of the children. The
following is a list of these hazards and their suggestions for
correction:
Two canals, one immediately east of the school
property (paralleling Planz Road), and a larger,
adjacent canal, paralleling Union Avenue, are
open and unfenced. They would like both canals
fenced.
To the west of the school property is another
canal which is fenced, but the ground under-
neath the fence is eroded, especially at the
gate which is on Planz Road. They would like
to have a cement curbing under the fence, to
insure that children cannot get into the canal.
This same canal is not fenced where it opens
on to Chester Avenue, south of Planz Road, and
they would like this fenced.
The following conditions under which the
children must cross the intersection at Chester
Avenue and Planz Road are a matter of great
concern:
a. The speed limit on Chester Avenue is 45 mph.
b. There are no signs or street markings on
Chester Avenue indicating a school crossing.
The traffic light at the intersection of
Chester Avenue and Planz Road does not
allow time for small children to get com-
pletely across the street on one "walk"
light. They would like an increase in the
"walk" light time to at least 1½ minutes,
signs and street markings on Chester Avenue
indicating a school crossing, and a speed
limit of 25 mph.
The area bordering Planz Road between the north-
west boundary of the school property and the
southeast corner of Chester Avenue and Planz
Road does not have a sidewalk. The area is
heavily planted with trees and ivy and often
is wet from watering, therefore, the children
must walk in the street. They request that a
sidewalk be put in on that property.
There is no stop light at the intersection of
Planz Road and Union Avenue. They feel that
a stop light is a must at this intersection.
Councilman Whittemore commented that he is certain the
City will do everything in its power to correct some of these hazards
and asked the City Manager for a report by next Monday's meeting
on what can be done. Mr. Bergen stated that a report will be made,
some of the items might take longer than a week, but they will
start on it immediately.
110
Bakersfield, California, March 13, 1972 - Page 3
Reports.
Councilman Rees, Chairman of the Budget Review and
Finance Committee, reported on a meeting that was held recently
with the staff to discuss two items. The first one is the option
agreement for the purchase of the property and building located at
1301 - 17th Street.
On December 7, 1971, the Council entered into an option
agreement to purchase the American Legion property located on the
southwest corner of "L" and 17th Streets in conjunction with the
proposed development by the Bank of America of the now vacant
property on which the Tejon Hotel was formerly located. The City
paid $300 for the option which expires at 5:00 P.M. on March 14,
1972. The purchase price was $100,000 which must be paid no later
than July 5, 1972.
As the Bank of America development is proceeding satis-
factorily, this committee recommends that the option be exercised
before the deadline and that a special revolving fund be established
for the purpose of financing the purchase of this property on be-
half of the Redevelopment Agency. Also, that the purchase price
of $100,000 and all costs incidental to the purchase of the property
be appropriated to the revolving fund effective July 1, 1972. All
monies expended from the fund are to be repaid by the Redevelopment
Agency after the sale of redevelopment bonds.
The Civic Auditorium operation has a critical need for
additional storage space for equipment that is used to service
many diversified activities. Approximately 60% of this equipment
is now being stored outside of the building, and the remainder of
the equipment must be continually moved from one place to another
to make room for the events. This condition requires additional
man-hours that would not
This committee
the purchase of three of
Building
normally be required.
recommends that $55,000 be offered for
the four parcels of property and Transonto
located adjacent to the Civic Auditorium between "P" and
Bakersfield, California, March 13, 1972 - Page 4
"Q" Streets on the north side of 16th Street. The one parcel
located on the northeast corner of "P" and 16th Streets is not
included. This price is within the appraisal value of the property
and buildings.
If the purchase of this property can be accomplished for
$55,000, this committee recommends that one-half of the amount be
transferred from the Council Contingency Fund and the remainder be
appropriated for payment July l, 1972. The purchase of this property
and buildings will greatly assist in alleviating the storage problem
for equipment at the Civic Auditorium.
Councilman Rees moved adoption of the report. During
discussion, Councilman Medders asked if the American Legion Building
itself had any value. Mr. Hoagland stated the brick might be of
some value, but otherwise the building was not worth anything. He
stated that the property covers roughly about a quarter of a block
and will be used as a parking structure in conjunction with the
United California Bank and the Bank of America to be financed by
tax-increment bonds for repayment by the redevelopment area.
Councilman Medders asked what it would take to put the
building at 16th and "Q" Street in satisfactory shape for storage
of the Civic Auditorium equipment. Mr. Bergen replied that there
would not be any appreciable expense other than to put in a door,
they do not plan on spending any money on the building itself.
Councilman Bleecker asked what the thinking was behind
the Redevelopment Agency owning the building instead of the City.
Mr. Hoagland stated the Redevelopment Agency would handle the
development of the parking structure in conjunction with the con-
struction of the ten story Bank of America Building, but the City
would own it eventually.
After additional discussion, vote taken on Councilman
Rees' motion to adopt the report of the Budget Review and Finance
Committee and authorize the Finance Director to make the necessary
transfer of funds for the purchase of the two buildings, carried.
Councilman Whittemore asked that the record show he
abstained from voting, as being a member of the Board of Trustees
Bakersfield, California, March 13, 1972 - Page 5
of the American Legion might be construed as a conflict of interest.
Upon a motion by Councilman Bleecker, Mayor Hart was
authorized to direct a letter to the American Legion stating that
pursuant to Option Agreement Contract No. 92-71, the City of
Bakersfield hereby exercises its option to purchase that property
described in said Agreement.
Councilman Whittemore asked that the record show he
abstained from voting on this motion for the reason stated pre-
viously.
Councilman Whittemore, Chairman of the Governmental
Efficiency and Personnel Committee, reported that this Committee
has met several times to evaluate the City Fire Department. The
City Police and Miscellaneous employees are under the State Public
Employees' Retirement System (PERS). The Fire Department is
covered by the City's own pension system.
As a result of an actuary study made in October, 1971
to establish what the cost would be t'o change the Fire Department
plan over to the State PERS program, the State has indicated thai
the City could transfer its retirement assets into the State
system, and the State could cover the Fire Department with the
City Police Safety Employees program at a comparable cost to
City.
In order to gather more information concerning the exact
cost to the City, the Governmental Efficiency and Personnel Com-
mittee recommends that the Council adopt a Resolution of Intention
to amend the City's contract with lhe PERS to include Firemen with
the Police under the "one-half pay at 55 years of age" safety plan.
This action will in no way obligate the City at this time to
contract with the State. If the final results of this study are
that the City would benefit by including the Fire Department in
PERS, the Council will be requested to adopt an ordinance to that
effect.
Councilman Whirremote moved that the Report be received
and Resolution No. 11-72 of Intention to approve an Amendment to
Contract between the Board of Administration of the State PERS and
Bakersfield, California, March 13, 1972 - Page 6
the City Council
motion carried by the following vote':
Councilmen Bleecker, Heisey, Medders,
Thomas, Whittemore
Ayes:
Noes: None
Absent: None
Noes:
Absent:
of the City of Bakersfield, be adopted. This
Rees~ Rucker,
Consent Calendar.
The following items were listed on
(a) Allowance of Claims Nos. 2801 to 2864,
inclusive, in amount of $30,071.99.
(b) Plans and Specifications for Sanitary
Sewer Construction in Madison Street
Extension between Planz Road and Watts
Drive.
(c) Plans and Specifications for the Improve-
ment of Wible Road between Ming Avenue
and Wilson Road.
(d) Grant of Easement from E. A. Bender and
Beth Bender.
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, Whirremote
None
None
Action on Bids.
Upon a motion by Councilman Heisey,
the Consent Calendar:
of Budget Review and Finance Committee regarding the financing of
a New Police Building.
Councilman Rees stated that the Council unanimously went
on record a month ago as recognizing the need for a new Police
Department Building. He asked how long it would be necessary to
Deferred Business.
This was the time set for further consideration of reporl
low bid of Griffith
Company for the improvement of Columbus Street between Mt. Vernon
Avenue and Auburn Street and paving Median Islands in Panorama
Drive between Wenatchee Avenue and Crescent Drive, was accepted,
all other bids were rejected, and the Mayor was authorized to
execute the contract.
114
Bakersfield, California, March 13, 1972 - Page 7
emphasize the fact that there is a need for a new Police Building
before the Council gets to the question of how to finance it,
which is before this body tonight.
About two years ago, a fourteen member Citizens Committee
was appointed by the Council to study space needs of the City Hall
and the Police Building. On May 20, 1970, that Citizens Committee
filed its report with the Mayor. After the Council entered into a
contract with an architect last year, the firm of Robert Stuhr and
Associates, the Council Budget Review and Finance Committee under-
took the task of exploring the various methods of financing the
Police Building. In making this study the Committee met personally
with Mr. Charles McPhee of the Firm of Wainwright and Ramsey,
Financial Consultants. Mr. McPhee discussed three alternatives
for financing the new Police Building. They were General Obliga-
tion Bonds, tax-exempt lease financing using a non-profit corpora-
tion, and.a similar method using a joint powers authority. Following
the personal meeting, the Committee asked Mr. McPhee to prepare a
written report evaluating the alternatives of financing the Police
Building. He did this and copies of his report were made available
to all members of the Council.
The Committee then arranged another meeting with Mr.
McPhee, inviting Mr. Ray Dezember, Chairman of the Citizens Committee,
to attend. As a result of discussions with these two men, the
Budget Review and Finance Committee decided to recommend the lease
purchase alternatives, and on February 7, 1972 submitted a report
to the Council requesting that the City's Financial Consultant,
Mr. McPhee, be instructed to proceed with the necessary steps to
explore alternatives for financing the construction of a new Police
Building by means of a lease-purchase program. Since the Police
Building is of such importance that he feels the Council should
receive all the enlightenment it can, he asked Mr. Ray Dezember to
comment to the Council on the findings of the Citizens Committee
relative to the construction of a new Police Building.
Bakersfield, California, March 13, 1972 - Page
Mr. Ray Dezember stated it was a pleasure to attend this
meeting to represent the members of the Citizens Committee who had
all worked very diligently in the pursuit of their assignments to
study the needs for a new Police facility. He is sure that the
Council has agreed that the present 8500 square feet of usuable
space in the building is sorely inadequate for the type facility
needed for the proper execution of the Police Department's duties.
The need for the building is apparent to everyone.
The Finance Committee of the Citizens Committee was
basically faced with the need to satisfy the problem of additional
space and more adequate quarters for the Police facility. In the
beginning of their search, they felt that the only way to go was
General Obligation Bonds, being basically unfamiliar with municipal
financing. However, upon investigation, they found that there had
been some recent lack of success in the passage of General Obliga-
tion Bond issues by citizens in the State of California and else-
where. Therefore, they decided to direct their attention to
additional methods of satisfying this need. The Committee concluded
that the citizens should have their say about capital expenditures
for which they would be obligated to pay, however, they felt the
need was so acute and the success of General Obligation Bonds so
uncertain in the State of California, that present pEoblems of this
solution should be explored further. The Committee felt that the
members o£ the Council and the Council's Finance Committee were
adequately qualified to study all of the problems that are inherent
in this type of a situation. In making an investigation, they came
in contact with Mr. Charles McPhee, who is here tonight to talk in
more detail about .the joint powers authority, or a lease purchase
method o~ financing. The £irm represented by Mr. McPhee is the
pioneer in this type of ~inancing. They are municipal financial
advisors and consultants and have done. work ~or the City of Fresno
and many other communities. This firm did the work for the Fresno
Community and Convention Authority which was the £irst joint powers
Bakersfield, California, March 13, 1972 - Page 9
authority to issue revenue bonds secured by lease payments from
the general fund of the tenant city. The Committee feels that
this is a workable plan, one that is proven, one that has been
used in other parts of the State, and they think that this is the
method the City should employ because this is the method that will
reach the need, and will produce the building so sorely needed by
the City Police Department. He stated that the fourteen members
of the Citizens Committee and the five members of its Finance
Committee~ agreed unanimously that this was the recommendation
that should be made to the Council, and he therefore wishes to
urge the Council to consider the recommendation of the Citizens
Finance Committee and the Council's Budget Review and Finance
Committee, that Mr. McPhee be empowered to proceed with a further
study to present to the Council more up-to-date, accurate informa-
tion. The Council will find that the cost of this type of financing
is no greater than General Obligation Bonds and in some cases a
little more favorably put together. They certainly do not want
to infringe upon the Council's responsibility to make the important:,
critical and very hard decision~ but the primary consideration
should be the need for a PoIice Department building that has been
outdated for approximately 20 years.
