HomeMy WebLinkAboutJULY - SEPT 1970Bakersfield, California, July 6, 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., July 6, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by lhe Reverend Donald
Zerbe of the Trinity Methodist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart.
Absent: None
Councilmen Bleecker, Heisey, Rees, Rucker,
Stiern, Vetter, Whittemore
Minutes of the regular meeting of June 15, 1970 and the
special meetings of June 22 and 23, 1970, were approved as presented.
Service Pin Awards.
At this time Mayor Hart presented Service Pins to the
following City employees:
Edward J. Saecker, Waste Water Treatment Plant
Foreman, who completed 30 years service with
the City of Bakersfield on June 16, 1970.
Woodrow Walck, Sewer Maintenance Foreman, who
completed 25 years of service with the City
of Bakersfield on June 28, 1970.
Council Statements.
Councilman Stiern asked the City Manager to discuss with
the Traffic Authority the feasibility of installing a separate
marked lane for right turn movement with a free right turn to
California Avenue from Oak Street, in order to relieve the traffic
congestion which is now developing at the south end of the overpass
over the railroad on Oak Street. Mr. Bergen stated a report on
this will be made back to the Council.
Councilman Heisey agreed that a traffic congestion problem
does exist at this intersection and stated that he feels it would be
a good idea to request the Greater Separation of Grade District to
study the feasibility of extending Truxtun Avenue around and over
the railroad at another point west of Oak Street. This would
possibly interfere with the Police Pistol Range, but he feels it
would be a small sacrifice to facilitate the flow of traffic to
the west.
Bakersfield, California, July 6, 1970 - Page 2
Councilman Vetter commented that he had requested that
a study be made of this traffic problem some time ago, and Mr.
Bergen responded that a study is in progress at the present time.
Councilman Heisey referred a letter relative to lack of
Cable TV in certain areas in downtown Bakersfield to Councilman
Vetter for investigation by his Cable TV Committee. Councilman
Rucker commented that he had previously called the attention of
the City Attorney and the City Manager to complaints from residents
of the Oro Vista Housing Project that Cable TV service was not
made available to them~ and asked that the City investigate the
matter. Mr. Hoagland stated they had done this and Mrs. Little,
Director of the Kern Housing Authority, had stated that the ser-
vice was available under the direction of the Housing Authority.
The problem may originate there rather than with the Cable TV
Company. Councilman Rucker asked that he be given a letter certi-
fying this, so that he can pass it along to the residents in the
Oro Vista Housing Project with the idea of getting to the root of
the problem.
Councilman Bleecker commented that before the Council
decides whether or not to grant the rate increase requested by
the Bakersfield Cable Company, all of the problems brought up to
the Council from time to time, and particularly the level of
service, should be discussed and resolved by the Cable TV Company.
Councilman Bleecker placed in nomination the name of
Robert Lumis to fill a vacancy on the Police Department Civil
Service Commission, due to the recent resignation of Mr. John
Pryor. Councilman Rucker seconded the nomination. The Mayor
declared the nominations closed and vote was taken on the motion
which carried unanimously. Mr. Lumis will fill out the term of
Mr. Pryor which expires December 31~ 1972.
Councilman Vetter asked the City Manager to make arrange-
ments for a meeting of the Budget Review and Finance Committee to
study and make recommendations back to the Council relative to the
request of the Bakersfield Cable TV Company for a rate increase.
At that time a report by the Finance Director of an audit of the
books of the Bakersfield Cable TV Company will be submitted to the
Committee.
Bakersfield~ California~ July 6~ 1970 - Page 3
Councilman Vetter asked the City Manager to arrange for
the Budget Review and Finance Committee to meet with the Chairman
of the New Police Building and Expansion o£ City Hall Committee,
to go over the report submitted by the Committee.
Reports.
Councilman Rucker, Chairman of the Auditorium and
Recreation Committee, read a report of the Committee on the subject
of the California Avenue Park Community Center~ stating that the
Kern County Board of Supervisors last week approved $40,000 for
this facility, and that Supervisor Milton Miller made the state-
ment that this facility is a two year project and he will request
an additional $40,000 next year in order for the County to pay
half of the local share.
The City and County have had several meetings in the
past few months concerning the financing of this Community Center~
and as a result, the City was led to believe that the County would
provide 75%, or $120,000, of the local share if the City contributed
25%, or $40,000, and accepted the responsibility for the operation
and maintenance. With this in mind, the City budgeted $40,000 in
this year's budget to cover its total share of the required local
£unds. It is still hoped that the County will see fit to budget
the additional $80,000 in the 1971-72 Budget. However~ it is
imperative that the City proceed with this project immediately.
With the $80,000 which has been set aside by the City and County,
work on Phase II of the HUD requirements can be commenced at once.
However, if the County does not provide additional funds in the
future~ the City will be required to provide the additional monies
to complete this project.
At the time Phase I of this project was accepted by the
Federal Government, the City was given 90 days to complete Phase II
for submission to the HUD authorities. Because of the various
problems which have arisen in financing the local funds, it is
obvious that the August 8th deadline cannot be met. The Committee
Bakers£ield, California, July 6~ 1970 - Page 4
is recommending to the Council that the City request an additional
60 days extension from HUI) in order to complete the requirements
of Phase II. One of the requirements is the appointment of an
Architect. It is. the feeling o£ this Committee that it should be
given the responsibility by the Council for interviewing and recom-
mending an Architect. The Committee would like to begin inter-
viewing all interested Architects immediately, and is requesting
the Council's approval for this responsibility tonight.
Councilman Vetter commented that he was wondering if
during the 60 day extension of time, it would be possible to have
a joint meeting between the City's Auditorium Recreation Committee
and a Committee of the Board of Supervisors to discuss the situa-
tion and request the Board to budget the additional $80,000 from
its contingency funds. Obviously these funds will not be expended
for a couple of years. He asked Councilman Rucker if he would be
willing to meet with a County Committee and receive some form of
commitment for these funds. It was always his understanding that
the Board of Supervisors would contribute the $120,000, and he
asked who actually stated that this would be done.
Councilman Rucker replied that when he and members of the
Committee and residents of the area appeared before the Board
earlier this year, it was never made clear how much the Board
would approve~ however, it was assumed that the Board would con-
tribute ?5% of the local share, as everyone on the Board voted in
favor of the contribution with the exception of Supervisor Webb.
Councilman Stiern commented that he hopes the City will
not be faced with funding the whole project when some of the
responsibility does lie with the Board of Supervisors. He stated
that the Budget Review and Finance Committee has interviewed
Architects for this project with the thought of making a recom-
mendation to the Council. It was not done with the intention of
usurping any Committee's responsibilities, which sometimes have
not been too well defined, the Committee merely met with Architects
who had indicated an interest in the building.
Councilman Rucker commented that he is interested in
negotiating with the County to assist the City in constructing
Bakersfield, California, July 6, 1970 - Page 5
this much needed recreational facility, but he would hate to lose
the grant offered by the Federal Government by waiting for the
County to take some action. He moved adoption of the report sub-
mitted by the Auditorium-Recreation Committee.
Councilman Vetter stated he would support the motion to
adopt the report with the provision that the Auditorium-Recreation
Committee meet with a committee of the Board of Supervisors and
report back to the Council before the end of the 60 day extension
from HUD.
He went on to say that the Budget Review and Finance
Committee did interview interested Architects, and because of some
misunderstanding and confusion as to who should do this, he had
talked to Mr. Rucker who felt that the interviewing of the Archi-
tects should be the responsibility of the Auditorium-Recreation
Committee. Therefore, Councilman Vetter stated he would defer to
Mr. Rucker's request that it be done by the Auditorium-Recreation
Committee.
Councilman Bleecker stated that he would like some addi-
tional assurance that the other $40,000 will be included in next
year's budget, or the additional $80,000, which would represent
75% of the local share for this project, and he agreed that a
joint meeting should be held with the County to discuss this matter.
Councilman Rees stated that he was not aware that the
Board of Supervisors had comitted themselves to a given amount,
and he hoped that the Council did not make this project contingent
on further Board participation; he would like to see a clear-cut
passage of the report tonight without any contingencies.
Councilman Heisey commented that in view of the short
length of time as indicated in the report, for the Architect to
proceed, and no Council meeting is scheduled for another two weeks,
he feels that it is important to appoint an Architect tonight. He
pointed out that Councilman Rucker is Chairman of the Auditorium-
Recreation Committee and a member of the Budget Review and Finance
Committee, which has already interviewed several interested Archi-
tects, and he is prepared to support any Architect Councilman
Rucker might wish to nominate tonight, so that the work on the
project can be started.
Bakersfield, California, July 6, 1970 - Page 6
Councilman Whittemore stated that
two week time period is that critical, he feels
take the additional two weeks and interview all
tects in the City.
he does not think a
that they should
interested Archi-
Councilman Rees stated that for purposes of expediting
the matter, he would submit a substitute motion that the report
be adopted excluding all reference to a request for Council
approval for the Auditorium-Recreation Committee to begin inter-
viewing all interested Architects immediately and make a recom-
mendation back to the Council.
After discussion, vote was taken on Councilman Rees'
substitute motion, which carried, with Councilman Rucker and
Councilman Whittemore voting in the negative.
Councilman Rucker then moved that Mr. Leonard J. Schroeder
be appointed as the Architect for the multi-purpose building in
California Avenue Park.
During discussion, Councilman Whittemore pointed out
that only four firms of Architects were interviewed by the Budget
Review and Finance Committee. He asked how the four firms were
selected.
Councilman Rucker stated that the City Manager had made
fhe arrangements. Mr. Bergen explained that two architectural
firms had called his office and expressed interest in being con-
sidered for the construction of the multi-purpose building. These
two Architects were among the four interviewed. The other two
were selected by Councilmen.
Councilman Whittemore stated that four firms of Archi-
tects were interviewed out of a possible ten and asked why all
firms were not contacted, at least to find out if they were
interested in the project. He has received many telephone calls
relative to the architectural firms to be selected by the City
for the California Avenue Park Community Center and the new Police
Building. He does not think the Council should consider only four,
when probably any firm in the City could do this building. He
feels that it should be referred back to Committee and any firm
Bakersfield, California, July 6, 1970 - Page ?
who wants to bid on the building given the opportunity to do so.
Councilman Stiern commented that Committees' responsibi-
lities are not too well de£ined. The Budget Review and Finance
Committee met and interviewed in good faith and were ready to make
a recommendation based on its impressions of competency and ability.
To his knowledge any Architect could have indicated that he was
interested in being interviewed and would have been given that
opportunity.
Councilman Whirremote stated that he is prepared to vote
against the motion based on his previous statements, as he is sure
that the other six architectural firms would like to have the
opportunity to be interviewed on a job of this size.
A£ter additional Council discussion, vote was taken on
Councilman Rucker's motion to appoint Mr. Leonard J. Schroeder
as Architect for the construction of the California Avenue Park
Community Center, which carried by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Bleecker, Heisey,
Councilmen Rees, Whirremote
None
Rucker, Stiern, Vetter
City Manager Bergen commented that a very important part
this report is submission of a request to HUD for an additional
days extension in order to complete the requirements of Phase
From the adoption of the report, he would assume that the
6O
II.
Mayor was authorized to execute a letter to HUD requesting the
additional 60 days time, which should be mailed out within the
next day or so.
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 4459
to 4663 and Vouchers Nos. 1 and 2, in amount of $90,383.84 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 Rees, Part II (Total and
complete guaranteed repair and repurchase) of Davies Machinery Co.
bid for a 21-Yard, Self-Propelled, Self-Loading, Elevating Scraper,
was accepted, all other bids were rejected and the Mayor was
authorized to execute the Agreement.
Bakersfield, California, July 6, 1970 - Page 8
Ayes:
Noes:
Absent:
Upon a motion by Councilman Heisey, low bid of San
Joaquin Supply Company for Annual Contract of Janitorial Supplies
was accepted, all other bids were rejected, and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Heisey, bid of Francis and
Jacobs Construction Company for Annual Contract for Select Road
Material was accepted, this being the only bid received, and the
Mayor was authorized to execute the contract.
Adoption of Resolution No. 42-70 of
commendation for General Alton Slay,
Commander Edwards Air Force Base.
Upon a motion by Councilman Rucker, Resolution No. 42-70
of commendation for General Alton Slay, Commander Edwards Air Force
Base, was adopted by the following vote:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whirremote
None
None
Councilman Bleecker was excused from the meeting at this
time.
Adoption of Ordinance No. 1870 New
Series of the City of Bakersfield
amending Section 3.18.200, Sick
Leave~ by allowing Sick Leave in
case employee's spouse or minor
children are ill or injured and in
need of medical attention.
Upon a motion by Councilman Rucker, Ordinance No. 1870
New Series of the City of Bakersfield amending Section 3.18.200,
Sick Leave, by allowing Sick Leave in
minor children are ill or injured and
was adopted by the following vote:
case employee's spouse or
in need of medical attention,
Ayes:
Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whirremote
Noes: None
Absent: Councilman Bleecker
Bakersfield, California, July 6, 1970 - Page 9
Approval of Agreement between City of
Bakersfield, Jack I. Straus and Robert
K. Straus for construction of the
easterly extension of Panorama Drive.
Upon a motion by Councilman Rucker, Agreement between
the City of Bakersfield, Jack I. Straus and Robert K. Straus setting
forth the responsibilities of the parties for the construction of
the easterly extension of Panorama Drive between Crescent Drive
and Columbus Street and for a small portion of Crescent Drive, was
approved and the Mayor was authorized to execute same.
First reading of an Ordinance of the
City of Bakersfield repealing obsolete
and invalid Chapters 3.10, 10.06, 10.10,
10.18, 10.20, 10.22, 10.32, 10.34, 10;36,
10.37, 10.40, 10.44 of the Municipal Code
of the City of Bakersfield.
First reading was given to an Ordinance of the City of
Bakersfield repealing obsolete and invalid Chapters 3.10, 10.06,
10.10, 10.18, 10.20, 10.22, 10.32, 10.34, 10.36, 10.37, 10.40,
10.44 of the Municipal Code of the City of Bakersfield. Upon a
motion by Councilman Stiern, the Ordinance was referred to the
Legislative Committee for review and approval. He suggested that
this action be taken with any future Ordinances deleting and re-
pealing Chapters of the Municipal Code. This motion carried
unanimously.
First reading of an Or.dinance of the
Council of the City of Bakersfield
amending the Municipal Code by re-
numbering Chapter 2.16 (Procedure
for Elections) and its included
Sections.
First reading was given to an Ordinance of the Council
of the City of Bakersfield amending the Municipal Code by tenumbering
Chapter 2.16 (Procedure for Elections) and its included Sections.
Adoption of Resolution No. 43-70 of the
Council of the City of Bakersfield making
findings and determinations that owners
of more than 60% of the area within the
boundaries of the proposed Public Improve-
ment District No. 854 have signed written
petitions for specified improvements and
waiving all proceedings required by the
Special Assessment Investigation, Limita-
tions and Majority Protest Act of 1931.
Upon a motion by Councilman Rucker, Resolution No. 43-70
of the Council of the City of Bakersfield making findings and
Bakersfield, California, July 6, 1970 - Page 10
determinations that owners of more than 60% of the area within
the boundaries of the proposed Public Improvement District No.
854 have signed written petitions for specified improvements and
waiving all proceedings required by the Special Assessment Investi-
gations, Limitation and Majority Protest Act of 1931, was adopted
by the following vote:
Ayes:
Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Bleecker
Adoption of Resolution No. 44-70 of
the Council of the City of Bakers-
field ordering the preparation of
Plans, Specifications, Estimates of
Cost, District Map and Diagram in
the matter of the proposed Public
Improvement District No. 854.
Upon a motion by Councilman Rucker, Resolution No. 44-70
of the Council of the City of Bakersfield ordering the preparation
of Plans, Specifications, Estimates of Cost, District Map and Dia-
gram in the matter of the proposed Public Improvement District No.
854 was adopted by the following vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Bleecker.
Adoption of Resolution No. 45-70 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 Rucker, Resolution No. 45-70
of the Council of the City of Bakersfield ascertaining and deter-
mining the prevailing rate of wages to be paid to certain crafts
and types of Workmen employed on Public Work in the City of Bakers-
field, was adopted by the following vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Bleecker
Bakersfield, California, July 6, 1970 - Page ll
Approval of Contract between the City
of Bakersfield and the Bakersfield
Swim Club.
