HomeMy WebLinkAboutOCT - DEC 1970Bakersfield, California, October 5, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., October 5, 1970.
In the absence of Mayor Hart, Vice-Mayor Stiern called
the meefing to order followed by the Pledge of Allegiance and
Invocation by Councilman Walter Heisey.
The City Clerk called the roll as follows:
Present: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whirremote
Absent: Mayor Hart
Minutes of the regular meeting of September 28, 1970
were approved as presented.
Service Pin Awards.
At this time Vice-Mayor presented Service Pins to the
following employees:
William G. Brown, Park Superintendent, who
completed 30 years of service with the City
of Bakersfield on September 9, 1970.
Oral Highman, Street Foreman, who completed
25 years of service with the City of Bakers-
field on July 23~ 1970.
Council Statements.
At this time Councilman Whittemore made the following
statement. The Bakersfield Californian has been running a series
of articles exploring and attempting to explain the problems of
the Bakersfield Municipal Transit System. They have published
interviews with individuals, including Mr. Chitwood, Manager of
the Transit System~ Milton Miller, Supervisor of the Fifth District~
several members of the City Council and Congressman Bob Mathias.
It appears that everyone except members of the Council is attempting
fo place the blame for not receiving federal funds, for our buses
on the City Council.
It was erroneously reported in one article that Council-
man Heisey is the Bakersfield representative on the Kern County
Council of Governments. We do not have a Council of Governments
as yet and the organization referred to is still called the Kern
County Regional Area Planning Advisory Committee. The Bakersfield
48
Bakersfield, California, October 5, 1970 - Page 2
City Council appointed me as our representative when this agency
was formed several years ago. It is composed of one elected
official from each City, either the Mayor or a Council member plus
one member from the Board of Supervisors.
This agency originally received official recognition
from the Department of Housing and Urban Development as the agency
to review all applications for federal funds within the County of
Kern. Several grants were approved under this agency before
recognition was withdrawn by HUD. We were informed we would be
required to hire an independent staff for the agency before we
could process any further applications. Some members of KERPAC,
including myself, met with Congressman Bob Mathias to get his
assistance in solving this problem. He was unable to do anything
about it at that time.
Through the Chairman of KERPAC, who is Mayor James Riley
of California City, we appealed to the Board of Supervisors to
fund the independent staff from the general fund of the County,
since City residents as well as County residents pay taxes into
this fund. The Board first insisted that the Board of Supervisors
be appointed the reviewing agency with the Kern County Planning
Department as the staff. The eleven incorporated cities pointed
out the Mayor and Council members are more familiar with the problems
of their cities than the Board of Supervisors, and that the Board
with their apparent work load could not properly represent the
cities. Furthermore we are not willing to turn the future of the
cities over to the Board of Supervisors nor are we willing to have
the County Planning Department do the future planning for our cities.
The decision to fund or not is the decision of the Board of Super-
visors; this has been the place we are stalled as far as establishing
an independent staff, and this is the reason our transit applica-
tion has not been acted upon. The responsibility rests solely
with the Board of Supervisors.
I think the cities have been held in suspense
long
enough. We have a number of federal applications which could be
approved; we can't get into the pipeline of the HUD money until
we do have recognition from HUD. The City of Tehachapi is running
49
Bakersfield, California, October 5, 1970 - Page 3
out of water; their application is bogged down for the same reason.
The Lamont area is out of water in certain areas and their appli-
cation is bogged down. It is vital and very important to the
cities that we act now.
I think every Council member has expressed the thought
that it is necessary for the City of Bakersfield to have public
transportation if we are to grow, but we are unwilling to make the
citizens and the taxpayers of the City of Bakersfield fund the
entire project when we serve the metropolitan area. To create an
independent staff wouldn't cost the taxpayers any more money than
it would housing it in the Kern County Planning Department.
Councilman Stiern stated he thought the problem of delay
on the part of the Board of Supervisors is caused to a large degree
by the fact the County is operating under a General Law County
rather than a Chartered County. The Supervisors make many decisions
that could be made by County staff members.
Councilman Heisey said the answer is obvious; the Transit
System should be financed by a district encompassing Greater Bakers-
field, not just the City Limits.
Councilman Heisey asked the staff who was responsible
for replacing a portion of fence that has been torn out along the
canal on the north side of Lake Street just east of Haley Street.
Mr. Jing, Director of Public Works, stated the canal company does
the repair work and the City pays for a portion of it. Mr. Jing
said he would look into the matter.
Upon a motion by Councilman Vetter, Mr. Michael Sceales
was appointed as a member of the Miscellaneous Departments Civil
Service Board for an unexpired term to expire December 31, 1973.
Reports.
Councilman Rucker, Chairman of the Auditorium and
Recreation Committee, read the following report on the subject of
Submission of Phase II, California Avenue Neighborhood Facility,
to the Housing and Urban Development Office.
5O
Bakersfield, California, October 5, 1970 - Page 4
As you know the City of Bakersfield submitted an appli-
cation to the Office of Housing and Urban Development for federal
funds to construct a Neighborhood Facility in California Avenue
Park. This application was accepted in April of this year and
funds totaling $322,500 were set aside by the Federal Government
for this project. At the time of acceptance the City was instructed
to complete the following requirements.
A. Hire an Architect.
B. Appoint a Citizen's Advisory Committee.
C. Make preliminary plans and specifications
for the building.
D. Submit a second phase application to HUD
by October 8th of this year.
Since last April the City has completed all of those
requirements and is now ready to submit Phase II to the HUD Office.
Recently the Auditorium-Recreation Committee met with
the City Staff and the City's appointed Architect, Leonard Schroeder,
and went over the plans and specifications for this facility.
According to our Architect the total anticipated project develop-
ment cost for this building will be $483,469, which is within the
amount appropriated by the Federal Government. The City of Bakers.-
field and the County of Kern. This Committee feels that the plans
at this time are complete and appropriate.
The Committee recommends
approve the submission of Phase II
Urban Development.
that the City Council tonight
to the Office of Housing and
Councilman Rucker moved for the adoption of the report.
Dr. Stiern asked Mr. Bergen if the matter of local
financing and proportion of the County-City share had ever been
settled, as it was left up in the air at one time.
Mr. Bergen said nothing more has developed since adoption
of the budget. The Board of Supervisors
the indication that they would fund that
ment of this, but I am just assuming and
budgeted $40,000, with
amount. There is no agreE,-
I think everybody is
51
Bakersfield, California, October 5, 1970 - Page 5
assuming that they will participate in the project.
Dr. Stiern stated they budgeted half of their total share
in this year's budget and the presumption is that they will budget
the other half next year.
Mr. Bergen said I'm not sure what the final figures are,
but I will check.
Mr. Heisey asked if we budgeted half of our total share.
Mr. Bergen stated he believed we budgeted all of our
total share.
Councilman Heisey asked the staff if it was their recom-
mendation that we are at the point to proceed as outlined in the
report.
Mr. Bergen said that the Council Committee has met several
times. We have budgeted $40,000, but have not made any comments.
Councilman Rucker stated this is the only alternative we
have. I think the Council is almost forced to file the Phase II
Report with HUD so they can go ahead and process the application.
I think this is the only way to get these funds is through the
Phase II Report.
Councilman Bleecker commented that in the next to the
last paragraph of the report it states the total anticipated project
development cost will be $483,469, which is within the amount
appropriated by the Federal Government, the City of Bakersfield
and the County of Kern. I think that this might be a little bit
erroneous in that the County is not appropriating what we felt was
their share of this project. The Federal Government seems reason-
ably responsible in this matter and I think the City of Bakersfield
is,but the County has only appropriated half of their obligation.
Councilman Whittemore said we are operating in good
faith; the City of Bakersfield has budgeted their funds, the Federal
Government has committed its funds and I think now it is up to the
Board of Supervisors to commit their funds.
Bakersfield, California, October 5, 1970 - Page 6
Mr. Bergen stated the basic cost of the project, speaking
in round figures is $480,000, one third of this, $160,000, would
be matched by the local community, by the City and/or County. The
City of Bakersfield wrote a letter to the Board of Supervisors with
the statement that we were going to construct the building, and
accept the maintenance and operation cost. It was the City's
request that three-fourths, or $120,000, of the construction cost
be paid by the County. The City of Bakersfield budgeted their
$40,000, which we assumed was our full share. The City would
accept the maintenance and operation of the building which would
be a continuing cost. The County just budgeted $40,000; they
didn't make a statement whether they were going to budget $60,000,
or if they were going to budget the other $60,000, next year or
the $80,000, so the place it sits now is the City of Bakersfield
has budgeted $40,000, and the County of Kern $40,000. If that is
the basis that we're going to continue on, then the County would
budget $40,000 next year and the City $40,000, but then maybe the
County should contribute to the maintenance and operation of the
building.
After we adopt this Phase II Report, the City will
probably, within 30 days, receive a contract for the construction
of the building. This is the point of no return. At the time you
approve this agreement you would be committed to construct the
building. Councilman Bleecker asked when that would be and Mr.
Bergen answered probably within 30 days from the October 8th date,
which is the deadline for Phase II.
Councilman Heisey asked if that would give sufficient
time to get clarification on what the County's intentions are.
Mr. Bergen said I don't know whether we can get a clarification
from the County.
Councilman Bleecker said we have no indication from the
County except they budgeted $40,000. He said he would hate to see
the project go down the drain and I'm sure Mr. Rucker would too.
I think the County should be told what our position is and we
53
Bakersfield, California, October 5, 1970 - Page 7
expect them to come up with a certain number of dollars, otherwise.
the City will have to make a reappraisal of the whole project.
Vote was then taken on Councilman Rucker's motion to
adopt the report for submission of Phase II, California Avenue
Neighborhood Facility, to Housing and Urban Development Office,
which carried unanimously.
Councilman Bleecker then moved that the facts and figures
the City Manager presented be put in letter form to the County of
Kern; that they be made to know, in no uncertain terms, that the
City expects them to pay what is universally thought to be their
share of this project, and that they make some indication to us
promptly and without delay as to their intentions.
Mr. Bergen suggested that it might be more proper if you
would ask the Committee to meet with the County Committee first
and then follow up with a letter; maybe you could work out some
of these differences.
Councilman Bleecker said that might be
They know what we feel their responsibility is.
man, will have to make a reappraisal of the whole project, as to
whether or not I will vote for continued funds. To have the City
and County meeting one more time is fine with me, but sooner or
later, there has to be a cutting off point; I think we have reached
it.
Dr. Stiern stated he remembered at the time this project
was initially proposed, there was a great.deal of speech making by
people who thought it was a marvelous idea and how much it.was
needed by the children of the community. They thought it was a
wonderful idea until it came time to budget the necessary funds to
make it a reality, and then it became another one of those decisions
that has been postponed.
At this time Councilman Bleecker withdrew his motion and
consented to a prompt meeting between the Committee and the Board
of Supervisors.
a good suggestion.
I, for one Council[-
54
Bakersfield, California, October 5, 1970 - Page 8
Councilman Rucker asked Mr.
with the Board of Supervisors
the matter could be discussed
recommendation.
Reception of report submitted
Chief, and J. A. Olsson, Chief Building
Bergen to set up a meeting
at their earliest convenience, so
and returned to the Council with a
by R. S. Paddock, Fire
Inspector, on all hotels
and apartments in the City of Bakersfield, three or more stories
in height, regarding compliance with regulations requiring effective
fire separation between floors. Chief Paddock stated to date they
have not received any report from the Los Angeles Fire Department
regarding the Ponet Square Hotel fire in Los Angeles last month.
Councilman Stiern, who requested the report, asked Chief Paddock
to keep in contact with the Los Angeles Fire Deparfment and if
they have any recommendations to make, regarding fire regulations,
to submit them to the City Council.
Mr. Bergen gave a brief report on the status of the
Fire Alarm Operators. He stated a vacancy has occurred for a
communications operator with the Police Department. The three
girls in the Fire Department were requested for an interview last
week; two of the girls were interviewed; one of the girls was not
interested. Of the two girls interviewed, Virginia Turner was
offered the position and she has accepted it. The transfer has
not been effected but will take place this week. The primary
reason for the delay is we need to revise the Fire Department
Retirement Ordinance which requires any person who leaves the
service to withdraw their pension fund. It was the intent of the
Committee and Staff to recommend that a modification be made in
the ordinance so that a person retiring or leaving the service of
the Fire Department could leave their funds in for retirement. We
have a letter to our Actuary, requesting the implications this
would have on the system and I hope to report on that within the
next month to the Council.
55
Bakersfield, California, October 5, 1970 - Page 9
Business
Downtown
Councilman Rees read the following report from the
Development and Parking Committee on the subject of the
Parking Mall:
At the September 30, 1970 meeting of the Business
Development and Parking Committee, a report was
submitted by Police Chief Towle recommending the
creation of a downtown parking mall. This request
was prepared by the Traffic Authority in an attempt
to provide needed parking facilities and stimulate
business in the downtown business section of
Bakersfield.
The Police Chief's report, if implemented, will
make one-way streets out of 19th and 20th and
Eye Street and "K" Street within the service
area. The service area, as recommended, will
initially cover the area between "H" Street on
the west, "L" Street on the east, 21st on the
north, and 18th Street on the south. Eye Street
will become a one-way street going south within
that area; "K" will become a one-way street going
north; 19th Street will permit eastbound traffic
only within that traffic area and 20th Street
will have westbound traffic only. In addition
to these one-way streets, barricades will be
located in appropriate locations as described
within the report.
Angle parking will be authorized within the
area, and all street parking meters will be
removed. This proposed program will increase
parking space 100% within that area. One 36-
minute space will be placed at the end of each
block and two 36-minute spaces will be placed
in the middle of each block for customers who
are in a hurry. The remaining spaces will be
for 2-hour periods of time. Customers will be
permitted to cross streets without the need of
going to the end of the block for such purposes.
It is estimated that the loss in parking meter
revenues will be approximately $37,000 for the
remainder of this year; therefore, it will be
necessary to transfer $37,000 from the City
Council's Unapplied Appropriation Account No.
11-510-6100 to the Appropriations Restricted
for Loss of Revenue Previously Anticipated
Account No. 11-$10-6000. Increased assessed
valuation of the affected stores, and a reduc-
tion in the number of vacant stores within the
Bakersfield downtown area could very well result
in the near future. The reduced number of parking
meters will enable the two Police Department
employees who currently service parking meters
to be assigned to other duties within the depart-
ment.
To implement this program, the City will also
have to transfer $5,000 from the City Council's
Contingency Reserve to purchase the necessary
traffic signs, barricades, and other related
items. $3,000 of this will be necessary to
purchase barricades and $2,000 to purchase the
necessary signs for the Police Department.
Bakersfield, California, October 5, 1970 - Page 10
The Downtown Businessmen's Association has
indicated to this Committee and the Traffic
Authority their enthusiastic support of this
proposal.
RECOMMENDATION
It is the recommendation of the Business
Development and Parking Committee that the
report be approved as submitted by the Police
Chief, that the necessary ordinances be adopted
to implement the recommendations contained here-
in, and that $42,000 be transferred from the
City Council's Contingency Reserve with $37,000
going to Account No. 11-510-6000, $3,000 to
Account No. 11-660-1100 for barricades, and
$2,000 to Account No. 11-622-1200 for the
purchase of traffic signs.
Councilman Heisey stated that credit is certainly due
Chief Deem and
and they spent
the credit for
Captain Price; that is, primarily, their brainchild
long hours working it out. They certainly deserve
initiating this movement, which I think is a very
progressive one.
Councilman Vetter asked if it was the intent to have
all parking meters removed from the downtown area or on the
particular streets that were mentioned.
Mr. Bergen stated all the parking meters except in the
parking lots.
Councilman Vetter also asked if there were parking meters
on some streets that aren't involved in the one-way streets and
asked what the parking limit would be.
parking.
Mr. Bergen replied probably 2 hour parking and 36 minute
Mr. George Exzonatos, Chairman of the Parking and Traffic
Committee for the Downtown Business Association, addressed the
Council stating he had been on this committee for several years.
It has been interesting to see the various plans and also the
millions of dollars that some of them would involve to bring about
a major change in downtown. I certainly thank Chief Deem, Captain
Price and Chief Towle for developing a plan that has been carried
out with such little expense. I think the program can be implemented
Bakersfield, California, October 5, 1970 - Page 11
and will have a greater impact than any program we instituted in
downtown in the last 20 years. I can assure you that you have
the full endorsement of the Downtown Business Association and I
urge the Council to implement this program just as rapidly as
possible. I think it is the greatest thing that has happened to
downtown Bakersfield.
Councilman Bleecker stated these changes certainly are
destined to help downtown. I think it is a real move in the
right direction.
Councilman Vetter said he would like to compliment the
Police Department, Committee Members and members of the Downtown
Business Association, for their plan. My one question is approxi-
mately how long will this take to complete.
Mr. Bergen explained an Emergency Ordinance has been
prepared for adoption by the Council tonight, which means we plan
to have this in operation within 30 days.
Councilman Rucker stated he hoped this will be successful
in getting people back to shop downtown.
Upon a motion by Councilman Rees the Downtown Parking
Mall Report was approved unanimously and authorization was granted
for transfer of funds for this project.
After further discussion, upon a motion by Councilman
Rees, Ordinance No. 1888 New Series, amending Title 11 of the
Municipal Code and adding Chapter ll.l? entitled "Parking Mall,"
was adopted by the following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whirremote
Noes: None
Absent: None
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 10?0
inclusive, in the amount of $32,744.81, as audited by the
and authorization was
to 1145
Voucher Approval Committee, were allowed,
granted for payment of same.
Bakersfield, California, October 5, 1970 - Page 12
Body and
Lift for
rejected.
Action on Bids.
Upon a motion by Councilman Rucker, low bid of Service
Equipment Company to furnish a One Ton Truck with Aerial
the Fire Department was accepted and all other bids were
Upon a motion by Councilman Heisey, low bid of Ray
Gaskin Service to furnish 2 - 30 Cubic Yard Refuse Packer Trucks
and bid of Bay Cities Refuse Service, Inc. for sale of surplus
units were accepted and all other bids were rejected.
Adoption of Resolution of Intention
No. 860 of the Council of the City
of Bakersfield declaring its inten-
tion to order the vacation of a
Public Utilities Easement on line
between Lots 7, 8, and 55 of Tract
1001, City of Bakersfield.
Councilman Bleecker asked for clarification of this
Resolution of Intention. Director of Public Works Jing stated,
this is an easement that is not being used and the request for
the vacation was made by Karpe Real Estate. This Tract is on
Pierce Road north of Gulf Street. The easement was originally
for power, gas and water lines and is not now being used, but
with an easement they can't build over it, thus they are requesting
that the easement be abandoned. We have contacted the utility
companies asking whether or not they want the easement reserved,
and they do not.
Upon a motion by Councilman Heisey, Resolution of Inten-
tion No. 860 of the Council of the City of Bakersfield declaring
its intention to order the vacation of a Public Utilities Easement
on line between Lots 7, 8 and 55 of Tract 1001, City of Bakersfield,
and setting the date of October 19, 1970 for hearing before the
Council,
Ayes:
Noes:
was adopted by the following roll call vote:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
None
Absent: None
59
Bakersfield, California, October 5, 1970 - Page 13
Encroachment Permit granted W. A.
Thompson to enclose and use portion
of "O" Street between ATSF main line
and spur tracks.
Councilman Rucker asked if in the future the Auditorium
would need this particular land for parking, storage, etc. Mr.
Jing stated that the encroachment can be revoked at any time, upon
notice by the Council.
Councilman Stiern asked if the action that is proposed
would allow the applicant to use the property but would not return
it to his ownership. Mr. Jing stated that is just an encroachment
and he would not be permitted to build on it, but he can fence it
off and use it for storage. Councilman Whirremote asked if the
City would have to pay any damages if they decided to use the
property for parking for the Auditorium. Mr. Jing stated the
Encroachment Permit is subject to revocation at anytime, upon
notification.
Councilman Bleecker stated we could have avoided a lot
of discussion if that had been included in the agenda, along with
a map,etc. In the future anything in my Ward I would like to
have a map that I can look over prior to Council meeting and the
proposed use of any properties that the City is going to turn
over to somebody else, even for an interim period of time.
Councilman Whirremote stated several weeks ago we referred
this to the Citizens Auditorium Advisory Committee for study and
report to the Council, now were bypassing that report of the
Committee by granting the Encroachment Permit. Auditorium Manager
Graviss stated the Committee hadn't met as yet, but will be meeting
next week.
Councilman Bleecker asked if this was referred to the
Citizens Auditorium Advisory Committee for study and recommendation.
Mr. Bergen replied, about three weeks ago there was a hearing on
the abandonment of this street. At that time Councilman Whirremote
indicated this area had been considered for expansion of the Civic
Bakersfield, California, October 5, 1970 - Page 14
Auditorium uses. The Council specifically asked that no action
be taken on the abandonment of this street prior to report from
the Auditorium Committee. The Administration's feeling was that
an Encroachment Permit doesn't give any right to the adjacent
property owner except to use the street on a day to day basis.
The City Manager then read the restrictions of an Encroachment
Permit.
Councilman Heisey asked if there was any time limit on
this permit. Mr. Bergen said no, but there is a revocation clause
in the permit.
Upon a motion by Councilman Bleecker~ Encroachment Permit
was granted W. A. Thompson~ to enclose and use portion of "O"
Street between ATSF main line and spur tracks.
Acceptance of Work and Mayor authorized
to execute Notice o£ Completion for
Contract No. 55-70 for Construction of
Storm Drain in New Stine Road.
Upon a motion by Councilman Vetter, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
for Contract No. 55-70 for Construction of Storm Drain in New
Stine Road.
Acceptance of Grant Deed from William
N. and Eleanor R. McMillan for street
widening right-of-way at the southeast
corner of Stine Road and Ming Avenue.
Upon a motion by Councilman Vetter, Grant Deed from
William N. and Eleanor R. McMillan for street widening right-of-
way at the southeast corner of Stine Road and Ming Avenue, was
accepted.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for Con-
tract No. 64-70 for Construction of Storm
Drains in Cypress Street, Verde Street~
South "K" Street~ Lakeview Avenue and
California Avenue.
Councilman Vetter stated he was not satisfied with the
work or completion of work, north of Brundage Lane on Cypress
Street and rather large area on Verde Street east o£ Oak Street.
61
Bakersfield, California, October 5, 1970 - Page 15
Mr. Jing stated that they would see those streets are
repaired before final payment is made, which isn't due until 35
days after the Notice of Completion.
Councilman Stiern stated he thinks the condition of the
street is deplorable. It looks to me that if the street is going
to be put back into satisfactory condition it should be resurfaced.
I don't think the patch that was put in is adequate, traffic has
pounded it down to a condition that is unacceptable.
Mr. Jing stated some of the cuts are utility cuts, which
would not be a part of the contractor's work. If we included the
total resurfacing of the street as part of the contract the City
would be penalized. If the street is in such a poor condition,
the Street Maintenance Division will resurface the whole street,
but to include the resurfacing of the total street, as part of
the contract, would penalize the City.
Councilman Vetter asked whether the utility company
should resurface the portion which they cut. Mr. Jing said yes.
Councilman Vetter said they didn't do it before the contractor
came in, because obviously the cuts the utility company are
making are across the street (lateral). Then the utility company
comes in after the contractor has completed his work and finishes
those lateral cuts. Mr. Jing replied, that's correct. Then what
control do we have over them, because that's principally the part
Councilman Stiern refers to, on Verde Street east of Oak Street,
there's a place there that's 3½ feet wide and 6 feet across that's
4 inches lower than the street.
Mr. Jing stated that they will repair those because they
have a bond to patch and repair any cuts that they make in the
City. The Contractor has repaired and resurfaced property; it is
the utility cuts that we're talking about now.
Councilman Vetter asked if it couldn't be deferred for
two weeks until Mr. Jing checks with the utility company and the
contractor to make certain they repair that street.
62
Bakersfield, California, October 5, 1970 - Page 16
Councilman Heisey stated he has observed W. M. Lyles
Company's contracting for a long time and knows something of the
caliber of work they do; they are a fine and responsible organi-
zation. I'm sure if Mr. Jing says they have completed what their
contract calls for, they have completed it in a workmanlike manner.
Those laterals that are cut after they lay down their main line
are someone else's responsibility, not the contractor's. To with-.
hold progress money on a job because we are unhappy with someone
else's work is a grave injustice. They need their money to keep
their organization going; they have completed their job and they
have a right to be paid.
Councilman Stiern stated, notwithstanding the reputation
of the company, I think their performance, in this particular
instance, is less than standard and I think that there are a lot
of householders, who use that street, that will agree. Their
past performance is fine and I don't want to take away from their
reputation; however, I want that street put back in good condition.
Councilman Heisey stated, if the street needs to be
resurfaced it's the City's responsibility, not the Contractor's.