Mr. Charles McPhee,
Ramsey, addressed the Council,
the subject very well. He is
Vice-President of Wainwright and
stating that Mr. Dezember has covered
not here to comment particularly on
which way the Council should go to finance this project. The report
submitted to the Council covered General Obligation Bonds, and
referred to alternatives such as the non-profit corporation, joint
powers authority and there was also another option~ whereby the
City's RedeVelopment Agency could act as the financing vehicle
taking the place of the non-profit corporation or the joint powers
authority. The procedures would in all cases be approximately the
same. This will be covered in their subsequent report evaluating
the comparison between these three types of secure finance.
117
Bakersfield, California, March 13, 1972 - Page 10
Councilman Rees asked Mr. McPhee if he had given particular
attention to what would be involved if the City requested the
Redevelopment Agency to act as the financing vehicle. Mr. McPhee
stated the Redevelopment Agency has the power to finance the
facility. The Agency would sell tax increment bonds which would
be secured by lease payments from the City and would act in the
same capacity as a nonprofit corporation or a joint powers authority,
which would be selling its bonds secured by lease payments to be
received from the City for the use of the Police facility. The
bonds would be issued by the Redevelopment Agency.
Councilman Medders stated he appreciated Mr. McPhee and
Mr. Dezember appearing before the Council to explain the methods
of financing the Police Building. However, he cannot agree that
need justifies bypassing.the public to do something, nor does he
think that the Council is necessarily representing the will of the
people in this respect. He feels that they were elected to protect
the citizens' right to exercise their option on anything of importance
that comes before the Council, and if the Council presents its case
well, the General Obligation Bond issue will be passed, and if it
does not pass, it will still be the will of the people who elected
them.
Councilman Rees then moved that the Council direct the
City's Financial Consultant, Mr. McPhee, to proceed with the
necessary steps to explore alternatives for financing the construc--
tion of a new Police Building by means of a lease-purchase program,
the alternatives being.a nonprofit corporation or a joint powers
agreement.
Councilman Bleecker asked Mr. Dezember if his Committee
had given any consideration to the purchase of the Fedway Building
on Chester Avenue for use as a Police Building. Mr. Dezember stated
"none whatever." Councilman Bleecker stated he does not know
whether the.building would be suitable, the square footage is there,
but he would like to suggest that consideration be given to re-
modeling the building to accommodate the Police Department as it
would certainly save the City a considerable sum of money compared
to what the proposed building would cost.
118
Bakersfield, California, March 13~ 1972 - Page 11
Councilman Bleecker went on to say that this Council is
on record as approving the need for a new Police facility, there
is a dire need for a new Police facility. However, he does not
believe that the Council can assume beforehand, particularly in
this community, that a General Obligation Bond election would fail.
The people of this community are responsible and would probably
approve the idea of a new Police Building and would be willing to
pay for it, if they felt that it was put to them in the proper
manner and the money was being well spent, if they were informed
that there is a need. He stated that he cannot support the idea
of bypassing the electorate on this particular issue and he will
vote "no" on Councilman Rees' motion.
Councilman Heisey asked if there was sufficient time to
place this issue on the June ballot. Mr. Hoagland stated that a
more realistic approach would be in November at the General Election
as there are too many preliminaries which must be explored prior
to putting it on the ballot. Councilman Heisey asked what those
preliminaries were and Mr. Hoagland stated that it would be neces-
sary to have financial studies to support the bond issue. In his
opinion it is too short notice to assimilate all the information
to incorporate this important bond issue on the June ballot. He
would like to discuss this matter with special bond counsel and
get an opinion before giving an answer to the Council.
Councilman Heisey stated that he has expressed many
reservations relative to bypassing the electorate and he did the
same thing in the Budget Review and Finance Committee's meetings.
He feels very strongly that the Police Building is needed, but he
also feels that the people would support their Police Building and
would do so if they were given the opportunity to vote on it. He
would still like an answer to his question whether it can be placed[
on the June ballot.
Councilman Whittemore stated that it is apparent that all
the Council members are unanimous in expressing the need for the
Police Building. The people elect the Council to make decisions
Bakersfield, California, March 13, 1972 ' Page 12 119
Ayes:
Noes:
Absent:
for them, the public does not question the decisions made every
year when adopting the budget. The Council also knows that the
construction costs are escalating approximately 1% per monfh and
it will be doing an injustice to the taxpayers of the community
if this matter is delayed any longer. It should have been decided
when the Citizens report was submitted to the Council two years ago
and would have saved the City a considerable amounf of money. The
electorate expects the Council to save them money, the Council knows
that it has to be done, the Police Department cannot function
efficiently in the present building. He is therefore 100% in favor
of the motion.
Councilman Rucker stated that he thinks Councilman
Whittemore has repeated his ideas, he feels that the Council has
been elected to carry out the will of the people to represent them
in matters of this kind. He wholeheartedly agrees with the idea,
that the longer this matter is delayed, the more it will cost the
taxpayers of the City, and he therefore supports the motion.
Councilman Thomas stated he would like to go on record
in support of Councilman Rees' motion. He has had a month to
discuss this with his constituents and he has not received an
opinion either way, the people are not concerned, they are leaving
it up to the Council to make the decision. He therefore will
support the motion.
Roll call vote taken on Councilman Rees' motion carried
as follows:
Councilmen Heisey, Rees, Rucker, Thomas, Whittemore
Councilmen Bleecker, Medders
None
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 11.04.776 (Speed
Limit on Wible Road) of the Municipal
Code of the City of Bakersfield.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Section 11.04.776
(Speed Limit on Wible Road) of the Municipal Code of the City of
Bakersfield.
Bakersfield, California, March 13, 1972
Page 13
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 11.04.775 (Speed
Limit on Oak Street) of the Municipal
Code of the City of Bakersfield.
First reading was considered given to an Ordinance of
the Council of the City of Bakersfield amending Section 11.04.775
(Speed Limit on Oak Street) of the Municipal Code of the City of
Bakersfield.
Adoption of Resolution No. 10-72 of
the Council of the City of Bakers-
field ascertaining and determining
the prevailing rate of wages to be
paid to certain crafts and types of
workmen employed on Public Work in
the City of Bakersfield.
Upon a motion by Councilman Thomas, Resolution No. 10-72
of the Council of the City of Bakersfield ascertaining and deter-
mining the prevailing rate of wages to be paid to certain crafts
and types of workmen employed on Public Work in the City of Bakers.-
field, was adopted by the following vote:
Ayes:
'Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Adoption of Emergency Ordinance No.
1999 New Series of the Council of
the City of Bakersfield adding Sec-
tion 11.17.075 to Chapter 11.17 of~
the Municipal Code providing for
Bicycle Parking Racks in the Parking
Mall.
After discussion, upon a motion by Councilman Thomas,
Emergency Ordinance No. 1999 New Series of the Council of /he City
of Bakersfield adding Section 11.17.075 to Chapter 11.17 of the
Municipal Code providing for Bicycle Parking Racks in the Parking
Mall, with the addition of a clause which would provide that the
Traffic Authority shall have the right to remove such racks whenever
Bakersfield, California, March 13, 1972 - Page 14
it is deemed they are not being given sufficient use, was adopted
by the following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Ayes:
Noes: None
Absent: None
Approval of Map of Tract No. 3413 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. 3413 be and the same is hereby approved; that
all easements and alley,
shown upon said Map and
same is hereby accepted
Hasti Acres Drive and Summer Tree Lane
therein offered for dedication be~ and the
for the purpose or purposes for which the
same is offered for dedication. Pursuant to the provisions of
Section 11587 of the Business and Professions Code, the City Council
hereby waives the requirements
NAME
Robert R. Buckley and
Olive Joy Buckley
Walter Weichelt, Freda Hanning,
Martha Green and Elsie Weichelt
upward
City of Bakersfield
of signatures of the following:
NATURE OF INTEREST
5/8 of Mineral Rights below 500'
surface as recorded May 8, 1963,
in Book 3604, Page 692, O.R.
3/8 of Mineral Rights 500' below
surface by Probate.No. 6813,
recorded April 24, 1951 in Book
1800, Page 425, O.R. and by
Quitclaim recorded May 8, 1963
in Book 3604, Page 690, O.R.
Sewer Line Easement recorded
February 27, 1969 in Book 4248,
Page 739, O.R.
The Clerk of this Council is directed to endorse upon the
face of said Map a copy of this order authenticated by the Seal of
the City Council of the City of Bakersfield and the Mayor is authori-
zed to execute the Contract and Specifications covering the improve-
ments in said Tract No..3413.
Bakersfield, California, March 13~ 1972 - Page
Approval of Plans and Special pro-
visions for the installation and
modification of traffic signals and
street lighting systems at various
locations.
Upon a motion by Councilman Medders, plans and special
provisions for the installation and modification of traffic signals
and street lighting systems were approved at the following inter-
sections:
Ming Avenue @ Freeway 99 Off-Ramp (New
Traffic Signal).
2. Ming Avenue @ South Real Road (New
Traffic Signal).
3. Oak Street @ Palm Street (Traffic
Signal Modi£ication).
4. Oak Street @ Chester Lane (Traffic
Signal Modification).
Encroachment Permit granted Robert
R. Pelton, 1800 Bradley Avenue, sub-
ject to chain link fence being placed
five feet back of curb face.
It was moved by Councilman Thomas, that an Encroachment
Permit be granted to Robert R. Pelton to construct a four foot high
chain link fence along the curb line at 1800 Bradley Avenue subjec~
to the following conditions.
1. Construct approximately 40 feet of sidewalk
along the frontage of this property.
2. Fence be placed at the back edge of the
recommended sidewalk.
The fence should then encroach seven feet into the public:
right of way.
Mr. Pelton asked permission to address the Council,
stating he objected to the requirement that he construct a side-
walk in front of the fence. He has toured the tract in which his
house is located and discovered 121 violations of the City Ordinance,
which completely block the five foot area. He submitted a list of
addresses and substantiated his statements with 50 photographs of
the violations. He stated that he feels the ordinance should be
enforced to inlcude everyone, instead of the City denying him the
same privilege enjoyed by his neighbors.
During discussion on the subject, Councilman Thomas pointed
out that there was considerable traffic on Bradley Street and the
Bakersfield, California, March 13, 1972 -Page 16
sidewalk would offer safe walking for pedestrians. Mayor Hart
stated thai if the ordinance was not being enforced, the matter
should be referred to the Public Works Department to peruse the
pictures and read the report covering the 121 violations of the
ordinance in this area.
Councilman Thomas stated he would honor the Mayor's
suggestion and withdraw his previous motion, and move that the
matter be referred to the Public Works Department for further study.
Mr. Pelton stated that he could not afford to construct
the 40 feet of sidewalk along the front of his property. Council-
man Thomas asked Mr. Pelton if he were granted an Encroachment
Permit subject to the fence being placed five feet back of the
curb, would he maintain the grass outside the fence. Mr. Pelton
stated he wouldn't be in favor of it, but he would accept that
compromise of the matter.
Director of Public Works Jing commented that some of the
violations were possibly constructed prior to the annexing of this
property to the City.
Councilman Bleecker stated that he thinks Mr. Pelton is
right in his remarks, thai the City has no other choice when a
situation is brought formally to its attention that an ordinance
is not being enforced, to take action to correct these violations.
Either the City is going to enforce the ordinance, or it isn't, it
is pretty well cut and dried.
Mr. Pelton stated he assumed that he was not going to be
granted an Encroachment Permit extending to the curb, and in return
for the City not enforcing the existing ordinance and requiring 121
people to tear down their encroachments, he would be willing to go
back five feet from the curb, if he were not required to put in the
sidewalk along the front of the property.
Councilman Whittemore assured Mr. Pelton that he was in
complete sympathy with him, he would certainly oppose lhe condition
that he be required to construct a sidewalk when no one else in the,
neighborhood has one. It would be an absolute impossibility for the
Bakersfield~ California~ March 13, 1972 - Page 17
Council to enforce this ordinance throughout the City, it is some-
thing that the Council will never solve.