Upon a motion by Councilman Stiern, Contract between the
City of Bakersfield and the Bakersfield Swim Club to operate a
Concession Stand in Jefferson Park on July 11, 12, 18 and August 1,
1970, was approved, and the Mayor was authorized to execute the
Contract.
Approval of request from Gulf Oil
Corporation to enter into Sewer
Rental Agreement for hook-up of
Gulf Service Station at the south-
west corner of South Real Road and
Stockdale Highway to City Sewer
Line.
Upon a motion by Councilman Rees, request from Gulf Oil
Corporation for permission to enter into Sewer Rental Agreement
for hook-up of Gulf Service Station #230, on southwest corner of
South Real Road and Stockdale Highway to City Sewer Line 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.
Acceptance of resignation of John H.
Kirsch as Member of the Civil Service
Commission for Miscellaneous Departments.
Upon a motion by Councilman Heisey, the resignation of
John H. Krisch as Member of the Civil Service Commission for Mis-
cellaneous Department was accepted with regret) and the Mayor was
authorized to send Mr. Kirsch a letter of appreciation for his
excellent service to the City.
Finance Director authorized to issue
check to Kern County Bicentennial Com-
mission for contribution to assist in
payment of its obligations.
Upon a motion by Councilman Stiern, the Finance Director
was authorized to issue check in amount of $225.00 to the Kern
County Bicentennial Commission for contribution to assist in the
payment of obligations created in conducting various activities
during California's 1969-70 Bicentennial Celebration, funds to be
transferred from the Council's Contingency Fund.
Bakersfield, California, July 6, 1970 - Page 12
Committee to study proposed freeway
routes to be appointed at next Council
meeting.
Councilman Rees stated that the matter of appointment of
a committee to study the establishment of the freeway location for
the portions of State Highway Routes 58 and 178 in Kern County
between Route 4 and "M" Street, had been discussed in the Caucus
Room, at which time it was suggested that three Councilmen be
appointed to this Committee and that each Council member appoint
a lay member, so that there would be a committee of ten members
appointed to study the proposed freeway routes. He then moved
that the Mayor be given the power to appoint the Councilmen and
that the members of the Council submit tile names of their appointees
to the Mayor for appointment to the Committee at the next Council
meeting on July 20, 1970. This motion carried unanimously.
Approval of request from Gregory Bill
Christy to connect property located
on Stine Road to Stine Road Sewer Line.
Upon a motion by Councilman Rucker, request from Gregory
Bill Christy to connect property located on Stine Road approximately
½ mile south of Panama Lane to Stine Road Sewer was approved,
subject to the following conditions:
1. Work to be constructed to City specifications.
2. Enter a Suburban Sewer Rental Agreement.
3. Plans to be submitted for City's review and
approval.
Acceptance of Flowage Easement from
J. L. Dandy and Company for Canter
Way.
Upon a motion by Councilman Whittemore, Flowage Easement
from J. L. Dandy and Company to assur,e drainage of Canter Way from
the proposed Tract 3412 to Tract 2942, was accepted.
60 Day Leave of Absence Without Pay
granted Robert Thomas, Automotive
Serviceman for Transit Division.
Upon a motion by Councilman Rucker, a 60 day Leave of
Absence Without Pay was granted Robert Thomas, Automotibe Service-
man for the Transit Division, which will extend his leave until
September 14, 1970.
Bakersfield, California, July 6, 1970 Page 13
Approval of Tract No. 3408 and Mayor
authorized to execute Contract and
Specifications for improvements therein.
Upon a motion by Councilman Stiern, it is ordered that
the Map of Tract No. 3408 be, and the same is hereby, approved:
That all the easements and streets shown upon said Map, therein
offered for dedication be, and the same are hereby accepted for
the purpose for which the same are offered for dedication.
Pursuant to the provisions of Section 11587 of the Business
and Professions Code, the Council of the City of Bakersfield hereby
waives the requirement of signatures of the following:
NAME NATURE OF INTEREST
Kern County Land Company Mineral Rights below a depth of
500 feet with no right of sur-
face entry.
City of Bakersfield Sewer Line Easement recorded
February 27, 1969 in Book 4248
Page 742, O. R. County of Kern
No Final Soil Report has been submitted - No Building
Permit on any lot within this Tract shall be issued or be valid
until the Final Soil Report for Tract has been filed with the Chief
Building Inspector of the City of Bakersfield and the City Engineer
of the City of Bakersfield, and a Final Soil Report Certificate,
signed and issued by the City Engineer, has been recorded with the
County Recorder of Kern County.
The Clerk of this Council is directed to endorse upon the
face of said Map a copy of this authenticated by the Seal of the
Council of the City of Bakersfield and the Mayor is authorized to
execute the Contract and Specifications for improvements therein.
Approval of Tract No. 3412 and Mayor
authorized to execute Contract and
Specifications for improvements therein.
Upon a motion by Councilman Whittemore, it is ordered
that the Map of Tract No. 3412 be and the same is hereby approved:
That the Way, Avenue and Easements shown upon said Map and therein
offered for dedication, be, and the same are hereby accepted for
Bakersfield, California, July 6, 1970 - Page 14
the purpose or the purposes for which the same are offered for
dedication. Pursuant to the provisions of Section 11587 of the
Business and Professions Code, the Council of the City of Bakers-
field hereby waives the requirement of signatures of. the following:
NAME
Walter Weichelt, Freda Hanning,
Martha Green and Elsie Weichelt
Upward
Robert R. Buckley and Olive
Joy Buckley
NATURE OF INTEREST
3/8 of Mineral Rights 500 ft.
below surface by Probate No.
6813, Recorded April 24, 1951
in Book 1800, Page 425, O. R.,
and by Quitclaim recorded May
8, 1963 in Book 3604, Page 690
O. R.
5/8 of Mineral Rights 500 ft.
below surface as recorded May
8, 1963, in Book 3604, Page
692, O. R.
The Clerk of this Council is directed to endorse upon
the face of said Map a copy of this order authenticated by the
Seal of the City Council of the City of Bakersfield and the Mayor
is authorized to execute the Contract and Specifications for the
improvements in said Tract.
Acceptance of Work and the Mayor
authorized to execute Notice of
Completion for Contract No. 26-70
for Alterations and Additions at
Beale Park Outdoor Theater.
Upon a motion by Councilman Stiern, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
for Contract No. 26-70 for Alterations and Additions at the Beale
Park Outdoor Theater.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for
Contract No. 4-70 for Construction of
Traffic Signals and Highway Lighting
System at the intersections of Califor-
nia Avenue and Real Road and at Calif-
ornia Avenue and Stockdale Highway.
Upon a motion by Councilman Stiern, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
for Contract No. 4-70 for Construction of Traffic Signals and
Highway Lighting System at the intersections of California Avenue
and Real Road and at California Avenue and Stockdale Highway.
Bakersfield, California, July 6, 1970 - Page 15
Acceptance of Sewer Easements from
Stockdale Country Club for Stockdale
Estates Interceptor Sewer.
Upon a motion by Councilman Stiern,
Stockdale Country Club for Stockdale Estates
accepted.
Sewer Easement from
Interceptor Sewer was
Kern County Land Company and Stockdale Development Corporation for
Stockdale Estates Interceptor Sewer were accepted.
Upon a motion by Councilman Stiern, Sewer Easements from
Facility.
Approval of Plans and Specifications
for the construction of a Water Pollu-
tion Control Facility. Finance Director
authorized to advertise for bids.
Upon a motion by Councilman Rees, the plans and specifi-
cations were approved, and the Finance Director was authorized to
advertise for bids for construction of a Water Pollution Control
advertise for
42nd Street.
Request from Valley Realty to connect
four residences to the City Sewer
referred to the Planning Commission
for study and recommendation.
Upon a motion by Councilman Rucker, request from Valley
Realty to connect four residences to the City Sewer was referred
to the Planning Commission for study and recommendation.
Approval of plans and specifications
for Construction of Drainage Facilities
for 42nd Street.
Upon a motion by Councilman Rucker, plans and specifica-
tions were approved and the Finance Director was authorized to
bids for construction of Drainage Facilities for
Encroachment Permit granted Galleria
West, 1524 - 18th Street.
Upon a motion by Councilman Rucker, Encroachment Permit
was granted Galleria West, 1524 - 18th Street, to place seven
planter boxes three feet back from the curb and spaced along 18th
and Eye Streets.
Acceptance of Sewer Easements from
Kern County Land Company and Stock-
dale Development Corporation for
Stockdale Estates Interceptor Sewer.
Bakersfield, California, July 6, 1970 - Page 16
Approval of Plans and Specifications
for construction of Paving, Median
Islands and Irrigation System on New
Stine Road from Stockdale Highway to
Fjord Street. Finance Director authori-
zed to advertise for bids.
Upon a motion by Councilman Vetter, the Plans and Speci-
fications were approved and the Finance Director was authorized
to advertise for bids for construction of Paving,Median Islands
and Irrigation System on New Stine Road from Stockdale Highway to
Acceptance of Street Right of Way'
Deed from American Baptist Homes of
the West, Inc.
Upon a motion by Councilman Vetter, Deed for additional
right of way at the New Stine Road and Fjord Street intersection
from American Baptist Homes of the West, Inc. was accepted.
Adoption of Emergency Ordinance No.
1871 New Series amending Section
11.04.620 (c) of the Municipal Code
of the City of Bakersfield pertaining
to One-Way Streets and Alleys.
Upon a motion by Councilman Heisey, Emergency Ordinance
No. 1871 New Series amending Section 11.04.620 (c) of the Munici-
pal Code of the City of Bakersfield pertaining to One-Way Streets
and Alleys, designating Alpine Street a one-way street east to
west, was adopted by the following vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Bleecker
Approval of Agreement between the City
of Bakersfield and Stockdale Develop-
ment Corporation for landscaping median
islands on New Stine Road between Stock-
dale Highway and Fjord Street.
Upon a motion by Councilman Vetter, Agreement between
the City of Bakersfield and Stockdale Development Corporation for
landscaping median islands on New Stine Road between Stockdale
Highway and Fjord Street was approved and the Mayor was authorized
to execute the Agreement.
Fjord Street.
Bakersfield, California, July 6, 1970 - Page 17
Adoption of Resolution No. 46-70 of
the Council of the City of Bakersfield
fixing a time and place for hearing
protests by persons owning real property
within territory designated as "Wilson
Road No. 1", proposed to be annexed to
the City of Bakersfield.
Upon a motion by Councilman Vetter, annexation petitions
and consent to taxation petitions were accepted, and Resolution No..
46-70 of the Council of the City of Bakersfield fixing August 17,
1970 in the Council Chambers of the City Hall, as the time and place
for hearing protests by persons owning real property within territery
designated as "Wilson Road No. 1" proposed to be annexed to the
City of Bakersfield was adopted by the following vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whirremote
Noes: None
Absent: Councilman Bleecker
Adoption of Resolution No. 47-70 of
Intention to include within the Greater
Bakersfield Separation of Grade District
a portion of certain territory designated
as "Wilson Road No. 1", and setting the
time and place for hearing objections to
the inclusion of said territory within
said District.
Upon a motion by Councilman Vetter, Resolution No. 47-70
of Intention to include within the Greater Bakersfield Separation
of Grade District a portion of certain territory designated as
"Wilson Road No. l" and setting August 17, 1970 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, Vetfer,
Whirremote
Noes: None
Absent: Councilman Bleecker
Acceptance of Work and Mayor authorized
to execute Notice of Completion for
Contract No. 117-69 for Construction of
the Ashe Road Trunk Sewer.
Upon a motion by Councilman Whirremote, the Work was
accepted and the Mayor was authorized to execute the Notice of
Completion for Contract No. 117-69 for Construction of the Ashe
Road Trunk Sewer.
Bakersfield, California, July 6, 1970 - Page 18
Hearings.
This is the time set for public hearing on an appeal by
Carl F. Bermele to the decision of the Board of Zoning Adjustment
denying his application for a variance of an R-1 (Single Family
Dwelling) Zone to permit the operation and maintenance of a One-
Unit Beauty Shop wifh a reduction of the required off-street
parking from three to two spaces on property located at 2624 -
l?th Street.
This hearing has been duly advertised and posted and
four letters of protest were filed in the City Clerk's Office.
The Board of Zoning Adjustment considered the applica-
tion at a pu'blic hearing held June 9, 1970, to operate a beaufy
shop, a C-1 use, in an area zoned and developed with single family
homes. There are not other commercial uses within this vicinity.
The Board was of the opinion that although there is neighborhood
acceptance of this proposed use, approval of this application would
open the door for:others to apply for similar operations which
might be objectionable to the neighborhood.
Councilman Stiern asked Mr. Bermele, the applicant, if
he had any objections to continuing the hearing until Councilman
Bleecker could be present and present his opinions on the proposed
variance. Mr. Bermele stated that he would not object
the hearing until the next Council meeting On July 20,
would like to have his Councilman present.
Clerk was
Council,
adjourned at 10:10 P.M.
to continuing
1970, as he
Hearing was then continued for two weeks, and the City
instructed to re-notice all property owners in the area.
Adjournment.
There being no further business to come before the
upon a motion by Councilman Rucker, th~ meeting was
MAYOR of the Ci%~ of Bakersfield, Calif.
ATTEST:
of the Council
of the City of Bakersfield, California
Bakersfield~ California, July 20, 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.~ July 20~ 1970.
In the absence of Mayor Hart, Vice-Mayor Stiern acted as
presiding officer and called the meeting to order followed by the
Pledge of Allegiance and Invocation by the Reverend Don Anderson
of the First Assembly of God.
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 July 6, 1970 were
approved as presented.
Scheduled Public Statements.
Mrs. Dorothy Smith, representing the Business and Pro-
lesstonal Women of Bakersfield~ stated lhat she wished to speak
in favor of retaining the women Fire Alarm Operators~ and asked
if she should do so at this time~ or wail until the report listed
on the agenda from the Governmental Efficiency and Personnel Com-
mittee is submitted.
Vice-Mayor Stiern stated that no report will be submitted
tonight, as it has been withdrawn by the Governmental Efficiency
and Personnel Committee for presentation at a later date.
Mrs. Smith stated that many people feel the phasing out
of the operators is discrimination against female employees, and
pointed out that the City had gained its Class I rating while these
operators were working for the Fire Department. She asked if there
is a chance that Chief Paddock will reconsider his recommendation
to replace the female Fire Alarm Operators with male Firefighters.
Vice-Mayor Stiern asked the City Attorney to comment on
the allegation that replacing the Fire Alarm Operators is discrimina-
tion against women. Mr. Hoagland stated he has not been involved
with the matter, but inasmuch as the proposed phasing out of the
women would involve replacing them with Firemen who would be working
Bakers£ield~ California, July 20, 1970 - Page 2
in a dual capacity, and since obviously the women cannot act as
Firemen and fight fires, he does not believe that this would
involve discrimination.
Councilman Rees asked for a clarification of the removal
from the agenda o£ the report o~ the Governmental E~ficiency and
Personnel Committee. Vice-Mayor Stiern stated he received a copy
o£ the report with his ~ormal agenda material and at a late hour
on another day he received notice that the report would be deleted
from the agenda. The absence o~ the report tonight indicates to
him that the Committee obviously is not ready to make its recom-
mendation to the Council and further public comments at the time
it does so would be appropriate.
Councilman Whirremote stated that he would like to answer
that question for any people who are here because the report was a
scheduled agenda item. He had left instructions with the staff
that the report was not to be sent out to the Council members with
the agenda material as it had not been finalized by the Govern-
mental E£ficiency and Personnel Committee. Numerous committee
meetings have been held on this issue, and the tentative report
was written, which he disapproved~ and he asked that this report
not be sent out because he was still in the process of investigating
facts and figures which had been given to the Committee at its
meeting. He is sure that this report will either be changed, or
there will be two reports issued at the next Council meeting after
the investigation is completed.
Councilman Vetter commented that he does not feel a date
should be set for £inalizing this report~ however, he £eels the
Committee should submit one as soon as possible, as Councilman
Whirremote does have additional in£ormation which should be re-
viewed and time should be taken to prepare as factual a report as
possible.