Mr. Jing stated, the holes that need patching are those
of the utility company and are not part of the work for which
the contractor is responsible.
Councilman Vetter stated, the people in that area don't
care if it's the City, the Contractor or the utility company's
responsibility to fix the street,
approve the Acceptance of Work.
would be to have the street back
it should be done before we
I think the proper thing to do
in shape, and if its the respon-
sibility of the City to see that the utilities do their job, then
we'd better get that job done.
Councilman Rees stated, conceivably our treatment of
W. M. Lyles Company would have some effect on getting good bids,
in the future, from this company or any other company that learns
of our reputation for holding up funds.
Bakersfield, California, October 5, 1970 - Page
Mr. Jing stated, if those chuckholes are not repaired
by the utility company within two weeks Public Works will do it
and charge them.
Councilman Heisey suggested that Public Works resurface
the streets so they are smooth.
After further discussion, upon a motion by Councilman
Heisey~ the Work was accepted and the Mayor was authorized to
execute the Notice of Completion for Contract No. 64-70 for Con-
struction of Storm Drains in Cypress Street, Verde Street, South
"K" Street, Lakeview Avenue and California Avenue. Councilman
Stiern voted in favor of the motion with the stipulation that the
repair work be done within two weeks. Councilman Vetter voted in
the negative on this motion.
Approval of Plans and Specifications
for Construction of Slumpstone Masonry
Walls at International Square, Sumner
and Jackson Streets west of Baker
Street.
Upon a motion by Councilman Heisey, Plans and Specifi-
cations were approved~ and the Finance Director was authorized
to advertise for bids for construction of Slumpstone Masonry
Walls at International Square, Sumner and Jackson Streets west
of Baker Street.
Approval of Plans and Specifications
for Paving of 42nd Street (West
Columbus Street) between Chester
Avenue and Union Avenue.
Councilman Bleecker asked how much was budgeted for
this project. Mr. Jing stated, we have $170,000 budgeted for
the entire project and our work will be well within that amount.
Councilman Bleecker asked if this was a portion of the whole
project. Mr. Jing replied this is the paving, our share is
$36,000. Councilman Heisey asked who pays the remainder. Mr.
Jing replied the property owners abutting the property.
Bakersfield, California, October 5, 1970 - Page 18
Upon a motion by Councilman Bleecker, Plans and Specifi--
cartons were approved, and the Finance Director was authorized to
advertise for bids for paving of 42nd Street
between Chester Avenue and Union Avenue.
Council
(West Columbus Street)
Hearings.
This is the time set for public hearing before the
on Resolution of Intention No. 859 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of the alley in Tract No. 1001, City of Bakersfield.
This area has been duly posted and no written protests
were filed in the City Clerk's Office. Request for vacation was
initiated by the Public Works Department. Alley is located near
Pierce Road between Gulf and Getty Streets.
Vice-Mayor Stiern declared the hearing open for public
participalion. Mr. Kish, whose place of business is on Getty
Street adjacent to this alley,
vacation of the alley, but he
and the blocking of the alley,
stated he wasn't opposing this
is opposed to the trash and debris
with trucks, by an adjacent property
owner. Each time he improves his property they destroy his efforts.
At this time Mr. Kish presented the Council with pictures of the
damage that has been done.
Councilman Heisey asked Mr. Kish if he appeared before
the Board of Zoning Adjustment or Planning Commission, when this
came up. Mr. Kish replied no, the notice wasn't up two hours; it
was lucky he even saw it.
Mr. Kish again stated he is not opposed to the closing
of the alley, all he is after is keeping the road open in front
of his business.
Vice-Mayor Stiern closed the public hearing for Council
deliberation and action.
Councilman Bleecker stated he has been in touch with
Mr. Kish and has been over and observed the property. Mr. Kish's
65
Bakersfield, California, October 5, 1970 - Page 19
property is that Section designated 99 (on the map), the rest of
the surrounding property, Lots 94, 95, 96, 97, 98, 6, 5, 4 and
3, are owned by a Texaco Truck Service Center. In the pictures
that you saw the fence comes from half way between Lots 98 and 99
and out to Mr. Kish's property line. You will notice from those
pictures, also, that there's a very large trash can and piles of
tires up against his property, which was called to the attention
of the Fire Department by myself last week. The Fire Department
sent inspectors out there and cited the owner of the larger
property or for some violation of a Fire Ordinance, in that it
should be kept cleaner. The owners are asking for a vacation of
the alley way which is used for trucks pulling in, primarily from
Gulf Street going south coming out on Getty Street then back on
to Pierce Road. I have observed (at the time I was on Mr. Kish's
property) that there was a truck parked beyond, on the center line
of Getty Street. I have been by that property several times and
observed other trucks parked in the same manner. What Mr. Kish
has brought up tonight is that he would prefer that the adjacent
property owners respect his rights as a businessman, and that they
not park their trucks so that it would block people coming into
his place of business on Lot 99. ~.
Councilman Heisey asked if they enter his property from
Getty Street and Councilman Bleecker replied from Getty Street
only.
Councilman Bleecker stated Mr. Kish painted his fence
and adjacent to his property, near the street, was the biggest
mess you have ever seen in your life. I am not going to accuse
anybody of anything, Mr. Kish has already done that, but it
appears to me that the people who own this property are making
it hard on him on purpose. I would like to see somthing done
about it, if it takes a Police Officer on the corner for a whole
week straight, so that Mr. Kish can have all the rights to his
property that he is allowed under the law.
Bakersfield, California, October 5, 1970 - Page 20
Councilman Whittemore stated that this problem was
brought to the Council's attention several years ago and we were
told that some of these trucks, which are parked in the middle of
the street, are being serviced or repaired by the attendants in
the truck stop, they are pulled out intentionally to get them off
the lot. Somewhere along the line there are enough Ordinances to
stop this nonsense and get the people to respect the property
rights of another businessman.
After further discussion, Councilman Bleecker stated, I
want something done about it. What I'm saying is, that if the
City wants to be callous on something like this, I think this can
be worked out a lot better than calling the Police Department two
or three times a day. If these people are using this alley and
they are not supposed to and they want to continue to use it
legally, and continue to block Mr. Kish's property, I will vote
no on this measure. If that doesn't get some action I don't know
what will.
Councilman Bleecker moved that the Resolution ordering
the vacation of the alley in Tract No. 1001 be denied.
Director of Public Works Jing stated the request for the
closing of the alley was by the Department of Public Works so that
it could be put back on the tax rolls. They are using this property
without paying taxes on it.
After further discussion Councilman Bleecker withdrew
his previous motion and moved that the public portion of the
hearing be closed, and the determination be held over for two
weeks and the City Attorney was instructed to advise the Council
of the legality of parking trucks in the alley as it now exists.
This motion carried unanimously.
This is the time set for public hearing on Appeal by
Ira Fendrick to the decision of the Board of Zoning Adjustment
granting her application for a Conditional Use Permit of an R-1
(Single Family Dwelling) Zone to permit the operation and
Bakersfield, California, October 5, 1970 - Page 21
maintenance of a Day Care Nursery for nine children subject to
the following condition - that sidewalk be constructed to City
Standards along the entire frontage of 3004 Dartmouth Street.
This hearing has been duly advertised and the property
posted and no protests were filed in the City Clerk's Office.
At a regular meeting held September 8, 1970, the Board
of Zoning Adjustment considered this application. After review
and consideration, the Board approved the Conditional Use Permit
subject to the following condition:
Sidewalk be provided to City Standards along
the entire frontage of applicant's property
within three months from the date of the
hearing, September 8, 1970, or cease operation
of a Day Care Nursery.
Vice-Mayor Stiern declared the hearing open for public
participation. Mrs. Ira Fendrick stated she had letters from
neighbors protesting the sidewalk, which she presented to the
City Clerk. When she filled out the forms for the Conditional
Use Permit it was for nine children and since that time she has
learned from the Welfare Department, as of September 1, 1970, the
Federal Government restriction that only six children can be kept
in a Day Care Nursery with the supervision of one parent. At the
hearing of the Board of Zoning Adjustment there was discussion on
the fact that off-street parking for six children is two cars and
the requirement for nine children in a Day Care Nursery is for
three cars, but they would waive that requirement for off-street
parking, for three cars, if she had a sidewalk constructed. She
explained, at that time, that due to their financial situation
they could not afford to build a sidewalk, even though it cost
only approximately $100.00. Her husband has returned to school
to finish his last year and she is expecting a baby and cannot
get regular employment and this is why she wants the Day Care
Nursery and would like to have the sidewalk waived, because they
6S
Bakersfield, California, October 5, 1970 - Page 22
cannot afford it. The children, who are in her care, are delivered
in the driveway not at the curb; parents instinctively pull in the
driveway rather than at the curb in front. Mrs. Fendrick further
stated she has had training in Nursery School Supervision and she
is aware of the safety of the children and the sidewalk would have,
no effect on these children being delivered to her home. There are
very few sidewalks in the neighborhood.
Councilman Stiern inquired if the Board of Zoning Adjust-
ment granted you a permit to conduct your business, but placed a
stipulation that you build a sidewalk, you are happy with the
permit but you don't want to have to comply with the portion of
their requirement which says you have to build a sidewalk. Mrs.
Fendrick answered yes.
Councilman Bleecker asked, with the swimming pool in the
back yard, where do the children play. Mrs. Fendrick answered
there is another portion of yard plus their cemented area all
around the side of the house where they ride tricycles.
Mrs. Fendrick stated most of the children, in her care,
go to school and are only with her two or three hours per day and
four are neighborhood children and are not delivered by car.
City Attorney Hoagland stated he would like to clarify
a point here, the size of the house and yard and the number of
children under Mrs. Fendrick's care, come under another agency's
jurisdiction and have no relevance on this hearing.
Mrs. Fendrick stated she will be making, taking care of
six children, under $200 per month,
V.A. check and works part time. If
sidewalk they will have to take out
plus her husband receives a
they are forced to build a
a student loan.
Councilman Stiern asked how long she planned to be in
the Day Care Nursery business. Mrs. Fendrick answered just this
year, the end of June.
Bakersfield, California, October 5, 1970
Page 23
69
Jan Ashby who lives at 3012 Berger Street stated she is
in favor of Mrs. Fendrick getting her permit and cannot see why
the sidewalk is necessary to the conduct of a Day Care Nursery in
this neighborhood.
Vice-Mayor Stiern closed the public portion of the hearing
for Council deliberation.
Councilman Rees stated the only question is whether the
condition is fair or not. Mrs. Fendrick's house has a large
double driveway with curbs and gutters. In this particular case,
I feel the sidewalk requirement is not related to the safety of
the children. Councilman Rees asked Mr. Sceales if changing the
limit from nine children to six children makes any difference in
the attitude of the Board of Zoning Adjustment.
Planning Director Sceales stated that at the last meeting
of the Board of Zoning Adjustment it was the feeling of the Board
that they would not require sidewalks, in any block, on a Condi-
tional Use Permit for a Day Care Nursery, if it is less than 50%
developed with sidewalks. In fact they just approved one at the
last meeting, in a neighborhood that is without sidewalks, so I
think that action speaks for itself.
Councilman Heisey stated that in three and one half years
on the Council the only vote he ever made that he regretted was one
that happened in his Ward, that was almost an identical situation.
They asked for a sidewalk and he persuaded the Council not to
require the sidewalk. It was on a house on the corner of Columbus
Street. I think in that case we were probably wrong. However,
this is a little different situation, in view of the fact there
aren't other sidewalks on this side of the street. As Mr. Sceales
just pointed out, the City has just changed its policy and is not
requiring sidewalks unless 50% or more of the property owners have
sidewalks. In this case it is only an infinitesimally small
7O
Bakersfield, California, October 5, 1970 - Page 24
percentage of the property owners who have the sidewalks and
under the present ruling she would not be required to have a
sidewalk. In view of this fact, I would like to move that the
requirement of the sidewalk be waived and she be permitted to
have her Day Care Nursery for nine children. This motion carried
by the following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Upon a motion by Councilman Vetter the Council continued
the regular meeting at 10:50 P.M., until Wednesday, October 7,
1970, at 7:00 P. M., at the Police Auditorium, at which time a
public hearing will be held on
Cable Television Company.
the request of the Bakersfield
Bakersfield, Calif.
ATTEST:
MARIAN S. IRVIN
CITY CLERK and Ex-Officio Clerk of the Council
of the CiTy of Bakersfield, California
Bakersfield, California, October 7, 1970
7!
Minutes of a continued meeting of the Council of the
City of Bakersfield held in the Police Building Auditorium, at
7:00 P. M., on October 7, 1970.
Mayor Hart called the meeting to order and the City
Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Heisey, Rees, Rucker, Stiern,
Vetter
Absent: Councilmen Bleecker, Whittemore
Mayor Hart stated this meeting was called for the purpose
of a public hearing on the request of Bakersfield Cable T.V., Inc.,
for an increase in rates, and said because of the possibility of
conflict of interest, he was in attendance at tonight's meeting
only in the capacity of the presiding officer.
Mayor Hart declared the hearing open and asked for
public statements from those in favor of the increase in rates.
Bob King stated I am an Attorney and have been asked to
represent Bakersfield Cable Television Company in the presentation
of this matter. I appeared before you in January, at which time
we presented the report of the associated utility services and
following the submission of that, an analysis of the contents.
Committee meetings were held and ultimately a second revised set
of figures were submitted to you, which accomplished certain
requests the Committee wanted. I think all of you are familiar
with the fact that the Bakersfield Cable Television Company is
operated in conjunction with the Porterville system. The original
figures that we submitted to you, did not divide the operation of
the two systems. However, at the Committee's request we revised
this information so that you have the facts and figures relative
to the operation of the Bakersfield Cable Television System only.
In 1965 when the cable television system first came into
being, the rate of $4.85, was adopted for the residents of the City
of Bakersfield. At about the same time the County system was also
put into operation and the rate was established for the County of
$4.75. At the present time we are asking for a 90~ increase in
the rate for the Bakersfield service or $5.75 per month.
Bakersfield, California, October 7, 1970 - Page 2
The County rate has been increased from its original
$4.75 per month to $5.50 per month, plus an installation fee for
each new installation, which is not charged by Bakersfield Cable
Television Company, nor are we requesting this charge. There are
about 200 residents of the City of Bakersfield who are serviced
by the County system, these being areas annexed into the City,
after the franchises were let. Those City residents are now
paying the $5.50 fee to the County television system.
Our purpose is to maintain a quality company, operating
a quality cable television service. We have had some problems
with cable television in the Bakersfield system. The company has
cooperated in every way to produce better service. The company
has employed a man full time to handle the complaints at night,
and is available on holidays and week-endsto offer emergency
service. They are trying their best to present a good image, and
I believe the lack of complaints that you have had, is an indication
of the type of company that you are dealing with. We ask in return
to be allowed sufficient money to maintain that quality of service
that we know you want and have a right to demand.
At this time, Mayor Hart asked if there were other persons
in the audience who wished to be heard in favor of the rate increase.
Being none, Mayor Hart then asked if there was anyone who wished to
speak in opposition to the rate increase.
Mr. Earl Sauer, 1131 Pacific Streef, stated he has had
cable television ever since it came into Bakersfield. He said the
reception is very poor, has been, and continues to be so. Until
they can give good and dependable service, I am opposed to the
granting of a rate increase.
Mr. Leonard E. Martin, 3311 Union Avenue stated he did
not think the television reception was as good as it could be.
He felt they would be entitled to an increase in rates, if they
improved the quality of their reception.
Bakersfield, California, October 7, 1970 - Page 3
73
Mr. Bill Tanner, 2700 Harmony Drive, owner of Westchester
Television Company and a member of the Cable Committee of the Bakers-
field Radio and Television Dealer's Association addressed the
Council and said he can fully appreciate the problem of inflation.
However, there is no justifiable way the Council can grant an in-
crease in excess of what the Board of Supervisors granted to Kern
Cable Company, because they have many more miles of cable to run.
When you have a compact area like the City of Bakersfield without
long runs around the City, in various directions there is no way
to justify the City residents having to pay more than the County
residents.
Mayor Hart closed the public portion of the hearing for
Council deliberation and action. After Council discussion a motion
was made by Councilman Rees, seconded by Councilman Stiern, that
the Bakersfield Cable Television Company be granted an increase
of 40~ per month for the residential monthly service; and an 8%
increase for other residential and commercial charges, which carried
by the following roll call vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter
Noes: None
Absent: Councilmen Bleecker, Whittemore
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Vetter, the meeting was
adjourned at 8:45 P.M.
ATTEST:
Calif.
MARIAN S. IRVIN
CITY CLERK and Ex-Officio Clerk of the Council
of the City of Bakersfield, California
CITY CLERK'S ASSISTANT
74
Bakersfield, California, October 19, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., October 19, 1970.
The meeting was called 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.
Absent: None
Minutes of the
Councilmen Bleecker, Heisey, Rees, Rucker,
Stiern, Vetter, Whittemore
regular meeting of October 5, 1970 and
the continued meeting of October 7, 1970 were approved.
Service Pin Award.
Mayor Hart presented a service pin to Ray Lomas, Equip-
ment Operator I, who completed 25 years of service with the City
of Bakersfield on July 30, 1970.
Scheduled Public Statements.
Mrs. Frederic Lane, Environmental Quality Chairman for
the League of Women Voters of Bakersfield, addressed the Council
and urged support of Proposition I, the Clean Water Bond Law of
1970, which provides for a bond issue of $250 million to provide
funds for water pollution control. Approval will enable the State
to assume a share of the cost of sewage treatment facilities now
borne primarily by cities, with some assistance from the Federal
Government. Proposition I will directly benefit the City of
Bakersfield as the local contribution for the construction of the
Southwest Bakersfield Sewage Treatment Plant would be reduced to
$200,000.
Councilman Rees made a motion that the City Attorney be
instructed to prepare an appropriate resolution in favor of Pro-
position I, in order to inform the public of the importance of
the measure. This motion carried unanimously.
Councilman Stiern requested the City Attorney to secure
further documentation relative to this ballot proposition for con-
sideration of the issue by members of the Council.
Bakersfield, California, October 19, 1970 - Page 2
75
Mrs. Dorothy Smith, who identified herself as a business
and professional woman, addressed the Council, stating that it
looks to her that the problem of the Fire Alarm Operators is the
fact that they are females. If they had been permitted to work
until their retirement, she would not have been so upset about it,
but to take three women's jobs and replace them with two men at an
added cost to the City of $112 a month, is not a tax-saving move-
ment. The only thing it can be is discrimination against women in
the Fire Station. She asked the Council what could prevent any
Department Head from writing a budget to phase the women out of his
department if he so desired.
The women Fire Alarm Operators have done a fine job, have
given the City of Bakersfield good service, and she asked how many
other people would fight as hard to retain their jobs as these
women have done. This is a great injustice to these women, and
also to all working women of Bakersfield. She does not feel that
basically discrimination against women was Chief Paddock's reason
for this recommendation. He just does not believe that women
belong in the Fire House. She does not think this attitude should
continue in a City of this size, as the Council has a responsibility
to the working women in Bakersfield. She asked the Council to
think it over and reconsider its action.
Mayor Hart asked Mrs. Smith if she spoke for the entire
membership of the Business and Professional Women's Organization,
and she replied that she is the District Legislative Chairman for
the central district of the Business and Professional Clubs and
was contacted by the Fire Alarm Operators for assistance in their
problem.
Councilman Stiern asked if the Council can assume that
the local organization supports the views expressed by Mrs. Smith
and she replied that it does.
Councilman Stiern responded to statements by Mrs. Smith,
as follows:
76
Bakersfield, California~ October 19, 1970 - Page 3
I think in this issue if a person is interested
in fact and not in some kind of a smoke screen,
if you are interested in how it really is, and
not in some kind of distortion like we've heard,
I think that we would discover that four women
Fire Alarm Operators have been transferred -
transferred, Mrs. Smith, to a continiung effort
to further the economy of the City Government
and the efficiency of the City Government. They
were not fired. The recommendation to transfer
them was made by a man whom I consider a capable
Fire Chief, by a very cost-conscious City Manager.
It was approved by the Governmental Efficiency
and Personnel Committee, and it was approved by
a majority of the City Council members.
The four women involved were assured of continued
City employment, if they are interested, at com-
parable pay rates. In fact, two of them have
been found other jobs already. It is my under-
standing that one is to be continued in employment
in the Fire Department, another is to be employed
in the communication section of the Police Depart-
ment. Neither job, in my estimation is a bad job.
This somehow escaped the attention of all the
critics we have had on this move. I can't help
but think that it is rather interesting to compare
the treatment, the consideration, the transfer at
similar salaries that is afforded these three City
employees, with a comparable situation that might
happen with a reorganization in industry. In
industry, people don't find you another job at a
comparable salary and lean over backwards to keep
you on the payroll. You're out!
Contrary to all this smoke screen and distorted
publicity which I think is involved by the Fire-
men's Union, the women's positions are being
eliminated because the jobs are in fact unnecessary.
In fact I think they are rather a clear example of
a featherbedding situation. I don't think that we
have been told the issue, I don't think we will be
told the issue as long as the Los Angeles Times
takes a frivolous attitude about a Fire Chief who
is reported to be a woman hater, or a Union
Secretary is invited to appear on a Los Angeles
television channel and present a one-sided, not
a two-sided, but a one-sided statement. It is
interesting that this television channel is already
in trouble with the FCC for past programming
practices. Governments at all levels, I think
are becoming more cost conscious than they have
ever been before and cities in particular are
looking for ways that they can eliminate expendable
positions and they are not filling other positions
as they become vacant.
There has been no shortage in this issue of a lot
of silly talk about women haters, but I think the
inescapable fact continues to remain that the
Council has a rather fundamental, and some times
rather unpleasant job, Mrs. Smith, that goes
beyond all the pressure groups like the Firemen's
Secretary, or a segment of City employees who
continually complain about jobs, which are in
reality pretty good jobs, or even the distortion
of facts by a particular individual like this
union secretary, has been doing.
Bakersfield, California, October 19, 1970 - Page 4
I think beyond all these considerations we still,
as a Council and as a City Government, have an
obligation to continue to provide good services
to the people of the City of Bakersfield and to
search for every possible economy we can find.
I would think that an organization such as the
BPW and other organizations, would be as interested
in good services and good economy as the City
Council has been.
Councilman Rees questioned the accuracy of Dr. Stiern's
statement that the four Alarm Operators have been transferred, since
it is his understanding that every effort would be made to place the
individuals in comparable jobs and that this effort has been success-
ful in but two instances.
Manager.
Councilman Stiern asked for a clarification from the City
Mr. Bergen replied that one of the girls has been trans-
ferred within the Fire Department and one has been transferred to
the Police Department and is now working as a Communications Operator
in that department. The other two girls are still working as Fire
Alarm Operators in the Fire Department and no ther positions have
been found for them at this time.
Councilman Vetter commented that there will be an actual
savings in replacing the Fire Alarm Operators by Firefighters be-
cause the girl transferring to the Fire Department Administration
Office will be replacing two part-time Secretaries. He asked that
Mrs. Smith be furnished with this information showing that there
will be an actual savings of approximately $7,000 a year.
Correspondence.
Upon a motion by Councilman Heisey, the resignation of
Mr. Gerald H. Brock as a member of the Miscellaneous Departments
Civil Service Board was accepted with regret and the Mayor was
asked to send him a letter of appreciation for the services rendered
to the City.
Council Statements.
Councilman Heisey stated that he would like the Public
Works Department to arrange to paint the median islands on Mt.
Vernon Avenue between Panorama Avenue to Niles Street with the
Bakersfield, California, October 19, 1970 Page
green paint which has been used so successfully in other areas of
the City. If funds are not available in this budget for this
purpose, he would like to have the money included in next year's
budget.
Councilman Heisey commented on the fire hazard caused
in the mountains of this area by hunters, stating that he has
talked with a great many people who are interested in environment,
particularly with sportsmen, cattle ranchers, cabin owners, the
members of the Kern County Fire Department and members of the
United States Forest Service. It seems reasonable to them that
rather than setting a fixed date for opening of hunting season,
that in the future all hunting seasons commence after the first
rains, and thai this date be proclaimed by either the governor
or by the Department of Fish and Game. This year has been catas-
trophic and in order to avoid accidental starting of fires by
hunters and to be able to control any fires in the mountain areas,
he would recommend that this action be taken. He then moved that
either a Resolution or a letter written by the Mayor, whichever
is appropriate, be sent to the Governor, the Department of Fish
and Game, the City's Assemblymen and Senator, asking their support
to change the regulations for the opening of hunting seasons by
date, and that it be by proclamation after the first rain.
Mr. Hoagland said he would get in touch with Mr. Ray
Arnett, State Director of the Department of Fish and Game, and
find out what would be necessary to change the law in that respect,
and he will then inform the Mayor.
Councilman Stiern stated that he felt a clarification
should be made of Councilman Heisey's motion. Mr. Arnett would
be asked to determine when the opening date should be in relation
to fire safety conditions in the mountains of California regardless
of whether it has rained or not.