Councilman Bleecker stated he could see no reason £or
deterring this matter for another week~ Mr. Pelton has indicated
that he will accept the condition to move the fence five feet back
from the curb, therefore~ he would offer a substitute motion that
the Encroachment Permit be granted, subject only to the fence
encroaching no more than seven feet into the public right of way,
which would require that it be constructed five feet from the curb
face. Councilman Thomas seconded the motion which carried unanimously.
Councilman Heisey commented that he is not satisfied with
the answer he was given on the bond issue election or the financing
of the Police Building. He realized that a vote was taken asking
that a further study be made on the alternate means of financing;
however~ he would like to ask the City Attorney to report to the
Council at the next meeting whether this bond issue can be placed
on the June 6th ballot as he feels the electorate has the right to
vote on the proposition.
He shares the concern Of Mr. Whittemore that costs are
rising every month in the construction trade, there is no question
about it that the longer it is deferred~ the costlier the building
will be, but June isn't very far away, and if it were placed on
this ballot, it would probably be the quickest form of financing
the City could get. In view of this fact, he stated.he wanted to
change his vote to a "no" vote on the motion to instruct the
Financial Consultant to proceed with the necessary steps to explore
alternatives for financing the construction of a new Police Building
until the City Attorney reports on the feasibility of placing this
bond issue on the June ballot, next week. City Attorney Hoagland
stated he would have a report on this
Councilman Rees stated that
Mr. Heisey's change in his vote would
directed the Financial Consultant
ready next week.
as far as he is concerned,
not change the motion which
to study and report his recommendations
Bakersfield, California~ March 13, 1972 - Page 18
back to the Council. Councilman Heisey stated he was not intending
to do that. Councilman Bleecker commented it would be very
interesting to see how this Council votes if it can be put on the
ballot.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Heisey, the meeting was
adjourned at 9:50 P.M.
ATTEST:
~l~L~k and rk o$ the
of the City of Bakersfield, California
Council
Calif.
Bakersfield, California, March 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., March 20, 1972.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Tyree
Toliver of the St. John's Baptist 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 March 13, 1972 were
approved as presented.
Scheduled Public Statements.
Mrs. Kathy Wilson, representing the National Women's
Political Caucus of Kern County, read a communication to the CounciL1
which stated thai appointments to City boards and commissions have
been overwhelmingly and disproportionately weighted in favor of
men. She stated that women who can do things in politics and
government and do them well are available, and requested that
announcement be made through the news media of all future City
board and commission vacancies, and this group will then propose
women for consideration to appointment to these vacancies.
Councilman Rees commented that the letter is appropriate,
well timed, and the Council is obliged to take due notice of it.
Councilman Bleecker suggested that Mrs. Wilson obtain a copy of
the City Roster which sets out the members of the various City
boards and commissions and the expiration dates of their terms.
Ad hoc committees are not listed in this Roster. He stated that
ordinarily the Council reappoints those persons who have served
well and efficiently when their terms expire. He pointed out that
women have been invaluable in rendering assistance to candidates
running for office and in most cases the candidates could not have
been elected without this assistance.
Mayor Hart stated that currently approximately 17 women
have been appointed by himself and members of the Council and were
J ::7
Bakersfield, California, March 20, 1972 - Page 2
presently serving on City boards, committees and commissions, made
up of a membership of approximately 70 persons. Also, in the past
women were appointed to serve in this capacity. He welcomed the
interest taken by this group, stating that the Council is most
desirous of being made aware of people who will give their time to
City committees. Names submitted will be given consideration,
however, the Council will make the final determination on the
candidate best qualified to serve the City, sex will not be involved.
Upon a motion by Councilman Heisey, the communication was
received and placed on file.
Correspondence.
Upon a motion by Councilman Bleecker, communication from
Sam's U-Drive Equipment Rental Service, offering to purchase all
of the City's refuse bins was received and referred to the Govern-
mental Efficiency and Personnel Committee for study and recommenda-
tion.
Upon a motion by Councilman Rees, communication from
Mr. & Mrs. R. L. Glendening, 2425 Truxtun Avenue, requesting that
the issue of the new Police Building be placed on the ballot for
decision by the electorate, was received and ordered placed on
file.
Council Statements.
Councilman Rees commented that fwo weeks ago, representa-.
tires from the Winher's Circle, a group concerned with the drug
problem in this community, appeared before the Council and requested
a Resolution of Moral Support endorsing the group's program and
Anti-Drug Fair which they were planning to hold in Bakersfield later
this month. At that time he stated that he did not feel the Council
should take a position of recommending the program of any special
group. Since then he has investigated this group and is satisfied
that the Winner's Circle serves a very useful purpose in the narcotics
problem area of this community, and he wished to change his personal
position and endorse the Winner's Circle and the Drug Fair.
Bakersfield~ California~ March 20, 1972 - Page 3
Councilman Rucker asked the staff to investigate a
dangerous crossing at the intersection of Brundage Lane and
Kincaid Street and encourage the County of Kern to install a
pedestrain warning sign at this location. He asked thai a report
on the matter be made back to the Council.
Mayor Hart stated thai he has received phone calls~
several letters and has been confronted by interested citizens
regarding the unattractive appearance of the downtown parking
malls, and asked the Director of Public Works and his staff to
make an effort to improve the aesthetic appeal of the barriers
installed in these malls.
Councilman Heisey commented that as he understands it,
these malls were originally instituted on an experimental basis
with the intention of installing a decorative type of barrier
later if the parking mall was a success. The experimental period
is over and it is time these streets were made attractive in a
permanent manner.
Reports.
Mr. T. S. Ashley~ Assistant District Engineer of the
State Division of Highways~ commented that his predecessor, Mr.
L. S. Van Voorhis enjoyed very favorable relations with the Council
and he hopes to continue in that vein.
He stated thai he is present tonight primarily to discuss
on very general terms the status of the route studies being con-
ducted by his department on Route 178 and Route 58 through and west
of Bakersfield. He feels that it should be discussed with the
Council one more time, particularly since they are receiving requests
to appear before other groups in Bakersfield and they do not wish
to speak on anything before these groups which the Council and the
Board of Supervisors had not heard. He attended a Technical Co-
ordinating Committee meeting last week where it was the consensus
of opinion that the Council should be informed and also the Board
of Supervisors, that the State is involved in a new process~ com-
pliance with the National Environmental Policy Act, which is a
Federal law~ and the California Environmental Quality Act~ which
is State law.
Bakersfield, California, March 20, 1972 - Page 4
The application of these laws to the route location
process is something new and the implications of these laws are
just now becoming apparent to the Division of Highways. The main
point he wishes to make is that while the Council took action late
last year by adopting a resolution favoring a certain route on
Route 178, it did not necessarily accelerate the process to route
decision. To be candidly honest, the State Division of Highways
could beas much as two years away from a route decision, which is
something that no one in this area has realized. Preparation of
the Environmental statement is a very involved process, they are
working on it, but a very fast decision will not be made.
During some of the discussions before the Council with
the staff and the Citizens Committees, it was considered that for
purposes of arriving at route determinations, it might be desirable
to break the project into two parts, the part east of 99 separated
from the part west of 99. After digging into it and all the com-
plexities that the Environmental statement entails, the Division
of Highways now feels that there is no advantage in separating
these two portions of the project, in fact they can see much more
advantage in keeping it intact. All of the directives from the
Federal Government lean toward studying and reporting on as long
a project as is feasibly possible, because it is impossible to
separate the environment.
He stated that he wanted to stress that they do not feel
it is going to delay anything, in fact they think that timewise it
will be an advantage to the entire process. A lot of people are
interested in getting a decision so that right-of-way acquisition
and construction can get under way, both of which depend entirely
on the flow of funds through the State Highway fund system. At
this point nothing that is being discussed in terms of making a
route decision or an Environmental Impact Statement and the circu-
lation of that statement, is going to affect the timing of acquisition
of rights-of-way and construction. They are still at the point of
time when the priorities involved with the availability of funds
are in control of that timing.
130
Bakersfield, California, March 20, 1972 - Page 5
Councilman Whittemore asked if this procedure is followed
by the other Highway Districts, is it necessary to delay all the
projects for this purpose. Mr. Ashley replied that they did, as
the process applies to every public works project, particularly,
if it is on a Federal system or if it anticipates using Federal
money, it brings in the National Environmental Policy Act. The
California Environmental Policy Act
combination of the Federal Act.
Councilman Thomas told Mr.
is really a reflection and a
Ashley that the right-of-way
for Highway 58 in the south part of the City is in very bad con-
dition, refuse has been thrown on the lots, weeds are growing and
it presents an unsightly appearance to people living in the neighbor-
hood. He asked if the State could do something to improve this.
Mr. Ashley agreed that it has presented problems, and stated that
this route is not now subject to the requirement to submit an
Environmental Impact Statement because of the status it was in
when the law was passed. He stated he will be happy to take Mr.
Thomas's request under consideration.
Councilman Rucker asked when the funds will be available
for construction of Highway 58. Mr. Ashley stated the best infor-
mation he has, as he recalls it, the next unit from Weedpatch to
Cottonwood Road is now scheduled for advertising just about a year
from now. This is somewhat later than had been anticipated, it is
disappointing, but this is the best the financial capability is
able to bring about, and it will go just as soon as it can.
Councilman Heisey questioned the delay of two years to
prepare the Environmental Impact Statement, and Mr. Ashley stated
that was the very latest it would be done. As soon as the draft
Environmental Impact Statement they are working on right now is
completed, they will start a circulation process, which is the
most important part of the process, the response they get to
circularizing the Environmental draft report and the responses to
those comments that they receive. They must respond to every
comment, and in many cases considerable investigation may be necessary.
After they get the responses and they have been dealt with, the
Bakersfield, California, March 20, 1972 - Page 6
whole package has to go to the California Highway Commission,
following a public hearing which will have been held by that time.
The California Highway Commission will have to consider whether or
not the District office has responded adequately to suggestions
they have received in the circulation process. This can take a
lot of time, it is new to him, but he believes two years is possibly
the worst that could happen, however, they arp hoping it will be a
lot sooner than that.
Councilman Rees asked Mr. Ashley if he feels the investi-
gation a~ready done by the State Highway Department subject to the
hearings that have been held, does not already take into account
the Environmental Impact of Freeways 178 and 58 on the community.
Mr. Ashley replied to a considerable degree, "yes", but they have
not done much quantification of the environmental affects and this
is the big job ahead of them. Measurements of impacts in terms of
noise, air pollution, with or without the freeway. This is anothe:~
very important feature, they have to measure the environmental
impact of not building the freeway.
Councilman Rees referred
the route determination.could be as
to Mr. Ashley's statement that
much as two years away, remarking
that he thought the route had been determined. Mr. Ashley stated
the California Highway Commission is the agency which adopts free-
way routes. This Council recommended a certain route but the
California Highway Commission, after a public
adopt a route if they are so inclined.
Councilman Bleecker told Mr. Ashley
hearing process, must
that the proposed 178
Freeway route which was favorably acted upon by the Council, goes
through his Ward, so he is particularly concerned. He stated it
is the general consensus of the people, particularly those who
reside in his Ward, that the freeway is going to be constructed
just south of 24th Street or in that general area. He would
appreciate it if the press would make it absolutely clear to the
people residing there, many of whom have their homes up for sale
as a result of lhe action taken by the Council thinking that it
was finalized at that time, that this route has not been decided
upon as yet. He stated he had previously discussed the Environmental
Bakersfield, California, March 20, 1972 - Page 7
Impact Act with members of the Division of Highways and the require-
ments which it would be necessary to observe in order to receive
Federal funds to build this freeway. He asked the Council to vote
on the environmental aspect of the route at the time it was adopted
by the Council, but this was not done, however, it is very clear
that these procedures must be followed in order to get the freeway
built. He asked Mr. Ashley if the Council would receive some
indication of their conclusions before the expiration of the two
year period. Mr. Ashley replied that complete communication and
solicitation of input from the local agency will be made.
Councilman Bleecker referred to remarks he had made at a
previous Council meeting on the inclusion of Beach Park in this
project, asking Mr. Ashley if the Federal Government would look
strongly upon the fact that part of, or all of the park, may be
removed in the process of constructing this project. Mr. Ashley
stated that is one of the very important requirements of the
Environmental Impact Statement, that the park be replaced or
treated in some manner that is acceptable to the interests of
parks.
tion of the Council to Mr. Ashley for keeping them informed of
progress being made on Routes 178 and 58.