Mr. Fred Ward, representing the Bakersfield City Employees
Association, addressed the Council, suggesting that the Committee
contact other cities faced with the same problem of replacing
Bakersfield, California, July 20, 1970 - Page 3
women operators with fire suppression personnel, and ascertain how
other public jurisdictions are handling this problem.
Paul Barnhart~ who stated he is a Fire Captain in the
Bakersfield Fire Department, read a prepared statement to the
Council, stating that the present Fire Alarm Operators and Fire
Alarm Supervisor have more than 50 years of combined experience in
competent operation of the fire alarm office. It is common know-
ledge that to do an effective job of fire protection, a fire officer
must be given prompt and accurate information from 'the alarm office.
Inexperienced operators are not as efficient as experienced ones.
Many of the men that have been assigned to the alarm office have
stated that they are not as qualified as the present professional
operators. Also, receiving rescue and fire alarm calls is not and
never will be a part time job.
He went on to say that professional firefighters should
fight fires and professional alarm operators should receive the
alarms and dispatch the men and equipment. Anything less than thim.
is a disservice to the taxpaying public that has grown to expect
the best protection available for their money. The Firemen in the
audience tonight are not here as a pressure group. They are here
to show their interest in their department and to let the Council
know that in no way do they support the recommendation of replacing
the present women operators.
The Council has been told that these men can do double
duty - 16 hours in fire suppression and fire station duties and
8 hours of their 24 hour shift as alert and competent operators.
He does not believe that this can be done.
The men of the Fire Department believe that regardless
of the Council's decision~ no amount of money or points can correct
the harm already done to the image of the Bakersfield Fire Depart-
ment. To throw out more than 50 years of employee experience is
obviously a mistake. The men of the Fire Department were not aware
of this recommendation until it became public knowledge and ask in
the interest of justice to these women and to help maintain an
efficient fire alarm response, to reject this proposal.
Bakersfield, California, July 20, 1970 - Page 4
Vice-Mayor Stiern commented that in the absence of a
report £rom the Governmental Ef£iciency and Personnel Commiltee~
no action can be taken by the Council at this time on the state-
ments that have been made relative to the Fire Alarm Operators.
Mr. Phil Berch addressed the Council, stating that as a
painting contractor residing within the City, he is required to
have a City Lisence and it is not fair for him to compete against
someone living outside the City who is not
license before doing business in the City.
to painting contractors~ but to all of the
required to obtain a
This applies not only
building trades.
He stated that other cities require outside contractors
to obtain a business license be£ore doing any work in the City~
but this is not done in Bakersfield. He feels that this is very
unfair to City residents who pay a business
vilege of working in the City, and he asked
gate the matter.
license for the pri-
the Council to investi-
Councilman Heisey commented that he understands the staff
has tightened up on this~ as it has been called to their attention
many times. He asked Finance Director Haynes to explain the City's
present policy in connection with licensing procedures.
Mr. Haynes stated that Mr. Berch is correcl in saying
there are a number of contractors who escape paying a business
license. One of the problems is that the City has to depend on
other painters to inform the License Department when a painter is
working without a license, as it is impossible to keep on top of
all the painting work being done in a city of this size.
Vice-Mayor Stiern asked if the City's Building Inspectors
are not aware of the work being done in the City and if they
notify the License Department. Mr. Haynes stated that the prime
contractor usually comes in and obtains a permit~ but the sub-
contractors are the ones who present the problem. However~ leads
are received mainly from the Building Department at the present
time. They are attempting to correct the situation by working out
a plan where the Building Department~ the State License Inspector
and the City's License Department all cooperate. It could be
Bakersfield, California~ July 20, 1970 - Page 5
solved by keeping a man in the field continuously, but they are
trying to handle it without going to this additional expense.
Councilman Bleecker commented it would appear to him that
most unlicensed contractors work out of their vehicles, pickups,
etc., and asked if it would be possible for the City to issue a
sticker to be displayed on the vehicle indicating that the con-
tractor has purchased a business license. If it were discovered
that contractors were operating without this sticker, they would
be subject to a fine or required to obtain a business license.
He feels that it would make enforcement a lot easier and the City
may find some revenue that has been overlooked.. He then made a
motion that this idea be submitted to the appropriate committee
of the Council for investigation.
Mr. Bergen stated that the staff is happy to receive any
suggestions, and the appropriate committee to refer this to is
the Business Development and Parking Committee. He pointed out
that there is no Building Permit required for painting, so many
times painting projects go on and the City does not receive any
official notice even from the Building Department. The majority
of local contractors obtain a license. It is the out-of-town
contractors who present the problem and it isn't fair to the
contractors who do take out a license. He feels that Councilman
Bleecker's suggestion to display a sticker on the contractor's
vehicle should be evaluated. Also,
contacted to ascertain what methods
problem.
perhaps other cities should be
they use to cope with this
matter to the Council's attention, and stated that
taken to correct any inequities which may exist at
Correspondence.
Vice-Mayor Stiern thanked Mr. Berch for calling this
action is being
the present time.
Upon a motion by Councilman Rucker, communication from
the Department of Housing and Urban Development, denying request
for a 60-day extension of time to submit Part II application for
California Avenue Park Neighborhood Center, but
extension until September 8, 1970, was received
on file.
approving a 30-day
and ordered placed
340
Bakersfield~ California, July 20, 1970 - Page 6
Councilman Stiern stated that in connection with this
project, he heard a report from a local news media that the County
is interested in the project as a location for a library in south-
east Bakersfield. He thinks it would be a very fine location for
a library and he hopes that this report indicates renewed interest
on the part of the County in funding a portion of the local share
for the California Avenue Park Neighborhood Center.
Upon a motion by Councilman Heisey, communications from
the Kern County Economic Opportunity Corporation and Mrs. W. L.
Werner, appealing to the Council not to curtail or abolish the
City Bus System, were received and ordered placed on file.
Councilman Whirremote commented that it might be helpful
if letters were addressed to the Department of Transportation so
that HUD officials will realize that the City of Bakersfield will
not be able to continue to operate its worn-out equipment unless
a grant is received from the Federal Government.
Councilman Heisey urged the public to contact the Board
of Supervisors as the future of the bus system is in its hands at
the present time. The City of Bakersfield has asked the Board to
form a metropolitan transit district as the City feels very strongly
that there should be adequate bus Service furnished.to the com-
munity. Time is running out, and it is urgent that something be
done immediately, as the bus service will probably be terminated
if funds are not received. He commended the Bakersfield Californian
for an editorial stressing the need for a low cost public trans-
portation system in the City of Bakersfield and pointing out the
extreme hardship placed on the City to continue to operate the bus
system indefinitely under the present circumstances.
Upon a motion by Councilman Rees, communication from Jack
L. Dalton, Planning Director, Kern County Planning Commission, Re:
701 Comprehensive Planning Grant, City-County Planning Program,
was received and'ordered placed on file.
Bakersfield, California, July 20, 1970 - Page 7
Upon a motion by Councilman Whirremote, communication
from the Pacific Gas & Electric Company, Re: In-depth audit re-
garding the adequacy of street lighting, was received and ordered
placed on file.
City Manager Bergen commented that the City has been
working on a fairly extensive street lighting program and the
City's bills for street lighting in the last ten years have in-
creased from $80,000 to $155,000, which is a rather substantial
increase. The City is in constant contact with Pacific Gas &
Electric's Lighting Engineer.
Upon a motion by Councilman Rees, communication addressed
to Mr. Norman A. McNamee, County Administrative Officer, from
Mayor Kenneth M. Smith, City of Ridgecrest, regarding a proposal
for County Service Area to Finance County Parks, was received and
referred to the City's
for study and report.
liaison representative, Councilman Stiern,
Council Statements.
Councilman Rucker, Chairman of the Auditorium and Rec-
reation Committee, stated that last Friday, two members of the
Auditorium and Recreation Committee met with Mr. Mac Hopkins, a
representative from the Housing and Urban Development Office, in
regard to the Phase II requirements for the California Avenue Park
Project. Mr. Hopkins informed the committee that it is extremely
important that an Advisory Citizens Committee be appointed by the
City in order that the architect can begin his initial planning on
this facility. This Citizens Committee will function in the same
manner as the Citizens Advisory Committee of the Civic Auditorium.
Mr. Hopkins suggested that the majority of the members
appointed to this committee should reside within the primary and
secondary service areas as designated in the Phase I application.
The boundaries of these service areas are Brundage Lane on the
south, Chester Avenue on
Fairfax Road on the east.
As Chairman of
Councilman Rucker recommended that
the west, Highway 44 on the north and
the Auditorium and Recreation Committee,
the City Council submit names
Bakersfield,:California, July 20, 1970 - Page 8
of appropriate interested citizens to Mayor Hart during the next
week and that Mayor Hart select a committee of seven people for
the Council's approval at the next regularly scheduled Council
meeting of August 3rd. If this recommendation is approved, please
keep in mind that this committee will meet periodically in making
plans for this facility and will continue to work as an advisory
committee once the facility is completed. This will require people
with enough time to devote to this worthwhile project and people
who can represent all factions of this community.
Councilman Rucker pointed out that the majority of the
members of the committee must~be selected from within the boundaries
of the area that is affected. In reply to a question relative to
appointment of people who are not residents of the City, Mr. Hoag-
land stated that if the City had a Joint Powers Agreement with the
County whereby they would appoint certain members from the County
area to the Citizens Advisory Committee, it could be done, but if
it is going to be a City Committee, the Council can only appoint
City residents.
City Manager Bergen stated that he would assume these
appointments would not be for indefinite periods, that terms of
office would be set out for each member after the Committee is
appointed. As he understands it, this would be a formal committee
established by the Council.
Mr. Hoagland commented that this is the first he has
heard of this committee, and he now questions his former statement
that the members must live within the City, because if it is a
requirement of the Federal Government, he would think it would
supersede the City Charter. It should be done by a Resolution
setting forth whatever guidelines are necessary and stating the
term of office.
Mr. Bergen suggested that the Auditorium-Recreation
Committee hold a meeting before the next Council meeting to dis-
cuss some of the details and he urged the Council to be prepared
to submit names at the next Council meeting.
Bakersfield, California, July 20, 1970 - Page 9
Councilman Rees stated he attended the meeting with Mr.
Hopkins and he made a very friendly recommendation, not without
authority, but not in a dictatorial fashion. The Committee raised
the question of what the duties of the Committee would be and Mr.
Hopkins assured them that the expertise would rest with the archi-
tect, the City slaff and the Recreation Deparlment, but the Federa~L
Government felt that il was necessary to have a liaison with the
grass roots people whose children would benefit and participate in
the project. He did not read any compulsion into Mr. Hopkins'
remarks except that he stated it was highly desirable thai a Com-
mittee be appointed as soon as possible. The architect stated he
would go ahead with the work that he has to do before this Committee
is appointed.
Councilman Vetlet made a motion to receive the report
and refer it to the City Attorney for clarification of the appoinl-.
merit of lhe Committee and to the Auditorium-Recreation Committee
for evaluation.
Councilman Vetter stated that report of the Citizens
Committee for New Police Building and Expansion of City Hall had
been referred to the Budget Review and Finance Committee, of which
he is Chairman. The staff is in lhe process of sending a letter
to the financial consultants, Schwabacher and Rafferty & Company
of San Francisco, and it is the intention to meet with them probably
the week of July 27th to discuss the various methods of financing
the alternatives as outlined in the proposal. He suggested lo the
staff that a letter be prepared for approval by the Committee, to
be sent to all local architects to arrange for appointments for
interviews by the Committee, so
for the particular building. As
proposed thai the Committee meet
17th, depending upon Councilman Rucker's
that an architect can be selected
Chairman of the Committee, he
either the week of August 10th or
vacation schedule.
Bakersfield, California, July 20, 1970 - Page 10
Reports.
Mr. Bergen reported that at the last Council meeting,
several comments were made regarding the traffic problem at Oak
Street and California Avenue and Oak Street and Truxtun Avenue.
The Traffic Authority and the Engineering Department are evaluating
these int:ersections at the present time and will make a complete
report in the future. Since there are right-of-way ~roblems
involved with separate right turn lanes, and additional problems
with left turn lanes, it may be some time before final recommenda-
tions are made, but as soon as these problems are resolved, a
report will be submitted to the Council.
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 3 to
117 inclusive, in amount of $174,512.10, as audited by the Finance
Approval Committee, were allowed, and authorization was granted
for payment of same.
Action on Bids.
Upon a motion by Councilman Heisey, low bid of Griffith
Co. for Annual Contract Type B Asphalt Concrete was accepted, all
other bids were rejected, and the Mayor was authorized to execute
the contract.
This
appeal by Carl
Deferred Business.'
was the time set for deferred public hearing on an
F. Bermele to the decision of the Board of Zoning
Adjustment denying his application for a variance of an R-1 (Single
Family Dwelling) Zone to permit the operation and maintenance of a
One-Unit Beauty Shop with a reduction of the required off-street
parking from three to two spaces on property located at 2624 -
17th Street.
This hearing has been-duly advertised and posted and
letters of protest have been received
Mrs. Quimby W. Taylor
George Dudley
Robert H. Young
Murray Arnold
Mrs. Harriet R. Hays
from the following:
2717 - 17th Street
1666 Myrtle Street
2614 - 18th Street
2725 - 17th Street
300 Oleander Avenue
Bakersfield, California, July 20, 1970 - Page 11
The Board of Zoning Adjustment considered the application
at a public hearing held June 9, 1970, to operate a beauty shop,
a C-1 use, in an area zoned and developed. with single family homes.
There are no other commercial uses within this vicinity. The Board
was of the opinion that although there is neighborhood acceptance
of this proposed use, approval of this application would open the
door for others to apply for similar operations which might be
objectionable to the neighborhood.
Vice-Mayor Stiern opened the public hearing and invited
those persons in favor of the variance to address the Council. Mr.
Carl Bermele, the applicant, stated that out of 41 property owners
who were residing within the 300 feet radius, only five were opposed
to the variance. He stated that this was only a small neighborhood
operation, which would not change the appearance of his property
in any way. He is the only original owner left in the neighborhood.
He stated there will not be more than one customer at a time, and
probably not more than two or three a day.
Mr. Ernest Collins of 2626 Truxtun Avenue, spoke in favor
of granting the variance, stating that most of the ladies in the
neighborhood patronize Mrs. Bermele and are very much in favor of
this variance.
No one expressing any opposition to the application for
a variance, Vice-Mayor Stiern closed the public hearing for Council
deliberation and discussion. Councilman Bleecker stated he would
like to speak in favor of this application and moved that the
variance be granted with a reduction of the required off-street
parking from three to two spaces.
After Council discussion, and in order to prevent any
physical changes being made by any future tenant, Zoning Resolution'
No. 229 granting the variance of the Land Use Zoning Ordinance of
the City of Bakersfield affecting that certain property as herein-
after described and zoned as an R-1 (Single Family Dwelling) Zone to
Bakersfield~ California, July 20~ 1970 - Page 12
permit the operation and maintenance of a One-Unit Beauty Shop
with a reduction of the required Of£-Street Parking from three to
two spaces on that certain property commonly known as 2624 - 17th
Streetswas adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey~ Rees~ Rucker~ Stiern,
Vetter~ Whirremote
Noes: None
Absent: None
subject to the following conditions:
That the residential appearance o£ the property must be
maintained as it is now and the wall sign on the front portion of
the property shall not exceed one half square foot.
Adoption of Ordinance No. 1872 New
Series of the City of Bakersfield
repealing obsolete and invalid
Chapters 3.10~ 10.06, 10.10~ 10.18~
10.207 10.22~ 10.32, 10.34~ 10.36,
10.37, 10.40~ 10.44 of the Municipal
Code of the City of Bakersfield.
After Council discussion, upon a motion by Councilman
Vetter, Ordinance No. 1872 New Series of the City of Bakersfield
repealing obsolete and invalid Chapters 3.10~ 10.06, 10.10~ 10.18,
10.20~ 10.22~ 10.32, 10.34~
Municipal Code of the City
following vote:
Ayes: Councilmen Bleecker~ Heisey~ Rees,
Vetter, Whirremote
Noes: None
Absent: None
10.36, 10.37, 10.40, 10.44 of the
of Bakersfield~ was adopted by the
Rucker~ Stiern~
Adoption of Ordinance No. 1873 New
Series of the Council of the City
of Bakersfield amending the Munici-
pal Code by tenumbering Chapter 2.16
(Procedure for Election) and its
included Sections.