Councilman Heisey commented that fire hazards exist
primarily in Kern County and south to San Diego, as other parts
of the State receive sufficient rain to ward off any danger. In
these particular areas he feels that it is most important to wait
until the fire hazard is over before opening the hunting season.
7 9
Bakersfield, California, October 19, 1970 - Page 6
Vote was taken on Councilman Heisey's motion which carried
with Councilmen Bleecker and Whittemore voting in the negative.
Reports.
City Manager Bergen reported that a communication had
been received from the League of California Cities, advising that
the Resolution adopted by the Bakersfield City Council relating
to the penalties for the sale of drugs had been received in the
Sacramento office early in April and there is no question about
it being included in the packet of resolutions to be considered
at the League Conference. He stated he will call the League and
find out when this Resolution will be considered by the Resolutions
Committee and notify the Councilmen.
Mr. Bergen read the following report on the subject of
History of Employee Turnover during the period of January 1, 1960
to October l, 1970.
This report has been prepared in response to a
request from Councilman Stiern for data comparing
appointments, resignations, terminations, retire-
ments, and deaths within the Police, Fire, Public
Works and other City Departments during the last
ten years.
Review and analysis of the attached table, as well
as the report submitted by Chief Paddock~ reveals
that Fire Department employees in general, are
much more likely to stay with the department until
retiring than members of the Police Department,
Public Works Department and other departments of
the City.
Job satisfaction is a subjective factor and impossible
to measure within any department, but it would seem
by the low turnover rate within the Fire Department
that the employees are reasonably content with con-
ditions or they would look for other jobs. It should
be noted that there has not been an increase in the
turnover rate since Paddock has been appointed Fire
Chief.
Bakersfield is a typical California City, in that
there are vacancies in the Police Department and
long waiting lines for Firefighting jobs. Valid
conclusions as such are impossible to draw without
knowing the real feelings of all of the men within
the different City departments, but based on turn-
over data and recruitment factors, two tentative
conclusions can be reached: (1) Members of the
Fire Department are more likely to make a career
of the employment with the City than any other
group of City employees. (2) Entry level positions
are considerably easier to fill in the Fire Depart-
ment than any other department.
Bakersfield, California, October 19, 1970 - Page ?
Councilman Whittemore asked the City Manager if when he
compiled the figures in the report, he took into consideration
lateral transfers within the Police Department with other cities.
Mr. Bergen answered that lateral transfers to other cities are
considered the same as a resignation.
Upon a motion by Councilman Bleecker the report was
received and ordered placed on file.
Councilman Vetter stated that he felt it would be
appropriate to review, very briefly, in light of comments that
have been made about the Fire Department having such terrible
working conditions, the reasons why the 69 people listed in the
report have left the department in the last ten years; such as
how many retired, how many moved out of the City, etc.
Mr. Bergen said that Chief Paddock's summary which was
attached to his report, outlined this information but he had not
read it because it was somewhat of a personal nature.
Councilman Stiern stated that he feels it is very com-
plete, part of it is confidential, and that everything has been
covered as far as he is concerned.
Mr. Bergen advised that these statistics were gathered
from the various Civil Service Commissions and the records of the
Personnel Department, with some general conclusions.
Councilman Stiern commented that he would assume another
report would be forthcoming from the City Manager, as at the time
this report was requested, the Council discussed Workmen's Compen-
sation problems that the City might have in relation to other Cities,
whether the percentties there are as they should be. Mr. Bergen
stated they are making a fairly in-depth study at the present time
of Workmen's Compensation practices of the City of Bakersfield
versus other cities and hopefully, will come to the Council with a
complete report in the near future.
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 1146
to 1384 inclusive, in the amount of $203,860.25, as audited by the
Voucher Approval Committee, were allowed, and authorization was
granted for payment.
Bakersfield, California, October 19, 1970 - Page 8
Upon a motion by Councilman Heisey, transfer of funds in
amount of $12,000.00 from Fund 11-510-6100 to Fund 11-510-4100, to
provide necessary funds for water litigation, was approved.
Action on Bids.
It was moved by Councilman Vetter,
that low bid of American
La France Company for 1250 G.P.M. Fire Pumper be accepted and all
other bids rejected. He also included in the motion that funds in
the amount of $2,518.10 be transferred from Account No. 11-640-8200
(Fire Hydrants) to Account No. 81-640-8200 (Pumper), to cover addi-
tional cost over the amount budgeted for this item.
Councilman Bleecker commented that the Council has indi-
cated several times that any savings that can be made throughout
the budget year should be made, and he would like to question whether
or not this new fire pumper is absolutely necessary,.and if it is
not, he believes this is a good place to start cutting. If this
piece of equipment still works well, it doesn't make any difference
to him what year it was manufactured, and unless he can be shown
that the purchase of this equipment at an expenditure of $44,000.00
and the transfer of $2,500.00 is absolutely necessary, and that it
would endanger the people of the City of Bakersfield by not having
this piece of equipment in the Fire Department of the City, he will[
vote against the purchase, if he is the only Councilman who does.
Fire Chief Paddock stated that this piece of equipment
should not be on the road, and on a large fire, this old pumper
could not perform. Since this equipment is over 30 years old, he
does not feel that it is safe to drive, and when it is driven, it
is done very slowly. Maintenance parts cannot be purchased but are
manufactured by the mechanics in the Fire Department. His Main-
tenance Foreman verified Chief Paddock's statements, stating that
this equipment is unsafe to drive and has been relegated to the
reserve and used for back-up purposes.
Councilman Whittemore asked what would be eliminated if
$2,500.00 is taken out of the Fire Hydrant Account to pay for this
Bakersfield, California, October 19, 1970 - Page 9
equipment. Chief Paddock stated that progress around the new
State College in the southwest has not been as rapid as anticipated,
and that the hydrants budgeted will not be installed as early as
planned in this area.
Councilman Bleecker commented that his questions have
been satisfied and he will support the acquisition of the piece
of equipment. He asked the City Manager if he can foresee, any
time within the next two or three months, any budgeted items which
can be passed over for another year, since it was agreed at budgel
time that every effort would be made to cut somewhere during the
year. He asked the staff to make a re-appraisal of certain items
in the budget with the idea of cutting perhaps one hundred thousand
dollars out of the budget.
Mr. Bergen stated the Council should consider the budget
process. The budget has already been cut at four different levels
before it comes to the Council at the budget hearings, and he would
be very reluctant to say that there are areas where $100,000 can be
cut out of the budget.
Councilman Bleecker asked how the City stands on payments
from the Users Tax and Mr. Bergen stated the City is on schedule.
He went on to say that he is already looking at the next budget
year. The staff intends to make a more detailed fiscal and
financial report to the Council perhaps around the last of March
so that the Council can get involved before the budget hearings,
on what the revenue and carry-over picture will be.
Councilman Vetter stated that as he recalled it, the
Council during budget sessions had asked for a financial report
showing how the City stands on the Contingency Fund, the Utility
Tax, Sales Tax, etc., to be submitted by the Administrative Staff
by January l, 1971. Mr. Bergen agreed that this report has been
requested, but at that time he had said that a later date projection
Bakersfield, California, October 19, 1970 - Page l0
report would be more meaningful; however, a six month's report
will be made on January 1st if the Council so desires.
After further discussion, vote was taken on Councilman
Vetter's motion to purchase the 1250 G.P.M. Fire Pumper, which
carried unanimously.
Upon a motion by Councilman Heisey, low bid of Southwest
Masonry for construction of Slumpstone Masonry Walls at International
Square was accepted, all other bids were rejected, and the Mayor
was authorized to execute the contract.
The Council engaged in a discussion relative to bids for
the construction of a fence around Park Sump located at New Stine
Road and Fjord Street. Councilman Bleecker asked why a further
review of the bids~ as stated in the Agenda, was necessary. Mr.
Jing, Director of Public Works, stated that the Engineer's estimate
was figured incorrectly, as the unit price used was too low.
Councilman Whirremote asked why only two bids were received for
this project. Mr. Jing stated that bid invitations were mailed
to twelve different fence companies~ and he doesn't know why there
were only two bi~s received; however, they believe this is a good
bid.
Councilman Bleecker stated that since only two bids were
received and the lowest bid was considerably higher than the Engi-
neer's estimate, he would move to reject all bids and grant authori-
zation to readvertise this project.
Councilman Stiern asked the staff if there was any urgency
on this project and Mr. Jing stated there was not and they could
re-advertise.
Councilman Vetter questioned rejecting the bids because
they exceeded the Engineer's estimate, since it was merely an
estimate, and he does not think it is fair to the vendors to
reject bids for that reason.
Bakers£ield, California, October 19, 1970 - Page
Vote was taken on Councilman Bleecker's motion to reject
all bids and re-advertise for this project, which carried by the
following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Rucker, Whirremote
Noes: Councilmen Rees~ Stiern, Vetter
Absent: None
Mayor Hart suggested to the Director o£ Public Works
that a determination be made prior to the Council meeting why
companies are not submitting bids, so that he will be prepared
to advise the Council factually when the bids are being considered
for award.
After discussion~ upon a motion by Councilman Bleecker,
sale of surplus real property at 80? Pacific Street was authorized
to the only qualified bidder, James W. Boylan, and the Mayor was
authorized to execute the necessary documents. Councilman Stiern
voted in the negative on this motion.
Approval of Agreement between the City
of Bakersfield Municipal Transit System
and St. Francis Parish.
After discussion, upon a motion by Councilman Bleecker~
Agreement between the City of Bakersfield Municipal Transit System
and the St. Francis Parish was approved, and the Mayor was authori-
zed to execute same. Councilman Whittemore abstained from voting
on this motion.
Approval of Agreement between the City
of Bakersfield Municipal Transit System
and Rushmore Junior High School.
Upon a motion by Councilman Rucker, Agreement between
the City of Bakersfield Municipal Transit System and Rushmore
Junior High School was approved, and the Mayor was authorized to
execute same.
Approval of Contract with the Greater
Bakersfield Chamber of Commerce pro-
viding for the operation of a Conven-
tion Bureau.
Upon a motion by Councilman Rees, Contract between the
City of Bakersfield and the Greater Bakersfield Chamber of Commerce
providing for the operation of a Convention Bureau was approved
and the Mayor was authorized to execute same.
Bakersfield, California, October 19, 1970 - Page 12
Approval of Contract with the Greater
Bakersfield Chamber of Commerce for
the service of advertising the City
and promoting the industrial develop-
ment of the City.
Upon a motion by Councilman Stiern, Contract between the
City of Bakersfield and the Greater Bakersfield Chamber of Commerce
for the service of advertising the City and promoting the industrial
development of the City was approved, and the Mayor was authorized
to execute same.
Councilman Whittemore asked the City Manager what was
being done with the building at 2014 "L" Street formerly occupied
by the Greater Bakersfield Chamber of Commerce. Mr. Bergen stated
that they are cleaning up the building and will offer it for lease.
They have already had two parties interested, and will lease it as
soon as possible. Councilman Heisey commented that if it was not
located on one of the City Parking Lots, he would think it appropriate
to declare it surplus and sell the property.
Adoption of Resolution No. 69-70 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 Heisey, Resolution No. 69-70
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, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whirremote
Noes: None
Absent: None
Request from Bernard F. Peterson to
connect property located at 701
Fiorito Street to the City Sewer
referred to the Planning Commission
for study and recommendation.
Upon a motion by Councilman Rees, request from Bernard
the City Sewer was
and recommendation.
Peterson to connect property located at 701Fiorito Street to
referred to the Planning Commission for study
Bakersfield, California, October 19, 1970 - Page 13
Adoption of Ordinance No. 1889 New
Series of the Council of the City
of Bakersfield authorizing an amend-
ment to the Contract between the
City of Bakersfield and the Board
of Administration of the California
Public Employees' Retirement System.
At this time the Council considered a proposed amendment
of the City's Contract with the Public Employees' Retirement Sysfem.
Councilman Heisey asked if any Council Committee had reviewed this
proposal. Mr. Hoagland stated this provides a monthly allowance
in lieu of the basic death benefit for certain survivors of a
member who dies in employment after qualifying for voluntary
service retirement. Councilman Vetter pointed out that this was
included in a report submitted by the Governmental Efficiency and
Personnel Committee at the budget hearings and was included under
the fringe benefits granted City employees. It was referred to as
"Survivors Benefits" during the discussion at the budget sessions.
Mr. Richard Weiss, Administrative Assistant, stated that
this amendment was requested by the Chief of Police and has the
support of the Department Heads. It is known as the 1957 Survivors'
Benefits and fills up a loophole under the present coverage for
those employees who continue working after reaching minimum retire--
ment age. It allows a widow to take an option for receiving
retirement benefits as though her husband had retired instead of
being deceased. This would also discourage people from working
beyond their normal retirement age.
Councilman Rucker moved that Ordinance No. 1889 New
Series of the Council of the City of Bakersfield authorizing an
amendment to the Contract between the City of Bakersfield and the
Board of Administration of the California Public Employees' Retire-
ment System be adopted. This motion carried by the following vote:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
None
None
Ayes:
Noes:
Absent:
Boundaries of proposed annexation
designated as Stockdale #4 approved
and referred to the City Engineer
and City Attorney for referral to
LAFC
Bakersfield, California, October 19, 1970 - Page 14
Upon a motion by Councilman Stiern, the boundaries were
approved and proposed annexation designated as Stockdale #4 was
to the City Engineer and City Attorney for referral to
referred
LAFC.
Boundaries of proposed annexation
designated as Cali£ornia Avenue No.
3 approved and referred to the City
Engineer and City Attorney for
referral to LAFC.
Upon a motion by Councilman Stiern, boundaries of proposed
annexation designated as California Avenue No. 3 were approved and
referred to the City Engineer and City Attorney for referral to
LAFC.
Boundaries of proposed annexation
designated as Real No. 1 approved
and referred to the City Engineer
and City Attorney for referral to
LAFC.
Upon a motion by Councilman Heisey, boundaries of proposed
annexation designated as Real No. i were approved and referred to
the City Engineer and City Attorney for referral to LAFC.
Boundaries of proposed annexation
designated as Wilson No. 2 approved
and referred to the City Engineer
and City Attorney for referral to
LAFC.
Upon a motion by Councilman Rees, boundaries of proposed
annexation designated as Wilson No. 2 were approved and referred to
the City Engineer and City Attorney for referral to LAFC.
Application for Encroachment Permit
granted Bill Lee's Bamboo Chopsticks,
1203 - 18th Street.
Upon a motion by Councilman Heisey, seconded by Council-
man Stiern, Encroachment Permit was granted Bill Lee's Bamboo
Chopsticks for construction of a pergola at 1203 - 18th Street.
Acceptance of Work and Mayor authorized
to execute Notice of Completion of
Contract No. 61-70 for Construction of
Restroom Building in Wayside Park and
Storage Building in Jefferson Park.
Upon a motion by Councilman Rees, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
of Contract No. 61-70 for Construction of Restroom Building in
Wayside Park and Storage Building in Jefferson Park. This work
was performed by Frank Terry and was completed on September 17, 1970.
Bakersfield, California, October 19, 1970 - Page 15
Acceptance of Deed from Elmer F. Karpe,
Inc. for widening of Ming Avenue be-
tween Real Road and Akers Road.
Upon a motion by Councilman Vetter, Deed from Elmer F.
Karpe, Inc. for widening of Ming Avenue between Real Road and
Akers Road, was accepted.
Acceptance of Deed from Ming Center
Investment Company for widening of
Ming Avenue between Real Road and
Akers Road.
Upon a motion by Councilman Vetter, Deed from Ming
Center Investment Company for widening of Ming Avenue between
Real Road and Akers Road was accepted.
Acceptance of Deed from Guy C. Earl
III for widening of Ming Avenue be-
tween Akers Road and Stine Road.
Upon a motion by Councilman Vetter, Deed from Guy C.
Earl III for widening of Ming Avenue between Akers Road and Stine
Road was accepted.
Hearings.
This is the time set for continued hearing before the
Council on Resolution of Intention No. 859 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of the alley in Tract No. 1001, City of Bakersfield. This was
deferred from the meeting of October 5, 1970. The public hearing
was closed for Council deliberation and action. Action was initiated
by the Public Works Department and the alley is located near Pierce
Road between Gulf and Getty Streets.
During discussion, Councilman Bleecker stated that he
hopes the property owner will not consider this permission to con-
tinue to block this street and the entrance way to Mr. Kish's
property, and that the law which forbids parking in the middle of
the street is enforced to the letter in this particular case. He
asked the City Attorney if it would be propert to require the
trucking company to install curbs and gutters on this property.
Mr. Hoagland stated that it should not be done under this closing,
but it should be done under whatever other law is applicable.
Bakersfield, California, October 19, 1970 - Page 16
Councilman Bleecker asked the City Attorney to research
the matter and advise the Council what legal requirement is necessary
for the installation of curbs and gutters on this property on both
sides of the streets. Councilman Stiern stated this has been a
continuing problem as far as parking is concerned, and he asked
that everything possible be done to enforce proper parking in the
neighborhood of Kish Enterprises on that street.
Councilman Bleecker moved that Resolution No. 72-70
ordering the vacation of the alley in Tract No. 1001, under Resolu-
tion of Intention No. 859, be adopted. This motion carried by the
following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Vetter,
Whittemore
Noes: None
Absent: None
Abstaining: Councilman Stiern
This is the time set for public hearing before the
Council on Resolution of Intention No. 860 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of a public utilities easement on line between Lots 7, 8 and 55 of
Tract No. 1001~ City of Bakersfield. This hearing was duly advertised
and posted. No written protests were filed in the City Clerk's
Office. Request for vacation was made by Elmer Karpe. Easement
is located 170 feet west of
Street.
Mayor Hart opened
Pierce Road on the north side of Gulf
the hearing for public participation.
No protests or objections being received, and no one appearing in
favor of the vacation, the Mayor declared the public hearing closeel
for Council deliberation and action. Upon a motion by Councilman
Bleecker, Resolution No. 70-70 of the Council o£ the City of Bakers-
field ordering the vacation of a Public Utilities Easement on line
between Lots 7, 8 and 55 of Tract No.
following vote:
Ayes: Councilmen Bleecker, Heisey,
Noes: None
1001,
Vetter,
was adopted by the
Rees, Rucker, Stiern,
Whittemore
Absent: None
9O
Bakersfield, California, October 19, 1970 - Page 17
This is the time set for public hearing before the
Council on Phase II of the 1970 Weed Abatement Program. Between
September 21st and 25th, 83 lots were posted with notices to
destroy weeds and on September 28th, postcards were mailed to
each property owner who had not cleaned his lot.
Mayor Hart declared the meeting open for public partici-
pation. No protests or objections being received, the Mayor
closed the public hearing for Council deliberation and action.
Upon a motion by Councilman Stiern, Resolution No. 71-70 finding
the Weeds to be a public nuisance and directing the Superintendent
of Streets to destroy said Weeds, was adopted by the following
vote:
Ayes:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Bleecker, the meeting was
adjourned at 10:05 P.M.
OR~ l ~e ~t ~ %~ -~akers f is 1 d, Calif.
ATTEST:
a the Councxl
of the City of Bakersfield, California
91
Bakersfield, California, November 2, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P. M., November 2, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend L. Paul
Lehman of the Mennonite Brethren Church.
The City Clerk called the roll as follows:
Present: Mayor Hart.
Councilmen Bleecker, Heisey, Rees, Rucker,
Stiern, Vetter, Whiftemore
Absent: None
Minutes of the regular meeting of October 19, 1970 were
approved as presented.
Correspondence.
At the request of several Councilman, the City Clerk
read the following communication from Mrs. C. E. Harless~ 2816
Berger Street, into the record:
"I am the mother of 3 children, 2 sons and 1
daughter. My sons and their father are able
to take care of themselves in most situations.
My 5 year old daughter and I are not equipped
to protect ourselves from hate letters and a
recent fire bombing at our home.
My husband has appeared before the City Council
many times as a representative of the Fire-
fighters Union. I mention this in order to
make one point clear to you. I am not writing
this letter to you people as a representative
of anyone but myself and my children. My
husband told me that he is against my speaking
out to you. Normally I would respect his
wishes. This is not a normal situation and I
am motivated by fear to bring this to your
attention.
My husband received an anonymous letter in the
mail on October 12, 1970, referring to his
union affiliations, which he reported to the
Postmaster's Office.
He discussed this letter with me and attempted
to pass it off as the prattlings of some "kook"
and told me not to worry. I was worried at the
time but did not make any further comment until
the night of October 27th when a fire bomb was
thrown on our property.
Both the Fire and Police Departments were
summoned and a report of a "fire of suspicious
origin" was filed by the Assistant Fire Chief
on duty. No contact was made with us as far
as investigating this "suspicious" fire, or
the obvious property damage and the possibility
of further violence.
Bakersfield, California, November 2, 1970
Page 2
My husband delayed in picking up the broken
glass and residue from the fire until our
insurance agent, Mr. Bob Williams, phoned
and told him that he had been informed by
Fire Chief Paddock that the incident was
closed and there would be no investigation.
It is a sad indictment of local government
when the family of a taxpaying City employee
cannot expect even an investigation by the
Arson Inspectors of the dastardly act that
I have described above."
Councilman Stiern asked the City Manager if this matter
was investigated to his satisfaction by the Police Department.
Mr. Bergen replied that it was investigated by both the Police
and Fire Departments; that he had several reports from both depart-
ments, one from the Police Department dated October 27th, which
was made before the letter from Mrs. Hatless was written. At the
request of the Police Chief,
by Captain Ware.
Councilman Stiern
he would like to say that on numerous
had differences
Fire Department,
a more complete report was made today
commented, that speaking for himself~
occasions in the past he has
of opinion with Captain Harless of the Bakersfield
but he has no use for "kooks"~ or anyone who
would perpetrate an act such as that described in Mrs. Hatless'
letter. Speaking as one City Councilman he asked Mr. Bergen and
other City forces to extend any protection to Mrs. Harless and her
family which she might request to prevent this type of incident
from occurring in the future.
Councilman Vetter agreed with Councilman Stiern and asked
Mr. Bergen to furnish Mrs. Hatless with a copy of the Police Depart-
ment's report so that she will be aware that an investigation was
made.
Councilman Rees asked the Mayor to recognize Mr. Hatless,
who stated that he was appearing before the Council representing
himself and his family and asked that certain questions be answered.
He wanted to know if plant and soil samples were taken for lab
analysis; did anyone photograph the scene of the fire; did anyone
question witnesses present; did anyone question the Captain of the
crew that responded to the fire call. These are questions that he
Bakersfield, California, November 2, 1970 - Page 3
93
feels are very important. He has been a Fire Captain for 12 years
and a Firefighter for 18 years, and to his knowledge this is the
first time a City employee has been afforded this type of treatment.
He stated that he didn't want this type of thing going on around
his house in the fufure and he wants to make that clear to anyone
who thinks it should.
Councilman Bleecker commented that the letter from Mrs.
Hatless was delivered to his house this afternoon. From the
reports made by the Police and Fire Departments, it would appear
that a bush was burned and the property damage amounted to $20.00,
as estimated by the Fire Department. He then read the following
report made by Captain Ware to the Chief of Police on November 2,
1970, into the record:
"Approximately 2:20 P.M., November 2, 1970, I
was summoned to the office of the Chief of
Police, where he presented to me a letter which
was postmarked Bakersfield, California, October
31, 1970, directed to the Chief of Police. The
letter was signed by Mrs. C. E. Harless of 2816
Berger Street, Bakersfield. It implied that her
family was under harassment and had not received
proper Police service in conjunction with said
harassment.
In my capacity as Chief of Detectives, I have
analyzed the reports available to me and make
the following observation:
The records of the Bakersfield Police Department
have been searched and find that in every in-
stance where the Harless family has made requests
for Police service or there was Police action,
it was proper and justified. As far as threats
or harassment predicated against the Harless
family, I have not at any time had this called
to my attention by anyone.
I was aware of the incident complained of and
that it was investigated by a uniformed member
of this department and subsequently was assigned
to the Arson Investigator in the event that some-
thing should develop in regards to this report.
At this time no one from the Harless family has
made any contact with me or anyone from my office
complaining regarding lack of Police service, nor
have I been aware of any difficulty encountered
by this family. The fact the man is a City employee
would not be pertinent to the situation.
94
Bakersfield, California, November 2, 1970 - Page 4
I discussed this case with Detective James Steen
and Officer Daniel Logan, both men advised me
that neither thought this case would be of any
significance. Logan stated he felt this was a
random fire and was unable to establish it being
the result of a fire bomb as Mrs. Harless implied.
The reason for this conclusion is outlined in
this report.
A procedure has been established in an arson
investigation and it is as follows: Any fire
that appears to have a criminal agent involved,
the information is called to the attention of
the Police Department by the Fire Department
and this precipitates an arson investigation.