Director of Public Works Jing referred to the letter
from Mr. Kirkland, President of the Leo G. Pauly PTA, in which
certain requests were made for improvement of hazardous conditions
in the area of the school.
He said that on March 14, 1972 a communication was sent
to Mr. Todd Madigan, owner of the mobilhome tract on South Chester
Avenue, stating'that there is a definite need for the construction
of sidewalks along the south side of Planz Road between South
Chester Avenue and the west line of the school. At a meeting held
with Mr. Madigan, he indicated that he is not in favor of installing
this sidewalk unless he is forced to do so. The Council can declare
that the construction of sidewalks is a public necessity and proceed
under the Improvement Act of 1911. If instructions are received
from the Council, the necessary resolutions will be drafted.
Councilman Whittemore extended his thanks and the apprecia-
the
Bakersfield, California, March 20, 1972 - Page 8
Over a year ago Mr. Madigan indicated that he would not
care to remove the trees and landscaping growing in the. sidewalk
area, but that if.sidewalks were built, he would be in favor of
building them around the trees.
On March 16, Mr. Olsson, Building Director, and Mr. Ed
Schulz of the Engineering Department, contacted Mr. John Chafin
of the Kern County Canal and Water Company, and then met with Mr.
Chafin who agreed to fence the Central Branch of fhe Canal from
Ming Avenue to about 50 feet east of old 99 Highway. The lateral
from its headgate along Planz Road to where it presently goes into
the pipeline would be fenced for about 200 feet south of Chesfer
Avenue and to a point about 200 feet north of White Lane. Bids
have been received for this work and all of the fence will probably
be built within the next month.
Councilman Bleecker asked if there were any canals in
the City which are not fenced and Mr. Jing stated fhat when this
work is completed, he does not believe there will be any unfenced
canals in the City. Most of this area was formerly in the County
until the annexation of Airpark No. 1.
Mr. Jing reported thai in regard to the requesf from the
school to increase the "walk" time for Planz Road pedestrian traffic,
the green time has been increased to a tofal of 32 seconds for the
school children to cross Chester Avenue, and the additional five
seconds lime should alleviate the problem.
In the leffer there was a request for the construction
of signals at South Union Avenue and Planz Road. The County has
plans for the improvemenf of Planz Road and the installafion of a
signal which they want fo do as one project because it involves
the widening of the canal. This will not be possible until December,
when the water is not flowing in the canal.
Councilman Whirremote stated that he had talked to Mr.
Madigan regarding the. installation of a sidewalk at the location
of his property and Mr. Madigan is reluctant to destroy the shrubs
and trees which have been growing in the sidewalk area for several
134
Bakersfield, California, March 20, 1972 - Page 9
years. He asked if a solution of the problem would be to contour
the sidewalk around the shrubs, or in the opinion of the Public
Works Department, what would be lhe most feasible manner to
accomplish this.
Mr. Jing stated that it is not the responsibility of the
City to build sidewalks for the abutting property owner, and
Councilman Whittemore asked how the City could make it retroactive
and compel the property owner to construct the sidewalks. Mr.
Jing replied thai by the Improvement Act of 1911 the Council
declares it a public necessity and the property owner would be
required to build the sidewalk at his expense.
Mr. Bergen stated that the City does not build sidewalks
for abutting property owners, there are several legal methods by
which the Council can require adjacent property owners to build
these sidewalks depending on how much sidewalk exists.
COuncilman Whittemore commented that before any action
is taken on the sidewalk, he would like to meet with the Leo G.
Pauly School to discuss fully with them what
Mr. Bergen stated there wasn't any
tonight, they were just reporting on what is
the City can do.
Council action required
being done. He read
a letter from R. O. Price, Captain of lhe Traffic Division, to
J. M. Towle, Chief of Police, relative to the Police Department's
responsibility on the requests contained in the letter from the
school.
Captain Price stated they have received a copy of the
letter from the Leo G. Pauly PTA listing certain conditions which
concerned them regarding children going to and from the school.
Most of these conditions fall within the jurisdiction of the Public
Works Department; however, certain requests fall within the juris-
diction of the Police Department.
The PTA complains of the speed limit of 45 MPH on Soulh
Chester Avenue approaching the stop light at Planz Road. At t'he
time the traffic signals were installed, the speed limit on that
portion of the roadway was 65 MPH. Through ordinance, after a
survey, the speed limit was reduced to 45 MPH, which was the
minimum recommendation that could be made because of the speed
Bakersfield, California, March 20, 1972 - Page 10
135
being traveled, the width of the street, and the complete lack of
development along either side of South Chester Avenue. A survey
run by means of radar on South Chester Avenue, indicates that 85%
of the vehicles on the street are obeying the speed limit. It also
indicates that the speed limit for that area is definitely not too
high, nor is it apparently too low. There are no outside factors
that this department can see which would cause it to find that the
speed is too fast for the conditions. Four accidents at the inter-
section of Planz Road and South Chester Avenue in 1971 were not
related to spe.ed and only one was the result of vehicles failing
to obey the.signal.
The school indicates that there are no signs or street
markings on Chester Avenue to indicate that this is a school
crossing. Up until 1972 the intersection did not qualify as a
school crossing. In 1972, the Bureau of Public Works changed its
thinking with regard to school crossings and this intersection now
falls within the category of crossing that the department can post
with certain school signs. Part of the Police Department budget
for the ensuing fiscal year is to upgrade signing to meet these
new standards and the permissible school crossing;signs at all
locations that fall within the new standards will be installed in
the very near future.
Councilman Whittemore remarked that in his opinion the
installation of traffic signs at this location is of sufficient
importance to commence it immediately without waiting for funds
from the new budget, and requested that these new signs be ordered
immediately. He stated that a problem exists with the path
meandering through the shrubbery and trees adjacent to Mr. Madigan's
property, when the area is sprinkled, children are forced to walk
through mud and water.
Councilman Thomas commented that probably Mr. Madigan
would agree to improve the path through the shrubbery and to change
the sprinkling hours, without forcing him to construct sidewalks,
and that he would talk to him about it.
Bakersfield, California, March 20, 1972 - Page ll
City Attorney Hoagland reported that last week Mr.
Heisey had asked him to look into t.he possibility of placing the
bond election for the new Police Building on the June ballot. He
stated that the deadline to consolidate the election with the June
6th primary, cannot be met by Thursday night. Also the prime
factor involved is that no estimate of the cost Of building has
been made with any degre:e of accuracy at this time. On other City
bond issues, the bond and financial counsel has furnished a very
detailed, accurate accounting of the cost of issuing bonds.
Several weeks is needed to arrive at this estimate by the bond
counsel~ as in order to sell the bonds, certain formalities must
be conformed with in connection with financial certificates from
bond counsel, and certain other statements regarding the financial
standing of the City.
Councilman Heisey remarked that it is unfortunate it
cannot be placed on the June ballot, it will probably be the middle
of the summer before figures can be obtained on the cost of the
building; however, when they are secured,
another look at the matter at that time.
Councilman Bleecker stated that
the Council should take
it is his understanding
it will be late summer before the architect will be submitting
figures that will be close enough for the Council to determine
the ultimate cost of the building. Last Monday night he asked
Mr. Ray Dezember whether or not the Citizens Advisory Committee
had considered the possibility of purchasing the Fedway Building
on Chester Avenue to be remodeled for a Police facility. Mr.
Dezember replied that it had been given slight consideration.
Councilman Bleecker stated that if the Council and the
taxpayers are interested in s.aving money and creating a facility
for Police use, that would be very serviceable and attractive, he
feels that Merious study of the feasibility of acquiring this
building for a Police facility should be made by a Council com-
mittee. Also, he would suggest that when the figures are submitted
by the architect on the cost of constructing the building, the issue
be placed on the November ballot for consideration of the electorate
at that time.
Bakersfield, California, March 20, 1972 - Page 12
Councilman Whittemore asked Mr. Hoagland if the College
District has an option to buy the Fedway Building. Mayor Hart
stated that they do have an option that they are preparing to
exercise before the first of April. It is contingent on securing
additional parking property which they are discussing at the present
time with the City Manager as to whether adjacent City property will
be made available to them.
Mr. Bergen stated that the college has approached him
with regard to the City's position on the one square block which
it owns in that vicinity. He informed them that the block was
surplus as far as the City is concerned and it is available for
sale. They asked him if the City would be interested in an option
and he told them he felt it would be, that the staff would proceed
with an appraisal, come to the Council
option. The staff at the present time
that the College District will have an
and recommend an appropriate
is securing an appraisal so
idea of the appraised value.
Councilman Whittemore asked what the asking price of the
Fedway Building is and Mayor Hart replied that the figure quoted
to him was $853,000.
Councilman Bleecker commented that his is the first time
it was brought to his attention that the Kern Community College
District had contacted the City staff regarding additional parking
space. If there is a remote possibility that this Council might
prefer to buy the Fedway property for a Police facility, the City's
property in that area must be part of the Council's consideration
of this purchase and no guarantee should be made to any agency thai:
the City is willing to sell this lot for additional parking. In
view of what has been brought out tonight, instead of leaving it
up to the Budget Review and Finance Committee to decide whether or
not they wish to consider this measure~ he would move that the
Governmental Efficiency and Personnel Committee of the Council be
instructed to look into the feasibility of purchasing the Fedway
Building on Chester Avenue as a site for the new Police Building.
138
Bakersfield, California, March 20, 1972 - Page 13
Councilman Whittemore stated
interfering with an option held by the
as the City Manager and staff offering
that the City has no way of
College District. As far
the property for sale to
this entity, several years ago they were authorized to dispose of
any surplus property that the City has on an appraisal basis and
to the highest bidder, and the staff is only pursuing this within
the realm of authority. It will take longer than a couple of
weeks to do this,
He does not think the architect can be expected to go to
the expense of making projections for remodeling this building
until such time as the school district has determined what its
course of action will be. If the school district does not exercise
its option, he will be willing to support Mr. Bleecker's motion to
make a cost analysis of the construction of a Police facility in
this location. Sometimes the cost of remodeling exceeds the cost
of new construction, especially in a Police Building. He has no
particular choice of site or the method of financing the building,
if there is an aliernate which would save the taxpayers money, he
is sure the entire Council will vote for it the same as the full
Council has agreed that there
Councilman Bleecker
that he does not know whether
is a need for the new structure.
reiterated his previous statement
the Fedway Building is even feasible
for a Police facility, but he thinks the City should look into it
an'd that there should be a minute order of the Council instructing
the staff not to offer the property for sale as a parking lot until
the Council has decided whether or not it wants to seriously con-
sider the Fedway Building for a new Police site. He stated that
he would add to his previous motion that the City of Bakersfield
be precluded from giving any estimates of the value of the property
or any indication that the property is for sale, until this Council
decides whether or not it might need it for parking facilities if
the decision is made to locate the Police Building on that site.
Bakersfield~ California, March 20~ 1972 - Page 14
139
Councilman Rees questioned moving consideration of this
issue from the Budget Review and Finance Committee to the Govern-
mental Efficiency and Personnel Committee, he doesn't have anything
personal at stake, as he is a member of both committees. The
Architect, Robert Stuhr and Associates, has been employed by contract
to make somewhat advanced studies on what a good Police Building
should.be, he has visited other Police facilities with the end view
of constructing as nearly an ideal facility in Bakersfield as can
be built at this time. The present Police Building, which is in-
adequate, is the result of shoving a specialized facility into an
existing shell because the shell was available, and is now regarded
by experts as having been a mistake.
Mr. Bergen pointed out that an Architect has been retained
to do a preliminary estimate and study of the design and require-
ments of the Police Building. The contract doesn't confine the
building to any particular site, and if the option for the Fedway
Building lapses and the building is available, he would think it
would be part of the Architect's report to include the feasibility
of rehabilitating this building.