Upon a motion by Councilman Heisey, Ordinance No. 1873
New Series of the Council of the City of Bakersfield amending the
Municipal Code by tenumbering Chapter 2.16 (Procedure for Elections)
and its included Sections, was adopted by the following vote:
Ayes:
Councilmen Bleecker~ Heisey~ Rees~ Rucker~ Stiern~
Vetter~ Whittemore
Noes: None
Absent: None
Bakersfield, California, July 20~ 1970 - Page 13
Acceptance of Grant Deed for Fire
Station Site and Letters of Under-
standing from Stockdale Development
Corporation.
Upon a motion by Councilman Stiern, Grant Deed from
Stockdale Development Corporation for Fire Station Site was accepted
at the price quoted, and the Mayor was authorized to execute letters
of understanding.
Adoption of Resolution No. 48-70 of
the City of Bakersfield pertaining
to the Personnel of the USS Francis
Hammond DE-1067.
Upon a motion by Councilman Heisey, Resolution No. 48-70
of the City Council of the City of Bakersfield pertaining to the
Personnel of the USS Francis
following vote:
Councilmen Bleecker,
Vetter,
Ayes:
Noes:
Absent:
None
None
Hammond DE-1067, was adopted by the
Heisey, Rees, Rucker, Stiern,
Whittemore
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 11.O4 by adding
Section 11.04.791 establishing a
Speed Limit on South Real Road.
First reading was considered given to an Ordinance of
the Council of the City of Bakersfield amending Chapter 11.04 by
adding Section 11.04.791 establishing a Speed Limit on South Real
Road.
Adoption of Resolution No. 49-70 of
the City of Bakersfield declaring its
intention to order a Modification of
Assessment Roll No. 246 and the Assess-
ment Diagram for Public Improvement
District No. 839.
Upon a motion by Councilman Rucker, Resolution No. 49-70
of the Council of the City of Bakersfield declaring its intention
to order a Modification of Assessment Roll No. 246 and the Assess-
ment Diagram for Public Improvement District No. 839, and setting
August 17, 1970 in the Council Chambers of the City Hall as the
time and place for public hearing before the Council, was adopted
by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Bakersfield, 'California, July 20, 1970 ~ Page 14
Approval of Agreement between the City
of Bakersfield, Jack I. Straus and
Robert K. Straus, as operators of KBIS
Radio Station; and Genevieve M. Howell
and William A. Howell, Jr.
Upon a motion by Councilman Rees, Agreement between the
City of Bakersfield, Jack I. Straus and Robert K. Straus, as
operators of KBIS Radio Station, and Genevieve M. Howell and
William A. Howell, Jr., for responsibilities of the parties for
the completion of the construction of Columbus Street, between
Christmas Tree Lane and Panorama Drive, was approved, and the
Mayor was authorized to execute this agreement.
Approval of Agreement with the County
of Kern for Program of Supervised
Community Recreation.
Upon a motion by Councilman Rucker, Agreement with the
County of Kern for Programs of Supervised Community Recreation
for the Fiscal Year 1970-71, was approved, and the Mayor was
authorized to execute same.
Request from the Coca-Cola Bottling
Corporation of Bakersfield for vaca-
tion of portion of alley in Block 222,
Godey Tract, referred to the Planning
Commission for study and recommendation.
Upon a motion by Councilman Whirremote, request from
the Coca-Cola Bottling Corporation of Bakersfield for vacation
of portion of alley surrounding their property located in Block
222, Godey Tract, was referred to the Planning Commission for
study and recommendation.
Acceptance of Street Right of Way
Deed from the Housing Authority of
the County of Kern.
Upon a motion by Councilman Rucker, Street Right of Way
Deed from the Housing Authority of the County of Kern for widening
of Lakeview Avenue at its intersection with East California Avenue,
was accepted.
Acceptance of Sewer Easement from
Bakersfield Christian Towers.
Upon a motion by Councilman Whirremote, Sewer Easement
from Bakersfield Christian Towers for existing sewer line at 3015
Wilson Road, was accepted.
Bakersfield, California, July 20, 1970 - Page 15
Acceptance of Work and Mayor authorized
to execute Notice of Completion for
Contract No. 27-70 for Improving a
portion of Panorama Drive between
Wenatchee Avenue and Crescent Drive.
Upon a motion by Councilman Rees, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
for Contract No. 27-70 for Improving a portion of Panorama Drive
between Wenatchee Avenue and Crescent Drive.
Action deferred for two weeks on Map
of Tract No. 3392 and Contract and
Specifications for improvements therein.
Councilman Heisey moved to approve Map of Tract No. 3392
and authorize the Mayor to execute the Contract and Specifications
for improvements therein. Councilman Bleecker commented that this
project is in his ward and he would like to have additional time
to look at the area. Councilman Heisey withdrew his previous
motion, and upon a motion by Councilman Bleecker, action on the
Map of Tract No. 3392 was deferred until the next Council meeting.
Approval of Map of Tract No. 3409
and Mayor authorized to execute Con-
tract and Specifications for improve-
ments therein.
Upon a motion by Councilman Vetter, it is ordered that
the Map of Tract No. 3409 be, and the same is hereby approved:
That all the easements, streets, drives and alleys shown upon
said Map therein offered for dedication be, and the same are
hereby accepted for the purpose for which the same are offered
for dedication.
Pursuant to the provisions of Section 11587 o£ the
Business and Professions Code, the Council of the City of Bakers-
field hereby waives the requirement of signatures of the following:
NAME
Kern County Land Company
City of Bakersfield
The Clerk of
the face of said Map a copy of
NATURE OF INTEREST
Mineral Rights below a depth
of 500 feet with no right of
surface entry
Sewer Easement recorded Feb.
27, 1969, in Book 4248, Page
743, O. R., County of Kern
this Council is directed to endorse upon
this order authenticated by the
Bakers£ield, California~ July 20, 1970 Page 16
Seal of the Council of the City of Bakersfield and the Mayor was
authorized to execute the Contract and Specifications for improve-
ments in said Tract No. 3409.
Hearings.
This is the time set for public hearing before the Council
on an application by Joseph M. Gannon to amend the zoning boundaries
from an R-1 (Single Family Dwelling) Zone to an R-3 (Limited Mul-
tiple Family Dwelling) or more restrictive, Zone, of that certain
property located at the northwest corner of Union Avenue and West
Columbus Street.
This hearing has been duly advertised and posted and no
written protests have been filed in the City Clerk's Office. Sub-
ject property contains 18 acres and is presently being used as a
golf course and driving range. The property will be served by
West Columbus Street~ a proposed secondary highway~ Union Avenue~
a major highway, and "Q" Street, a proposed secondary street.
The Commission was of the opinion that R-3 zoning of
this property would be compatible with existing zoning and existing
and proposed developments of the area. The Planning Commission
would recommend the "D" Overlay be applied in order to control
the overall site development plans of this large acreage, parti-
cularly the design of private streets serving the interior of the
complex and the ingress and egress of those streets to West
Columbus.
Vice-Mayor Stiern opened the hearing for public partici-
pation. Mr. JOseph Gannon, the applicant, stated this piece of
property would demand R-3 zoning, as it ties into his commercial
property in the area. No one objecting to the application, the
public hearing was closed.
Upon a motion by Councilman Heisey, Ordinance No. 1874
New Series amending Title 17 of the Municipal Code of the City of
Bakersfield by changing the land use zoning of that certain property
Bakersfield, California, July 20, 1970 - Page 17
in the City of Bakersfield located on the northwest corner of
Union Avenue and West Columbus Street, was adopted by the following
vote:
Ayes:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
This is the time set for public hearing before the Council
on an application by Frank St. Clair to amend the zoning boundaries
from an R-1 (Single Family Dwelling) Zone to an R-2-MH-D (Two Fami~[y
Dwelling - Mobile Home Park - Architectural Design) Zone, or more
restrictive, Zone, of that certain property commonly known as 1500
Pacheco Road.
This hearing has been duly advertised and posted and no
written protests have been filed in the City Clerk's Office. Sub-
ject parcel contains 8.8 acres and is located at the northeast
corner of South "H" Street and Pacheco Road. This parcel would
accomodate 79 mobile home sites as per City Ordinance.
The Planning Commission was of the opinion that a well-
designed and controlled mobile home park at this location would
detrimental to the existing or future development of this
not be
area.
The Vice-Mayor opened the hearing for public participatien.
Mr. Frank St. Clair, owner of the land, stated that they feel this
particular location would be ideally suited for a mobile home park
site, and that it would enhance the value of the property in the
area. No protests or objections being received, Vice-Mayor Stiern
closed the public hearing for Council deliberation and discussion.
After addressing several questions for purposes of clarification
to the applicant, Councilman Whittemore moved adoption of Ordinance
No. 1875 New Series amending Title 17 of the Municipal Code of the
City of Bakersfield by changing the Land Use Zoning of that certain
property in the City of Bakersfield commonly known as 1500 Pacheco
Road, which motion carried by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker,
Vetter, Whittemore
Noes: None
Stiern,
Absent: None
Bakersfield, California, July 20, 1970 - Page 18
This is the time set ~or public hearing before the
Council on appeal by Ralph A. Coston, Sr., to the decision of
the Board of Zoning Adjustment denying the application of Gordon
Day requesting a variance of zoning from a C-1 (Limited Commercial)
Zone to an R-3 (Limited Multiple Family Dwelling) Zone to permit
the operation and maintenance of a Cabinet Shop on that certain
property commonly known as
This hearing has
written protests have been
the following:
cabinet
Board
sides
1001 - 8th Street.
been duly advertised and posted and
filed in the City Clerk's Office from
Leo J. Wilson -New City Realty 1020 - 8th Street
Lovie D. Johnson 716 ,Q" Street
The applicant wishes to use an existing building for a
shop, an M-1 use in a C-1 and R-3 zone.
At the public hearing held June 23, 1970, before the
of Zoning Adjustment, the adjacent property owners on both
of subject property objected to the granting of this variance
as it was their feeling that a cabinet shop would not be compatible
to the other uses in this area.
Vice-Mayor Stiern opened the hearing for public partici-
pation. Both Councilman Vetter and Councilman Heisey commented
that in talking with Mr. Coston he had indicated that it was his
intention to withdraw his appeal, but no written request has been
received by any City Department.
Mr. Coston was not present at the hearing. Mr. Leo J.
Wilson, owner of New City Realty located at 1020 - 8th Street,
addressed the Council stating that he is vigorously objecting to
the change in zoning because as owner of all the property north
of 1001 8th Street and all of the property adjoining on the
east, he feels that a cabinet shop with all of the debris would
be detrimental to him as major property owner in the block. He
displayed maps and pictures of the area and also pictures of
existing cabinet shops in the City which verified his statements
Bakersfield, California, July 20~ 1970 - Page 19
that debris does accumulate because of this type of business, and
this proposed cabinet shop would be facing his property and be
very distasteful, as there would not be space to conceal the debris.
No one else wishing to be heard, the public portion of
the hearing was closed for Council deliberation and action. After
Council discussion, upon a motion by Councilman Vetter, seconded
by Councilman Stiern, Zoning Resolution No. 230 denying variance
of the Land Use Zoning Ordinance of the City of Bakersfield affectJLng
that certain property as hereinafter described and zoned as a C-1
(Limited Commercial) Zone and an R-3 (Limited Multiple Family
Dwelling) Zone to permit the operation and maintenance of a cabinet
shop on that certain property commonly known as 1001 - 8th Street,
was adopted by the £ollowing vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whirremote
Noes: None
Absent: None
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Vetter, the meeting was
adjourned at 11:35 P.M.
MA~OR~/the City of Bakersfield, Calif.
ATTEST:
C~%~K and E~x Officio Cle~ of the Council
o£ the City of Bakersfield, California
Bakersfield, California, August 3, 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., August 3, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Robert
Stuebbe of the Grace Reformed Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Heisey, Stiern, Vetter,
Whiilemore
Absent: Councilmen Bleecker, Rees, Rucker
Minutes of the regular meeting of July 20, 1970 were
approved as presented.
Scheduled Public Statements.
Miss Pauline Marzelte, Youth Center Program Coordinator,
introduced several workers from the Virginia Avenue Youth Center
who presented the Council with paper weights which had been made
by the youth at the center. Miss Sylvia Rudinou, Assistant
Coordinator, stated that the. Virginia Avenue Youth Council had
made these paper weights to present to the Council in appreciation
and to better the relationship between the minority youth and the
City fathers. They are planning a trip to Disneyland very soon
and asked financial assistance from the City in securing tickets
and transportation for this trip. Mayor Hart pointed out that it
is the policy of the Council to refer requests of this nature to
the Auditorium-Recreation Committee for study and recommendation
and invited Miss Marzette to come into his office Tuesday after-
noon to discuss this matter with him.
Correspondence.
Upon a motion by Councilman Stiern, communications from
the American Association of Retired Persons, and Miss Angela M.
Wilson, urging the Council lo conlinue the City Bus System, and
communication from Mrs. Regina M. Stewart, expressing enjoyment
of the Sunday Night Band Concerts in Beale Park, were received and
ordered placed on file. Councilman Stiern commented that the
correspondence received telalive to the Bus System could be signi-
ficant if the matter is submitted to the electors at the November
election.
Bakersfield, California, August
3, 1970 - Page 2
Upon
331 inclusive,
Allowance of Claims.
a motion by Councilman Heisey, Vouchers Nos. 118 to
in amount of $282,651.76, as audited by the Voucher
Approval
payment.
Committee, were allowed and authorization was granted for
Council Statements.
Councilman Heisey asked Public Works Director Jing to
investigate a property at 118 Northrup Street which is an eyesore
to the neighborhood due to the need for the abatement of weeds and
the dilapidated condition of the building.
Reports.
Councilman Whittemore, member of the Auditorium-Recreation
Committee read the following report on the subject of California
Avenue Park Neighborhood Facility Advisory Committee:
At the July 20th meeting of the City Council a request
was made by Del Rucker, Chairman of the Auditorium-Recreation
Council Committee, regarding the appointment of a Citizens Advisory
Committee for the California Avenue Park Neighborhood Facility. At
that time Councilman Ken Vetter requested clarification of the
appointments to this Committee. In answer to this request our
City Attorney has advised us that the City Charter makes it mandatory
for citizens serving on Council advisory committees to be residents
of the City of Bakersfield.
We have also been in contact with Mr. Mac Hopkins of the
HUD Office who informed us that as far as the Federal Government
is concerned, this committee can be made up of citizens throughout
the community; however, he strongly urged that appointments be made
from within the proposed neighborhood area.
With these two points in mind, we would like the Council
to consider appointing a committee immediately as it is most
important for the architect to begin his plans. A deadline of
September 8th for submission of Phase II of our application has
been set by the Federal Government.
The Auditorium-Recreation Council Committee has recom-
mended that each Councilman furnish names of appropriate interested
citizens to Mayor Hart and that he select a committee of seven
Bakersfield, California, August 3~ 1970 - Page 3
people for the Council's approval at our next Council meeting.
Your recommendations should be listed in order that your selections
will receive appropriate consideration. We would recommend that
the Council follow the advice of the Federal Government and appoint
citizens who reside within the neighborhood area. Once this com-
mittee is appointed~ the term of office for each member can be
determined by the City Council.
If this recommendation is not acceptable by the Council~
we would like to recommend that each Councilman appoint one member
to serve on this Citizens Advisory Committee. Please remember
thai this person should have available time and interest to devote
to this worthwhile project.
time and the appointment of
of the program.
Keep in mind that we are pressed for
this Committee is a must at this phase
Councilman Heisey stated he was prepared tonight to
nominate Mr. John A. McCoy, 23? E1 Cerrito Drive, to serve on
this Committee.
During discussion~ it was determined that the Committee
need not necessarily be limited to seven members. It was moved
by Councilman Vetter that the report be received and placed on
file, and that the Committee be composed of nine members, one to
be appointed by each Councilman~ and two to be appointed by the
Mayor. Names are to be submitted to the Mayor, who was authorized
to appoint the Committee without further action by the Council.
This motion carried unanimously.