In the absence of such information from the
Fire Department, no action is instituted by
this office.
If any member of the Hatless family had a com-
plaint to make regarding police service or lack
of same, a simple call to this Department would
have resulted in immediate response and a pro-
fessional investigation.
As pointed out previously, Mr. Hatless' public
service is not a factor in our police investi-
gation. I can only conclude if Mr. or Mrs.
Hatless are the victims of a criminal action,
they are responding in an unusual way as police
service is available to any citizen upon request."
Councilman Bleecker stated he believes it important that
this report be read into the record. He feels that Mr. Harless
does perhaps have a problem, but he believes a big issue is being
made here over something that was unfortunate, but the incident
could have been taken up with the proper authorities in the Police
and Fire Departments, rather than bringing it to the attention of
the Council. He stated he is of the opinion it is an attempt by
the Firefighters Union to make some play in front of the Council
for reasons only they themselves know. He agreed with Councilman
Stiern that any citizen of this City can expect and deserves the
protection of the Police and Fire Departments, but this issue
should have been taken up with these authorities.
Mayor Hart commented that he respected Councilman
Bleecker's personal opinion, but opinions are not necessarily
facts. Rather than debate this matter further, it would be wide
to wait until Mr. Harless' questions are answered and at that time
the Council can make its determination.
95
Bakersfield, California, November 2, 1970 - Page 5
Mr. Harless stated that attempting to tie this to his
union activities is one of the things that causes this type of
action to go on. He has no authority from the union to speak
tonight, he is merely representing himself and family. After the
incident on October 30th, he talked with Captain Dalley at the
Police Building, in the presence of Lieutenant Miller, so he has
contacted the Police Department.
to carry a firearm but he
permit
yet.
At that time he requested a
has not heard anything from it as
Councilman Stiern stated he thinks
the incident has been noted and it is obvious that it has been
investigated. He would reiterate that the good offices of the
City of Bakersfield are available to Mr. Harless or any citizen
who feels that he or his family are in jeopardy, and protection or
assistance always are provided when requested.
Councilman Rucker stated he had a call from a resident
in Mr. Heisey's ward who had reported an incident to the Police
Department and he asked the City Manager to ascertain if the
Police Department had made the necessary investigation, that he
would give him the name of the lady in the morning.
Councilman Stiern then moved that the letter be received
and placed on file, which carried unanimously.
Council Statements.
Councilman Bleecker commented it would appear from the
number of things that happened on opening day at the League of
California Cities Conference in San Diego last week, that this
organization needs to be straightened out as far as decorum is
concerned. He then read into the record the following statement
made by Mr. Edwin Wade, President of the League of California
Cities, prior to the introduction of Frank Curran, Mayor of San
Diego, who has been indicted by the San Diego Grand Jury for
accepting a bribe:
Mr. Sol Price, is a San Diego Attorney, founder
and Chairman of the Board of Fed-Mart Corporation,
active in civic matters in his community, and a
former member of the San Diego Grand Jury. In
June of 1966 - and I wish to emphasize that date,
1966, Mr. Price resigned from the Grand Jury.
~letter of resignation expressed his deep
concern about the inability of the accused to
enough has been said,
96
Bakersfield, California, November 2, 1970 - Page 6
protect themselves from the Grand Jury, or pub-
licity resulting from a Grand Jury indictment.
Just eleven days ago, on October 14, 1970, Mr.
Price again wrote a letter to the members of
the San Diego Grand Jury where he stated: (and
I quote)
"In light of the recent indictments against City
of~icials~ I feel it is appropriate that you
receive a copy of my letter of resignation from
the 1966 Grand Jury.
The recent indictments epitomize some of the
weaknesses and dangers inherent in the Grand
Jury System.
SHOULD ANY OR ALL OF THE PRESENT DEFENDANTS IN
THE YELLOW CAB COMPANY CASE BE ACQUITED~ CAN
ANYONE HONESTLY CONTEND THAT THEY AND OUR CITY
HAVE NOT BEEN IRREPARABLY INJURED?
SHOULD THEY NOT HAVE HAD THE RIGHT TO CONFRONT
THEIR ACCUSERS AND CROSS EXAMINE THEM?
SHOULD THEY NOT HAVE BEEN AFFORDED THE OPPOR-
TUNITY TO APPEAR BEFORE YOU TO EXPLAIN ANY OF
THE CIRCUMSTANCES AND TESTIMONY WHICH HAS BEEN
PRESENTED?
In the public mind, a 'true bill" handed down
by a Grand Jury carries enormous weight. Most
people assume that every facet o~ the case has
been very carefully scrutinized and weighed.
Is this really the case, or do we £ind refuge
in the classic "they will have their day in
court?" Isn't that too late?
In his June 28, 1966 letter of resignation from
the San Diego Gran~Jury, after detailing funda-
mental principles o£ our judicial system, Mr.
Price said" (and again I quote)
"One thing, however, I must mention to you since
you have it within your power to do something
about it. We have all heard the expression,
"Don't worry, the de~endant will have his day in
court." Can anyone honestly assert that an
acquittal ever wipes away the wound caused by
a frivolous, careless or mistaken indictment.
The power to indict is an awesome one. To be
able to do so in secret without cross examina-
tion, without hearing from the defendant,
requires the greatest restraint and technical
experience. No single agency o£ the judicial
system has more raw power vested in it than
does the Grand Jury, and yet it is probably
the least qualified by training and experience
to exercise such power. The legal restraints
on the abuse o~ its power are almost nil. All
this cannot be washed away by the simple question,
'The defendant will have his day in court.'"
Councilman Bleecker stated that immediately after this
statement was read, Mayor Curran was introduced and according to
the newspapers, he received a standing ovation. However, he
would like to go on record as saying that he was one of the persons;
97
Bakersfield, California, November 2, 1970 - Page 7
present who did not stand, and there were many other Councilmen
and Mayors who did not participate. It was almost a travesty thai;
an official should be allowed to read such a statement into the
record prior to introducing the Mayor of a City who has been
indicted by the Grand Jury. This is particularly important in
the case of public officials who have the trust of the people and
any time that trust is open for questioning, they should be given
a complete trial by a court of law and if they are acquitted, the
people who formerly voted for them would vote for them again.
Councilman Bleecker stated that it is his understanding that the
new President of the League of California Cities is Mayor Clifford
Loader of Delano and he feels that Mayor Loader should receive a
copy of this statement which he thinks indicts the Grand Jury
system.
Councilman Heisey stated that he completely concurred
with Councilman Bleecker, as it was with a great deal of reluctance
that he even attended the convention after the indictment of the
Mayor and several City Councilmen. He feels that it is a reflection
on the officials of all cities in the state, and he personally feels
that they have been let down by their sister city in the south. He
was equally shocked when the President of the League of California
Cities rose and read an indictment of the present Grand Jury system
prior to the introduction of the Mayor and he, too, was one of a
number of people around him who did not rise in what was termed "a
standing ovation."
Councilman Rees commented that he feels that Mr. Wade
was privileged to make whatever statement he wished to as President
of the League of California Cities, and he does not think it will
have any bearing on the future trial of Mayor Curran.
Councilman Stiern stated he didn't attend the meeting
when this statement was read, however, if he had been there, he
would have kept his seat as did other City.Councilmen. He does
not really know if Mayor Frank Curran is guilty or not, all he
knows is that he and some of the Council have been indicted. He
does know that they have been forbidden by a judge to comment on
the indictment and the Mayor and other city officials cannot
Bakersfield, California, November 2, 1970 - Page 8
publicly de~end themselves. From what he can discover, there is
some reason to believe that these charges may be false. The people
of San Diego are very puzzled about it and they are not about to
indict their City Government until they know something more about
the facts. He thinks that it is important that the statements
made by one or more o£ the Councilmen tonight be kept in the
proper context, because a statement of this type has a state-wide
impact. He would like to record to show that the statements that
have been made are the statements of individual Councilmen and in
no way represent an opinion of the Bakersfield City Council.
Councilman Whittemore concurred with this, stating that
he also wanted it to be on record that these are not statements
from the Bakersfield City Council. He did not attend the League
meeting this year. He agreed with Councilman Bleecker that a
letter addressed to the new President of the League would probably
get the point across to him relative to the Bakersfield City
Council's concern regarding the action taken at San Diego.
Mayor Hart stated he participated in the League of
California Cities Con£erence, and when the introduction of Mayor
Curran was made, he and several other people who sat together did
not spontaneously react as reported in the newspapers. By this
indication, he does not mean to say that Mayor Curran is guilty
in his eyes, he merely wishes to say that he does not enthuse
with the condemnation of the Grand Jury system, and the manner in
which is was introducted into the meeting. He ~irmly believes in
the Grand Jury system.
Reports.
Councilman Whirremote, the City's representative on the
Kern County Regional Planning Advisory Commission, read the £ollowing
report on the subjects (1) Amended Joint Powers Agreement for Kern
County Council of Governments. (2) Amended Joint Powers Agreement
for 701 Planning Grant.
"For some time members of the Kern County Regional
Planning Advisory Commission (KCRPAC) and the staf£ of Kern County
Cities have worked with County o£ficials to amend the Joint Powers
Agreement for KCRPAC to provide for an independent staff and to
Bakersfield, California, November 2, 1970 - Page 9
change the name of KCRPAC to the Kern County Council of Governments
(KCCOG).
The attached amended Joint Powers Agreement for KCCOG has
been reviewed and approved by all City members of KCRPAC and will be
submitted to the Board of Supervisors on Wednesday, November 4, 1970,
for approval.
Also attached is the amended Joint Powers Agreement for
the 701 Planning Grant. The amended Agreement is necessary due to
a reduction of funds for the County General Plan Planning Program
and revised work programs for the participating Cities and County.
The County on behalf of the County and Cities will apply
for additional 701 Planning Grant funds to complete the total County
General Plan Program in the near future. The total estimated costs
for the City's share of the amended planning project is $11,977,
of which $6,477 is to be cash and $5,000 labor performed by the
staff of the Planning and Engineering Departments.
As the City's representative on KCRPAC, I recommend
approval of the Joint Powers Agreement for Kern County of Govern-
ments and the amended Joint Powers Agreement for the 701 Planning
Grant subject to the Board of Supervisors
Councilman Whittemore commented
are approved by the Board of Supervisors,
approving both documents.
that if these agreements
it will be the culmination
of a three year attempt by the eleven incorporated cities to come
to an agreement with the Board of Supervisors to fund the independent
staff so that the applications for various projects can be approved
by HUD. If this independent staff had been in existence and funded
and the requirements of the Department of Transportation had been
met, it is quite possible that the City of Bakersfield bus applica-
tion would have been approved by this time.
Councilman Heisey moved that the report be received, the
Agreements be approved, and the Mayor authorized to execute same.
This motion carried unanimously.
Councilman Whittemore stated that the Cities would like
to change one thing in the near future and that is that an alternate
be appointed from each City Council to the Kern County Council of
Governments, so that a quorum will always be present at the meetings.
1 O0
Bakersfield, California, November 2, 1970 - Page 10
Councilman Vetter, Chairman of the Budget Review and
Finance Committee, read a report on a paper shredder, stating
that the incinerator at City Hall is used to burn paper and
cardboard materials by most City departments. This procedure is
unsatisfactory because of the fumes and unsightly appearance of
the residue which results. The Committee feels strongly that the
City should do its share to fight air pollution in its various
forms whenever practical and recommends that $1,000 be transferred
from the City Council's Unappropriated Contingency Reserve, Account
No. 11-510-6100 to City Hall Maintenance, Account No. 11-616-8300,
to purchase a 12" compact "Destroy It" Paper Shredder.
Upon a motion by Councilman Vetter, the Report was
adopted, and the transfer of funds in the amount of $1,000 for
the purchase of the Paper Shredder was approved.
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos.
1385 to 1515 inclusive, in amount of $125,103.44, was approved
and authorization was granted for payment.
Action on Bids.
After discussion, upon a motion by Councilman Rees,
the bid of Blueprint Service for Blueprint Reproduction was
accepted, all other bids were rejected, and
authorized to execute the contract.
Upon a motion by Councilman Rees,
the Mayor was
low bid of Dicco,
Inc. for paving West Columbus Street between Chester Avenue and
Union Avenue, was accepted, all other bids were rejected and the
Mayor was authorized to execute the contract.
Bakersfield, California, November 2, 1970 Page 10a
Approval of Agreement between the
City of Bakersfield and Transit
Ads, Inc.
After discussion~ upon a motion by Councilman Rucker,
Agreement between the City of Bakersfield and Transit Ads, Inc.
for advertising space available on City buses, was approved and
the Mayor was authorized to execute same.
Councilman Stiern stated that he wanted to go on record
as being in favor of this agreement or any agreement which would
generate income for the bus system, as he is not opposed to the
bus system~ merely the idea of operating at a loss.
Adoption of Resolution No. 73-70 of
the Council of the City of Bakers-
field supporting Proposition 1 on
the State Ballot Propositions.
Upon a motion by Councilman Rees, Resolution No. 73-70
of the Council of the City of Bakersfield, supporting Proposition
1 on the State Ballot Propositions, was adopted by the following
vote:
Ayes:
Councilmen Bleecker, Rees, Heisey~ Rucker, Stiern,
Vetter, Whirremote
Noes: None
Absent: None
1012
Bakersfield, California, November 2, 1970 - Page 11
Upon
of the Council
of a copy of a
Adoption of Resolution No. 74-70 of
the Council of the City of Bakers-
field acknowledging the receipt of
a copy of a Notice of Intention to
Circulate Petition for the annexation
of territory designated as "Curran No.
1", and an Affidavit of Publication
thereof, and approving the circula-
tion of the Petition.
a motion by Councilman Vetter, Resolution No. 74-70
of the City of Bakersfield acknowledging the receipt
Notice of Intention to Circulate Petition for the
annexation of territory designated as "Curran No. 1", and an Affi-
davit of Publication thereof, and approving the circulation of fhe
Petition, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker,
Vetter, Whittemore
Noes: None
Absent: None
Stiern,
First reading of an Ordinance of the
City of Bakersfield amending Chapter
2.08 of the Municipal Code by amending
Section 2.08.060 (h) (1) providing for
Consent Calendar and adding Section
2.08.062 Consent Calendar.
At this time first reading was given an Ordinance of the
City of Bakersfield amending Chapter 2.08 of the Municipal Code by
amending Section 2.08.060 (h) (1) providing for Consent Calendar
and adding Section 2.08.062 Consent Calendar.
In response to questions posed from the Council as to
what type of agenda matters would be grouped together, City Attorney
Hoagland stated that the Consent Calendar is comprised of one or
more items of a routine nature which may be approved at one time
by an affirmative roll call vote. Such items as acceptance of
deeds, referral of annexation matters, approval of minutes, allow-
ance of claims, etc. could be grouped together and acted upon by
a single motion. If any Councilman desires to vote upon a particular
matter separately, upon request it can be removed from the Consent
Calendar. This is an effort to streamline the agenda and facilitate
easy handling of routine items.
Bakersfield, Calitornia, November 2, 1970 - Page 12
Encroachment Permit granted Leonard
Prudhomme tor encroachment into City
Storm Drain Easement at 2604 "Q" Street.
Upon a motion by Councilman Rucker, Encroachment Permit
was granted Leonard Prudhomme for encroachment into City Storm
Drain Easement at 2604 "Q" Street.
Acceptance of Street Right of Way
Deed from William C. Holzer and
Sheila R. Holzer.
Upon a motion
Way Deed from William C.
o£ sidewalk and curb and gutter at the "Q" Street to 34th Street
return was accepted.
Acceptance of Deed from the State of
California to the City of Bakersfield.
Upon a motion by Councilman Vetter~ Dee~ from State of
Cali£ornia to City of Bakersfield tor parcel of land located at
the northwest corner of the Kern Island Canal and Vernal Place
intersection, to be used as a replacement site for the pump station
on Vernal Place which will be removed due to proposed 58 Freeway,
was accepted.
Hearings.
This is the time set for public hearing before the
Council on Resolution of Intention No. 854 declaring its intention
to order the construction and installation of curbs, gutters, side-
walks, driveway approaches and necessary drainage facilities
adjacent to Lots 1 through 90, Tract No. 1171~ Lots 88 through 131,
Tract No. 1232 and the south 135 feet of the block bounded by Owens~
Murdock, Robinson Streets and Virginia Avenue, in the City of
Bakersfield~ California, Public Improvement District No. 854.
This hearing has been duly published and posted and
notices sent to all property owners affected. No written protests
have been filed in the City Clerk's Office.
Mayor Hart declared the meeting open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Upon a
by Councilman Bleecker, Street Right of
Holzer and Sheila R. Holzer for construction
Bakersfield, California, November 2, 1970 - Page 13
motion by Councilman Rucker Resolution No. 75-70 of the Council
of the City of Bakersfield ordering the Work in Public Improvement
District No. 854 and directing the City Clerk to post notice
inviting bids therefor, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Upon a motion by Councilman Rucker, Resolution No. 76-70
of the Council of the City of Bakersfield ascertaining and deter-
mining the prevailing rate of Wages to be paid in the matter of
Improvement District No. 854, was adopted by the following
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
This is the time set for public hearing before the
Council of the City of Bakersfield on application by Esther
Mallard to change the zoning boundaries from an R-2-D (Two Family
Dwelling - Architectural Design) Zone, an R-3-D (Limited Multiple
Family Dwelling - Architectural Design) Zone, a C-O-D (Professional
Office - Architectural Design), Zone, and a C-1-D (Limited Com-
mercial - Architectural Design) Zone, to an R-2-MH-D (Two Family
Dwelling - Mobile Home Park - Architectural Design) or more
restrictive Zone, affecting that certain property located on the
southwest corner of Planz Road and South Chester Avenue.
The hearing was duly published and posted and no written
protests were filed in the City Clerk's Office. The applicant
proposes to develop a mobile home park subdivision with walls,
landscaping and a recreational area with the main entry on South
Chester Avenue.
The Planning Commission was of the opinion that a well-
planned mobile home park for subject site would be compatible with
the zoning and development of the area; and, accordingly, recommendIs
approval of the zone change.
Public
vote:
Ayes:
Bakersfield, California, November 2, 1970 - Page 14
pat ion.
spoke in
Mayor Hart declared the hearing open for public partici-
Mr. Tom Cosby, Division General Manager of Zemny, Inc.,
behalf of the project, stating that they have done a great
deal of study on a feasibility report of this area and he would
assure everyone that the development would be an asset to this
area. He further stated that this developer will cooperate with
the City in every respect and with the community as well, and have
endeavored to do so in planning for this project.
No one speaking in opposition to the proposed zone change,
Mayor Hart closed the hearing to the public for Council deliberation
and action.
In response to a question from Councilman Vetter, Planning
Director Sceales stated that the mobile home park itself has com-
plete design control for the development of this proposed project.
The reason the "D" Overlay was recommended here was in case the
mobile home was not developed as planned, there would be a design
control over the acreage.
He stated that no objections were received at the Planning
Commission hearing. Councilman Whittemore commented that this
amazed him as at the time the existing zoning was placed on the
property, the Council Chambers were packed with property owners
from the area, and he asked if everyone had been notified of the
hearing.
Mr. Sceales stated that the usual procedure was followed
for notifying the property owners, that all had been sent a notice
of the hearing who resided within 300 feet of the proposed zone
change. The staff felt that the facility is proper in relationship
to the zoning and development of the area. The Planning Commission
was in favor of a well-planned mobile home park for this site.
After further discussion, Councilman Whittemore stated
that inasmuch as the people have been noticed and no objections
were voiced to him personally or at the public hearing held tonight,
106
Bakersfield, California~ November 2, 1970
Page 15
he would move to adopt Ordinance No. 1889 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 on the southwest corner of Planz Road and
South Chester Avenue. This motion carried by the following roll
call vote:
Ayes: Councilmen Bleecker~ Heisey~ Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Adjournment.
There being no further business to come before
Council, upon a motion by Councilman Vetter, the meeting was
adjourned at 9:30 P.M.
ATTEST:
CI'I~ CLERK and E~-Offi~io Clerk o~ the Council
o~ the City of Bakersfield, California
Bakersf±eld, Californ±a, November 9, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P. M., November 9, 1970.
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 United Methodist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Absent: Councilman Bleecker
Minutes of the regular meeting of November 2, 1970, were
approved as presented.
Scheduled Public Statements.
Dr. George Paulson, President of the Southern Sierra
Council Boy Scouts of America introduced Eagle Scout Don Napier
who read a Resolution stating for one month beginning November 5,
1970, all Cub Scouts, Boy Scouts and Explorers in the community
will be actively participating in collecting newspapers and aluminum
cans for salvage and reuse. The proceeds will be applied toward
the purchase of land in the Greenhorn Mountain area for a new Boy
Scout Camp, and urged all citizens to save their newspapers and
aluminum cans for pick up by the Boy Scouts.
Mrs. Ellen Fink, President of the College Heights School
PTA, stated she were here tonight to ask that the speed limit from
the Mount Vernon On-Ramp, which is Height Street pass Sunny Lane,
be lowered to 25 miles per hour, it is now 45 miles per hour, that
caution blinking lights be installed and a traffic count be made
in this same area as the traffic is quite heavy during the time
children are going to and from school.
Councilman Heisey stated this area was under the juris-
diction of the State Division of Highways and asked Mr. Bergen if
these recommendations could be made to them.
1 O8
Bakersfield, California, November 9, 1970 - Page 2
Mr. Bergen replied he would submit these recommendations~
to the Division of Highways and report back to the Council in the
near future.
At this time Mr. Charles Siplin addressed the Council
and said it was apparent to him and many other people in this
community that the people of southeast Bakersfield are constantly
being tossed around in what appears to be a political football
between various governmental agencies. I am referring specifically
to the political ramifications that evolved out of the multi-service
center proposal~ the southeast Bakersfield Migrant Health Center
proposal and now the sewer line proposal. I realize this latter
proposal has not come before the Council for a vote. But to quote
Councilman Whittemore. "He and a majority of his colleagues on
the City Council will oppose an estimated $524,298,000 Federal
Grant to build sewer lines to serve 2,000 people in a minority
area of southeast Bakersfield."
The sewer line project in my opinion should be a test
of sincerity between the City and governmental agencies in their
professed concern for the rights o~ the poor and the minorities.
The sewer project should also be a test of the ability of reasonable
men, who af£irm they have common objectives to bridge the gap
between arrogance of those who have the power and the suspicions
and alienation of those who do not. I firmly believe that the
Council should approve this grant of $524,298,000. The sewers
would bring better housing to the minority area, encourage industry
and better sanitation conditions for the citizens.
I also feel it would be unwise for the Council to turn
down any federal money destined for any area of this community.
In conclusion~ the people of this area have no intention of free-
loading at the expense of the taxpayers. There is a great deal of
pride and dignity in this community. It is unfortunate that elected
officials would try to prejudice one community against the other
with this type o~ statement.
Bakersfield, California, November 9, 1970 - Page 3
109
Councilman Whittemore said you apparently quoted me from
a newspaper article. I did make the statement at the Regional
Planning Advisory Commission meeting when this was brought on the
floor. I was opposed to it and I am sure that Mr. Bleecker is
opposed to it from the City Council because we have opposed the
Suburban Rental Sewer Agreements with other property which is in
the unincorporated area. The people who have had an opportunity
to annex to the City of Bakersfield and help us expand have opposed
us time and time again, yet they come to the City Council and ask
us to provide them with City sewers, City services and these are
paid £or by the taxpayers within the incorporated limits of the
City of Bakersfield. These people had an opportunity a short time
ago to annex to the City of Bakersfield, this hall was filled with
those who opposed it. I don't believe in anyone being forced to
annex to the City of Bakersfield, this should be their choice, but
I don't feel that they should turn around and ask the taxpayers of
this City to help support their services.
With the improvement of the sewer system in this area
it is quite possible there will be a demand for apartment construc-
tion, more motels because of the tremendous increase in traffic on
the highway. If this happens, then the sewer farm which is paid
for by the taxpayers of this City will have to be expanded. The
acreage in which this water disposal must be taken care of will
have to be bought and purchased by the taxpayers of this City, not
the people in the Union Avenue Sanitation District. This is what
I say is unfair to the taxpayer of the City of Bakersfield.
I understand this contract we have with the District,
which we have all opposed through the years, has a fixed fee of
$12.50 per year. This is an iron-clad contract made by a Council
many, many years ago.
This Council is the one who initiated and adopted the
plan for your multi-purpose building. The Supervisors of the County
of Kern are the ones who are throwing you the curve ball on that,
we have carried out our portion of that agreement. To my knowledge
110
Bakersfield, California, November 9, 1970 Page 4
this Council was not involved with lhe medical health facility.
never made a statement on that. I represent the people of the City
of Bakersfield and if it seems to me that it is going to cosf
additional funds to provide services for the people outside of
the City then I will oppose it.