Councilman Bleecker commented that Councilman Rees has
questioned his motion to refer the issue to the Governmeatal
Efficiency and Personnel Committee. He did that because he is on
the Committee and he would like to have something to say about how
the considerations go. He then restated kis motion, that the
Governmental Efficiency and Personnel Committee of the Council con--
sider the purchase of the Fedway Building on Chester Avenue as a
possible site for a new Police Building and that no further nego-
tiations of any kind be carried on with the Kern Community Junior
College District as to the availability of the adjacent City property
as a parking lot for their use.
Councilman Heisey stated that the Council could very well
get into the position where .it, would spend more money remodeling
the old Fedway Building for a Police facility than a brand new
building would cost. Unless the location is particularly desirable,
it is better to forget it. They would certainly hate to duplicate
the same mistake made before, as the Council has been told many
140
Bakersfield, California, March 20, 1972 - P~ge 15
times that a great deal more money was spent on rehabil.itating the
old parochial school into the present Police Building than it would
have cost to build a new structure. It will do no harm'to have the
Architect check into it, as he and the staff will be the ones to do
the investigating, make the evaluation, and report back to any
Council committee. He does not think it will have any particular
bearing on the school district regarding the exercise of its option
on the Fedway property, whether or not the City offers them its
property for a parking lot, as he.£eels sure they are smart enough
to realize that if they buy the Fedway property, the block is of
no value to the City of Bakersfield.
Councilman Rees stated he is not only a part of the City
of Bakersfield, he is part of the Community College District, and
he is concerned with its interests, also. I~ this particular trans-
action is of benefit to the college, he is not opposed to it. He
is opposed for very obvious reasons, to having the Police Depart-
ment located several blocks from the City Hall, even being located
across the street is sometimes an inconvenience. He does not think
that Councilman Bleecker should expect to have every issue which
comes before the Council transferred to a committee of which he is
a member. By tradition, matters of this sort have been considered
by the Budget Review and Finance Committee; by tradition, certain
other matters have been considered by the Governmental Efficiency
and Personnel Committee. Also, he does not think that the Architect
should be expected to abandon his preliminary studies and plans and
go back and draw up plans to remodel a department store into a
Police Building.
Councilman Bleecker stated that he referred this matter
to the Governmental Efficiency and Personnel Committee because he
thinks he can serve well on it, it is not his intention or the
intention el the Council to hoodwink anyone. He does know that
Architects want to build an outstanding edifice, and if that will
cost more money than the Council can afford, the Council should be
aware of it. All he has done is to ask that the Council consider
141
Bakersfield~ California, March 20, 1972 -Page 16
a certain piece of property as a possible site for a new Police
facility and that the City be precluded from any further discussions
with the Junior College District in offering them a piece of property
which might enable them to exercise their option on the Fedway
Building before this Council decides what course it wishes to take
on whether or not it is a proper building for the Police facility,
and he would so move.
Councilman Whittemore stated that Councilman Heisey had
analyzed the situation as far as the value of the City's adjacent
property is concerned, the same way that he would have done it. He
offered an amendment to Mr. Bleecker's motion that instead of this
matter being referred to the Governmental Efficiency and Personnel
Committee, that it be referred back to the Budget Review and Finance
Committee from whence the original report was made. Councilman
Bleecker stated he would amend his motion to that effect.
Vote taken on Councilman Bleecker's motion as amended,
carried as follows:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Consen:t CAlendar.
Upon a motion by Councilman Medders, Claims Nos. 2865 to
3010, inclusive, in amount of $84,187,17 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 Whittemore,
low bid of Paul
F. Foth for paving and improving Wilson Road from Stine Road to
1470 feet westerly, was accepted, all other bids:were rejected,
the Mayor was authorized to execute the contract.
and
Bakersfield, California, March 20, 1972 -Page 17
Deferred Business.
Upon a motion by Councilman Medders, Ordinance No. 2000
New Series of the Council of the City of Bakersfield amending
Section 1t.04.776~ (Speed Limit on Wible Road) of the Municipal
Code of the City of Bakersfield, was adopted by the following vote:
Ayes:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker~
Thomas, Whittemore
Noes: None
Absent: None
Upon a motion by Councilman Medders, Ordinance No. 2001
New Series of the Council of the City of Bakersfield amending
Section 11.04.775 (Speed Limit on Oak Street) of the Municipal
Code of the City of Bakersfield, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Adoption of Resolution No. 12-72 calling
the Nominating Municipal Election for
the Office of Mayor and setting the hours
for the opening and closing of Polls for
said Election to be held in the City of
Bakersfield on the 6th day of June, 1972.
Upon a motion by Councilman Rucker, Resolution No. 12-72
calling the Nominating Municipal Election for the Office of Mayor
and setting the hours for the opening and closing of Polls for said
Election to be held in the City of Bakersfield on the 6th day of
June, 1972, was adopted by the following vote:
Ayes:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Adoption of. Resolution No. 13-72 pro-
viding for the Consolidation of a
Nominating Municipal Election for the·
Office of Mayor with the State of
California DirectPrimary'Election and.
Presidential Primary Election to be
held on June 6; 1972 and requesting
the Board of Supervisors of the County
of Kern to order the Consolidation of
said Elections.
Upon a motion by Councilman Rucker, Resolution No. 13-72
providing for the Consolidation of a Nominating Municipal Election
Bakersfield, California, March 20, 1972 - Page 18
for the Office of Mayor with the State of California Direct Primary
Election and Presidential Primary Election to be held on June 6,
1972, and requesting the Board of Supervisors of the County of Kern
to order the Consolidation of said Elections, was adopted by the
following vote:
Ayes:
Noes:
Absent:
Councilmen Bleecker, Heisey, Medders,
Thomas, Whittemore
None
None
Rees, Rucker,
Action deferred for one week on plans
and specifications for construction of
California Avenue Park Neighborhood
Facility.
The Architect's estimate for the construction of the
The Architect has been working on the plans for this
project for well over a year, and meetings were held with the
various using agencies, a Citizens Committee, as well as the
Auditorium-Recreation Committee. At various times reports have
been made to the Council as a whole. The Architect has completed
specifications and the working drawings and on February l, 1972,
submitted them to HUD for approval. When approval is received from
would assist the City in the financing of
above. On December 14, 1971, the Council
was submitted to HUD for the construction
this project as outlined
executed a contract which
of this facility.
California Avenue Park Neighborhood Facility is $483,000, which
is to be funded as follows:
City $ 40,000
County $120,000
Federal $323,000
Councilman Rucker asked the City Manager.to bring the
Council up to date on the progress made relative to .the constructten
of this Facility and stated that after the explanation, he would
move to approve the plans and specifications for the construction
of this facility.
Mr. Bergen stated that on October 14, 1971, the City
received a contract from HUD for the construction of this facility
with certain funds to be paid from the local area. Discussions and
negotiations were carried on'with the County of Kern which culminated
in a Joint Exercise of Powers Agreement with the County whereby it
144
Bakersfield, California, March 20, 1972 - Page 19
HUD, the Council will be asked for authorization to advertise for
bids. HUD indicated that approval would be forthcoming in about
30 days. To date the approval has not been received.
Councilman Heisey asked if these plans had been received
by the Auditorium-Recreation Committee, the Citizens Committee, the
Building Director, the Auditorium-Recreation Manager and the City
Manager. Mr. Bergen stated that the plans showing the layout of
the building have been worked out in cooperation with everyone
Councilman Heisey mentioned. The Architect takes the responsibility
for the details of the plans and specifications, and Mr. Olsson of
the Building Department has reviewed the plans.
Councilman Bleecker stated that he hasn't seen these
plans and working drawings which the Council is being asked to
approve. He asked if the Council could be furnished with copies
of the plans and specifications and Mr. Bergen stated they could
put together a copy of the floor plan which would give the Council
a detailed layout of the room arrangements.
Councilman Rees stated he has confidence in the Committees
and staff, and the Architect selected' by the Council. He does not
believe he would be able to understand the technical plans if he
saw them.
Councilman Rucker stated that he had no objection to
holding this matter off for a week, and made a motfon that approval
of the plans be deferred for one week. Mr. Bergen stated that a
copy of the layout of the building will be included in the Council's
packet next week. The Architect will be present and any questions
can be directed to him.
Vote taken on Councilman Rucker's motion carried unanimously.
Approval of Map of Tract 3598-A 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. 3598 (Unit "A") be and the same is hereby
Bakersfield, California, March 20, 1972 - Page 20
approved: that the courts, avenue, circle and easements 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 Bakers-~
field hereby waives the requirement of signatures of the following:
NAME
Tenneco West, Inc. (formerly
Kern County Land Company)
The Clerk of this
the face of said Map a copy
NATURE OF INTEREST
Mineral rights below a depth of
500 feet with no right of surfaee
entry
Council is directed to endorse upon
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 covering
improvements therein.
Hearings.
This is the time set for public hearing before the
Council on the matter of the adoption of the Housing Element of
the Bakersfield Area General Plan.
This hearing has been duly advertised by the City Clerk's~
office.
The Housing Element of the General Plan, consisting of
standards and plans for the improvement of housing and for provisions
of adequate sites for housing'needs of all economic segments of the
community, has been approved by the City Planning Commission, after
due notice and public hearing as required by law.
Mayor Hart declared the hearing open for public partici-
pation. No prores,rs or objections being received and no one
speaking in favor, the public hearing was closed for Council deli-
beration and action.
After discussion, upon a motion by Councilman Thomas,
adoption of the Housing Element of the Bakersfield Area General
Plan was deferred for two weeks for further perusal by the Council.
This motion carried unanimously.
146
Bakersfield, California, March 20, 1972 - Page 21
This is the time set for public hearing before the
Council on Phase I and II of the 1971 Weed Abatement Program.
Director of Public Works Jing reviewed the procedure followed,
reporting that the 1971 Weed Abatement Program Phase I, commenced
with the posting of 517 vacant lots and eventually a total of 65
parcels were cleaned by the contractor, Specialized Spray Service.
The total assessment for work done, including incidental costs,
under the Weed Abatement Program, Phase I, was $4,515.
Phase II of the 1971 Weed Abatement Program commenced
with the posting of 190 vacant lots and eventually a total of 38
parcels were cleaned by the contractor, Specialized Spray Service.
The total assessment for work done, including incidental costs,
under the 1971 Weed Abatement Program Phase II, was $3.605.
Mayor Hart declared the meeting open for public partici-
pation. Mr. George D. Zimmer read a prepared statement into the
record regarding the abatement of the weeds on Blocks 3, 4 and 5,
Block.13, Mayflower Addition, stating that under the penalty of
perjury his statement is true.
He traveled from his ourrent residence in Long Beach,
California, to Bakersfield for the specified purpose'of cleaning
his vacant property in order to comply with the City Weed Abatement
Ordinance. He is being assessed $115.00 for having the City clean
up Lots 3, 4 and 5,and he protests this action, as he personally
worked in this area with a rake and hoe and knows for a fact the
condition Of the property when he finished cleaning it.
He read statements from Mrs. Marie Hall, who resides at
27 South Owens Street, and Mr. and Mrs; Homer B. Smith, who reside
at 100 South Owens Street, and are geographically located in such
a manner as to witness Mr. Zimmer's clean up of his vacant property.
Other persons who protested the assessment as being
excessive and unwarranted as they had cleaned their vacant lots
Bakersfield, California, March 20~ 1972 - Page 22
147
themselves~ were the following property owners:
PARCEL NO. NAME AND ADDRESS
018-170-19 Ollie Hallum $75.00
3815 Phaffle Drive
(son)
Florence L. Whitley 65.00
120 Kincaid Street
Mary Diaz 45.00
? Lake Street
019-190-03
019-153-05
019-141-07
ASSESSMENT
Imogene P. Hunt
1133 East 18th St.
(Mrs. Estorba)
55.00
018-250-20 Mrs. James Gregory 95.00
33 "T" Street
No one speaking
in approval of the proceedings, the
Mayor closed the public hearing for Council deliberation and
action.
Councilman Whirremote asked Mr. Jing if pictures are
being taken of these lots before and after they are cleaned. Mr.
Jing stated that the contractor does photograph the lots just prior
to doing the work, however, they were not taken with a Polaroid
Camera so some of the pictures are not too clear. Councilman
Whittemore asked how closely the lots are inspected by his depart-
ment before the contract is accepted. Mr. Jing replied they go
out with the contractor and inspect each lot individually prior
to receiving his bid. The contractor is given a map of the non-
compliances, and he takes pictures of the lot prior to starting
the work and he records on the map when he has completed the work.