After discussion, upon a motion by Councilman Vetter,
the Council went on record as opposing SB 476, which would add two
additional representatives from special districts as members of
LAFCO. The additional representation proposed would tend to
defeat the intent and purpose of LAFCO in that such representatives
could not make an unbiased evaluation where their personal positions
are directly affected.
Mayor Hart read a report from H. E. Bergen~ City Manager~
on the subject of increased rates for collection of refuse by
private disposal companies. The present rates that the City of
Bakersfield, California, August 3, 1970 - Page 4
Bakersfield pays to private disposal companies for collection of
refuse within newly annexed territories were established on March
20, 1967. The present contract has a termination date of August
31, 1981, unless terminated earlier by either party, with one year's
notice. Section 16 of this Agreement provides that annually the
contract can be adjusted depending on operating costs. In the
period of time from March 20, 1967, no increase has been granted.
In January, 1969, the County of Kern approved an increase of approxi-
mately 16 percent.
The Department of Public Works has met with representatives
of Kern Disposal, Inc. and is satisfied that a 10 percent increase
is justified. On that basis, su£ficient funds were budgeted to
allow for a l0 percent increase.
Councilman Vetter suggested that any action be delayed
until a full Council is present. Councilman Whittemore commented
it would be his suggestion that this matter be reviewed by a Com-
mittee for recommendation to the Council. Upon a motion by Council-
man Vetter, the matter was referred to the Governmental Efficiency
and Personnel Committee for study and recommendation.
Action on Bids.
Upon a motion by Councilman Stiern, low bid of Specialized
Spray Service for abatement of weeds in the City was accepted~ all
other bids were rejected, and the Mayor was authorized to execute
the contract.
Approval of Map of Tract 3392 and
Mayor authorized to execute Contract
and Specifications for Improvements
therein.
Upon a motion by Councilman Heisey, it is ordered that
the Map of Tract No. 3392 be, and the same is hereby approved.
That all easements shown upon said Map and thereof offered for
dedication be, and the.same are hereby accepted for the purpose or
the purposes for which the same are offered for dedication. Also,
the courts shown upon said Map and therein offered for dedication
be, and the same are hereby accepted for public use.
Bakersfield, California, August 3, 1970 - Page 5
Pursuant to the Provisions of Section 11587 of the Busi-
ness and Professions Code, the City Council hereby waives the
requirement of signatures of the following:
NAME
Kern County Land Company
Pacific Gas &Electric Company
NATURE OF INTEREST
Mineral Rights below 500'
Tower Line Easements
The Clerk of this Council is directed to endorse upon
the face of said Map a copy of this order authenticated by the
Seal of the City Council of the City of Bakersfield and the Mayor
is authorized to execute the Contract and Specifications for
improvements in said Tract.
Adoption of Ordinance No. 1876 New
Series of the Council of the City
of Bakersfield amending Chapter 11.04
by adding Section 11.04.791 establish-
ing a Speed Limit on South Real Road.
Upon a motion by Councilman Vetter, Ordinance No. 1876
New Series of the Council of the City of Bakersfield amending
Chapter 11.04 by adding Section 11.04.791 establishing a Speed
Limit on South Real Road, was adopted by the following vote:
Ayes: Councilmen Heisey, Stiern, Vetter, Whirremote
Noes: None
Absent: Councilmen Bleecker, Rees, Rucker
Appointment of Member of Citizens
Committee to assist in a study
relative to freeway routes.
Councilman Stiern submitted the name of Mr. Joseph
Koegler for appointment as member of Citizens Committee to assist
in a study and recommendation to the Highway Department relative
to freeway routes.
Adoption of Minute Order authorizing
the City Manager and City Attorney to
take appropriate legal action Re:
Application to the California Public
Utilities Commission by the Kern Island
Water Company to withdraw from utility
service portions of its service area.
Upon a motion by Councilman Heisey, the Council adopted
a Minute Order authorizing the City Manager and City Attorney to
take appropriate legal action relative to application to the
California Public Utilities Commission by the Kern Island Water
Company to withdraw from utility service portions of its service
area.
Bakersfield, California, August 3, 1970 - Page 6
Approval of Agreement with Leonard J.
Schroeder, Architect, A. I. A., for
the construction of the California
Avenue Park Community Center.
Upon a motion by Councilman Stiern, Agreement between
the City of Bakersfield and Leonard J. Schroeder, Architect, A. I. A.,
for the construction of the California Avenue Park Community Center
was approved, and the Mayor was authorized to execute the Agreement.
It was requested that copies of the proposed Agreement be supplied
to all members of the Council within the next week. Councilman
Whittemore abstained from voting on this motion.
Adoption of Resolution No. 50-70 of
the Council of the City of Bakersfield
making application to the Office of
Procurement, Department of General Ser-
vices, State of California, to purchase
Credit Card Service.
Upon a motion by Councilman Stiern, Resolution No. 50-70
of the Council of the City of Bakersfield making application to
the Office of Procurement, Department of General Services, State
of California, to purchase Credit Card Service, was adopted by the
following vote:
Ayes: Councilmen Heisey, Vetter, Stiern, Whittemore
Noes: None
Absent: Councilmen Bleecker, Rees, Rucker
Adoption of Resolution of Intention
No. 855 of the Council of the City
of Bakersfield declaring its intention
to order the vacation of a Public
Utilities Easement in Lot 12, Tract
3160, City of Bakersfield.
Upon a motion by Councilman Heisey, Resolution of Intention
No. 855 of the Council of the City of Bakersfield declaring its
intention to order the vacation of a Public Utilities Easement in
Lot 12, Tract 3160, City of Bakersfield and setting August 31, 1970
for hearing on the matter before the Council, was adopted by the
following vote:
Ayes:
~Noes:
Absent:
Councilmen Heisey~
None
Stiern, Vetter, Whirremote
Councilmen Bleecker, Rees, Rucker
Bakersfield, California, August 3, 1970 - Page 7
First reading of an Ordinance of the
City of Bakersfield repealing Section
17.23.080 of the Municipal Code of
the City of Bakersfield, Parking Area.
First reading was considered given an Ordinance of the
City of Bakersfield repealing Section 17.23.080 of the Municipal
'Code of the City of Bakersfield, Parking Area.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Chapter 4.04 (Wards) of the
Municipal Code by specifically altering
the boundaries of the Fifth and Sixth
Wards; and the boundaries of the Second
and Fourth Wards; and, where applicable,
revising the boundaries of all wards to
reflect subsequent annexations.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield amending Chapter 4.04 (Wards)
of the Municipal Code by specifically altering the boundaries of
the Fifth and Sixth Wards; and the boundaries of the Second and
Fourth Wards; and where applicable, revising the boundaries of all
wards to reflect subsequent annexations.
Application for Leave to Present a
Late Claim by Mrs. DianeGiggy referred
to the City Attorney.
Upon a motion by Councilman Vetter, application for Leave
to Present a Late Claim by Mrs. Diane Giggy was referred to the
City Attorney.
Approval of Agreement and Lease with
County of Kern for Operation of Dog
Pound.
Upon a motion by Councilman Heisey, Agreement and Lease
with~ County of Kern for Operation of the Dog Pound was approved,
and the Mayor was authorized to execute same.
Adjournment.
There being no further business to come before the
by Councilman Stiern, the meeting was
Council, upon a motion
adjourned at 8:50 P.M.
'~'" of~
ty of Bakersfield, Calif.
ATTEST:
Ty~~a n ~ ~x -~ ~ ic i h~l e r---~
CI of the Council
of the City of Bakersfield, California
Bakersfield, California, August 17, 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., August 17, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Ross
McGuire of the College Heights United Church of Christ.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Rees, Rucker, Stiern,
Vetter, Whittemore
Absent: Councilman
Minutes of
approved as presented.
Heisey
the regular meeting of August 3, 1970 were
Correspondence.
Upon a motion by Councilman Vetter, communication from
the Reverend Daniel DeDominicis, Pastor of Our Lady of Guadalupe
Church, 601 East California Avenue, requesting assistance from the
City to control speeding in front of the church, was received and
ordered placed on file. Mr. Bergen asked that the record show thai:
this church is located in the unincorporated area and not under the
jurisdiction of the City Traffic Authority.
Upon a motion by Councilman Rucker, copy of communicatio~
addressed to Mr. Fred Norris, President of the Greater Bakersfield
Chamber of Commerce, from Panokern Optical Company, was received
and ordered placed on file.
The City Clerk advised that communications had been
received from the Kern County Retired Employees Association and
Maude Van Gundy, urging the Council to continue to operate the
City Transit Service.
Council Statements.
Councilman Stiern commented that he had read a news
from the Firemens' Union announcing that the City and Kern County
Firefighters Unions had joined forces into one large collective
union. They were working towards certain goals such as the con-
solidation of the City and County Fire Departments, and are opposed
to annexation. It occurs to him that this group represents the
release
Bakers£ield, California, August 17, 1970 - Page 2
third largest political party in Kern County. They are a potent,
political force in City and County elections and boast o~ their
success in electing Supervisors and warn their opponents not to
inter£ere with their political ventures. It occurs to him that
the Council in opposing the consolidation of the two Fire Depart-
ments has been on the wrong track, and that such a consolidation
might be a good thing and the Council ought to consider it. He
stated in considering it, he would not expect the residents of
the City to be satisfied with the level of service of£ered by the
County at the present time, and that the City should not settle
£or less service than it is now receiving. By this consolidation,
this militant organization can then take its problems to the Board
of Supervisors rather than making themselves heard in every election
that comes along and appearing before the City Council.
He suggested that the answer would be to study and con-
sider the possibility of a consolidation and what benefits would
accrue to the City taxpayers. He there£ore moved that the staff
study the potential of, and the advantages of, consolidating the
City Fire Department with the County Fire Department and report
back to the Council at some £uture date.
Councilman Vetter stated he would be absolutely opposed
to the Bakersfield Fire Department merging with the County Fire
Department. The City has an excellent department, one of the
best in the country, and there is no way that the City can improve
its level of service by consolidating with the County. It is most
important to consider the people in the Bakers£ield Fire Depart-
ment who have spent many years in the department, and if they
were merged with the large County department, there is a possi-
bility thai these loyal people would be passed over £or advance-
ment.
Councilman Rucker stated he could see no advantage in
consolidating the two departments, and he does not £eel that the
Council should encourage it merely because of the political views
of some members of the City Fire Department.
Bakersfield, California, August l?, 1970 - Page 3
City Manager Bergen commented that this would be a long
term project for the staff and he hoped the Council understands
it will take several months to accomplish.
Vote was then taken on Councilman Stiern's motion, which
failed to carry by the £ollowing roll call vote:
Ayes: Councilman Bleecker, Stiern
Noes: Councilmen Rees, Rucker, Vetter, Whittemore
Absent: Councilman Heisey
Reports.
Councilman Stiern, member of the Water and City Growth
Committee, read a report on the subject of the Municipal Transit
System, stating that the Water and City Growth Committee met with
Supervisors Miller and Fairbairn on June 8th for the purpose of
discussing the creation of a Metropolitan Transit District to
serve the entire Greater Bakersfield Area. Subsequent follow-up
meetings have been held individually with Supervisors Miller and
Fairbairn on this matter.
It was brought out in these meetings that the City has
lost money on the Transit System every year since 1957 when it
first acquired the system, and that the present buses are in very
poor condition. $90,000 was lost for the fiscal year just ended
and it will probably amount to $100,000 for this present fiscal
year. The Committee believes that a transit system which serves
the entire Greafer Bakersfield Area should be financed by that
Area.
In its letter of June 15, 1970 to the Board, the City
offered to (1) transfer its pending application for Federal Funds
for new buses (2) transfer the existing transit fleet to an appro-
priate public organizafion~ such as a Metropolitan Transit District
serving the Greater Bakersfield Area; and (3) lease the present
transit facilities~ if desired, at 3101 - 16th Street for a reasonable
fee. It was pointed out in this letter that we considered the
matter to be an urgent request and furthermore, we requested prompt
and favorable action by the Board.
In the interim, we have learned unofficially that the
County Counsel feels that there may be some legal hindrances in
Bakersfield, California, August 17, 1970 - Page 4
the immediate creation of a Transit District which would serve the
Greater Bakersfield Area. It must be pointed out, however, that
we have received nothing in writing or of an official nature from
the County regarding this request. As the deadline for adding
items on the November ballot is August 18th, it has become necessary
that this Council act promptly. Our alternatives are to place the
issue before City voters in November, call a special election at
some later date, or do nothing and continue the existing operation
with its increasing annual losses.
The City got into the transit business in March, 1957,
as a result of the electorate creating the Bakersfield Transit
Authority and, consequently, this Committee believes it would be
appropriate for the electorate to decide in November whether or
not the City should continue to provide a transit service for the
entire Greater Bakersfield Area.
Therefore, this Committee recommends that the City
Council adopt this report and that the following question appear
as Proposition #1 on the City Ballot at the November election:
"Shall the City of Bakersfield abolish the
Municipal Transit System by the repeal,
effective March l, 1971, of Chapter 1.50
of the Municipal Code providing for the
operation and financing of the Transit
System?"
Councilman Stiern then moved adoption of the report.
Mrs. F. W. Hort, who lives at 7811 Niles Street, addressed
the Council, stating that she is a member of Bakersfield Community
House and works with older people who are dependent on the buses
for transportation. She stated she heartily agrees that the County
should assist in financing this transit system, however, she urged
that the Council give some thought to the need existing in the
community for a transportation system before discontinuing the
system.
The Council
Councilman Whittemore
who had earlier asked
system, be recognized
engaged in discussion on the report and
requested that Supervisor Milton Miller,
to speak on the subject of the transportation
and permitted to address the Council.
Bakersfield, California, August l?, 1970 - Page 5
Supervisor Miller stated that he recalled the letter of
June 15th mentioned in the Water and City Growth Committee's report,
and it was received by the Board o£ Supervisors. A meeting was
held with Councilman Stiern and Heisey and he and Mr. Fairbairn
had agreed to look into the formation of a Metropolitan Transit
District, but they were waiting for an answer from the County
Administrative Officer be£ore proceeding on the matter. He was
not aware that the County Counsel had indicated there were any
legal hindrances in the immediate creation of a Transit District
to serve the Greater Bakers£ield Area. The County Administrative
Officer had stated that he thought it would be necessary to obtain
the authority to form this District from the State legislative body
and therefore it would take some time. There was never any question
about turning it down, although he did take issue with Mr. Stiern
when he said he was going to have to abolish the Municipal Transit
System.
Councilman Stiern requested a point of order stating that
he had never said he was going to abolish the transit system. Mr.
Miller corrected himself and stated that Mr. Stiern had remarked
that the Council would have to abolish the system.
Mr. Miller went on to say that he did not see how the
Council could think of such a thing, to deprive working and elderly
people of their only means of transportation. He stated that the
report implied that the Board of Supervisors really does not wish
to form a Metropolitan Transit System and he resents this type of
misinformation being circulated to the public. All it would take
would be a telephone call to get together and discuss the matter.
He stated he would never initiate placing this matter on the ballot
and predicted it would be defeated.
Mayor Hart stated that he wanted to exercise the priority
of the chair and answer Mr. Miller. He cannot enthuse with the
continued debate relative to the area of responsibility or the
dereliction of duties. He will not permit it as long as he presides.
There is only one way that this can be determined and that is by the
Bakersfield, California, August l?, 1970 - Page 6
people, the electorate, who put the City in the transit business
in the first place. What has to be done is a responsible accounting
to the people of Bakersfield of the expenditure of their funds by
the Council. The City is losing money every day on the transit
system and the people who pay the taxes are getting tired of it.
They have the right to exercise the ballot and it is either necessary
to meet the ballot deadline tonight~ or cast it adrift and operate
the transit system for another year at a considerable loss to the
taxpaying public.
Councilman Bleecker commented that to his knowledge the
Council has not received a reply to their request to the County
for assistance in creating a transportation system to serve the
entire Greater Bakersfield Area. If this measure is placed on the
ballot, the Council will find out what the people of Bakersfield
want to do~ and he stated he will support Councilman Stiern's
motion.