Councilman Stiern said he thinks the question should be
divided. The rates which are being paid by the City of Bakersfield
to the Union Avenue Sanitation District is one question for con-
sideration, which I think will eventually be resolved between the
City Council and the Board of Supervisors, who are the directors
of the district. Then I think we have to consider that the people
in that area have made an application for federal funds to develop
sewer lines to upgrade the sanitation and health facilities. He
said if federal funds can be obtained to provide sewer lines in
the area that is good.
I think it would be ill-advised for the City at any time
to take a position which would place it in opposition to upgrading
any area surrounding the City. If the sanitary facilities can be
improved and if federal funds are available, I think it would be
very ill-advised for the Council to take any position which would
be detrimental or impediment to lhe successful development of such
a project in the area.
Councilman Heisey said he thought the solution was rather
simple and the goal could be achieved if it has the enthusiastic
support of the City. I think that can be obtained when the City
Council and the Board of Supervisors sit down and renegotiate the
Sewer Contract so it isn't a burden on the City, but is reasonable
and fair as the rest of the Sewer Rental Agreements are. It all
hinges on that one point. I don't see any reason why it couldn't
be resolved in a matter of days.
Councilman Rucker said that something may be worked out
as it was years ago to provide sewers in an area between King Street
and Union Avenue near Brundage Lane.
Bakersfield, California, November 9, 1970 - Page 5
Councilman Rees said he hoped Mr. Siplin doesn't fall
into a trap of believing "everything is a political football."
Councilman Vetter said he would certainly support any
area upgrading their sanitation facilities. I don't believe it
would be proper for the City to oppose a project of this nature.
I would be opposed to the City continuing our contract that would
be detrimental to the taxpayer of the City of Bakersfield.
After further discussion, Councilman Heisey moved that
the City-County Cooperation Committee meet with the Board of Super-
visors to renegotiate the Union Avenue Sanitation District Contract.
This motion carried unanimously.
Councilman Stiern asked the City Manager to set up a
meeting as soon as possible with the Supervisors who serve on the
Board's Cooperation Committee.
Correspondence.
A notice was received advising that the next meeting of
the South San Joaquin Division of the League of California Cities
will be held in the City of Chowchilla on Friday, November 20, 1970.
The guest speaker will be Dr. Clifford Loader, President of the
League of California Cities.
Communication addressed to Mayor Donald M. Hart from
K. Hasegawa, Chief of Planning Section, Travel Center of Japan,
thanking Mayor Hart for the kind hospitality extended to their
U.S. Administration Study Team who visited his office on September
15, 1970.
Council Comments.
At this time Councilman Heisey read Resolution No. 78-70
of the Council of the City of Bakersfield recognizing the 100th
Anniversary of the First United Methodist Church of Bakersfield.
Councilman Heisey moved for the adoption of this Resolution, which
carried by the following roll call vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote
Noes: None
Absent: Councilman Bleecker
112
Bakersfield, California, November 9, 1970 - Page 6
Councilman Heisey stated he had been contacted by Mr.
Bob Miller, President of the East Bakersfield Lions Club regarding
the lighting at the Kern County Library on Baker Street. I went
over to the library and found the lighting to be very bad. Mrs.
McGee, Kern County Head Librarian informed me the Kern County
Public Works Department has made plans to black top the parking
lot at the library which she thinks will be lighted, however, this
will be on the side of the building. There are two columns on
which lights used to be in front of the library. They have been
broken out and never replaced. I would like our staff to contact
the County Public Works Department and ask them to replace these
two light fixtures in front of the library, and also to look into
the possibility of the City putting a light on a telephone pole
which already exists on the north side of the lot at the alley on
Baker Street.
Councilman Heisey stated he wanted to comment on the
Transit System as it exist in the City of Bakersfield.' We, on the
Council, who are particularly involved and concerned with our
Transit System, are continuing to meet and are pursuing with as
much vigor as ever for the formation of a Metropolitan Transit
District. We have had the assurance of at least two members of
the Board of Supervisors who have met with us in committee, along
with the committee of the Chamber of Commerce. I am sure everyone
on the Council agrees that we should have a Transit System, but
we do want it to be shared by the entire community that benefits
from it.
Upon a motion by Councilman Rucker, Mrs. Carmen Calderon
was appointed as a member of the Board of Charity Appeals and
Solicitations, term to expire October 1, 1974. This motion carried
unanimously.
Councilman Rucker stated that he has had several calls
from residents pertaining to the improvement of Brundage Lane and
California Avenue and asked Mr. Bergen for a report on these two
projects.
Mr. Dale Hawley, Deputy Director of Public Works, stated
that the California Avenue Project time expired November 5th, the
contractor will be paying a penalty. The north half of the street
Bakersfield, California, November 9, 1970 - Page ?
is ready for paving and the contractor indicated he would be working
there this week.
Councilman Vetter stated he had received complaints from
people in the K-Mart area that the parking lot lights are extremely
bright and remain on until two or three in the morning. People to
the north of there are objecting to the brightness of the lights
and asked the Planning Director if there was any way to control the
lighting. Mr. Sceales said he would contact K-Mart and inform them
of the complaint.
Mr. Bergen reported on the East Brundage Lane Project and
stated that it is about one and one-eighth mile long and is a County
project. The completion date is estimated to be January 7, 1971.
Allowance of Claims.
Upon a motion by Councilman Rucker, Vouchers Nos. 1516
to 159~ inclusive, in amount of $61,216.78, as audited by the
Voucher Approval Committee were allowed, and authorization was
granted for payment of same.
Action on Bids.
Upon a motion by Councilman Stiern, low bid of Cyclone
Fence Company for the construction of a fence around the Park Sump
located at Fjord and New Stine Road, was accepted, all other bids
were rejected, and the Mayor was authorized to execute the contract.
Adoption of Ordinance No. 1890 New
Series of the City of Bakersfield
amending Chapter 2.08 of the Munici-
pal Code by amending Section 2.08.060
(h) (1) providing for Consent Calendar
and adding Section 2.08.062 Consent
Calendar.
Upon a motion by Councilman Rees, Ordinance No. 1890 New
Series of the City of Bakersfield amending Chapter 2.08 of the
Municipal Code by amending Section 2.08.060 (h) (1) providing for
Consent
adopted
Ayes:
Calendar and adding Section 2.08.062 Consent Calendar,
by the following vote:
Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
was
Absent: Councilman Bleecker
1 14
Bakersfield, California, November 9, 1970 - Page 8
Adoption of Resolution No. 77-70 of the
Council of the City of Bakersfield
regarding repatriation of captured
American and Allied Fighting Men.
Upon a motion by Councilman Whittemore, Resolution No.
77-70 of the Council of the City of Bakersfield regarding repatria-
tion of captured American and Allied Fighting Men, was adopted by
the following roll call vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Bleecker
First reading of an Ordinance of the
City of Bakersfield amending Section
11.04.753 of the Municipal Code es-
tablishing a Speed Limit on Oswell
Street.
At this time first reading was given an Ordinance of
the City of Bakersfield amending Section 11.04.753 of the Municipal
Code establishing a Speed Limit on Oswell Street.
First reading of an Ordinance of the
City of Bakersfield amending Section
11.04.791 of the Municipal Code es-
tablishing a Speed Limit on South Real
Road.
At this time first reading was given an Ordinance of
the City of Bakersfield amending Section 11.04.791 of the Municipal
Code establishing a Speed Limit on South Real Road.
Adoption of Resolution of Intention
No. 861 of the Council of the City
of Bakersfield declaring its intention
to order the vacation of a Public
Service Easement in Lot 40, Tract 3334,
City of Bakersfield.
Upon a motion by Councilman Stiern, Resolution of Inten-
tion No. 861 of the Council of the City of Bakersfield, California,.
declaring its intention to order the vacation of a Public Service
Easement in Lot 40, Tract 3334, City of Bakersfield, and fixing
the date of November 30, 1970 for hearing before the Council, was
adopted by the following vote:
Ayes:
Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Bleecker
115
Bakersfield, California, November 9, 1970 - Page 9
Claim for damages from Susan Yvonne
Palmer referred to the City Attorney.
Upon a motion by Councilman Rees, claim for damages from
Susan Yvonne Palmer was referred to the City Attorney.
Claim of D. K. Moran Construction
Company for the construction of Sani-
tary Sewer to serve California State
College, Bakersfield and adjacent
area, referred to the City Attorney.
Upon a motion by Councilman Rucker, claim of D. K. Moran
Construction Company for the construction of Sanitary Sewer to
serve California State College, Bakersfield and adjacent areas, was
referred to the City Attorney.
First reading of an Ordinance of the
City of Bakersfield amending Chapter
16.24 of the Municipal Code requiring
the undergrounding of all utilities
in new subdivisions.
At this time first reading was given an Ordinance of the
City of Bakersfield amending Chapter 16.24 of the Municipal Code
requiring the undergrounding of all utilities in new subdivisions.
Acceptance of Street Right of Way
Deed from Jack I. Straus and Robert.
K. Straus.
Upon a motion by Councilman Rees, Street Right of Way
Deed from Jack I. Straus and Robert K. Straus for extension of
Columbus Street between Christmas Tree Lane and the proposed
Panorama Drive extension, was accepted.
Acceptance of Street Right of Way
Deed from Jack I. Straus and Robert
K. Struas.
Upon
Deed from Jack
Panorama Drive
accepted.
a motion by Councilman Rees, Street Right of Way
I. Straus and Robert K. Straus, for extension of
between Crescent Drive and Columbus Street, was
Acceptance of Street Right of Way
Deed from William A. Howell, Jr. and
Genevieve M. Howell.
Upon a motion by Councilman Rees, Street Right of Way
Deed from William A. Howell, Jr. and Genevieve M. Howell for
extension of Columbus Street between Christmas Tree Lane and pro-
posed Panorama Drive extension, was accepted.
116
Bakersfield, California, November 9, 1970 - Page 10
Acceptance of Street Right of Way
Deed from William A. Howell, Jr.
and Genevieve M. Howell.
Upon a motion by Councilman Rees, Street Right of Way
Deed from William Howell, Jr. and Genevieve M. Howell for extension
of Panorama Drive between Crescent Drive and Columbus Street, was
accepted.
Acceptance of Street Right of Way
Deed from Bidart Bros.
Upon a motion by Councilman Vetter, Street Right of Way
Deed from Bidart Bros. for widening along the south side of Ming
Avenue west of Real Road and east side of Akers Road south of Ming
Avenue, was accepted.
Acceptance of Work and Mayor authorized
to execute Notice of Completion of Con-
tract No. 60-70 for installation of
Traffic Signals and Street Lighting at
the intersection of Auburn Street and
Oswell Street.
Upon a motion by Councilman Rees, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
of Contract No. 60-70 for installation of Traffic Signals and
Street Lighting at the intersection of Auburn Street and Oswell
Street.
Approval of Plans and Specifications
for Construction of a Restroom-Storage
Building at Centennial Park.
Upon a motion by Councilman Stiern, Plans and Specifica-
tions were approved, and the Finance Director was authorized to
advertise for bids for the construction of a Restroom-Storage
Building at Centennial Park.
Approval of request from Ruby L.
Blaylock 805 Fiorito Street, to con-
nect residence to City Sewer System.
Upon a motion by Councilman Vetter, request from Ruby L.
Blaylock, 805 Fiorito Street to connect residence to the City
Sewer System was approved subject to the following conditions:
1. Work to be constructed to City Specifications.
2. Enter into a Suburban Sewer Rental Agreement.
3. Plans to be submitted for City's review and
approval.
.1_17
Bakers£ield, California, November 9, 1970 - Page ll
Approval of request from B. F. Peterson
701 Fiorito Street, to connect to City
Sewer System.
Upon a motion by Councilman Vetter, request from B. F.
Peterson, 701Fiorito Street to connect residence to the City
Sewer System was approved subject to the following conditions:
1. Work to be constructed to City Specifications.
2. Enter into a Suburban Sewer Rental Agreement.
3. Plans showing proposed installation to be
submitted for City's review and approval.
Hearings.
This
of the City of
to change the zoning boundaries from an R-1 (Single Family Dwelling)
Zone and from an R-3 (Limited Multiple Family Dwelling) Zone to a
C-2 (Commercial) or more restrictive, Zone, affecting that certain
property located west of Stine Road and south of Ming Avenue.
The hearing was duly published and posted and no written
protests were filed in the City Clerk's Office.
The Planning Commission is of the opinion that commercial
zoning of subject parcel would be compatible with existing zoning
and development of the area.
Mayor Hart declared the hearing open for public partici-
pation. No one appearing in opposition, the Mayor asked for those
in favor to speak at this time. Mr. Richard Hosking, Attorney for
J. L. Dandy & Company spoke in favor of the application for the
zone change.
Mayor Hart closed the public portion of the hearing for
Council deliberation and action. Upon a motion by Councilman Heisey
Ordinance No. 1891 New Series amending Title Seventeen of the Muni-
cipal Code of the City of Bakersfield by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
west of Stine Road and south of Ming Avenue, was adopted by the
following vote:
Ayes: Councilmen Heisey~ Rees, Rucker~ Stiern, Whittemore
Noes: Councilman Vetter
is the time set for public hearing before the Council
Bakersfield on application by J. L. Dandy & Company
Absent: Councilman Bleecker
118
Bakersfield, California, November 9, 1970 - Page 12
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Vetter, the meeting was
adjourned at 9:25 P.M.
ATTEST:
MARIAN S. IRVIN
CITY CLERK and Ex-Officio Clerk of the Council
of the ~ity of Bakersfield, California
CLERK'S ASSISTANT
Bakersfield, California, November 16, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P. M., November 16, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Norman
Callaway of the Wesley United Methodist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker,
Stiern, Vetter, Whirremote
Absent: None
Minutes of the regular meeting of November 9, 1970 were
approved as presented.
Mayor Hart acknowledged the presence in the Council
Chambers of students assigned to counterpart positions within the
City Government for Teenage City Government Day to be held Wednesday,
November 18, 1970, who introduced themselves and identified the
schools they represented.
Scheduled Public Statements.
Mrs. Florence Perry, Director of the Lakeview Service
Center, addressed the Council relative to the condition of Lakeview
Avenue and pointed out some of the areas which could be improved.
She asked that the streets be cleaned up and that the Police Depart-
ment be instructed to enforce the no parking regulations on Lakeview
Avenue in the early morning hours when the street sweeper is
operating in the area. She also requested that the City provide
a maintenance man, full or part time, to police the area and keep
the sidewalks clean and the litter out of the streets which she
stated could create work for low-income residents. She asked that
something be done in the near future to provide the citizens and
taxpayers of this area some relief and that the area be maintained
the same as other shopping centers in the City.
All members of the Council agreed that these suggestions
were excellent. Since Mrs. Perry indicated that the level of
service is less than that received in other areas of the community,
Public Works Director Jing was requested to comment. Mr. Jing
12O
Bakersfield, California, November 16, 1970 - Page 2
stated that Lakeview Avenue is a secondary street and is swept
once a week. It is not the policy of the City to sweep sidewalks
anywhere in the City. Lakeview Avenue is swept at night, as cars
parked on the street present a problem. With the cooperation of
the Traffic Department cars can be moved, but only by continual
surveillance.
Mrs. Perry urged the issuance of citations to those
persons who violate the no parking signs, and Mr. Jing stated he
will take the matter up with the Traffic Department.
Councilman Rucker pointed out that the businessmen in
this area complained that citations issued by the Police Department
ran off business, therefore, parking regulations were not enforced
rigidly in order to help business in the area. However, since this
group is requesting that Lakeview Avenue be kept in better condi-
tion, it might be a good idea to sweep the street twice a week
and request the Police Department to adopt a more stringent policy
toward those people who violate the law.
Councilman Bleecker stated that stricter enforcement of
parking regulations might be resented and suggested that the Lake-
view Community Council adopt a project to encourage the merchants
on the street to paint their property and sweep the sidewalks in
front of their business.
After further discussion, it was suggested that due to
the heavy pedestrian traffic on Lakeview Avenue, the Director of
Public Works review the City's street sweeping policy and consult
with the Traffic Department regarding more rigid enforcement of
the parking regulations in this area.
Mr. John Phillips, representing the Bakersfield Chapter
of Zero Population Growth, submitted a petition containing 1,400
signatures and a proposed resolution, urging the City Council to
endorse the concepts and ideas behind Zero Population Growth. He
stated that the symptoms of over-population are already indicated
in the form of pollution, social unrest, congestion, urban sprawl
Bakersfield, California, November 16, 1970 - Page
and various other things. It is not possible to separate the
problems of environment from population growth as they are directly
related. If unchecked population growth is ignored, future efforts
to solve the problem will have to be more drastic. The vital pre-
requisite for any action nationwide is local support. Some City
governments have already adopted population resolutions, and within
the next five years every City government in the country will be
asked to support a resolution on the subject, not as a local issue,
but as a nationwide issue.
Mr. Phillips answered questions directed to him by members
of the Council. Several Councilmen indicated that they could not
support the proposed resolution in its present form. It was moved
by Councilman Whittemore that the petition and resolution be
received, placed on file, and the matter referred to the proper
committee for study and recommendation.
Councilman Bleecker asked if it would be proper to move
that Council action be taken on the resolution tonight. As pointed
out previously, a similar request was presented to the Council some
time ago, and he feels that rather than refer it to a committee
and perhaps have it overlooked, the Council should take action
tonight so that the ZPG knows where the Council stands on the
issue.
Mayor Hart stated that if a Councilman wishes to call
for action at this time, he has every parliamentary right to do
so, and offered the suggestion that this matter be referred to the
Teen-Age Government Students to study and bring it back to their
Council meeting for debate next Wednesday.
Councilman Heisey commented that he feels it would be
appropriate for a Council Committee to study the proposed resolution
and come back with a recommendation, because as it is written he
would not be able to vote in favor of it.
After further discussion, Councilman Whittemore amended
his motion to refer the matter to the Governmental Efficiency and
Personnel Committee for study and recommendation back to the
Council. This motion carried unanimously.
122
Bakersfield, California, November 16, 1970 - Page 4
Correspondence.
Upon a motion by Councilman Heisey, communication from
Henry C. Mack, Jr., Attorney representing Atlantic Richfield
Company in connection with plans for construction of a service
station at the southwest corner of California and Chester Avenues,
was received and ordered placed on file.
Upon a motion by Councilman Rucker, communication from
Charles S. Dumble, County Surveyor, relative to the Formation of
an Urban Bakersfield Improvement District, proposed by the Kern
County Water Agency, was received and ordered placed on file and
referred to the Water and City Growth Committee for study and
recommendation.
Council Statements.
Councilman Heisey read a communication from.Mr. Leonard
McKaig, who stated that he endorses in principle the proposal to
form a Metropolitan Transit District and also the idea that the
City's contract with the Union Avenue Sanitation District is ripe
for renegotiation. Councilman Heisey commented that Mr. McKaig
has vigorously opposed the City on many occasions and it is good
to have him on the City's side on these two issues.
Councilman Stiern nominated Mr. William H. Tatro to fill
the vacancy existing on the Civil Service Board for Miscellaneous
Departments. Councilman Rees nominated Mr. Walter Huber for this
position. Councilman Bleecker moved that the nominations be
closed, which carried unanimously. Roll Call Vote was taken on
nomination of Mr. Tatro, which carried as follows:
Ayes: Councilmen Bleecker, Heisey, Stiern, Vetter
Noes: Councilmen Rees, Rucker, Whirremote
Absent: None
Mr. William A. Tatro was declared appointed as a Member
of the Civil Service Board for Miscellaneous Departments to fill
the vacancy created by the resignation of Mr. Gerald H. Brock.
Bakersfield, Californ±a, November 16, 1970 - Page 5
Councilman Rees asked for a status report on the place-
ment of the Fire Alarm Operators in other City employment. He
stated it was his impression that the statement had been made these
four employees had not been fired, but were merely being transferred
to other departments. He asked how many had been transferred and
what the prospects of the. remaining operators were to be placed in
other positions.
City Manager Bergen stated that he had reported to the
Council several weeks ago that two of the girls have accepted new
positions in the City. The Miscellaneous Civil Service Board will
probably consider the qualifications of one of the other girls this
week, with the idea of certifying this employee. An Ordinance has
been prepared in draft form which would permit these employees to
leave their contributions in the Fire Department Retirement System.
This Ordinance will be submitted to the Council within a week or
two.
Councilman Whittemore reminded Mr. Bergen that the time
is growing short and asked if a sustained effort is being made to
find positions for the other two Alarm Operators. Mr. Bergen stated
that Department Heads with vacancies have and are interviewing the
other two girls.
Councilman Stiern stated that he thinks Mr. Bergen's
comments are appropriate, inasmuch as the Council at its September
28th meeting asked him to report back within 30 days relative to
the work assignments of these four Fire Alarm Operators.
Reports.
Councilman Stiern moved that report from Elmer Fox &
Company of examination of the accounts and records of the City of
Bakersfield for year ended June 30, 1970, be received and referred
to the Budget Review and Finance Committee. Councilman Vetter
remarked that in his opinion it would be more appropriate to refer
this report to the Governmental Efficiency and Personnel Committee.
Councilman Stiern withdrew his motion and Councilman Vetter moved
that the report be received, filed and referred to the Governmental
Efficiency and Personnel Committee. This motion carried unanimously.
124
Bakersfield, California, November 16, 1970 - Page 6
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 1594
to 1652 inclusive, in amount of $153,588.70, as audited by the
Voucher Approval Committee, were allowed and authorization was
granted £or payment.
Action on Bids.
Upon a motion by Councilman Vetter, low bid submitted by
Galprin Supply Company for Fire Hose was accepted and all other
bids were rejected.
The'Council discussed bids received for the construction
of Water Pollution Control Facility for Southwest Bakersfield.
Four bids were received for this project varying from a low bid
of $968,350 to a high bid of $1,098,540. These figures are for
the base bid of the project. The bid form allowed for bidding of
alternate mechanical equipment. At this time it is not possible
to fully evaluate the alternate equipment, therefore, it was
recommended by the staff that the base bid be accepted and if the
alternate equipment proves to be acceptable and does not result
in an increase in the base bid ~ontract amount~ a Change Order
accepting the alternate equipment be issued subsequent to the
award.
Councilman Bleecker commented that he was not sure what
he would be voting on in connection with this bid and asked for an
explanation £rom the Director of Public Works. Mr. Jing stated
that letters on the bid analysis were mailed to members of the
Council with their agenda packet and asked Mr. Cormell of Engineer--
ing Science to answer any questions of the Council.
Mr. Cormell stated that bids were received as a lump sum
bid and alternate mechanical equipment was listed on the bid form.
The base bid was on Alternate A of each piece of mechanical equip-
ment. The City has the privilege to take any other alternate
piece of equipment it desires. The equipment that is selected
will then either increase or decrease the lump sum contract price
depending upon the item as compared to the base item. It is recom--
mended that the City proceed with the award on the base bid and
subsequent to the award, they will negotiate with the contractor
Bakersfield, California, November 16, 1970 - Page 7
by a Change Order which will reflect any decrease or increase in
the cost.
After further discussion, upon a motion by Councilman
Bleecker, action was deferred until the Council has an opportunity
to obtain additional information and study the recommendations
made by the staff. This motion carried unanimously.
Adoption of Resolution No. 79-70 of
the City Council authorizing a Contract
for repair of Sewer Line on an emergency
basis.
Upon a motion by Councilman Rucker, Resolution No. 79-70
of the City Council authorizing and ratifying Contract to Field
and Gooch for repair of Sewer Line on an emergency basis, was
adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Adoption of Ordinance No. 1892 New
Series of the City of Bakersfield
amending Section 11.04.753 of the
Municipal Code establishing a Speed
Limit on Oswell Street.
Upon a motion by Councilman Rees, Ordinance No. 1892
New Series of the City of Bakersfield amending Section 11.04.753
of the Municipal Code establishing a Speed Limit on Oswell Street,
was adopted by the following vote:
Ayes:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Adoption of Ordinance No. 1893 New
Series of the City of Bakersfield
amending Section 11.04.791 of the
Municipal Code establishing a Speed
Limit on South Real Road.
Upon a motion by Councilman Vetter, Ordinance No. 1893
New Series of the City of Bakersfield amending Section 11.04.791
of the Municipal Code establishing a Speed
was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whirremote
Limit on South Real Road
Noes: None
Absent: None
12 6
Bakersfield, California, November 16, 1970 - Page 8
Ayes:
Noes: None
Absent: None
Adoption of Ordinance No. 1894 New
Series of the City of Bakersfield
amending Chapter 16.24 of the Muni-
cipal Code requiring the undergrounding
of all utilities in new subdivisions.
Upon a motion by Councilman Whittemore, Ordinance No.
1894 New Series of the City of Bakersfield amending Chapter 16.24
of the Municipal Code requiring the undergrounding of all utilities
in new subdivisions, was adopted by the following vote:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Extension of time granted Dicco, Inc.
for the Improvement of Lakeview Avenue
from Brundage Lane to S.P.R.R. Asphalto
Branch.