Councilman Whirremote stated he thought it had been decided that
pictures should be taken of these lots before the contract was
awarded.
Councilman Rucker stated that the majority of these
protests have been made by people owning property in the Mayflower
area. He doesn't know who posted the property but some of it that
he had inspected, personally, only had a few short weeds growing
on it, the contractor disced these few weeds and charged the
property owner, which he felt was very unfair. He stated he thinks
the contractor has taken advantage of the poor property owner by
Bakersfield, California, March 20, 1972 - Page 23
cutting weeds on property which were not high enough and should
not have been included in the Weed Abatement Program. It is
apparent from the pictures that some of these people have endeavored
to cut the weeds themselves. He stated that he thinks Mr. Jing,
himself, should go out and make inspection of these areas, as the
person previously delegated to make this inspection could possibly
have discriminated somewhat against the residents of the Mayflower
area. He feels that the system should be changed and periodically
the Director of Public Works should follow behind the inspector and
see himself how factually his records are.
Public Works Director Jing commented that there was no
intention by his department to discriminate against any certain
area. The lots are inspected by his employees, they are not left
to the discretion of the contractor, and a great deal of care is
exercised before they are posted for bid. He would propose that
before a contract is awarded, each individual Councilman check the
lots in his Ward and see them first hand so that he would have an
idea of the problem faced by the Public Works Department.
Councilman Thomas stated he had examined these pictures,
and some of them look very bad, and he doesn't see where the
property owners could complain regarding the removal of the weeds.
Councilman Bleecker stated that he is thoroughly in
agreement with the ordinance, that if people own property, they
should keep it clean, as the City of Bakersfield cannot be responsible
for cleaning weeds from private property.
Councilman Thomas stated that according to his figures,
the assessments which were protested amounted to $440.00, and if
there is a question regarding the validity of the photQgraphs and
whether or not they indicate that the lots were cleaned by the
contractor, he would think that this time the City should either
cut the assessment in half, or exclude it from the list entirely.
In the future these lots can be scanned carefully by the staff and
perhaps the Councilman of the Ward himself, to be sure that the
work has been accomplished as alleged by the contractor.
Bakersfield, California, March 20, 1972 - Page 24
_I49
'Councilman Heisey remarked that the Weed Abatement
Program has been given considerable publicity for several years,
the property owners have been given ample opportunity to remove
the weeds from their lots, and there is no question in his mind
of the validity of the photographs. If the Public Works Department
said the pictures were taken in the morning before the lots were
cleaned, he is satisfied that this was done. He then m~ved to
confirm the assessment list and instruct the City Clerk to file
it with the County Assessor.
Councilman Rucker stated that he was not satisfied that
the lots had been inspected sufficiently to determine whether or
not the property owners had removed their own weeds. He asked
again that the Public Works Director follow along behind the
inspector periodically, and make an inspection himself in order
to be sure that his employees were following out their orders.
Councilman Heisey suggested that in the next Weed Abate-
ment Program, a picture be taken before the weeds were cut and one
after they were cut, it isn't too expensive and would be of great
assistance to both the Public Works Department and the Council
when the time comes to confirm next year's assessment list.
Councilman Bleecker asked Mr. Jing if the staff and the
contractor in each and every case after notices were sent out and
a number of people were eliminated from the list, looked at every
one of those lots and a picture was taken of the lot. Mr. Jing
stated the contractor looked at each lot and quoted a price for
cleaning. He is given a set of maps showing where he is to remove
the weeds and before he starts the work, he takes a photograph of
the lot. If the property owner cleans a lot before the contractor
arrives, he is not charged for the work, even if it is the same
day.
Vote taken on Councilman
by the following vote:
Ayes: Councilman Heisey
Noes: CQuncilmen Bleecker,
Absent: None
Heisey's motion failed to carry
Medders, Rees, Rucker, Thomas,
Whirremote
150
Bakersfield, California, March 20, 1972 - Page 25
Mayor Hart stated that the failure of this motion places
the Council in the hands of Mr. Bergen and Mr. Jing to determine
some action to follow which will satisfy everyone that the contractor
did clean these lots. The present system is evidently wrong, as
obviously the Council is not satisfied that the work was done in
proper sequence.
Mr. Bergen stated that about 10 years ago the City began
enforcement of the Weed Abatement Ordinance. This was done as a
result of complaints from Councilmen, citizens, and adverse publicity
of the news media. The City of Bakersfield's program gives more
notice to the property owner than most programs in other cities.
In fact, during the notice period, the City receives complaints
and criticism that its program is too lax. The Department of
Public Works has done everything that it possibly can to make sure
that the property owners have received notices. Registered letters
are sent with requests for return receipts. The contractor takes
pictures before he cleans the lot and if a lot has been cleaned
before he starts work, no work is done, and no charge is made. If
the City is going to have a Weed Abatement Program, it is going to
have to assess people that will not comply with the notices.
Councilman Thomas commented that for the record he is all
for the Weed Abatement Program. Councilman Bleecker stated he
thinks the Weed Abatement Program is a good one, but if there is a
time lapse of two to two and a half months between the time the
final notice is given and the time the contractor gets around to
cleaning the lot, it is entirely possible that a citizen could have
cleaned his lot after the staff inspected it, and those weeds could[
have grown back in a period of 30 to 60 days and need cleaning after
the contractor gets there. He thinks the Council should get together
with the staff or the Governmental Efficiency and Personnel Committee
and instruct the staff how they want this program handled.
Mr. Jing stated that Public Works has posted over 700
lots, of that number only 95 did not comply, and only six persons
have complained here tonight. He asked what happens to the people
who have complied.
Bakersfield~ California, March 20, 1972 - Page 26
Mayor Hart stated these picfures were purportedly taken
the morning th~ contractor prepared to clean the lots. Mr. Bleecker's
point is well taken that there could have been an effort made on
the part of the owner to clean his lot and due to climatic changes
during a two or three month period, the weeds could have grown
back to a degree where the lot would warrant another cleaning. The
Council is not trying to determine the laek of integrity. It is
trying to determine what actually happened. There are people here
tonight with sworn testimony that their particular lots were cleaned.
I am trying to say to you that these people here have stated they
cleaned their lots and the point brought up by Mr. Bleecker is a
valid one.
Councilman Bleecker asked why the contractor was given
this long period of time to clean the lots, if he were required
to clean them within a week or ten days after bidding~ there would
be no question about the weeds growing back in the interim period.
Councilman Heisey stated he would certainly support the
staff, he thinks Mr. Jing has done an outstanding job in connection
with this Weed Abatement Program, it is a very difficult thing at
best~ and he feels that the program has been carried out as the
Council requested that it be done. He stated he would like to
hear what the contractor~ Mr. Lloyd of Specialized Spray Service~
has to offer on the matter.
Mr. Robert Lloyd stated he was the contractor who abated
the weeds, that he took the pictures which the Council had examined.
He stated that basically the weeds could not have grown back as
there was not enough rainfall for that purpose. He confirmed Mr.
Jing's statements on the method of carrying out the Weed Abatement
Program, s~ating that 95% of the pictures were. taken the day of
cleaning, and the other 5% the day prior to the cleaning. Each
date of cleaning is recorded on the map of-non-compliances.
Bakersfield, California, March 20, 1972
Page 27
Councilman Whittemore stated he was not questioning Mr.
Jing's integrity, but the thing which disturbed him is that there
is a possibility that these people have cleaned their lot and the
weeds have had a chance to grow back; therefore, he does not think
they should be assessed for cleaning. It is a real tough problem
to find a procedure which is fair to everyone, this is what the
Council is trying to do, find something that is equitable to both
the property owner and the contractor. Somewhere along the line
the time period will need to be improved and something is going to
have to be worked out to improve the method of handling this program.
Councilman Bleecker stated he would suggest that the
Council instruct the Department of Public Works to set a definite
cut-off date and to notify the property owners that after that
date they will be assessed for weed removal and whether they have
cleaned their lot or not, the contractor will be paid. If the
Council sticks to this policy, people will remove their weeds by
the cut-off date. He then moved that this amendments be made to
the Weed Abatement Ordinance and that the City Attorney be instruc~ed
to prepare an amendment incorporating the proper phraseology.
Councilman Rees asked the City Attorney what position
the Council finds itself in at this time. City Attorney Hoagland
stated that he gathered from the intent of the Council that they
wish to confirm the assessment list with the exception of the six
parcels whose owners have registered protests here this evening.
Mayor Hart suggested to Councilman Bleecker that he
withdraw his motion until action.had been taken on the suggestion
of the City Attorney. Councilman Bleecker withdrew his motion.
Councilman Rees stated he did not want to undermine the
Weed Abatement Ordinance or question the integrity of the staff.
Apparently, something is amiss when six people all from the same
part of town protest the assessment and state they clea~ed their
Bakersfield, California, March 20~ 1972'- .Page 28
own lots. He would therefore move, with some reluctance, that
these six property owners be excluded from the assessment list,
that the assessment list be approved with the exception of these
six persons, and the City Clerk instructed to file this list with
the County Assessor. This motion carried with COuncilman Medders
voting in the negative.
This is the time set for public hearing on application
by Greater Bakersfield Memorial. Hospital Association to amend the
zoning boundaries from~an R-1 (Single Family Dwelling) Zone to an
R-1-Hosp. (Single Family Dwelling - Hospital) or more restrictive,
Zone, of that certain property known as 420-34th Street.
The hearing has been duly advertised and posted and
notices sent to all property owners as prescribed by Ordinance.
No protests or objections were filed in the City Clerk's office.
The hospital proposes additional improvements and does
not wish to be burdened by applying for ~ Conditional Use Permit
each time an improvement is contemplated. With the Hospital Zone
Overlay the only requirement would be the submittal of the plans
to the Planning Commission
recommends approval of this
Parcel.
for approval. The Planning Commission
zone change to R-1-Hosp. for said
pation.
speaking in favor of the zone change,
for Council deliberation and action.
Heisey, Ordinance No. 2002 New Series
Mayor Hart declared the hearing open for public partici-
No protests or' objections being received, and no one
the public hearing was closed
Upon a motion by Councilman
amending Title 17 of the
Municipal Code to change the Land Use Zoning of that certain property
known as 420-34th Street was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Medders,Rees, Rucker,
Thomas, Whittemore
None
Noes:
Absent:
None
This is the time set for public hearing on application
by Charles Lum to amend the zoning boundaries from an R-1 (Single
Family Dwelling) Zone to a C-2 (Commercial) or more restrictive,
154
Bakersfield, California,. March 20, 1972 - Page 29
Zone, of that certain property commonly known as 4100 White Lane.
This hearing has been duly advertised and posted and
notices sent to all property owners as prescribed by Ordinance~
No protests or objections were filed in the City Clerk's office.
Property north of White Lane in this vicinity is shown
as low density residential on the Bakersfield Metropolitan General
Plan; on the south side of White Lane the properly is shown as
industrial on the General Plan. The surrounding property is
presenfly developed with agricultural uses.
The Planning Commission is of the opinion that C-1 (Limited
Commercial) Zoning would be adequate for the proposed neighborhood
commercial uses, and would recommend approval of the C-1 zoning
for said parcel with the application of the "D" Overlay to protect
the traffic flow onto White Lane and Akers Road and also to protect
the future surrounding residential neighborhood.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received and no one
speaking in favor of the rezoning, upon a motion by Councilman
Whittemore, Ordinance No. 2003 New Series amending Title 17 of the
Municipal Code by changing the Land Use Zoning of that certain
property commonly known as 4100 White Lane, was adopted by the
following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
There being no
Adjournment.
further business to come before the
Council, upon a motion by Councilman Whittemore,
adjourned at 11:15 P.M.
the meeting was
MAYOR of the City of Bakersfield, Calif.
ATTEST
of the City of Bakersfield, California
Bakersfield, California, March 27, 1972
155
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., March 27, 1972.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Clyde
Skidmore of the First Southern Baptist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Medders, Rees,
Absent: None
Rucker, Thomas, Whittemore
Minutes of the regular meeting of March 20, 1972 were
approved as presented.