After some additional Council discussion, vote was taken
on Councilman Stiern's motion to adopt the report~ which carried
by the following roll call vote:
Ayes: Councilmen Bleecker, Rees, Stiern, Vetter, Whittemore
Noes: Councilman Rucker
Absent: Councilman Heisey
Councilman Whittemore, Chairman of the Governmental
Efficiency and Personnel Committee, read a report of that Com-
mittee on the subject of increased refuse collection rages, stating
that the City had had a contract with Kern Disposal~ Inc. since
March 20, 1967, for refuse and garbage collection in the recently
annexed parts of the City. Since that time the number of residen-
tial accounts has increased from 577 on March 20, 1967, to 949 as
of July 1, 1970. The number of commercial accounts has increased
from 67 to 172 during the same period.
expressed satisfaction with a proposed
and this amount is included within the
Kern Disposal, Inc. has
ten percent rate increase
1970-71 Budget.
Bakersfield, California, August 17, 1970 - Page 7
In view of increasing operating costs, inflation and the
good service provided by Kern Disposal, Inc. the Governmental
Efficiency and Personnel Committee recommends that the City Council
adopt this report and authorize the Mayor to execute an amendment
to Agreement No. 29-67, establishing a 10% rate increase for resi-
dential and commercial refuse and garbage collection effective
August 1, 1970.
Councilman Whittemore stated that he wanted it understood
that City residents are not being charged for the collection of
refuse and garbage and he then moved adoption of the report. This
motion carried, with Councilman Bleecker voting in the negative.
Councilman Whittemore, Chairman of the Governmental
Efficiency and Personnel Committee, read a report from that Com-
mittee on the subject of Vacation Leave Computation.
The present procedures of computing vacation leave earned
involve rounding off to the nearest full day. This results in some
employees getting extra vacation credit in small amounts during
certain years, while some employees lose a little vacation credit
during the same years. Consequently,
better vacation benefits than others,
appointment.
some employees receive slightly
depending upon their month of
In order to avoid this situation, it is suggested that
rounding off vacation leave be minimized and that fractional
vacation balances be carried forward automatically from one
calendar year to the next. This Committee has reviewed this
situation and recommends that the City Council approve this report
and make the first reading for the Ordinance in order to ensure
that the employees will not
vacation leave.
Section 3.18.190
changed to delete reference
lose or gain fractional amounts of
(c) titled Computing Vacations has been
to the rounding off the vacation leave
earned to the nearest full day.
Section 3.18.190 (n) Fractional Balances have been added
and provides that - Fractional balances of less than one full working
day or 24-hour duty shift are automatically carried forward to the
next calendar year.
Bakersfield, California, August 17, 1970 - Page 8
After Council discussion, upon a motion by Councilman
Whirremote, the report was adopted, and the Ordinance was given
first reading at this meeting.
Councilman Kenneth E. Vetter~ Chairman of the Budget
Review and Finance Committee, read a report on the subject of
1970-71 Budget Adjustments, stating that the following adjustments
to the 1970-71 Budget are recommended by the Budget Review and
Finance Committee:
Automobile plus Radio. Increase the appropriation
in Account 11-690-7200 by $3,100. Account 11-690-
7500 is to be increased by $900. The purpose of
these adjustments is to provide for the acquisition
of a new automobile and radio for the additional
Building Inspector position authorized during the
budget hearings in June.
Increased Fire Insurance Coverage and Premiums·
The City's Ynsurance Agent has recently completed
a review of the City's Fire Insurance coverage
with the recommendation that the City increase
its coverage which will cost the City an additional
$6,000 per year in premiums.
Refunds - Sewer Connection Charges. Advanced sewer
connection charges were paid by the firms of E. F.
Karpe and Stewart and Wattenbarger. Last year
these advanced payments became unnecessary and
duplications as a result of the City's successful
sewer bond issue in the southwest area. A refund
of $2,612.05 is due the firm of E. F. Karpe, Inc.
for advanced payments on Tract No. 3101. A refund
of $6,865.00 is due the firm of Stewart and
Wattenbarger for advanced payments on Tract No.
3201. It is recommended that the fees for Tracts
2942 and 2792 which were developed in the south-
west area by Mr. Dandy, be waived.
The total 1970-71 Budget is approximately $12,780,000,
which is an increase of only $320,000, or 3.4% over last year's
budget. The property tax rate of $2.8721 remains unchanged for
the fourth consecutive year, and it has been nine years since the
City had its last property tax rate increase.
The City Council, City Manager and Department Heads are
to be commended for their cooperation in helping the City maintain
its high level of service without increasing the burden of the
property taxpayer.
This Committee recommends that the City Council adopt
the recommendations of the memorandum dated August 17, 1970, from
the Public Works Director to the City Manager.
Bakersfield, California, August 17, 1970 - Page 9
Councilman Vetter stated he would like to make a couple
of comments. It is fine to say that the Council can hold the tax
line and there has been no property tax increase, however, the
fact remains that taxes were increased by the adoption of the 5%
Utility Tax which it is contemplated will raise $750,000 in revenue,
for the City. He favored adopting this tax, as he feels very
strongly that the property taxpayer has reached the limit for paying
additional taxes for the cost of government. The most important
thing to realize is that next year this Utility Tax will not develop
any more revenue than it has this year, and if additional salary
demands are made upon the City, it will be necessary for the Council
to either develop new sources of revenue or resist any increase in
the City's budget. The time to start considering additional sources
of revenue is now or the present level of service or something else,
will have to be cut from the budget. He then moved adoption of the
Report.
Councilman Stiern commented that from what he has read,
every City in the Country is in the same condition and is looking
for additional sources of revenue to operate, or considering the
deletion of services.
Councilman Rucker commented that as long as the cost of
living continues to rise, people who work for a living are going
to have to have raises in their salary. The City has been fortunate
that a tax increase has not been necessary at this time, but he
feels that eventually City taxes will have to be increased, if the
cost of living continues to go up.
Councilman Bleecker asked the City Attorney what the
status of the Utility Tax is at the present time as far as the
State Legislature is concerned. Mr. Hoagland replied that the
State Legislature hasn't done anything about it, but the Superior
Court in Fresno validated it and declared it constitutional, how-
ever, that is a lower court ruling. That ruling will be appealed
and most likely there will not be an answer from the Appelate
Court for possibly another year. As far as the City of Bakersfield
is concerned, it is a valid tax.
Bakersfield, California, August 17~ 1970 - Page l0
A£ter additional Council discussion,
Councilman Vetter's motion to adopt the Report,
unanimously.
Allowance of Claims.
Upon a motion by Councilman Bleecker,
to 506 inclhsive, in amount
Voucher Approval Committee~
granted for payment.
Upon a motion
vote was taken on
which carried
Vouchers Nos. 332
of $190,075.89, as audited by the
were allowed, and authorization was
Action on Bids.
by Councilman Stiern, all bids were
rejected as excessive, and the Finance Director was authorized
to readvertise for the construction of Drainage Facilities for
42nd Street.
Deferred Business.
Upon a motion by Councilman Rees, Ordinance No. 1877 New
Series of the City of Bakersfield repealing Section 17.23.080 of
the Municipal Code of the City of Bakersfield, Parking Area, was
adopted by the following vote:
Ayes: Councilmen Bleecker, Rees, Rucker, Stiern~ Vetter~
Whittemore
Noes: None
Absent: Councilman Heisey
Upon a motion by Councilman Stiern, Ordinance No. 1878
New Series of the Council of the City of Bakersfield amending
Chapter 4.04 (Wards) of the Municipal Code by specifically altering
the boundaries of the Fifth and Sixth Wards; and the Boundaries of
the Second and Fourth Wards; and, where applicable, revising the
boundaries of all wards to reflect subsequent annexations, was
adopted by the following vote:
Ayes: Councilmen Bleecker, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes:
Absent:
None
Councilman Heisey
1
Bakersfield, California, August 17, 1970 - Page ll
Adoption of Resolution of Intention
No. 856 of the Council of the City
of Bakersfield declaring its intention
to order the vacation of a Public Utili-
ties Easement along Lots 1 through 19
inclusive, Tract No. 3250, City of
Bakersfield.
Upon a motion by Councilman Whittemore, Resolution of
Intention No. 856 of the Council of the City of Bakersfield de-
claring its intention to order the vacation of a Public Utilities
Easement along Lots 1 through 19 inclusive, Tract No. 3250, City
of Bakersfield, and setting date of September 14, 1970 for hearing
before the Council, was adopted by the following vote:
Ayes:
Councilmen Bleecker, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Heisey
Adoption of Resolution of Intention
No. 857 of the Council of the City of
Bakersfield declaring its intention
to order the vacation of a portion of
alley in Block 222, Godey Tract, City
of Bakersfield.
Upon a motion by Councilman Rucker, Resolution of In-
tention No. 857 of the Council of the City of Bakersfield declaring
its intention to order the vacation of a portion of alley in Block
222, Godey Tract, City of Bakersfield, and setting date of September
14, 1970 for hearing before the Council, was adopted by the follow-
ing vote:
Ayes: Councilmen Bleecker, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Heisey
Adoption of Resolution of Intention
No. 858 of the Council of the City of
Bakersfield declaring its intention
to order the abandonment of a portion
of "0" Street between Lot 1 of Block
349 and Lot 4 of Block 348, City of
Bakersfield.
Upon a motion by Councilman Vetter, Resolution of Inten-
tion No. 858 of the Council of the City of Bakersfield declaring
its intention to order the abandonment of a portion of "0" Street
between Lot 1 of Block 349 and Lot 4 of Block 348, City of
Bakersfield, California, August 17, 1970 - Page 12
Bakers field,
before
Ayes:
Noes:
Absent:
the Council,
Councilmen
and setting date of September 14, 1970 for hearing
was adopted by the following vote:
Bleecker, Rees, Rucker, Stiern, Vetter,
Whittemore
None
Councilman Heisey
Claim of Merco Construction Engineers'
Inc. referred to the City Attorney.
Upon a motion by Councilman Rucker, Claim of Merco Con-
struction Engineers' Inc. under Government Code Sections 900-935.6,
was referred to the City Attorney.
Adoption of Ordinance No. 1879 New
Series levying upon the assessed
valuation of the taxable property in
the City of Bakersfield a rate of
taxation upon each One Hundred Dollars
of Valuation for the Fiscal Year
beginning July 1, 1970 and ending
June 30, 1971.
Upon a motion by Councilman Vetter, Ordinance No. 1879
New Series levying upon the assessed valuation of the taxable
property in the City of Bakersfield a rate of taxation upon each
One Hundred Dollars of Valuation for the Fiscal Year beginning
July 1, 1970 and ending June 30, 1971, was adopted by the following
vote:
Ayes:
Noes:
Absent:
Councilmen Bleecker, Rees, Rucker, Stiern, Vetter,
Whittemore
None
Councilman Heisey
Adoption of Resolution No. 51-70 of the
Council of the City of Bakersfield
calling a Special Municipal Election
for the purpose of submitting certain
amendments to the Charter of the City
of Bakersfield and to amend the Munici-
pal Code by repealing Chapter 1.50 of
the Municipal Code.
At this time the Council considered the adoption of a
Resolution calling a Special Municipal Election for the purpose
of submitting certain amendments to the Charter of the City of
Bakersfield and to amend the Municipal Code by repealing Chapter
1.50 of the Municipal Code. Councilman Stiern commented that he
feels the Propositions should be kept as simple and lucid as
possible, and questioned the wording of Proposition No. 1 as set
Bakersfield, California, August l?, 1970 - Page 13
forth in the proposed Resolution, stating that he feels the sim-
plicity of saying "Shall the City of Bakersfield abolish the Muni-
cipal Transit System, etc." is very adequate for the purpose of
bringing it before the electorate.
City Attorney Hoagland commented that he is sympafhetic
with Councilman Stiern's arguments in that the ballot should read
in a manner which will mosf inform the people who are voting on
it when they are in the voting booth~ rather than depending on fhe
explanatory material that accompanies the sample ballot.
Councilman Rucker stated that he was not opposed to the
three charter amendments only to the proposition which would dis-
continue the Municipal Transit System, as he is not in favor of
submitting the proposition to the electorate.
Councilman Stiern then moved adoption of the Resolution.
Councilman Rucker asked for a division of the question, as he
wished to vote on Proposition No. 1 separately. After Council
discussion, vote was taken on Proposition No. 1 only, which carried
by the following roll call vote:
Ayes:
Noes:
Absent:
and 4,
Ayes:
Noes:
Absent:
Councilmen Bleecker~ Rees, Stiern, Vetter~ Whittemore
Councilman Rucker
Councilman Heisey
Roll Call Vote was
as same are to appear on the ballot,
Councilmen Bleecker, Rees~ Rucker~
Whittemore
None
Councilman Heisey
Upon a motion by Councilman Bleecker,
then taken on Propositions Nos. 2~ 3,
which carried as follows
Stiern, Vetter,
Resolution No. 51-7.0
Stiern~ Vetter,
Ayes:
Noes:
Absent:
Councilmen Bleecker, Rees, Rucker,
Whittemore
None
Councilman Heisey
of the Council of the City of Bakersfield calling a Special Municipal
Election for the purpose of submitting certain amendments to the
Charter of the City of Bakersfield and to amend the Municipal Code
by repealing Chapter 1.50 of the Municipal Code, was adopted by the
following vote:
Bakersfield, California, August 17, 1970 - Page 14
Adoption of Resolution No. 52-70 of
the Council of the City of Bakersfield
requesting the Board of Supervisors of
the County of Kern to order the con-
solidation of a Special Municipal
Election with the State General Election
to be held on November 3, 1970, and
setting forth the exact form of the
propositions to be voted on at such
election, as the same are to appear
on the ballot.
Councilman Stiern moved thai lhe word "abolish" be
substituted for the words "cease operation of", in proposed
Proposition #1, as the same is to appear on the ballot for the
Special Municipal Election to be consolidated with the State
General Election to be held on November 3, 1970. After consider-
able discussion, vote was taken on the motion which carried, with
Councilman Rees voting in the negative. Councilman Stiern then
moved adoption of Resolution No. 52-70 of the Council of the City
of Bakersfield requesting the Board of Supervisors of the County
of Kern to order the consolidation of a Special Municipal Election
with the State General Election to be held on November 3, 1970,
and setling forlh the exact form of the Propositions to be voted
on at such election
the substitution of
on Proposition #1.
vote:
Ayes:
Noes:
Absent:
as the same are to appear on the ballot, with
the word "abolish" for "cease operation of"
This motion carried by the following roll call
Councilmen Bleecker, Rees, Rucker, Stiern, Vetter,
Whittemore
None
Councilman Heisey
Adoption of Resolution No. 53-70 of
the Council of the City of Bakersfield
requesting the Board of Supervisors of
the County of Kern to permit the County
Clerk to render specified services to
said City relating to the conduct of
the Special Municipal Election to be
held on the 3rd day of November, 1970.
Upon a motion by Councilman Bleecker, Resolution No.
53-70 of the Council of the City of Bakersfield requesting the
Board of Supervisors of the County
Clerk to render specified services
of Kern to permit the County
to said City relating to the
Bakersfield, California, August l?, 1970 - Page 15
conduct of the Special Municipal Electtoil to be held on the 3rd
day of November, 1970, was adopted by the following vote:
Ayes: Councilmen Bleecker, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Heisey
Approval of boundaries of proposed
annexation designated as Beale #2.
Upon a motion by Councilman Vetter, boundaries of proposed
annexation designated as Beale #2 were approved and referred to the
City Engineer and City Attorney for referral to LAFC.
Approval of boundaries of proposed
annexation designated as Akers #1.
Upon a motion by Councilman Whittemore, boundaries of
proposed annexation designated as Akers #1 were approved and
referred to the City Engineer and City Attorney for referral to
LAFC.
Approval of boundaries of proposed
annexation designated as Brundage #2.
Upon a motion by Councilman Rucker, boundaries of proposed
annexation designated as Brundage #2 were approved and referred to
the City Engineer and City Attorney £or referral to LAFC.
Approval of boundaries of proposed
annexation designated as Air Park #1.
Upon a motion by Councilman Rucker, boundaries of proposed
annexation designated as Air Park #1 were approved and referred to
the City Engineer and City Attorney for referral to LAFC.
Approval of boundaries of proposed
annexation designated as Terrace
Way #2.
Upon a motion by Councilman Vetter, boundaries of proposed
annexation designated as Terrace Way #2 were approved and referred
to the City Engineer and City Attorney for referral to LAFC.
Approval of Plans and Specifications
for the improvement of Lakeview Aven~e
from Brundage Lane to S. P. R. R.,
Asphalto Branch.