Upon a motion by Councilman Rucker, extension of time
was granted Dicco, Inc. of Contract No. 85-70 for the Improvement
of Lakeview Avenue from Brundage Lane to S.P.R.R. Asphalto Branch.
The extension would change the completion date for this project
from November 18, 1970 to January 6, 1971.
Approval of Construction Change Order
No. 1 for Contract No. 60-70 to Safety
Electric Company for the installation
of Traffic Signal and Highway Lighting
System at the intersection of Oswell
Street and Auburn Street.
Upon a motion by Councilman Rees, Construction Change
Order No. i to Safety Electric Company in amount of $164.97 for
the installation of Traffic Signal and Highway Lighting System at
the intersection of Oswell Street and Auburn Street, was approved.
Adjournment.
There being no further business to come before the
Council, upon
adjourned at 9:30 P.M.
a motion by Councilman Vetter,
MAY '~~ '~ty o~f Baker s field,
ATTEST:
of the City of Bakersfield, California
the meeting was
Calif.
Bakersfield, California, November 23, 1970
127
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., November 23, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend T. E.
Davis of the Hillcrest Baptist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees,
Stiern, Vetter, Whittemore
Absent: None
November
to nominate Mr. William A. Tatro as
Board for Miscellaneous Departments
Councilman Stiern made a motion that
16, 1970 be changed to reflect that it
a member of
to fill out
Rucker,
the minutes of
was his intention
the Civil Service
the term of Gerald
H. Brock expiring on December 31, 1970, and that he be re-appointed
for a four year term expiring December 31, 1974. This motion
carried unanimously.
Minutes of meeting of November 16, 1970 were then approved
as corrected.
Scheduled Public Statements.
Ensign Andy C. Robertson, a 1970 graduate of the United
States Naval Academy, addressed the Council stating that he works
in the Los Angeles area recruiting service and through the offices
of Councilman Heisey had been invited to Bakersfield to talk to the
young men in this City. He stated he has had the best possible
cooperation from all of the high school counselors and the young
men in the area have expressed a great deal of interest in the
Naval Academy program. He thanked the Mayor for permitting him to
speak to the Council and express his appreciation.
Councilman Heisey emphasized the fact that this last
year the largest number of young men in its history have made
application to the Naval Academy. He pointed out thai this is
particularly significant and would indicate that the majority of
the young men in the country are eager to fill their honorable
obligation to their nation.
Bakersfield, California, November 23, 1970 - Page 2
Andrew Hout, a senior at West High School and a repre-
sentative of the "Right to Life Committee" read a statement
requesting the City Council to act to protect the life of every
individual at every state of life and urging that any requests
for endorsement of resolutions, etc. be screened for anti-life
implications.
The Reverend Otis McAllister of 1500 Cheatam Avenue,
addressed the Council, stating that as a concerned minister of
Bakersfield, he and his group were present tonight to urge the
Council to reconsider the sewage problem in southeast Bakersfield
and accept the proposed Federal Grant of $524,298, so that the
whole community can be upgraded. He stated that approximately
2,000 minority citizens were dependent on the decision of the
Council and thanked the Council for giving him the opportunity
to speak.
Councilman Whittemore pointed out to Reverend McAllister
thai the City Council is not the agency to give local approval to
proposed Federal Grants, this determination will be made by the
Kern County Council of Governments made up of a representative
from each of the cities in the County and one from the Board of
Supervisors, which will meet on December 1, 1970. He earlier had
asked for a postponement of this meeting until such time as he
could discuss with the City Council the matter of renegotiating
the contract with the Union Avenue Sanitation District which has
been in effect for approximately 20 years, whereby this district
will be paying its fair share for the treatment of sewage at the
City's plant. The issue is in Committee at the present time and
a report will be submitted before the December first meeting which
will instruct Councilman Whittemore, as the City's representative,
what course of action to take.
During discussion, it was brought out that the matter
of renegotiating the contract was referred to the City-County
Cooperation Committee, and that it will be necessary to meet
either some time this week or by Monday in order to make a report
to the Council before the December 1st deadline.
Bakersfield, California, November 23, 1970 - Page 3
129
Director of Public Works Jing reported that the Board
of Supervisors had instructed the County Administrative Officer
to have the County Staff meet with the City Staff to discuss
various aspects of the Union Avenue Sanitation District Agreement,
and that it was hoped to schedule this meeting some time this week.
Councilman Stiern commented that the members of the City-
County Cooperation Committee stand ready to meet with representatives
of County Government any time to attempt to work out a solution to
the problem. There is no opposition on the part of the Council
toward receiving a Federal Grant for construction of the sewers
in southeast Bakersfield. There is, however, a need to clarify
an old agreement which was entered into years ago, and his Committee
is ready to meet in good faith with representatives of County
Government to negotiate and work out any differences that exist.
However, he wishes to have City Manager Bergen, who is attending
a meeting in San Francisco, present at any meeting held for this
purpose.
Councilman Rucker remarked he was happy that it was
brought out that the City Council does not make the decision to
approve or disapprove the Federal Grant.
Councilman Whirremote expressed concern that a meeting
had not been held earlier, stating that it should have been
scheduled at least two weeks ago. He recommended that the joint
staffs meet by tomorrow and that Dr. Stiern, as Chairman, schedule
a Committee meeting as soon after that as possible.
Supervisor Milton Miller asked for permission to speak
to the Council, stating that he is quite concerned about this
matter and feels that the Board of Supervisors does want to rene-
gotlate this contract at a fair cost, however, an arbitrary cost
figure would not be acceptable, and he does not want the people in
this area deprived of federal money. He invited the City-County
Cooperation Committee to meet with the Board of Supervisors tomorrow
to discuss the matlet of renegotiating the contract in good faith
and urged that the conditions be reasonable and at a fair cost.
130
Bakersfield, California, November 23, 1970 - Page 4
Mayor Hart reminded Supervisor Miller that Councilman
Stiern had stated the City was prepared to act in good faith, and
he didn't want the issue debated at this meeting.
City Attorney Hoagland advised that the City staff was
making an analysis of the terms of the contract at the present
time in line with what has been said, and expects to present a
report to the Committee on Wednesday. Mr. Bergen is out of town
and he therefore does not foresee any chance of holding a Committee
meeting with the Board of Supervisors tomorrow. He reminded the
Council that the Board itself had delegated negotiation of the
contract to its staff and he does not know at the present time
whether that request has been changed.
Mayor Hart commented that it is the intention of the
Council to renegotiate this contract to the advantage of the
community and to the advantage of all the people, and that he is
a bit tired of the Council Chambers becoming a battleground with
the inferences that the Council is engaging in some sort of shady
deal to deny certain segments of society the things to which they
are entitled. He suggested that he be permitted to canvass the
members of the Committee tomorrow in order to have the positive
representation that the City needs to participate in the issue.
To his knowledge, no member of the Council has ever spoken out
against the Federal Grant, and he wants it understood that the
Council is not attempting to deny any group anything.
Councilman Bleecker commented that if the procedure has
been determined to renegotiate the agreement whereby the City can
come out "whole", he would strongly suggest that before the City
agrees to a Federal Grant, some assurance be received from the
Board of Supervisors that this contract will be renegotiated and
that these negotiations precede any approval of a Federal Grant.
He does not feel that the City can continue to take somebody's
word about what they are going to do without clear, concise bona-
fide action in dollars and cents from the County of Kern.
Bakersfield, California, November 23, 1970 - Page 5
Council Statements.
Mayor Hart welcomed Cub Scout Pack 33 and Cubscoutmaster
Lee Reed who were observing the Council meeting as a required field
study on government.
Councilman Heisey stated that he had received a letter
from the Myra Noble School PTA concurring with the recommendations
of the College Heights School PTA, in regards to the school crossing
on Height Street. He stated that a staff meeting will be held this
Wednesday with a representative from the State Division of Highways
at which time they hope to work out a solution to the problem. He
will keep the Council posted on the outcome of the meeting.
Councilman Heisey stated that he was the City's repre-
sentative at a meeting of the South San Joaquin Division of the
League of California Cities held in Chowchilla on November 20, 1970.
Mayor Smotherman of Arvin, as retiring President, was presented
with a plaque in recognition of his services, and the Mayor of
Chowchilla was installed as President of the League for this year.
State President Mayor Clifford Loader. of Delano delivered the
principal address of the evening.
Councilman Rucker asked when bids will be opened for
Public Improvement District No. 854, which provides for the con-
struction of curbs, gutters, sidewalks and driveway approaches in
an area in his ward. Public Works Director Jing stated that the
bids will be opened tomorrow. Councilman Rucker asked that the
work be delayed on this construction until after the Christmas
season and Mr. Jing stated he will arrange to schedule the work
until after the holidays.
Councilman Bleecker stated he was very happy with the
concise statement made by the Right to Life Committee; that he
was one Councilman who would give a lot of consideration to this
statement when the time comes to take action on the Population
Resolution which was submitted to the Council last week.
132
Bakersfield, California, November 23, 1970 - Page 6
Reports.
Councilman Whittemore, Chairman, reported that the
Governmental Efficiency and Personnel Committee has recently
held meetings to incorporate into the Bakersfield Municipal Code
the policy decisions recently adopted by the City Council in
connection with the Fire Alarm Bureau, as well as one other
change which is described in this report. Each recommendation
is separate and may be acted upon separately if the City Council
wishes to give further consideration to any specific item listed.
ITEM NO. 1 Y-Rating
During the recent discussions involving the Fire Alarm
Operators, this Committee went on record and the City Council
concurred, that these employees accepting a lower paying position
in the face of having their positions eliminated should nor have
their salaries reduced. In order to implement this policy, the
Personnel and Compensation Ordinance will have to be amended to
permit the "freezing" of an employee's salary under certain
conditions. It was therefore recommended that first reading be
given an Ordinance of the Council of the City of Bakersfield
amending Chapter 3.18 of the Municipal Code by adding Section
3.18.020 (b) (5), Y-Rating, Positions Abolished.
ITEM NO. 2 - Retirement Contribution
One of the problems of the Fire Alarm Operators in
accepting employment in another depar.tment was the fact that the
present Fire Department Retirement System requires they withdraw
their retirement contributions unless they are 55 and have 20
years of service. This would work a hardship on some employees,
especially employees with more than 10 years service accepting a
position in another department of the City. The Committee recom-
mended appropriate changes be made in the Fire Department Retire-
ment System to present this hardship. This recommendation was
made to the Fire Department Disability and Retirement Board, and
they have recommended that the Fire Department Relief and Pension
Fund Ordinance be amended as outlined in their memorandum of
September 28, 1970. A copy of the above mentioned memorandum is
Bakersfield, California, November 23, 1970 - Page
attached to this report. Specifically, the two sections that have
been recommended for adoption by this Council deal with (1) per-
mitting employees who transfer from the department or terminate
from the City, in certain circumstances~ to leave their retirement
contributions in the Fire Department's Retirement Program, and (2)
the contribution rate of employees who return to service with the
Fire Department. First reading was considered given to an Ordinance
of the City of Bakersfield amending Chapter 5.38 to the Municipal
Code by adding Sections 5.38.162 and 5.38.164.
ITEM NO. 3 - Eligibility for Medical Insurance
Officials
employees
section
some of
Section 3.22.020 (d) Eligibility of Employees and Elected
should be changed in view of the fact that all City
are not paid biweekly. The present working of this
is based on the fact that the City was previously paying
its employees on a semimonthly basis.
After discussion and explanation by City Attorney
the report
Hoagland, upon a motion by Councilman Whittemore,
was adopted.
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 1653
to 1802 inclusive, in amount of $137,201.78, as audited by the
Voucher Approval Committee, were allowed, and authorization was
granted for payment.
Action on Bids.
Upon a motion by Councilman Bleecker, bid of Hemisphere
Construction Company for the Construction of Water Pollution Control
Facility for Southwest Bakersfield was accepted, all other bids
were rejected, and the Mayor was authorized to execute the Contract.
Upon a motion by Councilman Rucker, Change Order No.
to Hemisphere Construction Company decreasing the base bid price
for the Construction of Water Pollution Control Facility for South-
west Bakersfield in amount of $2,938.00, was approved and the
Mayor was authorized to execute same.
134
Bakersfield, California, November 23, 1970 - Page 8
Approval and Adoption of Revised
Specifications for Equipment
Operator III, Options 1 and 2.
Upon a motion by Councilman Rucker, revised specifications
for Equipment Operator III, Options 1 and 2, were approved and
adopted.
Acceptance of Work and Mayor author-
ized to execute Notice of Completion
for Contract No. 87-70 for Construction
of Storm Drain in 42nd Street and
Chester Avenue.
Upon a motion by Councilman Bleecker, the Work was
accepted and the Mayor was authorized to execute the Notice of
Completion for Contract No. 87-70 for Construction
in 42nd Street and Chester Avenue.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Heisey, the meeting was
adjourned at 8:55 P.M.
MA '~/~akersfield, Calif.
of Storm Drain
ATTEST:
~rx-Officio Clerk of the Council
of the City of Bakersfield, California
Bakersfield, California, November 30, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., November 30, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Paul
L. Lehman of the Mennonite Brethren Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker,
Stiern, Vetter, Whirremote
Absent: None
Minutes of the regular meeting of November 23, 1970 were
approved as presented.
Scheduled Public Statements.
Mr. Tsun Hat Lee, President of Planned Parenthood
Association and Director of Health Education at Kern County Health
Department, addressed the Council, stating that he was present in
support of the Resolution submitted by Zero Population Growth
organization. This Resolution was co-authored by Senator Joseph
Tydings of Maryland and other responsible United States Senators.
Mr. Lee showed film slides of a recent trip to Hong Kong, Singapore
and other oriental countries to stress what can happen when there
are too many people on too little land and to dramatize Zero
Population Growth's plea for Council support of voluntary curbs
on population.
Mr. Joe Fontaine, Chairman of the local chapter of the
Sierra Club, made a statement in support of the Zero Population
Growth Resolution. He pointed out that the population explosion
has seriously disturbed the ecological relationship between mankind
and his environment. It has caused increasing scarcity of wildlife
and has impaired the beauty of whole regions, as well as reduced
the standard and quality of living. The ecological problems presently
plaguing the world are already enormous and can become even worse
if the population keeps on increasing. The petition from Zero
Population Growth to the City Council does not recommend any method
of population control, there is no reference to abortion. The
136
Bakersfield, California, November 30, 1970 - Page 2
Council is being asked to endorse population control in principle
and to assume its responsibility to present and future generations
by contributing to the solution o£ the foremost problem that man-
kind faces today; namely, overpopulation.
Mr. D. H. Whipple, who resides at 1408 West Point Drive,
addressed the Council, stating that to him the proposed Resolution
is a gross over-simplification of man's problems. Changing
slovenly ways regarding
pollution than limiting
presented is so general
litter will do more in the eradication of
total population. The Resolution as
in nature, so vague as to method~ so mis-
directed in its aim and so gross in the complications its imple-
mentation would produce, that it is completely and utterly worth-
less and should be rejected by the Council.
Councilman Vetter stated he appreciated Mr. Whipple's
remarks and thanked him for his statement. As mentioned by Mr.
Fontaine, the Zero Population Growth Resolution did not refer to
abortion~ but it is a fact lhat the abortion laws will be liberalized
if the government enters into a program of limiting the population
to x-number of people. He would very strongly oppose a Resolulion
of this nature for that reason.
Councilman Stiern stated that he appreciated all the
presentations that have been made and that he would like answers
to several questions which occurred to him last week. An altruistic
approach to the problem is fine, but if having more than two children
were to be prohibited in this country, he would like to know who
would decide what the punishment will be and who will carry it out..
Is euthanasia the answer, and if it is~ who decides it, who carries
it out.
Councilman Vetter commented that the fact was brought
out at the Sludent Council meeting last week that population
control
citizens
will not
people who have more
is voluntary. However, when the government decides that
are not following its controls on population, then it
be voluntary, it will result in a punishment for those
than two children.
Bakersfield, California, November 30, 1970 - Page 3
! 37
Robert Birchfield, Student Mayor who presided at Teen
Age City Government Day on November 18, 1970, presented the Council
with recommendations in the form of Resolutions, adopted by the
Student City Council, and stated that the experience for the 75
high school students who participated in Student Government Day
had been most beneficial and that these students came away with
renewed confidence in the 'Establishment', or the City Council.
He asked the Council to endorse the recommendations
adopted by the Student City Council in the following Resolutions:
1. Resolution requesting the adoption of the
Tydings Resolution concerning population
control.
2. Resolution requesting City Council action
regarding the harmful conditions of rail-
road crossings within the City Limits;
specifically, the railroad tracks at F
Street and 14th Street, and G Street and
14th Street.
3. Resolution requesting City Council investi-
gation and action concerning the acute
traffic congestion on 24th Street.
4. Resolution requesting that the City Council
recommend that a student from one of the
Kern High School District schools be placed
as a voting member on the Board of Trustees.
5.Resolution requesting better police protection
at school functions.
6. Resolution requesting the establishment of a
Student Advisory Commission and the establish-
ment of a Student Advisor responsible to the
City Council comprised of City High School
students.
Councilman Vetter commented on the Resolution requesting
better police protection at school functions and asked for a
clarification. Mr. Birchfield stated that according to one school
administrator, there was a lack of police attention both inside
and outside of the dances, that there had been instances where
police officers present had ignored what was transpiring inside
the dance building, that the consuming of liquor and other illegal
activities had been going on without any crackdown from the police
officers. Both administrators and students were dissatisfied and
there were specific instances where neglect was apparent on the
part of the officers present.
Councilman Vetter asked if students expected the police
officers to exercise more control at a dance and Mr. Birchfield
13S
Bakersfield, California, November 30, 1970 - Page 4
replied that students lelt the police should be totally aware of
what was happening inside and outside the dance and that had not
always happened in the past. Councilman Vetter asked if guide-
lines were set out by the School District and the code was violated~
what position was taken by the administrators present. Mr. Birch-
field replied that they would eject the student. Councilman Vetter
commented that he does not believe it is the role of the police
ofiicer to patrol a high school dance and judge the activities of
the students present.
After considerable discussion, Councilman Vetter commented
that he would like to see a list made up by school administrators
setting out the duties and
patrolling school dances.
this list to the Council.
responsibilities of police officers
Mr. Birchfield stated he would furnish
Councilman Stiern commented that he thinks it is the
responsibility of the school administrators to call any problem
relative to the functioning of police officers to the attention
of the Council or the Chief of Police. Also, if any illegal acts
were being performed, the administrators, or the chaperons, could
have ejected the offendors, or closed the dance. He suggested
that a delegation of students call on the Chief of Police and
discuss the matter of police protection at student dances and be
explicit in what students expect in the way of surveillance of
student activities.
Councilman Heisey complimented Mr. Birchfield on his
presentation stating that the recommendations will be given full
Council consideration and he will be informed of the Council's
disposition of each of the resolutions.
City Manager Bergen commented that the subject of in-
adequate police protection at student dances was brought up by a
student from North High School, which is not in the incorporate
limits of the City of Bakersfield, and it was discussed at the
public Student Council meeting. However, he has never been con-
tacted by any school administrator regarding insufficient police
protection being afforded to any school within the City of Bakers-
field.
Bakersfield, California, November 30, 1970 - Page 5
139
Councilman Stiern moved that the Resolutions and recom-
mendations presented by Student Mayor Birchfield be received and
placed on file and referred to the appropriate Council Committee
for study. This motion carried unanimously.
Councilman Whirremote asked the Council to recognize
Mr. Randall Dickow, who addressed the Council, stating that he was
a member of several civil and environmental organizations, ZPG
being among them, and that he wished to clarify the purpose behind
the views of the Zero Population Growth Resolution. He then
answered questions posed by the Council.
Councilman Vetter asked Mr. Dickow if ZPG endorses
liberalized abortion laws. Mr. Dickow stated the political plat-
form of ZPG endorses changing the abortion laws to the point where
a choice lies between a woman and her doctor. ZPG believes that
State legislatures cannot legislate morally, that it is unconsti-
tutional to legislate for a person's health and welfare. It is
advocated that the laws be changed to permit abortion if religious
or moral convictions are not violated. He went on to say that the
abortion laws discriminate against the poor, that a wealthy person
in this state can have an abortion performed whenever desired.
Councilman Stiern took exception to this statement, and Mr. Dickow
stated that statistics will bear this out. He stated that ZPG and
other organizations would like to arrange a meeting with the
Governmental Efficiency and Personnel Committee to discuss this
issue, rather than take up the Council's time tonight.
Councilman Vetter stated this issue is very important
and these points should be discussed in the open. He said that he
takes exception to the stand the ZPG has taken that the government
ought to permit a woman to say whether or not she will bear a child.
The ZPG is forgetting that the child is there; everyone talks about
the rights of the parents, what about the rights of the unborn
child, who is watching out for him?
Mr. Dickow asked what is more immoral than to bring a
child into the world into the type of environment that would
develop if he were not wanted.
14O
Bakersfield, California, November 30, 1970 - Page 6
After additional discussion, Mayor Hart thanked Mr.
Dickow for expressing his views before the Council.
Correspondence.
Upon a motion by Councilman Stiern, communication from
William M. Ketchum, Assemblyman 29th District, enclosing a copy
of an Attorney General's Opinion on the legality of cities~
chartered and non-chartered, entering into a performing contract
with the State Board of Equalization for the collection of Sales
and Use Taxes after the repeal of the County Uniform Sales and
Use Tax Ordinance, was received and ordered placed on file.
Upon a motion by Councilman Stiern, communication from
Owen A. Kearns, M. D.~ Health Of£icer, Air Pollution Control Officer~
Re: Burning at the Bakersfield Sanitary Landfill, was received and
ordered placed on file and referred to the City Manager for any
necessary action.
Council Statements.
Councilman Heisey placed the name of Mr. Don Whipple in
nomination for re-appointment as a Member of the Civil Service
Board for Miscellaneous Departments, for four years term expiring
December 31, 1974. Councilman Bleecker seconded the nomination.
Councilman Whittemore questioned making the appointment until Mr.
Whipple's present term on the Board has expired, that it would be
setting a precedent. Roll call vote was taken on Councilman
Heisey's motion, which carried as follows:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter
Noes: Councilman Whirremote
Absent: None
City Manager Bergen informed the Council that the next
meeting of the Bakersfield Redevelopment Agency will be held
December 9, 1970 at 7:30 P.M., in the Council Chambers of City
Hall, and invited all Councilmen to attend.
Reports.
Councilman Stiern reported that a meeting had been held
between the City-County Cooperation Committee of the Board of
Supervisors and the corresponding Committee of the City Council,
in the Caucus Chambers of the City Hall on Wednesday, November 25,
1970.
Bakersfield, California, November 30, 1970 - Page ?
Attending were Supervisors David Fairbairn and Milton
Miller and Councilmen Bleecker, Stiern and Whittemore. The City
members felt that a definite expiration date should be set to the
contract with the Union Avenue Sanitation District. Also, if
future annexations are made to the District, those annexations
should be approved by the City, inasmuch as it is the concern of
the City to handle the additional effluent which could result in
an overloading of the City plant. The matter of rates charged to
the residents of the Union Avenue Sanitation District should be
reviewed to provide that these residents are paying their fair
share of the costs. The Supervisors present indicated that the
City had a legitimate cause for discussion and agreed to take the
problem back to the Board of Supervisors for review.
The Councilmen present at the meeting asked that a letter
of understanding be sent to the City-County Cooperation Committee
by Chairman Webb indicating that there was general Board concur-
rence with the City's request, and Councilman Stiern stated that
he understands this letter is forthcoming.
In view of the progress made at this meeting and the
friendly manner in which the discussions took place, the Committee
felt that the City's problem with the Union Avenue Sanitation
District should in no way interfere with the application for a
Federal Grant which has been made to build sewer lines in south-
east Bakersfield to serve minority residents. Councilman Stiern
moved that Councilman Whittemore be instructed to vote in favor
of the application for a Federal Grant when it is reviewed at the
meeting of the Kern County Council of Governments on December 1,
1970. This motion carried unanimously.
Councilman Whittemore stated he would like to express
his appreciation to Supervisors Fairbairn and Miller for attending
the meeting to discuss this problem. He feels that the two govern-
mental bodies have approached the point where they are meeting in
a complete spirit of cooperation. He will attend the meeting
tomorrow evening and convey the Council's decision to the Kern
County Council of Governments.
142
Bakersfield, California, November 30, 1970 - Page 8
Councilman Vetter commented that he was unable to attend
this meeting, but he, too, is pleased with the mutual understanding
and cooperation which has developed between the Board of Super-
visors and the City Council.
Supervisor David Fairbairn who was present in the
audience, expressed his personal appreciation to every member of
the Council as he has worked with each one of them at one time or
another. There have been many problems, but he feels that solutio:ns
to them are being worked out in a friendly fashion.