Presentation of Certificate to Michael
P. Hopkins, Waste Water Superintendent.
Mayor Hart presented Michael P. Hopkins, Waste Water
Superintendent, with a Grade 1-A Operator's Certificate from
California Water Pollution Control Association, and congratulated
him on the background and training which qualified him for this
Certificate.
Scheduled Public Statements.
Mr. Fred Delano of Porterville, California, addressed
the Council, stating that he is the Chairman of the Board of
Directors of the Citizens Against The Atomic Planf proposed to be
built about two miles east of Strathmore, California, by the Deparf-
ment of Water and Power of the City of Los Angeles. He stated thaf
over 30 organizations, as well as the Supervisors of the nine
counties in the San Joaquin Valley Supervisors Association, have
gone on record in opposition to the development. He spoke of the
potential dangers of the nuclear plant to the area environment and
economic structure, that there is not a drop of water to spare or
trade in Tulare County, whether it be from Success Lake or the
Friant-Kern Canal, that this industry would not be paying taxes
on the same basis as other property owners, thereby placing addi-
tional taxes on people already overburdened with taxes.
Bakersfield, California, March 27, 1972 - Page 2
He stated that Kern County will be greatly affected if
the amount of land which will be condemned through eminent domain
for right of way for the plant is considered. He asked for a
united front against Los Angeles County infringement in this area,
and solicited Council support to oppose the nuclear development.
He submitted the Resolution adopted by the San Joaquin Valley
Supervisors' Association to the Council for its information.
Councilman Heisey commented that he finds it difficult
to understand Mr. Delano's evaluation of this project before the
studies are completed and the facts are released, however, it is
easy to become alarmed about rumors. Perhaps power plants have
certain shortcomings, but he prefers to wait until all the facts
are in his possession before he comes to any conclusion or makes
any decision on the matter. He moved that the Resolution of the
San Joaquin Valley Supervisors' Association be received and referred
to the City Attorney for study and evaluation, and to determine
what action should be taken by the Council, if it does become
involved. Vote taken on the motion carried unanimously.
Mr. Bob Jennings, Administrative Assistant to Congressman
Bob Mathias, stated that he had been requested by the Congressman
to appear before the Council and formally present the results of
the GAO investigation of the Kern County Economic Opportunity
Corporation. Last year the Council adopted a resolution asking
Congressman Mathias to request an investigation by the General
Accounting Office, the investigative arm of Congress. The Board
of Supervisors passed a similar resolution. The investigation
began in June, 1971 and was completed in December, 1971. The
report was received March 21, 1972 and Congressman Mathias had
written a letter to Mayor Hart outlining the findings of the study
in brief form. Mr. Jennings then presented the report to the
Council.
Councilman Heisey stated that as there was only one copy
of the report available, he would ask the City Manager to have
sufficient copies duplicated for each member of the Council. He
Bakersfield, California, March 27, 1972 - Page 3
157
has seen the report
and has so commented at the
are carried out as outlined,
more efficient organization.
and personally believes it is an excellent one
press conference. If the recommendations
he is sure the KCEOC will be a much
They have not only eliminated the
subversive signs and pictures which prompted the investigation,
but they have an entire new management team which appears to be
dedicated to carrying out the objectives of OEO as they have been
outlined in the past.
Mrs. Jill Haddad, Chairman of the Citizens Committee for
reinstatement of Don Lake, Ex-City Fireman who was tried on a petty
theft charge by the Municipal Court and found not guilty by a jury,
and was subsequently tried before the Fire Department Civil Service
Board, found guilty of violation of Article 17, Section 7 and
Section 74 of the Rules and Regulations of
and was discharged from the service of the
of his suspension from the Fire Department.
the Fire Department,
City effective the date
She stated that she
was appearing before the Council requesting a check of the incon-
sistency of the Fire Department Civil Service Board and the archate
laws of the City Charter. She also asked to be advised which Boards
of Appeal she should appear before to have action taken against
all other moonlighting offenders, and to question the conduct and
statements made by the City Attorney at the hearings before the
Trial Board.
Councilman Bleecker commented that the City Council is
the proper body to bring any charges against the City Attorney.
Mr. Bergen pointed out that the City Attorney is appointed by the
Council under Civil Service. Councilman Bleecker stated many
statements have been made that persons moonlighting or holding
part-time jobs contrary to the Charter section prohibiting this,
would be reported to the City Council. He asked Mrs. Haddad if
she has a list and proof that this was being done, and she said
she had a list of 45 Firemen who admitted that they were moonlighting,
and she will submit a list to the Council of all offenders in the
Fire Department as soon as it is completed. She said she is certain
that many Firemen will come forward and sign affidavits to the
effect that they are working at part-time jobs on their days off.
Bakersfield, California, March 27, 1972 - Page 4
After discussion, Councilman Thomas moved that the City
Attorney be instructed to investigate the possibility of placing
a referendum on the November ballot which would amend the City
Charter to provide that the Fire Chief would be permitted to grant
work permits to those employees engaged in outside employment.
Councilman Heisey offered a substitute motion to refer
the matter to the Governmental Efficiency and Personnel Committee
for study before the City Attorney proceeds with the referendum
for the November ballot.
Vote taken on the substitute motion carried as follows:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
None
Noes:
Absent:
None
Mayor Hart told Mrs. Haddad that she does have
recourse
and if she feels the Civil Service Board has abused its discretion,
she can appeal to the Superior Court.
Councilman Bleecker asked Mr. Bergen to make some commen~
of the response that off-duty Firemen made to the call at the
Imperial Hotel when it burned down. Mr. Bergen stated that it was
his understanding the response was fairly poor, but he does not
recall the exact circumstances. Councilman Bleecker asked that
these figures be made available for the Council's perusal, indicatJLng
those who responded to the call and how long it took to arrive at
the fire. Mr. Bergen stated he would have this information sent
to the Council.
Mr. Hoagland commented that there was a reference made
to the City Attorney's conduct before the Trial Board. If the
Council is unduly concerned about it, the tapes are available,
and any Councilman has access to them. He wished to remind the
Council that there were three Attorneys at the trial representing
the members of the Fire Department and he has yet to hear from
them that they were offended by his conduct.
Bakersfield, California, March 27, 1972 - Page 5
Correspondence.
Upon a motion by Councilman Rucker, communication from
Congressman Bob Mathias addressed to Mayor Hart, outlining briefly
GAO findings in connection with an investigation of the activities
of the Kern County Economic Opportunity Corporation, was received
and ordered placed on file.
Upon a motion by Councilman Rucker, communication from
the Downtown Business Association endorsing Mayor Hart's recom-
mendation that the traffic barriers in the downtown parking mall
be made more attractive, and that everything necessary be done to
accomplish this project was received and referred to the Business
Development and Parking Committee for study.
Council Statements.
Councilman Bleecker stated that the Council voted
unanimously last Monday night to suspend any negotiations with
the Kern Community College District in regard to a parking lot on
City property, if and when they exercised their option to purchase
the Fedway Building. As it would appear that the College District
has exercised its option, he moved that the Council's previous
action be rescinded, and that the Budget Review and Finance Com-
mittee not review the feasibility of using the building for a
Police facility. Also, that the staff continue to negotiate with
any interested persons for the sale of the parking lot located
adjacent to the Fedway Building. This motion carried unanimously.
Councilman Rees stated that the Council should have a
clear understanding about administrative practices. Last week an
inference was made by some
inference was supported by
without Council authority.
own position clear that it
Councilmen, and in one instance the
him, that the staff is negotiating
He stated that he wishes to make his
is within the province of the adminis-
trative staff to enter into discussions whenever and wherever
they feel it is proper for the advantage of the corporate City,
since everyone is aware that the ultimate authority will come
from the Council.
160
Bakersfield~ California, March 27, 1972 - Page 6
Councilman Whittemore stated that there have been two
articles in the Bakersfield Californian regarding the City of
Delano requesting the County Fire Department to take over that
City's fire fighting duties. One of the statements made was that
if the County provided the fire fighting services for the City of
Delano~ it would permit that City to have an expanded tax base.
He stated that since he has been on the Council~ the eleven
incorporated cities have been making a concerted effort to eliminate
the duplication of taxes paid by the cities for County services
which they do not receive. He asked the City Manager to explore
the thinking behind the proposal by the City of Delano. He sees
nothing wrong with Delano wanting to form a district and expand
its tax bases but if they are requesting that this money be taken
from the County's general fund, he feels the City of Bakersfield
should go on record as opposing this request.
Mr. Bergen reminded the Council that the matter of co-
operation with the County Fire Department has been referred to
the Governmental Efficiency and Personnel Committee for study
sometime before the budget sessions. Councilman Whittemore com-
mented this is an entirely different subject.
A brief recess was declared at this time.
Reports.
Councilman Rucker, Chairman of the Auditorium-Recreation
Committee, reported on the acquisition and development grant
program, stating that last year the Federal Government expanded
the open space land acquisition and development grant program.
This program known as the "Legacy of Parks" program establishes
top priority for the development of land which is already publicly
owned.
Several months ago, a representative of the Department
of Housing and Urban Development (HUD) made a study of this City's
parks system, including its 5-year Capital Improvement Plan. As
a result, it was established that there are three projects within
the City which might quali£y for Federal grants. Those three
projects and the estimated development costs are as follows:
Bakersfield, California, March 2?, 1972 - Page 7
Project No. 1: Pacheco Green Belt located at Pacheco
Road and South H Street.
$ 13,000
6,500
2,500
4,000
Total Development Cost
Federal Share
City's cash contribution
In-kind service cost to the
City
Project No. 2:
Grissom and White Lane Park located just
north of the City's industrial develop-
ment site.
$138,000
69,000
44,500
24,500
Total Development Cost
Federal Share
City's cash contribution
In-kind service cost to the City
Project No. 3: Lowell Park Swimming Pool.
$ 94,000
47,000
46,000
1,000
Total Development Cost
Federal Share
Local cash contribution
In-kind service cost to the Ci'Ly
Projects 1 and 2 are located near developed 235 and 236
Housing Projects. The developers in both areas have donated the
land to the City for these park sites. Both projects are included
in the City's five year Capital Improvement Program.
After reviewing these three projects in detail, and acting
upon the recommendation of the Citizen's Auditorium-Recreation
Committee, this Committee is recommending that the City proceed
with the application for the development for the two park sites.
Further evaluation will be made of the Lowell Park swimming pool.
Filing of an application does not bind the City in any
way at this time. If the applications for these projects are
approved by HUD, the Council will be asked to sign a contract and
budget funds in the 1972-73 Fiscal Year.
Councilman Rucker moved adoption of the report. This
motion carried unanimously.
Adoption of Resolution No. 15-72
authorizing the filing of an Appli-
cation with the Department of Housing
and Urban Development for a Grant to
aid in the Development of the Pacheco
Green Belt.
Upon a motion by Councilman Rucker, Resolution No. 15-72
authorizing the filing'of an Application with the Department of
Housing and Urban Development for a Grant to aid in the development
of the Pacheco Green Belt, was adopted by the following vote:
Ayes:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Noes: None
Absent: None
Bakersfield, California, March 27, 1972 - Page
Adoption of Resolution No. 16-72
authorizing the filing of an Appli-
cation with the Department of Housing
and Urban Development for a Grant to
aid in the development of a Park Site
at Grissom Street and While Lane.
Upon a motion by Councilman Rucker, Resolution No. 16-72
authorizing the filing of an Application with the Department of
Housing and Urban Development for a Grant to aid in the developmenl:
of a Park Site at Grissom Street and White Lane, was adopted by the
following vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whirremote
Noes: None
Absent: None
Councilman Rucker, Chairman of the Auditorium-Recreation
Committee, reported on the subject of Additional Charges for Soft-
ball Entry Fees for 1972 season. In the spring of 1966, the City
Council established a policy regarding fees and charges for the
City Adult Softball and Basketball Programs, as it was established
that the teams participating in these activities should pay 50
percent of the total recreation expenditures for these programs.
Due to an increase in officiating and material costs and
the fact that the City's Parks Division's expenditures have not
been included in this fees policy, it has become necessary to
increase the fees for the 1972 season.
This Committee recommends that the City Council authorize
the Recreation Division to charge an additional $10 per team entry
fee for the 1972 softball seasons and, in the future, the Recreation
Division should charge for these programs accordingly.
Upon a motion by Councilman Rucker, the report was adopted.