Upon a motion by Councilman Rucker, the plans and specifi-
cations were approved and the Finance Director was authorized to
advertise for bids for the improvement of Lakeview Avenue from
Brundage Lane to S. P. R. R.
Bakersfield, California~ August l?, 1970 - Page 16
Approval of request from Valley Realty
to connect four residences located on
Castro Lane to the City Sewer SyStem.
Upon a motion by Councilman Rucker, request from Valley
Realty to connect four residences located on Castro Lane to the
City Sewer System were approved subject to the following conditions:
1. Work to be constructed to City specifications.
2. Enter a suburban sewer rental agreement with
individual contract for each house.
3. Plans to be submitted for City's review and
approval.
Acceptance of Map of Tract No. 3363
and Mayor authorized to execute Con-
tract and Specifications for improve-
ments therein.
Upon a motion by Councilman
the Map of Tract No. 3363 be, and the
Vetter, it is ordered that
same is hereby, approved:
Kern County Land Company
NAME
Kern County Land Company
walkway, are hereby
field hereby waives
shown upon said map, therein offered for dedication and the offer
of dedication for abandonment of rights of vehicular ingress and
egress, be and the same are hereby accepted for the purpose for
which the same are offered for dedication, pursuant to the pro-
visions of Section 11587 of the Business and Professions Code;
the offer of dedication of easements for landscaped pedestrian
rejected. The Council of the City of Bakers-
the requirement of signatures of the following:
NATURE OF INTEREST
Mineral rights below a depth of
500 feet with no right of sur-
face entry.
The right to pass over and
across said land for ingress
to and egress from any lands
of Kern County Land Company,
which are not accessible from
any public road, highway, or
over other lands of said
company as excepted and re-
served in that deed recorded
May 27, 1960 in Book 3271 at
Page 26, O. R., County of Kern.
That all the easements, streets, courts, drives, ways and avenues
Bakersfield, California, August 17, 1970 - Page
The Clerk of this Council is directed to endorse upon
the face of said map a copy of this order authenticated by the
Seal of the Council of the City of Bakersfield, and the Mayor was
authorized to execute the Contract and Specifications covering
improvements in said Tract.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for
Contract No. 49-70 for Grading of 42nd
Street between Jewett Avenue and Union
Avenue.
Upon a motion by Councilman Bleecker, the Work was
accepted and the Mayor was authorized to execute the Notice of
Complelion for Contract No. 49-70 for Grading of 42nd Street
between Jewett Avenue and Union Avenue.
Acceptance of Street Right of Way
Deed from Melvin Zigher.
Upon a motion by Councilman Vetter, Street Right of Way
Deed from Melvin Zignet for additional right of way for widening
of Ming Avenue near the northbound Freeway 99 on-ramp, was accepted.
Acceptance of Street Right of Way
Deed from the Akron.
Upon a motion by Councilman Vetter, Street Right of Way
Deed from the Akron for additional right of way for widening of
Ming Avenue at the location of the Akron Store, was accepted.
Acceptance of Storm Drain Easement
from Hartfield-Zodys, Inc.
Upon a motion by Councilman Vetter, Storm Drain Easement
from Hartfield-Zodys, Inc., was accepted.
Acceptance of Street Right of Way
Deed from Hartfield-Zodys, Inc.
Upon a motion by Councilman Vetter, Street Right of Way
Deed from Hartfield-Zodys, Inc. for additional righ't of way for
widening of Ming Avenue, Stine Road and Akers Road at the Zodys
Development, was accepted.
Bakersfield, California, August l?, 1970 - Page 18
Acceptance of Street Right of Way
Deed from Ming Center Investment
Company.
Upon a motion by Councilman Vetter, Street Right of Way
Deed
Road
was accepted.
from Ming Center Investment Company for widening of Akers
and Parker Avenue in the vicinity of the Zodys Development,
Acceptance of Storm Drain Easement
from Ming Center Investment Company.
Upon a motion by Councilman Vetter, Storm Drain Ease-
ment from Ming Center Investment Company was accepted.
Parcel of land at the southwest corner
of Oswell and Auburn Street declared
surplus, and Mayor authorized to execute
Quitclaim Deed to abutting owners, M.
Gordon Wild, Joseph A. Gallagher and
Egan Gost~ at value established by
licensed appraiser.
Upon a motion by Councilman Rees, parcel of land located
at the southwest corner of Oswell and Auburn Streets was declared
surplus, reserving utility easement rights, and the Mayor was
authorized to execute Quitclaim Deed to abutting owners, M. Gordon
Wild, Joseph A. Gallagher and Egan Gost, at value established by
licensed appraiser.
Councilman Stiern left the meeting at this time.
Hearings.
This was the time set for public hearing before the
Council of the City of Bakersfield for hearing protests by persons
owning real property within territory designated as "Wilson Road
No. 1", proposed to be annexed to the City of Bakersfield. This
hearing has been duly advertised and notices sent to all property
owners. No protests have been filed in the City Clerk's Office.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the hearing was
closed for Council deliberation and action. Upon a motion by
Councilman Whittemore, Resolution No. 54-70 of the Council of the
City of Bakersfield declaring that a majority protest has not been
made to the annexation of territory designated as "Wilson Road No.
1", proposed to be annexed to the City of Bakersfield, was adopted
Bakersfield, California, August 17, 1970 - Page 19
by the following vote:
Ayes: Councilmen Bleecker, Rees, Rucker, Vetter, Whittemore
Noes: None
Absent: Councilmen Heisey, Stiern
Upon a motion by Councilman Whittemore, Ordinance No.
1880 New Series approving annexation of a parcel of uninhabited
territory to the City of Bakersfield, California, designated as
"Wilson Road No. l", and providing for the taxation of said terri-
tory to pay the bonded indebtedness of said City, was adopted by
the following vote:
Ayes: Councilmen Bleecker, Rees, Rucker, Vetter, Whirremote
Noes: None
Absent: Councilmen Heisey, Stiern
This was the time set for public hearing before the
Council of the City of Bakersfield for hearing objections to the
inclusion of a portion of certain territory designated as "Wilson
Road No. 1" within the Greater Bakersfield Separation of Grade
District. This hearing has been duly advertised and no written
objections have been filed in the City Clerk's Office.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the hearing was
closed for Council deliberation and action. Upon a motion by
Councilman Whittemore, Resolution No. 55-70 annexing certain terri-
tory designated as "Wilson Road No. 1" to the Greater Bakersfield
Separation of Grade District was adopted by the following vote:
Ayes: Councilmen Bleecker, Rees, Rucker, Vetter, Whirremote
Noes: None
Absent: Councilmen Heisey, Stiern
This was the time set for public hearing before the
Council of the City of Bakersfield to zone upon annexation that
certain property in the County of Kern located west of Wible Road
and south of Ming Avenue to Planz Road, known as Wilson Road No. 1
Annexation. This hearing has been duly advertised and posted and
no written protests were filed in the City Clerk's Office.
Bakersfield, California, August l?, 1970 -Page 20
Mayor Hart declared the hearing open for public partici-
pation. Mr. Richard Hosking, Attorney representing
Supertino, addressed the Council, stating that Mr. Supertino was
not satisfied with the recommendation of the Planning Commission
to fezone his property located in Lot 19, as R-3-D, as property
facing Wilson Road on either side of him was zoned C-2-D, and he
is requesting the same zoning for his property. He has no inten-
tion of building an apartment house at this location and would like
to be able to use it for commercial purposes.
Councilman Vetter asked Planning Director Sceales the
reason the Planning Commission felt this property should be zoned
R-3-D instead of C-2, and Mr. Sceales stated the Commission felt
the large commercial zoning now existing in the County was too
much already because it is not served by any major streets and
Wilson Road is a secondary street and does not have access to the
freeway. It is impossible to get off the freeway to the K-Mart
and this will generate a traffic problem on Real Road.
After discussion, Councilman Bleecker stated he felt
this request was a legitimate one, and moved that the Council
fezone the north 484.99 feet of Lot 19, Section 11, T. 30
R. 27 E., C-2-D, instead of the R-3-D recommended by the Planning
Commission.
Councilman Vetter questioned zoning the whole property
C-2-D when it abuts on R-1 property. Councilman Whittemore stated
that he is opposed to Councilman Bleecker's motion, as he feels
that the R-3 is a buffer into the R-1 zoning and the R-1 into the
school, which is the proper way to fezone the area. Councilman
Vetter then made a substitute motion that the north 300 feet of
Lot 19, Section ll, T. 30 S., R. 27 E., be zoned C-2-D, and the
balance of the property be zoned R-3-D. Vote was then taken on
the substitute motion which carried by the following vote:
Ayes:
Noes:
Absent:
Councilmen Bleecker, Rees, Rucker, Vetter, Whirremote
None
Councilmen Heisey, Stiern
Bakersfield, California, August 17, 1970- Page 21
Upon a motion by Councilman Whittemore, Ordinance No.
1881 New Series amending Section 17.12.020 of Chapter 17.12
(Zoning Map) of the Municipal Code of the City of Bakersfield,
was adopted as amended by the following vote:
Ayes: Councilmen Bleecker, Rees, Rucker, Vetter, Whittemore
Noes: None
Absent: Councilmen Heisey, Stiern
This was the time set for public hearing before the
Council of the City of Bakersfield on application by George Lewis
Mahoney to amend Title Seventeen of the Municipal Code by changing
the zoning boundaries from an R-1 (Single Family Dwelling) Zone to
an R-3-D (Limited Multiple Family Dwelling - Architectural Design)
Zone, affecting that certain property located on the west side of
Hughes Lane in the 3700 and 3800 Blocks. This hearing has been
duly advertised and posted and no written protests have been filed
in the City Clerk's Office.
Subject parcel contains 5.56 acres and is served by
Hughes Lane, a developed 90 foot secondary highway, by White Lane,
a 110 foot major highway and by Freeway 99.
mission was of the opinion that R-3-D zoning
would be compatible with the vicinity.
The Planning Com-
for subject property
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections having been received, the public
hearing was closed for Council deliberation and action. Upon a
motion by Councilman Whittemore, Ordinance No. 1882 New Series
amending Title Seventeen of the Municipal Code of the City of
Bakersfield by changing the Land Use Zoning of that certain property
in the City of Bakersfield located on the west side of Hughes Lane
in the 3700 and 3800 blocks, was adopted by the following vote:
Ayes:
Noes:
Absent:
Assessments for demolition of dangerous buildings in
Whittemore
Councilmen Bleecker, Rees, Rucker, Vetter,
None
Councilmen Heisey, Stiern
This was the time set for public hearing on Report on
the City of
Bakersfield, California, August l?~ 1970 - Page 22
Bakersfield, California, as provided by Chapter 8 of the Dangerous
Building Code, Volume IV of the Uniform Building Code and pursuant
to the order of Justus A. Olsson, Building Director.
This hearing has been duly advertised and notices sent
to all property owners. No written protests have been filed in
the City Clerk's Office.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Herd Bias addressed the Council protesting the burning
and demolition of his property at llO? Sumner Street on the 5th of
July, 1969. He had been notified of the proposed demolition of
the building and had asked for an extension of time to do the work
himself, which extension was granted to him. However, he was
unable to accomplish the work within the time extension granted,
and the building was burned and in the process valuable personal
property in the building was destroyed. He stated that he did not
feel he had been treated fairly and he appeared before the Council
only for the purpose of preventing a recurrence of this type of
action.
City Attorney Hoagland commented that this property
owner was notified through the mails but it was difficult to
locate him, and the record will show that he was given sufficient
time to comply with the notice.
After Council discussion, upon a motion by Councilman
Rucker, Resolution No. 56-?0 confirming Assessment of certain
properties located in the City of Bakersfield upon which Dangerous
Buildings have been demolished and removed, was adopted by the
following vote:
Ayes: Councilmen Bleecker, Rees, Rucker, Vetter, Whirremote
Noes: None
Absent: Councilmen Heisey, Stiern
Councilman Vetter asked that he be furnished with a
brief resume of the procedures followed in this case, and Mr.
Hoagland stated that he would make this report at the next meeting,
because he was involved with this matter and knows that sufficient
notification was given.
Bakersfield, California, August l?, 1970 - Page 23
This is the time set for public hearing before the
Council declaring its intention to order a modification of Assess-
ment Roll No. 246 and the Assessment Diagram for Public Improvement
District No. 839.
This hearing has been duly advertised and no written
protests have been received in the City Clerk's Office.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections having been received, the hearing
was closed for Council deliberation and action.
Upon a motion by Councilman Bleecker, Resolution No.
5?-70 of the Council of the City of Bakersfield ordering the con-
solidation of Assessments No. 89 and 90 on Assessment Roll No. 246:,
into a single Assessment No. 89A, reflecting said change on the
Assessment Diagram for Public Improvement District No. 839 and
ordering the issuance of a new Improvement Bond to represent this
consolidation assessment, was adopted by the following vote:
Ayes: Councilmen Bleecker, Rees~ Rucker~ Vetter, Whirremote
Noes: None
Absent: Councilmen Heisey, Stiern
Adjournmenl.
There being no further business to come before the
Council~ upon a motion by Councilman Vetter,/he meeting was
adjourned at 10:50 P.M. ! i z~
MAYOR of thy~ity of Bakersfield, Calif.
ATTEST:
~erk of the Council
of the City of Bakersfield~ California
Bakersfield, California, August 31, 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., August 31, 1970.
In the absence of Mayor Hart, Vice-Mayor Stiern called
the meeting to order followed by the Pledge of Allegiance and
Invocation by the Reverend Joe Armstrong of the Mr. Zion Baptist
Church.
The City Clerk called the roll as follows:
Present: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whirremote
Absent: Mayor Hart. Councilman Bleecker
Minutes of the regular meeting of August 17, 1970 were
approved as presented.
Scheduled Public Statements.
Mrs. Elizabeth Van Alstyne addressed the Council stating
that she was very much concerned about certain activities in Beach
Park and along Chester Avenue. She pointed out that the entrance
to the park is posted with a sign that the park is closed from
midnight to five a.m. and no overnight camping is permitted; how-
ever, this regulation is not being observed. She asked the Council
to consider the adoption of an Ordinance to close the park at ten
o'clock in the evening and impose a heavy fine for violation. She
stated that immoral acts were being performed by young people on
Chester Avenue and asked that this area be patrolled more heavily
and the Police Department be provided with laws that it can enforce.
Councilman Stiern stated that the Council is willing to
adopt an Ordinance which would assist the Police Department, and
he is certain that if Chief Towle felt additional ordinances were
necessary, he would convey this information to the City Attorney
or to the Council.
During discussion, all members of the Council agreed
that perhaps an early closing of the park would be the solution
to the problem. Councilman Heisey requested the staff to investi-
gate the matter thoroughly and come back with a recommendation as
to the type of Ordinance the Police Department would need to assist
Bakersfield, California, August 31, 1970 - Page
them in maintaining order in Beach Park and other areas of the City.
City Manager Bergen stated that the staff would hold a
meeting with the Police Chief and the City Attorney to find out if
there is any additional Ordinances needed which would be helpful.
In the physical closing of the park, it will be necessary to make
provisions for the Police Department to enter the park for patrolling
at night.
Councilman Stiern asked
City Council, to discuss with the
the City Manager on behalf of the
Chief of Police this week, whether
there are additional ordinances necessary for the policing of the
park. If there are, and if they will be beneficial to the enforcing
of the law by the Police Department, make their work easier and make
Bakersfield a safer place, then he would expect the Chief of Police?
to recommend those ordinances he would like to have the City Council
adopt.
Correspondence.
Upon a motion by Councilman Rees, Mayor Hart was designa-.
ted as voting representative and Vice-Mayor Stiern was designated
as the alternate voting representative for voting at the Business
Sessions at the Annual League of California Cities Conference to
be held in San Diego, October 25-28.
Upon a motion by Councilman Vetter, approximately 120
postcards addressed to the Council, the City Manager and the
individual Councilmen relative to the Fire Alarm Operators, were
referred to the Governmental Efficiency and Personnel Committee.
Council Statements.
Councilman Stiern submitted the following statement in
the form of a report:
Representatives of the cities of Kern County have been
meeting with Supervisors Fairbairn and Webb since March of this
year in an attempt to resolve City-County equity issues. The first
Bakersfield, California, August 31, 1970 - Page 3
subject being thoroughly reviewed and evaluated is thai of the
County Park and Recreation Department.