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 1802
to 1848 inclusive, in amount of $21,195.43, as audited by the
Voucher Approval Committee were allowed and authorization was
granted for payment. Budget Transfer in amount of $29,612.12,
from Fund No. 33-510 to Fund No. 33-655, to establish a budget
appropriate for the Gas Tax Fund Allocation for Engineering
purposes, and Budget Transfer, in amount of $3,700, from Fund No.
11-563 to Fund No. 85-563 to provide for a self insurance fund
to be maintained to cover property damages not otherwise covered,
were approved at this time.
Deferred Business.
Upon a motion by Councilman Rucker, Ordinance No. 1895
New Series of the City of Bakersfield amending Chapter 5.38 to the
Municipal Code by adding Sections 5.38.162 and 5.38.164, was
adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Upon a motion by Councilman Whittemore, Ordinance No.
1896 New Series of the Council of the City of Bakersfield amending
Chapter 3.18 of the Municipal Code by adding Section 3.18.020 (b)
(5), Y-Rating--Positions Abolished, was adopted by the following
vote:
Ayes:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Bakersfield, California, November 30, 1970 - Page 9
Re-appointment of Kenneth Hoagland,
City Attorney, as Member of the
Board of Zoning Adjustment.
Upon a motion by Councilman Stiern, City Attorney Kenneth
Hoagland was re-appointed as a Member of the Board of Zoning Adjust-
ment for a three year term expiring December l~ 1973.
Adoption of Resolution No. 80-70 of
Award of the City Council of the City
of Bakersfield, California, awarding
the Contract for doing the Work in
"Public Improvement District No. 854",
pursuant to the Resolution of Intention
adopted by said City Council on the 28th
day of September, 1970.
After discussion, upon a motion by Councilman Rucker,
Resolution No. 80-70 of Award of the City Council of the City of
Bakersfield, California, awarding the Contract for doing the Work
in "Public Improvement District No. 854", to Joe C. Brown, pursuant
to a Resolution of Intention adopted by said City Council on the
28th day of September, 1970, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter~ Whirremote
Noes: None
Absent: None
City Attorney Hoagland pointed out that with the adoption
of the Resolution awarding the Contract to Mr. Brown~ he can com-
mence the Work fifteen days after signing the Contract and since
Councilman Rucker has requested that the performance of the work
be delayed until after the holiday season, it may require a change
in the contract date by mutual consent. This action was approved
by the members of the Council.
Reception of County Clerk's Certificate
of Votes Cast at the General Election
held November 3, 1970 on City Measures.
Upon a motion by Councilman Bleecker, the County Clerk's
Certificate of Votes Cast at the General Election held November 3,
1970 on City Measures was received and ordered placed on file. The
144
Bakersfield, California, November 30, 1970 - Page l0
Votes
cast on City Measures
Measure A Proposition 1
Measure B - Proposition 2
Measure C - Proposition 3
Measure D - Proposition 4
are as follows:
Yes No
9,473 14,748
12,870 9,425
17,003 5,252
14,875 7,758
Approval of Joint Exercise of Powers
Agreement between the County of Kern
and the City of Bakersfield.
Upon a motion by Councilman Rucker, Joint Exercise of
Powers Agreement between the County of Kern and the City of Bakers.-
field which specifies the responsibility and share of costs for
operation and maintenance of traffic signals at intersections of
E. California Avenue and Baker Street, Brundage Lane and King
Street, and Brundage Lane and Lakeview Avenue, was approved and
the Mayor was authorized to execute same.
Acceptance of Grant Deed from Ming
Center Investment Company for drain-
age sump located south of Ming Avenue
between Akers and Stine Road.
Upon a motion by Councilman Heisey, Grant Deed from Ming
Center Investment Company for drainage sump located south of Ming
Avenue between Akers Road and Stine Road, was accepted.
Approval of Drainage Agreement between
the City of Bakersfield and Ming Center
Investment Company.
Upon a motion by Councilman Vetter, Drainage Agreement
between the City of Bakersfield and Ming Center Investment Company
was approved and the Mayor was authorized to execute the agreement..
Approval of Plans and Specifications
and Finance Director authorized to
advertise for bids for paving of
Service Drives in California Avenue
Park and Resurfacing of portions of
Chester Avenue and "F" Street.
Upon a motion by Councilman Stiern, the plans and speci-
fications were approved and the Finance Director was authorized to
advertise for bids for paving of service drives in California
Avenue Park and Resurfacing of portions of Chester Avenue and "F"
Street.
Bakersfield, California, November 30, 1970 - Page ll
City of Bakersfield.
posted and no written
Office.
Hearings.
This is the time set for public hearing before the Council
on Resolution of Intention No. 861 declaring its intention to order
the vacation of a Public Service Easement in Lot 40, Tract 3334,
This hearing has been duly advertised and
protests have been filed in the City Clerk's
Mayor Hart declared the meeting open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation and action. Upon a
motion by Councilman Heisey, Resolution No. 81-70 ordering the
vacation of a Public Service Easement in Lot 40, Tract 3334, City
of Bakersfield, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Upon a motion by Councilman Whittemore, Grant Deed from
Deeter Construction, Inc. for the.west 3 feet of Lot 39, Tract 3334,
City of Bakersfield, was accepted.
This is the time set for public hearing before the Council
on an appeal by H. J. Hendricks to the decision of the Board of
Zoning Adjustment denying application for a modification of an R-1
(Single Family Dwelling) Zone to permit the construction of a
garage with reduction of the rear and side yard setbacks from the
required 5' to 0' and 8" respectively, at 1408 Shattuck Avenue in
the City of Bakersfield.
This hearing has been duly advertised and posted and
notices sent to the property owners affected. The proposed garage
would be located on the rear property line and within 8" of the
side yard property line.
The application was denied primarily because the appli-
cant was not present at the hearing to answer questions of the
Board concerning structural problems involved in the proposed
garage. The Building Department has re-evaluated the request with
the applicant relative to the structural problems and recommends
approval of this modification subject to the applicant complying
with the City Building Code.
146
Bakersfield, California, November 30, 1970 - Page 12
Mayor Hart declared the meeting open for public partici-
pation. Mr. H. J. Hendricks, the applicant, was present to answer
any questions posed by the Council. No protests or objections
being received, the public hearing was closed for Council delibera-
tion and action. Councilman Heisey commented that the structural
problems have been resolved to the satisfaction of Mr. Olsson,
the
the
for
Building Director. Planning Director Sceales advised that
adjacent property owner had signed Mr. Hendrick's petition
the modification.
Upon a motion by Councilman Bleecker,
No. 232 granting modification of an R-1 (Single
Zone to permit the construction of a garage with reduction of
rear and side yard setback, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Bleecker, the meeting was
adjourned at 10:05 P.M.
M ld,
Zoning Resolution
Family Dwelling)
the
Calif.
ATTEST:
C~k and Ex-~)~fic~o~eert of the
of the City of Bakersfield, California
Council
Bakersfield, California, December 7, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield held in the Council Chambers of the City Hall
at eight o'clock P. M.~ December 7, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Alonzo
Heath of the Bakersfield Rescue Mission.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Heisey, Rees~ Rucker~ Stiern,
Vette% Whittemore
Absent: Councilman Bleecker
Minutes of the regular meeting of November 30, 1970
were approved as presented.
Scheduled Public Statements.
Wesley Eugene Borer addressed the Council, asking who
hates Bakersfield and why the biggest hotel in the City, the Padre,
is locked up above the second floor. He would like to have it
opened up so he can obtain a room there. He asked Mayor Hart to
look into the matter and stated that if the hotel is opened, he
will see that the objectionable signs are removed.
Responding to a request from Councilman Rucker, City
Attorney Hoagland stated that all the other hotels in the City
of Bakersfield comply with the Uniform Building Code regarding
fire safety with the exception of the Padre Hotel which is closed
above the second floor by court order. The Council would be vio-
lating the court order if it permitted the hotel to be opened. An
appeal could be made to the Court to set aside its ruling, but the
City has gone to a lot of trouble and expense to prevail in that
ruling.
Correspondence.
Upon a motion by Councilman Rucker, communication from
Donald F. Harrison, Dean of Student Activities, thanking the
Council and City officials for conducting a successful Teenage
City Government Day, was received and ordered placed on file.
Upon a motion by Councilman Vetter, communication from
William M. Ketchum, Assemblyman~ 29th District, was received and
referred to the Legislative Committee. Mr. Bergen suggested that
Bakersfield, California, December 7, 1970 - Page 2
this committee make a list of suggestions for needed legislation
to be included in Assemblyman Ketchum's 1971 packet to the Legis-
lature, such as the forming of a Metropolitan Transit District,
revision of the annexation laws, the City's revenue problems, City-
County Sales Tax, etc.
Upon a motion by Councilman Stiern, communication from
P. K. Nicholas, partner of the Cue Ball, requesting that some
action be taken either by the City or the downtown merchants
relative to the removal of the blighted building adjacent to his
business on Chester Avenue, was received and placed on file and
referred to the City Staff for investigation and report back to
the Council.
Upon a motion by Councilman Stiern,
J. Charles Siplin expressing appreciation to the
of the Southeast Bakersfield Sewage Project, was
ordered placed on file.
Upon a motion by Councilman Stiern, communication from
Mrs. Carolyn G. Kelleher relative to population control, was
received and ordered referred to the Governmental Efficiency and
Personnel Committee.
Mayor Hart read a letter into the record directed to
Captain R. O. Price, from Mr. M. A. Zuniga, commending the Police
Department and highly praising Officer R. C. Ricards, Badge 171,
for his gentleness, kindness and calm guidance at the scene of a
motorcycle accident involving Mr. Zuniga's son and a girl friend.
Officer Ricards' quick action in giving the boy mouth to mouth
resuscitation probably saved his life and his encouragement to
the parents at the hospital was most gratefully received. Mr.
Zuniga closed the letter by stating that "if at times you get dis-
couraged with the few people who continually criticize your efforts;,
remember those many who actually can speak first hand about your
men and how they appreciate and marvel at what they do."
Mayor Hart commented that since taking office two years
ago, he has heard many charges of brutality and dereliction of
duty hurled at the Police Department, and such remarks as "Kill
the Pigs", etc. It is a pleasure to receive such a masterful
communication from
Council for support
received and
Bakersfield, California, December ?, 1970 Page 3
statement of dedication to duty, which is not really above and
beyond the call of duty, as every police officer is prepared to
conduct himsel£ in this fashion.
Councilman Stiern added that the officer involved probably
thought he was just doing his job and did not feel that he had in
any way acted in an outstanding manner.
Council Statements.
Councilman Heisey stated that pollution takes many forms
throughout the country, pollution of the waters, of the atmosphere~
of the parks and public domain, by noise level, and not necessarily
last, there is pollution by offensive, all-pervading, noxious odors.
He pointed out that for the last two weeks the citizens of Bakers-
field have been treated to a strong nauseous odor not unlike that
of a skunk~ which covers a wide area and has been so strong in some
parts of the community, that a person's clothing picks up and
retains the smell for extended periods of time. He has been advised
that a local refinery is no longer processing or burning mercaptan
crude in a closed recovery system not vented to the atmosphere,
but is selling this low value crude to other small refineries and
is therefore polluting the air.
He then made a motion that the Mayor write a letter to
the Chairman of the Air Pollution Board, with a copy to the Board
of Supervisors, urging a thorough investigation as to the reason
for, and source of, this pollutant~ and urging its abatement at
this time. This motion carried unanimously.
Councilman Stiern commented that there are certain issues
which he believes the City Council can enter into and make recom-
mendations. One o£ these is a proposed $6,000 pay hike for the
Supervisors~ to be reviewed by a blue-ribbon panel. It is his
understanding that the present salary of the Kern County Board of
Supervisors is $16,000, which is the third largest salary paid to
Supervisors in the State of California, a very considerable amount
for the job. Kern County is far from being the third wealthiest
county in the State.
He does not think that this is a matter for consideration
by a blue-ribbon committee appointed by the members of the Board oi
150
Bakersfield, California, December 7, 1970 - Page 4
Supervisors to determine whether or not they need a salary increase.
It would be more appropriate for the Supervisors to depend on the
judgment of the electorate and offer the issue to the tax-paying
voters for referendum at the next County election. He has received
innumerable phone calls within the last month from people who are
concerned about the high cost of County government; in some in-
stances County taxes on property have increased 50% within the
last year. He feels that there is a need for planned, cohesive,
administration in County government at this time, and that more
concern should be expressed for good government and less concern
for vote getting. If a blue-ribbon committee is appointed, he
would like to see it study and recommend reorganization of County
government from top to bottom.
He stated he is not at all satisfied with the performance
of the Board of Supervisors and he does not think the proposed
salary increase merits consideration. He asked City Attorney
Hoagland which type of approach would be more appropriate, a
resolution adopted by the Council, or a letter from the Mayor
suggesting that the matter of the proposed salary increase for
the Supervisors be presented to the people of the County for a
referendum vote.
Mr. Hoagland stated that he would think a letter from
the Mayor on behalf of the Council would suffice. He reminded
the Council that the last State Election apparently gave Super-
visors the power to set their own salaries at their own discretion,
and that the Board's action could be subject to a referendum. A
certain percentage of the voters at the last election would have
to sign a petition for a referendum, but obtaining enough signatures
could be a problem.
Councilman Stiern then moved that Mayor Hart be instructed
to write a letter to the Board of Supervisors, suggesting that an
appropriate manner of arriving at a determination of whether or
not their salaries should be increased, would be to submit the
matter to the voters of Kern County for a referendum vote at the
next general election, which he believes is in April.
Bakersfield, California, December 7, 1970 - Page 5
During discussion, Councilman Whittemore stated he agreed
with Councilman Stiern, as he voiced his feelings in the matter
when he read that salary increases were to be considered for the
Board of Supervisors. He pointed out that both the State Legisla-
ture and the United States Congress voted themselves large pay
raises last year, and all of these raises will be coming out of
the same taxpayers pocket. He expressed his support of Councilman
Stiern's motion, as he feels this is not the way to give the tax-
payers a break to increase the Supervisors' salary.
Councilman Vetter stated he would agree with the concept
of Councilman Stiern's comments, but he is not certain that this
is the prerogative of the Council to take a position to advise the
Board on what its actions should be. Personally, he would hope
that the Board's salaries are not raised $6,000 a year, because
it does come out of the taxpayers pocket.
Councilman Stiern explained that it is not his intention
that the Council tell the Board of Supervisors what to do, merely
that the Council suggest that if the Board wants to know how people
feel about it, that they put the matter before the voters of Kern
County for a referendum vote, that this would be a better way than
to submit it to a Supervisor-appointed blue-ribbon committee.
Councilman Rees commented that he believes Councilman
Stiern's motion has real merit, however, he thinks the proposed
salary increase is something quite widely known about and discussed.
The Council and the Board of Supervisors after a long history of
bickering over major and minor issues, are approaching some very
important areas where they should be in agreement for the mutual
good. He feels it would be untimely to raise any question about
salaries at this time, when it is hoped that harmonious action
will be taken on such projects as the multi-purpose building, the
support of various parks and the division of that support, even
the transit system, where there is the necessity for the Board to
cooperate with the City. He feels it would be untimely to point a
finger of accusation at the Board of Supervisors. ~
152
Bakersfield, California, December 7, 1970 - Page 6
Councilman Heisey commented that it is hard to put a
price on good County government; however, he strongly believes
that before there can be an e£ficient County form of government~
it will be necessary to change to a Charter form o£ government~
with a strong administrator who will efficiently run the County.
The Board of Supervisors should possibly receive a salary of
$500.00 a month and act as a Board of Directors. This would
result in trained professionals running the County in an e££icient
manner, instead of elected politicians coming in'who are not trained
£or that purpose. He thinks the community needs to give some
serious consideration to changing the present form of County
government.
Councilman Vetter stated that he would have to see a
draft before he could support the motion to send a resolution or
letter to the Board of Supervisors.
After some further discussion, vote was taken on Council--
man Stiern's motion~ which carried~ with Councilman Rees and Vetter
voting in the negative.
Councilman Rucker stated that some weeks ago a letter
was sent to the Board of Supervisors regarding the multi-purpose
center to be constructed in the southeast section of Bakersfield.
No action has been taken to date and he asked that the City Manager
arrange a meeting with Supervisor Miller to discuss this matter.
Councilman Rees stated that Mr. Miller had spoken to him brie£1y
before the meeting and agreed that they should get together with
Supervisor Fairbairn before his term expires to see where they
stand and what the County is prepared to do toward providing more
than $40,000 for their share of the cost of construction of the
multi-purpose center. Mr. Bergen agreed to call Mr. Miller and
arrange a meeting at a time which would be mutually acceptable to
all parties concerned.
Councilman Whittemore stated he had also talked to Mr.
Miller prior to the Caucus meeting and he had stated that he
would contact Supervisor Fairbairn and arrange a meeting.
Mayor Hart acknowledged the presence in the Council
Chambers of several members of a Government Class from East Bakers-
field High School.
Bakersfield, California, December 7,
1970 - Page 7
Reports.
Mr. Bergen reported that a notice appearing in today's
newspaper which stated that the new downtown shopping mall has
forced the removal of the City bus stop at 19th Street and Chester
Avenue, was a little premature. A problem does exist with the
time schedule on certain bus routes because of the extra time
involved in circumventing the mall area in
and Chester terminal. They are evaluating
follows:
order to reach the 19th
three alternatives as
3. Move the bus terminal from the present
and Chester location.
Shorten certain bus routes.
Increase the present 30 minute time schedule
by adding 5 or l0 minutes.
19th
The terminal could be moved to the parking
lot at 18th
and K Streets, however, a firm determination has not been made and
no plans have been finalized in this respect.
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers Nos. 1849 to
1930 inclusive, in amount of $53,180.21, as audited by the Voucher
Approval Committee, were allowed, and authorization was granted
for payment.
Adoption of Resolution No. 82-70 of
the Council of the City of Bakers-
field finding that the City has an
organized Fire Department providing
adequate structural Fire protection
to all property within the incorpora-
ted City and requesting the Board of
Supervisors of the County of Kern to
exclude all property within the in-
corporated area from the Structural
Fire Tax.
Upon a motion by Councilman Heisey, Resolution No. 82-70
of the Council of the City of Bakers£ield ~finding that the City has
an organized Fire Department providing adequate structural Fire
protection to all property within the incorporated City and requesting
the Board of Supervisors of the County of Kern to exclude all property
within the incorporated area from the Structural Fire Tax, was
adopted by the following vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Bleecker
Councilman Whirremote commented that he fails to understand
Bakersfield, California, December 7, 1970 - Page 8
why an incorporated City has
the Structural Fire Tax, and
the list sent to Assemblyman Ketchum for needed
added to
tion.
to annually request exclusion from
it was suggested that this matter be
legisla-
Ordinance
3.18.060 of
Fire Department.
Adoption of Resolution No. 83-70 of the
Council of the City of Bakersfield
fixing a time and place for hearing
protests by persons owning real pro-
perty within territory designated as
"Auburn No. 2", proposed to be annexed
to the City of Bakersfield.
Upon
of the Council
in the Council
hearing protests by persons owning real property within territory
designated as "Auburn No. 2", proposed to be annexed to the City
of Bakersfield, was adopted by the following vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Bleecker
Adoption of Resolution No. 84-70 of
Intention to include within the Greater
Bakersfield Separation of Grade District
a portion of certain territory designated
as "Auburn No. 2", and setting the time
and place for hearing objections to the
inclusion of said territory within said
District.
Upon a motion by Councilman Rees, Resolution No. 84-70
of Intention to include within the Greater Bakersfield Separation
of Grade District a portion of certain territory designated as
"Auburn No. 2", and setting January 18, 1971, in the Council
Chambers of the City Hall as the time and place for hearing objections
to the inclusion of said territory within said District, was adopted
by the following vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Bleecker
At this time first re~ding was considered given to an
of the Council of the City of Bakersfield amending Section
the Municipal Code by deleting certain positions in the
a motion by Councilman Heisey, Resolution No. 83-70
of the City of Bakersfield fixing January 18, 1971
Chambers of the City Hall as the time and place for
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 3.18.060 of the Muni-
cipal Code by deleting certain positions
in the Fire Department.
Bakersfield, California, December 7, 1970 Page 9
Acceptance o£ City and County Clerk's
Certificate of Sufficiency of Petition
filed requesting a Special Election be
called to submit the question of annexa-
tion of that inhabited territory designated
as "Terrace Way. No. 1", to the City of
Bakersfield.
Upon a motion by Councilman Vetter, the City and County
Clerk's Certificate of Sufficiency of Petition filed requesting a
Special Election be called to submit the question of annexation of
that inhabited territory designated as "Terrace Way No. 1", to the
City of Bakersfield was received and ordered placed on file.
Adoption of Resolution No. 85-70 of
the Council of the City of Bakersfield
declaring its intention to call a
Special Election in certain inhabited
territory contiguous to.said City pro-
posed to be annexed thereto, for the
purpose of submitting to the qualified
electors residing in said territory the
question whether said territory shall be
annexed to the City of Bakersfield and
fixing a time and place when and where
any persons owning real property within
such territory may appear before said
Council and show cause why such terri-
tory should not be so annexed.
Upon a motion by Councilman Vetter, Resolution No. 85-70
of the Council of the City of Bakersfield declaring its intention
to call a Special Election in certain inhabited territory contiguous
to said City proposed to be annexed thereto, for the purpose of
submitting to the qualified electors residing in said territory
the question whether said territory shall be annexed to the City
of Bakersfield and fixing January 11, 1971 in the Council Chambers
of the City Hall as the time and place when and where any person
owning real property within such territory may appear before said
Council and show cause why such territory should not be so annexed,
was adopted by the following vote:
Ayes:
Councilmen Heisey, Rees~ Rucker, Stiern, Vetter,
Whirremote
Noes: None
Absent: Councilman Bleecker
156
Bakersfield, California, December 7, 1970 - Page 10
Acceptance of Grant Deed from Evangel
Assembly of God Church.
After discussion, upon a motion by Councilman Rucker,
Grant Deed from the Evangel Assembly of God Church was accepted.
Encroachment Permit granted San
Joaquin Hospital, 2628 Eye Street.
Upon a motion by Councilman Heisey, Encroachment Permit
was granted San Joaquin Community Hospital, 2628 Eye Street, for
construction of hospital entrance steps and planter curbs within
the street right-of-way between the back of sidewalk and the
property line.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for
Contract No. 86-70 for construction of
Curb and Gutter for 42nd Street between
Chester Avenue and Union Avenue.
Upon a motion by Councilman Heisey, the Work was accepted
and the Mayor was authorized to execute Notice of Completion for
Contract No. 86-70 for construction of Curb and Gutter for 42nd
Street between Chester Avenue and Union Avenue.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Vetter, the meeting was
adjourned at 9:10 P.M.
ATTEST:
C~ ~'~ an~'~{icl~/ ~er~ of the Council
of the City of Bakersfield, California
Bakersfield, California, December 14, 1970
Minutes of
City of Bakersfield, California,
the City Hall at eight o'clock P.
by the
Dickau
Present:
Mayor Hart.
Absent: None
Minutes of the
approved as presented.
Clubs,
the regular meeting of the Council of the
held in the Council Chambers of
M., December 14, 1970.
The meeting was called to order by Mayor Hart followed
Pledge of Allegiance and Invocation by the Reverend Clifford
of the Belle View Baptist Church.
The City Clerk called the roll as follows:
Councilmen Bleecker, Heisey, Rees, Rucker,
Stiern, Vetter, Whittemore
regular meeting of December 7, 1970 were
Scheduled Public Statements.
Mrs. Dorothy Smith of the Business and Women's Professional
thanked the City Council, the City Manager and the Fire Chief
for their cooperation in explaining the report from the Governmental
Efficiency and Personnel Committee, so that she could understand the
statement that it is economically feasible to phase out the women
Fire Alarm Operators. She does not agree with this, and suggested
that before the Fire Alarm Operators are phased out completely, the
Council give consideration to employing only women on the Fire Alarm
System, thus freeing the Firefighters for active fire suppression.
She has been told that the Fire Alarm Board does not keep one person
busy for the entire shift, and suggested that clerical work be
channeled to the person on standby, thus cutting costs for the City.
She thanked the Council for giving her an opportunity to be heard,
and expressed the hope that her suggestions will be considered
before the Council makes its
Mr. Mortimer Lopez,
of Spanish Americans, stated
to express appreciation and to
cellent job for all members of
final decision.
National President of the Commission
he was instructed by this organization
thank the Council for doing an ex-
the community.
Bakersfield, California, December 14, 1970 - Page 2
Correspondence.
Upon a motion by Councilman Heisey, communication from
Betty Kelleher, 5804 Stockdale Highway, regarding a noxious odor
emanating from a petroleum company, was received and referred to
the Kern County Air Pollution Board, which will be meeting in the
Supervisor's Chambers at three o'clock P. M., on Tuesday, December
15, 1970.