Councilman Rees reported that the Legislative Commiftee
was studying two or three legislative bills, and the target dates
are such that they will have another week's time to appraise these
bills before making a report to the Council.
Bakersfield, California, March 27, 1972 - Page 9
163
Consent Calendar.
The following items were listed on the Consent Calendar:
(a)
(b)
Allowance of Claims Nos. 3011 to 3062,
inclusive, in amount of $63,194.45.
Plans and Specifications for Construction
of a Pre-engineered Steel Shop Building
at Waste Water Treatment Plant No. 2.
(c) Easement for vehicular turn around from
H. E. Aaron.
(d) Request for leave of absence without pay
until June 1, 1972 for Alfred Azevedo,
Sanitation Crewman I.
(e)
Construction Change Order No. 1 for
Construction of Vernal Place Storm
Drain and Pump Station Contract No.
77-71.
Upon a motion by Councilman Medders, Items (a), (b), (c),
(d) and (e) of the Consent Calendar, were adopted by the following
roll call vote:
Ayes: Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Rucker, low bid of San Joaquin
Supply Company for annual contract Janitorial Supplies was accepted,
all other bids were rejected, and the Mayor was authorized to
execute the Contract.
Upon a motion by Councilman Whittemore, low bid of Jim
Alfter for annual contract for Curbs, Gutters and Sidewalks was
accepted, all other bids were rejected, and the Mayor was authorized
to execute the Contract.
Deferred Business.
Upon a motion by Councilman Rucker, Plans and Specifica-
tions for the Construction of the California Avenue Park Neighbor-
hood Facility were approved.
164
Bakersfield, California, March 27, 1972 - Page l0
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Section 11.04.797 to the Muni-
cipal Code (Speed Limit on White Lane
east from South "H" Street to the
easterly City Limits).
First reading was considered given to an Ordinance of the
Council of the City of Bakersfield adding Section 11.04.797 to the
Municipal Code (Speed Limit on White Lane east from South "H"
Street to the easterly City Limits).
Authorization granted the Purchasing
Division to invite proposals for
discount prices for certain supplies.
Upon a motion by Councilman Rees, the Purchasing Division
was authorized to invite proposals for discount prices for extra-
ordinary office supplies, ordinance printing and automotive parts
and supplies from the following:
Start-Rite Stationers,
Hunter Printing Co.
Southern Auto Supply
Inc o
Authorization was granted to renegotiate agreements with
the following vendors:
Bakersfield Welding Supply
Ba-Valley Industrial Supply
Bearing Specialty Co.
All Bearing Service
Bloxom & Co.
Thorp's Harley Davidson
Encroachment Permit granted Kenneth
D. Taylor for construction of three
foot solid board fence at 1904 Custer
Avenue.
Upon a motion by Councilman Thomas, application for an
Encroachment Permit was granted Kenneth D. Taylor to construct a
three foot high solid board fence five feet from the curb line at
1904 Custer Avenue subject to the construction of sidewalks along
the frontage of this property.
Approval of Agreement with Pruitt
Trane Service, Inc. to furnish
Inspection of Trane Equipment in
the Civic Auditorium.
Upon a motion by Councilman Bleecker, agreement with
Pruitt Trane Service, Inc. for inspection of Trane Equipment in
the Civic Auditorium was approved and the Mayer was authorized to
execute same.
Bakersfield, California, March 27, 1972 - Page
Council
ing was
NAME
Tenneco West, Inc.
a Delaware Corporation
Tract No.
This
on application
Approval of Revised Map of Tract No.
3413.
Map of Tract No. 3413 was originally approved by the
on March 13, 1972. The waiver of signature for the follow-
not indicated on the Map when originally approved:
NATURE OF INTEREST
Owner of Mineral Rights 500
feet below surface as recorded
March 10, 1972, in Book 4650,
Page 471, O. R.
Upon a motion by Councilman Thomas, the revised Map of
3413 was approved as submitted.
Hearings.
is the time set for public hearing before
an R-3
Office)
the Council
by Otho G. George to amend the zoning boundaries from
(Limited Multiple Family Dwelling) Zone to a C-0 (Professional
or more restrictive, Zone, of that certain property commonly
known as 1102 - 1106 Eye Street.
advertised and posted and notices
scribed by Ordinance.
The Planning Commission
zoning for this property would be
This hearing has been duly
sent to property owners as pre-
is of the opinion that the C-0
compatible with the existing
commercial and R-3 uses of adjacent properties and would not be in
conflict with the general arrangement of land uses as depicted in
the Metropolitan Bakersfield General Plan.
Mayor Hart opened the hearing for public participation.
No protests or objections being received and no one speaking in
favor of the rezoning, the public hearing was closed for Council
deliberation and action. Upon a motion by Councilman Bleecker,
Ordinance No. 2004 New Series amending Title 17 of the Municipal
Code of the City of Bakersfield by changing the Land Use Zoning of
that
1102
Ayes:
Noes:
Absent:
certain property in the City of Bakersfield commonly known as
1106 Eye Street, was adopted by the following vote:
Councilmen Bleecker, Heisey, Medders, Rees, Rucker,
Thomas, Whittemore
None
None
Bakersfield, California, March 27, 1972 - Page 12
This is the time set for public hearing before the Council
on an appeal by California Republic Bank to the decision of the
Board of Zoning Adjustment granting the application of the Bakers-
field Elks Hall Association Ltd. requesting a modification of a
C-2 (Commercial) Zone to permit the operation and maintenance of
78 apartment units with reduction of the required off-street parking
from 117 to 10 spaces affecting that certain property commonly
known as 1525-17th Street.
This hearing has been duly advertised and posted and
notices sent to property owners as prescribed by Ordinance. The
existing Elks Club Building is proposed to be remodeled for the
purpose of developing a 78 unit complex to house senior citizens.
Said project is within the downtown modification zone (an area
determined by the Traffic Authority in which modifications to the
parking requirements could be reasonably considered).
The Board of Zoning Adjustment was of the opinion the
proposed use would be no more detrimental to the off-street parkinE:
situation than the previous use and recommended the modification
be granted subject to the building being maintained for senior
citizens.
Mayor Hart declared the meeting open for public partici-
pation. Mr. Cicero Goddard stated that he opposes the Elks
Organization being permitted to build and operate a senior citizens
home as he feels in line with its previous policies, this building
would not be opened up to minority tenants. He asked that this
application be denied.
Mr. William R. Hulsey, Attorney at Law and President of
the Elks Hall Association which is the association that owns the
title to the Elks Building at 1525 - 17th Street stated that in
response to Mr. Goddard's reason for opposing the project, he
wished to say that there are
restrictions regarding race,
renting this building.
Federal guidelines which prohibit
creed or color of the occupants when
Bakersfield, California, March 27, 1972 - Page 13
167
Councilman Rees commented that actually the Council is
not considering whether or not this corporation should be permitted
to construct and operate the apartment house, but whether there
should be a reduction in the number of off-street parking spaces.
Mr. Hulsey stated that the Elks Lodge will not be operating
this apartment facility, they are merely trying to sell this good
building to someone who will have a use for it. The Elks Hall
Organization will be unable to continue to pay the City and County
taxes unless they can dispose of the building.
Mr. Harvey Means, Attorney representing the California
Republic Bank, addressed the Council, stating that the Bank is not
opposed to the federally subsidized project, in fact they are in
favor of the proposed use; his client objects to modification of
the parking requirements which would permit 10 parking spaces rather
than 117. With the addition of the parking mall and the change in
the method of parking, the Bank feels that this project, although
worthy, will cause a parking problem.
Mr. William Kuhs, Attorney appearing on behalf of adjacent
property owner Robert Stoner, expressed opposition to the reduction
in the number of parking spaces. He distributed copies of statis-
tical information regarding parking at similar HUD sponsored projects
in Bakersfield and other cities which he had obtained on the basis
of telephone interviews with the project staffs.
Mayor Hart asked if there were persons present who wished[
to speak in approval of this modification. Mr. Hulsey, Attorney,
stated that the California Republic Bank did not appear before the
Board of Zoning Adjustment at the time this modification was
requested or express an opinion of any kind. The obvious point to
make is that the Zoning Ordinance was adopted many years after the
building was built and it did not apply to the businesses already
in existence. Mr. Hulsey introduced Mr. Frank Krueger, company
Architect for the Urban Housing Company, who has made a study of
this particular building. Mr. Krueger and his assistant, Miss
Sandra Hartness, Marketing Director of the company, through the use
Bakersfield, California, March 27, 1972 - Page 14
of slides, informed the Council o£ some o~ the other projects that
they have completed throughout the State of California. His company
specializes in purchasing old hotels and buildings and rehibilitat:Lng
them for housing for senior citizens.
Miss Harthess stated that their company has just been
granted a letter of feasibility on the project by HUD after making
an intensive survey and analysis of the building. HUD required
ten parking spaces which are minimal for this type of project
located in a downtown area. She asked that the Council grant their
request £or this amount of parking. She stated they are a profit
motivated company, that this project will be paying full taxes,
they expect the tax base on the building to double, or perhaps
triple~ as a result of the rehabilitation.
Mr. Krueger stated they will have 80 apartments, which
will exceed the minimum code requirements for the City and also
£or FHA. When the project is completed, it will have been completely
rehabilitated with up to date equipment, which includes kitchenettes,
carpets~ drapes and air conditioning, as well as laundry facilities. -
It will be limited to those people 55 years of age or older. A
large space on the ground floor in the east portion of the building
will be remodeled for parking in the existing building.
Mr. Ivo Keyser~ Executive Director of the Downtown
Business Association, addressed the Council~ stating that the
Board of Directors of the Downtown Business Association has gone
on record as heartily endorsing a project of this nature. He read
letters from other cities~ some of which have approximately 2~000
units in the downtown area. Mr. Keyser stated there are over 130
available parking spaces for rent within a three block area of
this project.
Mr. Joe Henley, owner of a photo shop on Chester Avenue, _
stated that parking will not be a problem~ that he is very much
interested in seeing the building occupied~ and he filed letters
from three of his neighbors stating they had no objection to the
rehabilitation of the building for senior citizens.
Bakersfield, California, March 27, 1972 - Page 15
169
Mr. Jack Lockwood, Secretary-Treasurer of the Bakersfield
Elks Hall Association, stated that the people who want to convert
this building are capable~ have the funds to carry out the project,
and he urged the Council to grant the modification to permit the
reduction of the required off-street parking. This is a project
that everyone would like to see constructed for the benefit of the
City.
Mayor Hart closed the public hearing for Council delibera-
tion and action. Councilman Bleecker asked the City Attorney if
the Council granted the modification and it was found that the
parking facilities were overloaded, would it be possible to amend
the ordinance to require the tenants of the project to purchase
off-street parking to relieve the congestion. Mr. Hoagland stated
the Council's decision tonight cannot be reversed at a later date,
however, the City could enforce the ordinance prohibiting overnight
parking as a means to force the tenants to secure off-street parking.
Councilman Bleecker moved adoption of Zoning Resolution
No. 235 granting Modification of the Land Use Zoning Ordinance of
the City of Bakersfield to permit the operation and maintenance of
78 apartment units with reduction of the required off-street parking
from 117 to 10 spaces.
Councilman Thomas commented to Miss Hartness that to his
knowledge there were no grocery store facilities in the vicinity
to accomodate the tenants in this building. Mr. Lockwood stated
there was a full sized grocery store within seven blocks of the
building at 10th and "D" Streets, which is about one-half mile
from the project.
Roll call vote taken on the motion carried as follows:
Ayes: Councilmen Bleecker, Heisey, Medders,
Thomas, Whirremote
Noes: None
Absent: None
Rees, Rucker,
1_70
Bakersfield, California, March 27, 1972 - Page 16
Mrs. Don Lake requested permission from the Mayor to
direct two questions to the City Attorney regarding her husband's
trial before the Bakersfield Fire Department Civil Service Board
which resulted in termination of his position. Mayor Hart stated
thai this matter had already been referred to a Council Committee
and a report would be made to the Council at a later date.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Rucker, the meeting was
adjourned at 10:20 P.M.
MAYOR of ~h~+~ t akersfield,
ATTEST:
¢! '~f ~L~RK and Ex-OYflcio ~Ierk of the Council
of the City of Bakersfield, California
Calif.