Councilman Bleecker commented that he does not believe
the County's Air Pollution Control Board is doing very much to
correct the air pollution problem for the City, and if this type
of inactivity continues, the City may have to take a hand to abate
the odor coming from a feed lot located in southeast Bakersfield.
He read a letter written by Mayor Hart to the Air Pollution Board
requesting that an investigation be made and action taken regarding
certain unpleasant, offensive odors
City, and stated this action on the
that the City does take an interest
which have been pervading the
part of the Mayor would indicate
in the abatement of air pollution.
Upon a motion by Councilman Bleecker, communication from
Mrs. Raymond E. Blair, requesting the installation of an automatic
traffic signal on 24th Street between Oak and "F" Streets and a
left turn lane for residents of Westchester Riviera, was received
and referred to the City staff for study and to the Division of
Highways for a survey and report, relative to the feasibility of
installing a traffic signal somewhere between Oak and "F" Streets
on 24th Street.
In response to a request from Don C. Hoffman, Executive
Secretary of the Kern County Fire Fighters Union, Inc., upon a
motion by Councilman Vetter, Resolution No. 88-70 supporting
"Operation Gratitude" and "Appreciation Day" on Tuesday, December
15, 1970, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whirremote
Noes: None
Absent: None
Copies of the Resolution are to be furnished to the
National Committee for Responsible Patriotism, Inc., the Kern
County Fire Fighters Union, Inc., the Bakersfield Fire Department
and the Bakersfield Police Chief.
Bakersfield~ California, December 14, 1970 - Page 3
1 59
Council Statements.
Councilman Heisey stated that he had been working closely
with the College Heights School P.T.A. and the Myra Noble School
P.T.A., in an attempt to alleviate the traffic hazard at the inter-
section of Height Street and Sunny Lane. He has been in close
contact with the Division of Highways to work out a solution to the
problem and arranged a meeting recently with Mrs. Fink of the College
Heights School P.T.A. and officials of the State Division of Highways.
After discussion of possible alternatives, the State agreed to take
action to reduce the hazard to the school children crossing Height
Street by making three major changes at this intersection and along
Height Street from Mr. Vernon to Sunny Lane. They have agreed to
reduce the speed limit from 45 to 40 miles per hour, install addi-
tional large signals on the left hand side of the intersection as
it is approached from the east which will be visible from Mr. Vernon
Avenue, and in addition, will install flashing yellow warning signals
for the westbound traffic approaching Sunny Lane. He wished to
emphasize that whenever students are visible and using the streets,
the speed limit is automatically 25 miles per hour. The three
changes mentioned should be in effect by Thursday of this week.
Councilman Heisey commented on the Kern County Water
Agency's proposed hearing on a $20,000,000 cross-valley canal and
a water treatment facility for Greater Bakersfield. He stated that
the City of Bakersfield has not had an opportunity to study the cost
estimates released by the Agency last week to determine whether they
are correct or wild "guesstimates." The City's Water Engineer is
looking forward to completely analyzing all the costs involved.
He explained that misleading statements were made by the Agency in
the article published in the local newspaper and that the City has
not entered into any formal agreement in support of the proposed
project.
Councilman Vetter asked to have a Governmental Efficiency
and Personnel Committee meeting held as soon as possible, to study
the resolutions submitted to the Council by the Teenage City Council
some time ago. After discussion, the meeting was scheduled for
Tuesday, December 15, 1970, at noon.
160
Bakersfield, California, December 14, 1970 - Page 4
it,
can be decided upon. Also, it is not feasible to obtain property
for the right turn lane until the development of the northwest
quadrant is determined.
Councilman Vetter asked if any studies or reports have
been made on the traffic problem existing at Oak Street and
California Avenue. This particular intersection presents a
serious problem and as this area continues to expand, the problem
will continue to grow. He asked if some traffic studies could be
made to alleviate the situation. Councilman Stiern has talked
about the possibility of installing a right turn lane into California
Avenue, and that might help, but the problem has become so great,
there must be some major changes made soon, as this intersection
has developed into a real bottleneck.
Mr. Bergen stated that a right turn lane is not the
major problem, but it would help with that traffic going south
wanting to turn west. The fundamental problem is that more traffic
is using this intersection than it can handle, and it will be
necessary to provide alternate routes. The staff has been talking
to the Division of Highways and the Grade Separation District about
but until the freeway determination is made, no alternatives
Councilman Heisey commented that a couple of months ago
he asked the staff to work with the Grade Separation District on
this problem. It would be well to bear in mind that an election
will be coming up in a few months and the Grade Separation District
should be encouraged to take some action to start working on a
ballot measure.
Councilman Bleecker asked the City Manager if a right
turn coming down the overpass going south, would alleviate a lot
of the problem existing at this intersection. Mr. Bergen said it
would help that traffic movement but the property necessary to
accomplish this is very expensive. There is a good change of
having it dedicated to the City as soon as a decision is made on
the development, but he couldn't recommend to the Council to go
in and condemn the property at this time.
Bakersfield, California, December 14, 1970 - Page 5
Councilman Bleecker commented that he thinks this is a
problem that should be taken care o£ immediately, and he would
seriously suggest that the City make every e£fort to negotiate
with the present owner and any other prospective owner, to deed
the City enough right of way to have a right turn lane going west
on California Avenue. The present negotiations may take years, and
this is a problem which should be given serious consideration at
the present time.
Allowance of Claims.
Upon a motion by Councilman Bleecker~ Vouchers Nos. 1931
to 1999 inclusive, in amount of $77,183.00, as audited by the
Voucher Approval Committee~ were allowed, and authorization was
granted for payment.
Action on Bids.
Upon a motion by Councilman Rucker, low bid of Acme
Rotary Broom Service for annual contract for Street Sweeper Brooms,
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 Chevron
Chemical Co. for annual contract for Agriculture Chemicals was
accepted, all other bids were rejected, and the Mayor was authorized
to execute the contract.
After discussion, upon a motion by Councilman Vetter,
bid of Specialized Spray Service for removal of Weeds under Phase
II of the Weed Abatement Program was accepted, this being the only
bid received, and the Mayor was authorized to execute the contract.
After discussion, upon a motion by Councilman Vetter,
low bid of DeWald Fabricators, Inc. to furnish 50 Refuse Containers
was accepted~ and all other bids were rejected.
Upon a motion by Councilman Stiern, low bid of W. D.
Harrison for construction of Restroom-Storage Building at Centennial
Park was accepted, all other bids were rejected, and the Mayor was
authorized to execute the contract.
162
Bakersfield, California, December 14, 1970 - Page 6
Adoption of Ordinance No. 1887 New
Series of the Council of the City of
Bakersfield amending Section 3.18.060
of the Municipal Code by deleting
certain positions in the Fire Depart-
ment.
Councilman Stiern asked the City Manager if he had been
successful in transferring the Fire Alarm Operators into other
positions within the City, and Mr. Bergen stated that all the
ladies had been placed who were interested in other positions.
One was not interested and so informed the Civil Service Board.
When the Ordinance is effective in thirty days, the Fire Alarm
Operator positions will be deleted from the Municipal Code.
Councilman Stiern asked the name of the operator who
was not interested in another position in the City and Mr. Bergen
stated it was Mrs. Effie Ingram. Councilman Stiern then asked the
City Clerk to read into the record the following letter addressed
to the Chairman of the Miscellaneous Civil Service Board from Mr.
Don C. Hoffman, Executive Secretary of the Kern County Fire Fighters
Union, Inc. in order to clarify the matter for those people who
are interested in this situation:
James F. Flinn, Acting Chairman
Miscellaneous Departments Civil
Service Board
1501 Truxtun Avenue
Bakersfield, California 93301
Re: Mrs. Effie Ingram
Dear Mr. Flinn:
As the authorized agent acting on behalf of Mrs.
Ingram, I wish to reply to your letter of November
20, 1970, regarding examinations for possible
positions in another department of Bakersfield
City, for ~rs. Ingram.
I have advised Mrs. Ingram that she is to take no
examinations, to reply to no letters or accept any
interviews regarding employment in Bakersfield City.
Mrs. Ingram is now permanently employed with the
Bakersfield Fire Department and there is no reason
to believe she shall not continue this employment.
Bakersfield, California, December 14, 1970 - Page 7
Although it is of no concern to the Miscellaneous
Civil Service Board, it is our position that any
attempt to remove these female alarm operators
from their present positions, is in violation of
State Law and the Bakersfield Fire Department
Civil Service regulations, and will be met with
instant, militant and legal action by this union
and the attorneys which represent us.
/S/ D.C. Hoffman
Executive Secretary
Councilman Rees commented that he did not like to see
anyone displaced or anything interfere with the efficiency of a
department. Some weeks ago he took a position on the matter of
the Fire Alarm Operators, and he sees no reason to change it.
Therefore, he intends to vote "no" on this Ordinance.
Councilman Vetter commented briefly to Mrs. Smith, who
had addressed the Council earlier. He wanted her to know that it
is not a matter of delaying the action that is proposed tonight,
it has been pretty well established that this is the decision of
the Council. The Council was very concerned.and instructed the
staff to make every effort to place the individual Alarm Operators
in other positions within the City, and the three individuals who
have accepted the positions offered, are receiving the same salary
paid them as Fire Alarm Operators. It would appear that the one
operator who has not been transferred does not want to accept
employment in another department.
Councilman Vetter then made a motion to adopt Ordinance
No. 1897 New Series of the Council of the City of Bakersfield
amending Section 3.18.060 of the Municipal Code by deleting certain
positions in the Fire Department. This motion carried by the
following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Stiern,
Noes: Councilmen Rees, Rucker, Whittemore
Absent: None
Vetter
164
Bakersfield, California, December 14, 1970 - Page 8
First reading of an Ordinance of the
City of Bakersfield amending Section
9.08.050 (a) and (b) of the Municipal
Code providing for payment of Dog
License Fees biannually.
At this time first reading was considered given to an
Ordinance of the City of Bakersfield amending Section 9.08.050 (a)
and (b) of the Municipal Code providing for payment of Dog License
Fees biannually.
Councilman Heisey asked the staff to make a check to
compare the revenue collected from Dog License Fees under the
present system with the revenue collected when veterinarians
issued dog licenses from their officest and make a report back
to the Council next week.
Reception of City and County Clerk's
Certificate of Sufficiency of Petition
requesting a Special.Election be called
to submit the question of annexation of
that inhabited territory designated as
"Curran No. 1"~ to the City of Bakers-
field.
Upon a motion by Councilman Vetter, the City and County
Clerk's Certificate of Sufficiency of Petition filed requesting
a Special Election be called to submit the question of annexation
of that inhabited territory designated as "Curran No. 1", to the
City of Bakersfield, was received and ordered placed on file.
Total number of qualified electors registered
as voters. 688
Total number of signatures 207
Unqualified signatures 22
Total number of qualified signatures 185
The number of signatures on the petition does meet the
requirements of Section 35116 of the Government Code and is
sufficient.
Bakers£ield, California, December 14, 1970 - Page 9
Adoption of Resolution No. 86-70 of
the Council of the City of Bakers-
field declaring its intention to call
a Special Election in certain inhabited
territory contiguous to said City pro-
posed to be annexed thereto, for the
purpose of submitting to the qualified
electors residing in said territory the
question whether said territory shall
be annexed to the City of Bakersfield,
and fixing a time and place when and
where any person owning real property
within such territory may appear before
said Council and show cause why such
territory should not be so annexed.
Upon a motion by Councilman Vetter, Resolution No. 86-70
of the Council of the City of Bakersfield declaring its intention
to call a Special Election in certain inhabited territory contiguous
to said City proposed to be annexed thereto, for the purpose of
submitting to the qualified' electors residing in said territory
the question whether said territory shall be annexed to the City
of Bakersfield, and fixing February 1, 1971, in the Council Chambers
of the City Hall at eight o'clock P.M., as the place and time
when and where any person owning real property within such terri-
tory may appear before said Council and show cause why such terri-
tory should not be so annexed, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Adoption of Resolution No. 87-70 of
the Council of the City of Bakers-
field deleting one Council Meeting
in the month of December, 1970.
Upon a motion by Councilman Bleecker, Resolution No. 87-70
of the Council of the City of Bakersfield deleting Council Meeting
of December 28, 1970, was adopted by the following vote:
Ayes:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
60 day Leave of Absence Without Pay
granted Robert Thomas, Automotive
Serviceman for Transit System.
Upon a motion by Councilman Bleecker, 60 day Leave of
Absence Without Pay was granted Robert Thomas, Automotive Service-
man for Transit System.
166
Bakersfield, California, December 14, 1970
Page 10
Purchasing Division authorized to
negotiate for discount prices for
automotive original equipment re-
placement parts.
Mayor Hart stated he wished to relinquish the gavel to
the Vice-Mayor in order to avoid any real or imaginary conflict
of interest relative to the purchase of automotive replacement
parts from the S. A. Camp Motor Company.
After explanation by Finance Director Haynes, upon a
motion by Councilman Bleecker, the Purchasing Division was granted
authorization to negotiate discount prices based upon special
discounts from catalog prices for automotive original equipment
replacement parts, from the S. A. Camp Motor Co., Haberfelde Ford,
and Three-Way Chevrolet Co.
Approval of Drainage Agreement between
Pacific Gas and Electric Company,
County of Kern and City of Bakersfield.
Upon a motion by Councilman Bleecker, Drainage Agreement
between Pacific Gas and Electric Company, County of Kern and City
of Bakersfield for disposal of storm water which originates within
the Wible Road and White Lane Street right of way, 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 Bleecker, the meeting was
adjourned at 9:15 P.M.
MAY~h~City of Bakersfield, Calif.
ATTEST:
of the City of Bakersfield, California
Bakersfield, California, December 21, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P. M.~ December 21, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Councilman Walter
Heisey.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker,
Stiern, Vetter, Whirremote
Absent: None
Minutes o£ the regular meeting of December 14~ 1970
were approved as presented.
Correspondence.
Upon a motion by Councilman Whittemore, communication
from the Southern Sierra Council of Boy Scouts expressing apprecia-
tion to the Council for support of "Operation Greenhorn" project,
was received and ordered placed on file.
Council Statements.
Councilman Stiern commented that at last week's meeting
the subject of the hazardous intersection at California Avenue and
Oak Street was discussed at some length and the Council at that
time asked that something be done about it. As Mr. Bergen had
explained to the satisfaction of the Council that there would be
some delay before any changes can be made, Councilman Stiern asked
the City Manager if in the interim period, yellow blinker caution
lights could be installed on the south bound lane, so that motorists
will be aware there is some danger ahead and slow down. Mr. Bergen
stated that the staff has already discussed this possibility and
the material has been ordered. He will make a report at the next
Council meeting on the estimated date the installation will be
completed.
Councilman Vetter nominated Mr. Walter Wickersham for
re-appointment as a member of the Police Department Civil Service
Board for a six year term expiring December 31~ 1976. Vote was
taken on this nomination~ which carried unanimously.
Councilman Heisey nominated Mr. Eugene Oldershaw for
re-appointment as a member of the Fire Department Civil Service
Bakersfield, California, December 21, 1970 Page 2
Board for a six year term expiring December 31, 1976. Vote was
taken on the nomination, which carried unanimously.
Councilman Stiern moved that Mr. H. L. Butcher be re-
appointed as a member of the Citizens Auditorium-Recreation Com-
mittee for an eight year term expiring January 3, 1979. This
motion carried unanimously.
Councilman Heisey commented on a report received from
the Finance Department on revenues received during the last year
from the issuance of dog licenses. He pointed out that there had
been a 20% drop in the number of dog tags issued since the last
year veterinarians sold dog tags. He asked that the matter be
referred to the Budget Review and Finance Committee for investiga-
tion and report back to the Council stating that the fees should
either be collected or eliminated, if it is not worth making an
effort to license all the dogs in the City.
Councilman Stiern explained that for a period of about
25 years veterinarians did issue dog licenses in their offices at
the same time they vaccinated dogs, and made monthly returns to
the Tax Collectors office. They probably would be still issuing
licenses, but the County increased the license fee from $1.00 to
$2.50, at which time the veterinarians discontinued the practice.
He stated that the newly proposed two year licensing program will
undoubtedly purchase tags good for two years as the dogs will be
vaccinated for a two year period.
Councilman Bleecker commented that it might be a good
idea to require that dogs be vaccinated as a public health measure,
without any additional charge for a dog license as the revenue
from this source is minimal. He moved that the City ordinance be
changed to require proof of vaccinations only for dogs within the
City Limits and that the requirements for a dog license be deleted
from the ordinance.
Councilman Whittemore pointed out that this matter had
been referred to the Budget Review and Finance Committee and rather
than voting on Councilman Bleecker's motion this evening, he would
Bakersfield, California, December 21, 1970 - Page 3
prefer to wait until the Committee makes its report. After dis-
cussion, Councilman Bleecker withdrew his motion.
Mayor Hart commented that a gentleman appeared before
the Council not too long ago with the inquiry "who hates Bakers-
field," and asked the Mayor to look into the matter of the Padre
Hotel which is closed above the second story because it does not
comply with the City's Uniform Building Code.
Mayor Hart pointed out that newspaper articles relative
to the Porter Square Hotel
were lost stated that the
failed to install hallway
that Los Angeles Fire
"fire trap."
In addition,
fire in Los Angeles where some 22 lives
owners of the substandard structure had
firedoors and closes stairwells, and
Inspector Len Larkin termed the building a
the fire that swept through Tucson's Pioneer
Hotel early yesterday killing 29 people could have been prevented
by an adequate fire alarm system and sprinklers, according to Fire
Chief E. B. Slagel of Tucson.
The City of Bakersfield directed the management of the
Padre Hotel to install stairway and transom enclosures or sprinkler
systems throughout, to be in compliance with the Uniform Building
Code. The owner refused and consequently was ordered to close the
hotel by County Superior Court Judge Locke. Despite a reversal of
this opinion by the Appelate Court following the owner's appeal,
the Supreme Court of the State of California enforced the original
order to close, which was subsequently upheld by the Federal Supreme
Court.
He commented that in every instance where there have
been serious fatalities in hotel fires in this nation, it is be-
cause the owners have failed to comply with the ordinances for
present day building code requirements. In view of the tragic
fires, he felt that it was time he made a comment to the Council,
that he does not care to debate the matter of "who hates Bakers-
field", but wishes only to commend the Council for its adoption
years ago of hotel fire safety regulations which have probably
prevented the occurrence of a tragic hotel fire in Bakersfield,
and for maintaining that stand in spite of dramatic appearances
before the Council on various occasion.
170
Bakers£ield, California, December 21, 1970 - Page 4
Councilman Bleecker commented on the hazardous traffic
conditions on 24th Street, which is in his ward. He stated there
is no left turn lane into Riviera Westchester going east on 24th
Street, although there are left turns on virtually every cross
street £rom Oak Street to "F" Street. He asked the staff to
investigate the £easibility of installing a left turn lane into
Riviera Westchester, as there is a continual back log of traffic
at this intersection during peak periods.
Mr. Bergen stated this is a state highway and it will
be necessary for the Division of Highways to act; however, he will
take the matter up with them to see what can be done to alleviate
the traffic congestion. Councilman Bleecker stated he would like
to have copies of any correspondence with the Division of Highways.
Reports.
Councilman Whittemore, Chairman of the Governmental
Efficiency and Personnel Committee, reported on a recent meeting
held to consider a list of six resolutions presented to the Council
by the Student City Council members who participated in the 16th
Annual Teenage City Government Day. The Resolutions were discussed
and recommendations were made as follows:
(a) Resolution requesting the adoption o£ the
Tydings Resolution concerning population
control.
Recommendation that the Council take no
action.
(b) Resolution requesting City Council action
regarding the harm£ul conditions at rail-
road crossings within the City Limits;
specifically, the railroad tracks at "F"
and 14th Streets and "G" and 14th Streets.
Recommendation that the Council support
this Resolution.
(c) Resolution requesting City Council investi-
gation and action concerning the acute
traffic congestion on 24th Street.
Recommendation that the City Council support
this Resolution.
Bakersfield, California, December 21, 1970 - Page 5
(d)
Resolution requesting the City Council
recommend that a student from one of the
Kern High School District Schools be
placed as a voting member on the Board
of Trustees.
Recommendation that the Council not support
this Resolution.
(e) Resolution requesting better protection at
school functions.
Recommendation that the Council take no
action on this Resolution, as the Committee
could not determine any instances to sub-
stantiate the charges made in this matter
by the Student Council.
(f)
Resolution requesting the establishment of
a student advisory commission and the estab-
lishment of a student advisor responsible
to the City Council comprised of City High
School students.
Recommendation that the Council take no
action on this Resolution. Council meetings
are open to citizens and they are invited to
participate in local affairs.
In conclusion, the Committee thanked the students who
participated in this Student Government Day and hoped that they
learned something about City Government that will benefit them
and the City in years to come.
Upon a motion by Councilman Stiern, the Report was
received and adopted, and copies were ordered sent to the appro-
priate students and advisors.
Allowance of Claims.
Councilman Bleecker moved approval of all vouchers except
those marked EMMA. This category is not familiar to him and he
wishes payment to be withheld on these vouchers until he has the
opportunity to check witk the City Manager to determine the
legitimacy of the EMMA vouchers. Vouchers Nos. 2047 to 2145
inclusive, in amount of $144,374.08 were approved, and Vouchers
Nos. 2000 to 2046 inclusive~ in amount of $11,670.01~ were
conditionally approved subject to perusal by the Chairman of the
Voucher Approval Committee. After discussion, this motion carried
unanimously.
172
Bakersfield, California, December 21, 1970 - Page 6
Action on Bids.
After discussion, upon a motion by Councilman Bleecker,
low bid of Urner's Chrysler-Plymouth for 17 new 1971 automobiles
and one 9-passenger station wagon was accepted, and all other bids
were rejected. The low bid is $700.00 per unit more than paid for
cars a year ago. This follows the trend that has been apparent
throughout the State in that the increase is largely due to the
manufacturer's policies of reduced fleet discounts on the 1971
models.
Transfer of Funds.
Upon a motion by Councilman Bleecker,
from Fund 11-510-6100 to Fund No. 11-620-7200,
81-620-7200 in amount of $5,661.61, was approved.
vide funds from the Council's Contingency Account
of automobiles, as the low bid price exceeded the
resulting from the automobile manufacturers discontinuing fleet
discounts.
Adoption of Ordinance No. 1898 New
Series of the City of Bakersfield
amending Section 9.08.050 (a) and
(b) of the Municipal Code providing
for payment of Dog License Fees bi-
annually.
Budget Transfer
11-690-7200 and
This will pro-
for the purchase
budgeted amounts
Ordinance No. 1898 New Series of the City of Bakersfield amending
Section 9.08.050 (a) and (b) of the Municipal Code providing for
payment of Dog License Fees biannually, was adopted by the following
vote:
Ayes:
Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: Councilman Bleecker
Absent: None
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 7.52.190 "Rates and
Fares" of the Municipal Code of the
City of Bakersfield.
After discussion, first reading was considered given an
Ordinance of the Council of the City of Bakersfield amending
Section 7.52.190 "Rates and Fares" of the Municipal Code of the
City of Bakersfield.
After discussion, upon a motion by Councilman Vetter,
Bakersfield, California, December 21, 1970 - Page 7
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapters 11.12.060 (i) and
11.04.572 to the Municipal Code pro-
hibiting the removal of traffic
control markings on vehicle tires.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Chapters 11.12.060 (i)
and 11.04.572 to the Municipal Code prohibiting the removal of
traffic control markings on vehicle tires.
Claim for damages
and Audrey Harris
City Attorney.
from C. J. Harris
referred to the
Upon a motion by Councilman Heisey, claim for damages
from C. J. Harris and Audrey Harries was referred to the City
Attorney.
Approval of Agreement with the Bakers-
field Swim Club.
Upon a motion by Councilman Rucker, Agreement between
the City of Bakersfield and the Bakersfield Swim Club for com-
petitire swimming was approved and the Mayor was authorized to
execute same.
Purchasing Division authorized to
negotiate discount prices for fire
extinguisher parts, chemicals and
supplies.
Upon a motion by Councilman Vetter, the Purchasing Division
of the Finance Department was authorized to negotiate discount prices
for fire extinguisher parts, chemicals and supplies.
Acceptance of Work and Notice of Com-
pletion for Contract No. 102-70 for
Construction of Slumpstone Masonry
Walls at International Square.
Upon a motion by Councilman Heisey, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
for Contract No. 102-70 for Construction of Slumpstone Masonry
Walls at International Square.
Adjournment.
There being no further business to come before the Council,
upon a motion by Councilman Heisey, the meeting was adjourned at
9:15 P.M.
MAYOR .
ATTEST:
CITY'CLERK and Ex-Offx~cio Clerk of the Council
~f the City of Bakersfield, California