At present the County subvents funds to the City on the
basis of population to reimburse the City £or expenditures we make
in providing recreation facilities to people living outside of the
City Limits. The formula used is somewhat complicated and is
based upon the population of the Bakersfield School District.
We feel that this arrangement could be better, but we
realize that it is an attempt to be reasonable and equitable, and
we believe that it is working out with a reasonable amount of
satisfaction for both the County and the City.
The matter of County Parks, however, is more complicated~
The County Administrator has submitted a proposal to the cities
which groups parks into three categories. These categories are
Regional Parks~ Community Parks and Neighborhood or Local Parks.
At the present time, all of the County Parks are £inanced out of
the County-Wide Property Tax, but the Local Parks are of benefit
to only those living within a short distance of them.
The County proposes to continue £inancing the larger
parks~ which are the Regional Parks~ on a County-Wide Property
Tax basis. These parks have a natural environment for picnicking,
camping~ boating, skiing, etc., and are aimed at serving the
entire regional county. There are ten parks classified as Regional
Parks, including Hart Park, Lake Isabella, Lake Ming, etc. We
agree that Regional Parks should continue to be financed from
County-Wide Property Taxes as recommended by the County Adminis-
trator.
Community Parks are parks which are over twenty acres
or more in size and serve a specific community. There are twelve
Community Parks in the entire County, of which four are close to
the City of Bakersfield. They are Panorama Park which is un-
developed, Beach Park~ Heritage Park, and the Metropolitan
Recreation Center. The County proposed that County Service Areas
be created to finance Community Parks. Specific details are still
being worked out in connection with Community Parks and, therefore,
no recommendation is made regarding their financing at this time.
Bakersfield, Cali£ornia, August 31, 1970 - Page 4
Neighborhood Parks are parks which are less than twenty
acres in size and which serve a small geographic area. There are
forty-three Neighborhood Parks currently supported by County-Wide
Property Taxes. The County proposed that Neighborhood or Local
Parks be financed only by the area benefited. They plan to do
this by creating County Service Areas around the Local Parks.
College Park in the College Heights Area is the only Neighborhood
Park within the Bakersfield City Limits, but no service area would
be created since the College Park facilities are of limited value
to our residents.
We feel that the County plan for financing County Neighber-
hood Parks is worthy o~ support and that the County should create
the necessary County Service Areas to service Neighborhood Parks.
We feel that this is a definile step forward, and we hope that the
other cities within the County will endorse the County proposal on
this matter.
Councilman Stiern recommended that a letter be sent by
the Mayor and delivered to the Board o£ Supervisors supporting the
creation of County Service Areas to £inance County Local Parks.
Councilman Heisey commented that the recommendation is
an excellent one, as he knows that many hours of time were spent
and a great number of meetings were held, in order to arrive at an
agreement between the Supervisors and the Council Committee, and
he moved that the recommendation be adopted.
After Council discussion, vote was taken on the motion,
which carried unanimously.
Reports.
City Manager Bergen made the following report on the
subject of Taxicab Fares:
The taxicab operators within the City have requested
authorization to increase their rates from 40~ per mile to 50~ per
mile, and to increase the waiting charge from $4.50 per hour to
$6.00 per hour. In addition, they have requested a minimum charge
of $1.50 whenever passengers with more than three parcels are
delivered.
Bakersfield, California, August 31, 1970 - Page 5
The Administrative Staff feels that this increase is
justified at this time based upon a survey of other California
Cities. We also recommend a minimum charge of $1.50 be instituted
whenever passengers with more than three parcels are involved in
a ride. No request has been made to change the "flag drop" charge
and none is recommended. The rates presently charged in Bakers-
field are lower than those charged in most other cities in
California. The rates now authorized were established in 1966
and an increase in rate is justified due to inflation and increasing
operational costs for the local taxicab firms.
It is therefore recommended that a public hearing on the
proposed rate increase be set for September 14, 1970, so that the
public can express its opinions on this matter.
Councilman Whittemore stated he realized that there has
been an increase in costs, but that he felt the present taxicab
equipment is in very poor condition, and he asked if there wasn't
some type of legislation which would require cabs to be kept in
reasonably good condition. Mr. Bergen asked if this could be made
as a supplemental report at the night of the hearing.
Mr. Hoagland stated the State, under the California
Highway Patrol, sets the standards for taxicabs and to that
extent has pre-empted the City's regulations.
Councilman Vetter commented that it occurred to him the
cab companies should be required to furnish a financial statement,
indicating their return on their investment in order to justify
the proposed rate increase. He suggested that this be submitted
to the Council prior to the hearing so that a Council Committee
could review it, just the same as the Committee is doing at the
present time on the Cable TV request. Mr. Bergen agreed to
contact the cab company and ascertain what information is available
along these lines.
After Council discussion, upon a motion by Councilman
Heisey, date of September 14, 1970 was set for public hearing on
the matter before the Council.
Bakersfield, California, August 31, 1970 - Page 6
Councilman Whittemore, Chairman of the Governmental
Efficiency and Personnel Committee, reported that the Committee
has not finished its evaluation of the matter of the Fire Alarm
Operators, and that he hopes to have the report out of Committee
by the next meeting on September 14, 1970.
Councilman Vetter reported on AB 1155, stating that he
had received a letter from John T. Knox, Assemblyman of the 11th
District, on this Bill which relates to special district represen-
tation on Local Agency Formation Commissions. A compromise has
been worked out by representatives of the Special Districts
Association, the League of California Cities and the County Super-
visors of California. AB 1155 as amended on August 7th, embodies
the provisions of that compromise. The compromise provides for
what might be termed as "double veto action" between the counties,
LAFCO and the special districts within the County.
Specifically, AB 1155 provides that the special districts
within a County may request representation on LAFCO, in which
instance they will be required to submit to LAFCO a list of services
and functions which they are currently providing. LAFCO may either
reject or approve their request. If LAFCO agrees to district
representation, two representatives will immediately be seated on
LAFCO, and LAFCO will acquire full authority over services or
functions which a district may wish to provide. This procedure
also works in the reverse. LAFCO may propose to assume jurisdiction
over new functions and services which special districts may wish
to provide. The special districts may reject or approve the pro-
positions. If the special districts agree, two special district
representatives will automatically be added to the membership of
LAFCO and LAFCO will in turn get full control over special districts'
latent powers. AB 1155 was passed by the Senate on August 18, 1970,
and the Assembly concurred on the same day. The Bill is now on the
Governor's desk awaiting his signature.
Bakersfield, California, August 31, 1970 - Page 7
After discussion, upon a motion by Councilman Vetter,
seconded by Councilman Stiern, the City Council went on record as
opposing AB 1155, as amended, and the City Attorney was directed
to send a wire requesting the governor to veto the Bill. This
motion carried unanimously.
Allowance of Claims.
Upon a motion by Councilman Rucker, Vouchers Nos. 507
to 702 inclusive, in amount of $205,966.73, 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 Rees, low bid of Valley GM
Diesel for Replacement Diesel Engine for Fire Truck was accepted,
and all other bids were rejected.
Upon a motion by Councilman Whirremote, all bids for
Water Pollution Control Facility were rejected, and the Finance
Director was authorized to readvertise for this project. Rejection
was due to the consulting engineers failing to advertise this
project in the Official Newspaper of the City Council as required
by the Charter.
Pursuant to recommendation of the Public Works Director,
upon a motion by Councilman Rucker, all bids for the construction
of drainage facilities for 42nd Street were rejected as being
unbalanced.
Mr. Jim Wattenbarger addressed the Council stating that
he believes the bids are fair and the property owners in the area
are concerned about the action taken to reject the bids. He stated
that if the City wants to construct the drainage facilities
separately, that will meet with the approval of the property owners,
but they would like to be permitted to construct their own curbs
and gutters. This delay in awarding the bid is causing a problem,
as the present street is very dusty, he has been watering it, and
there will be considerable mud if the rainy season commences and
this area has not been improved.
Mr. Jing suggested that the bids be requested for two
separate projects, one for the street work and one for the sewer
facilities. This would result in a two week delay. If the property
Bakersfield, California, August 31, 1970 - Page 8
owners construct their own curb and gutters, it would affect
grading work, and therefore, it is not recommended that this
done.
Upon a motion by Councilman Rucker, all bids for the
construction of Paving Median Islands and Irrigation System on
New Stine Road were rejected as being excessive.
Adoption of Ordinance No. 1883 New
Series of the Council of the City of
Bakersfield amending provisions for
holidays and annual vacation leave
contained in the Municipal Code.
Upon a motion by Councilman Whittemore, Ordinance No.
the
be
Upon
of the Council
assessments of
Ayes:
Noes:
Absent:
provisions for holidays and annual vacation leave contained in the
Municipal Code, was adopted by the following vote:
Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whirremote
None
Councilman Bleecker
Adoption of Resolution No. 58-70 of
the Council of the City of Bakers-
field directing that the unpaid
assessments of less than Fifty Dollars
($50.00) for the work conducted pur-
suant to Public Improvement District
No. 839, be collected upon the tax
roll of the City.
Noes:
Absent:
to present late claim - Diane Giggy rs. City of Bakersfield,
denied.
ducted pursuant to Public
upon the tax roll of the City,
Ayes: Councilmen
None
Councilman Bleecker
Denial of application for Leave to
present a late claim - Diane Giggy
rs. City of Bakersfield.
Upon a motion by Councilman Heisey, application
for leave
was
was adopted by the
Heisey, Rees, Rucker, Stiern,
Whittemore
Improvement
District No. 839 be collected
following vote:
Vetter,
Claim for damages from Mr. & Mrs.
William Nutt, et al, was referred
to the City Attorney.
Upon a motion by Councilman Rucker, claim for damages frn.m
Mr. & Mrs. William Nutt, et al, was referred to the City Attorney.
a motion by Councilman Rucker, Resolution No. 58-70
of the City of Bakersfield directing that the unpaid
less than Fifty Dollars ($50.00) for the work con-
1883 New Series of the Council of the City of Bakersfield amending
Bakersfield, California, August 31, 1970 - Page 9
~ Request ~rom Elmer Martin for annexation
o£ property between Stockdale Highway,
Elcia Drive, Williamson Way and Real Road,
referred to the Planning Commission for
study and recommendation.
Upon a motion by Councilman Rees, request from Elmer
Martin, realtor, for annexation of three acres located between
Stockdale Highway on the north, Elcia Drive on the south, William-
son Way on the west, and Real Road on the east was referred to
the Planning Commission ~or study and recommendation.
Acceptance of payment of the 1969-70
allocation to the City of Bakersfield
from the California Peace Officers
Training Fund.
Upon a motion by Councilman Rucker, payment of $21,354.90
representing a reimbursement to the City for salary and expenses
of the officers who participated in the P.O.S.T. Program conducted
by the State Commission on Peace Officers Standards and Training,
was accepted.
County Auditor-Controller authorized
to levy delinquent Weed Abatement
Assessments as part of the 1970-71
Secured Tax Roll.
Upon a motion by Councilman Rees, the County Auditor-
Controller was authorized to levy delinquent Weed Abatement Assess-
ments as part of the 1970-71 Secured Tax Roll.
Upon
Controller was
Assessments as
Upon
of
County Auditor-Controller authorized
to levy delinquent Building Demolition
Assessments as part of the 1970-71
Secured Tax Roll.
a motion by Councilman Heisey, the County Auditor-
authorized to levy delinquent Building Demolition
part of the 1970-71 Secured Tax Roll.
Adoption of Resolution No. 59-70 of
Intention o£ the Council of the City
of Bakersfield to approved an amend-
ment to Contract between the Board of
Administration of the Public Employees'
Retirement System and the City of
Bakersfield.
a motion by Councilman Rucker, Resolution No. 59-70
Intention of the Council of the City of Bakersfield to approve
Bakersfield, California, August 31, 1970 - Page 10
an amendment to Contract between the Board of Administration of
the Public Employees' Retirement System and the City of Bakersfield,
was adopted by the following vote:
Councilmen Heisey, Rees, Rucker,
Whittemore
Ayes:
Noes:
Absent:
Stiern, Vetter,
None
Councilman Bleecker
Approval of Plans and Specifications
and Finance Director authorized to
advertise for bids for the Modification
of the Traffic Signal and Highway Light-
ing System at the intersection of Union
Avenue and 42nd Street (West Columbus).
Upon a motion by Councilman Vetter, plans and specifi-
cations were approved and the Finance Director was authorized to
advertise for bids for the Modification of the Traffic Signal and
Highway Lighting System at the intersection of Union Avenue and
42nd Street (West Columbus).
Acceptance of Work and Mayor authorized
to execute Notice of Completion for
Contract No. 34-70 for Construction of
Sanitary Sewer to serve California State
College, Bakersfield, and adjacent areas.
Upon a motion by Councilman Rees, the Work: was accepted
and the Mayor was authorized to execute the Notice of Completion
for Contract No. 34-70 for Construction of Sanitary Sewer to serve
California State College, Bakersfield, and adjacent areas.
Adoption of Resolution No. 60-70 of
the Council of the City of Bakersfield
requesting the California Highway
Commission to widen the Wilson Road
Overcrossing at Freeway 99.
Upon a motion by Councilman Whirremote, Resolution No.
60-70 of the Council of the City of Bakersfield requesting the
California Highway Commission to widen the Wilson Road Overcrossing
at Freeway 99, was adopted by the following vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Bleecker
Bakersfield, California, August 31, 1970 - Page
Approval of Contract Change Order No.
1 to Leo V. Jones Construction Company
for Contract No. 49-70.
Upon a motion by Councilman Heisey, Contract Change
Order No. 1 to Leo V. Jones Construction Company for Contract No.
49-70, Grading of 42nd Street between Jewett Avenue and Union
Avenue, was approved, and the Mayor was authorized to execute
same.
Hearings.
This is the time set for public hearing before the Council
on Resolution of Intention No. 855 of the Council of the City of
Bakersfield declaring its intention to order the vacation of a
Public Utilities Easement in Lot 12, Tract 3160, City of Bakers-
field.
This ten foot easement runs between Lois 12 and 13 in
Tract 3160, between Hunter Avenue and the alley on the south.
Request for vacation was made by the Stockdale Development Corp.
This hearing was duly advertised and posted and no
written protests were received in the City Clerk's Office.
Vice-Mayor Stiern opened the hearing 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 Vetter, Resolution No. 61-70 ordering the
vacation of a Public Utilities Easement in Lot 12, Tract 3160,
City of Bakersfield, was adopted by the following vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Bleecker
Adjournment.
There being no further business to come before the Council,
upon a motion by Councilman Stiern, the meetin adjourned at
9:32 P.M.
ng as
· f th~
MA% ersfield, Calif.
ATTEST:
CI'I~'Y ~' ~x-bffi~erk of the Council
of the City of Bakersfield~ California
!
Bakersfield, California, September 14, 1970
Absent:
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., September 14, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Clyde
Skidmore of the First Southern Baptist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Heisey, Rees, Rucker, Stiern,
Vetter, Whirremote
Councilman Bleecker
Minutes of the regular meeting of August 31, 1970 were
approved as presented.
Report from Police Chief concerning
Beach Park.
The City Clerk read a report submitted by J. M. Towle,
Chief of Police, regarding the recent allegations concerning gross
misconduct in Beach Park and the request for Council action for
some type of Ordinance to regulate same. He stated that the first
item is not true and the second is not needed. He want on to say
that,
'First, I think we should recognize that a park,
regardless of its location is a place where a
citizen can legally loiter with no particular
business in mind, regardless of his age or eco-
nomic condition, so long as he does not violate
existing law. I might add that in my opinion,
the laws and ordinances as they now stand, are
more than adequate to regulate conduct in the
City of Bakersfield, including parks.
Secondly, while the majority of persons who
frequent Beach Park may be teenagers, I would
ask this question, if we prohibit through
ordinance their gathering at the park, where
then will they go. I submit we should guard
against imposing stringent rules on one segment
of the community simply because their lawful
activities do not measure up to one particular
viewpoint.
I would emphasize the words "Lawful Activities,"
as a check of my Department records indicate
that problems from a law enforcement standpoint
have been steadily declining in the Beach Park
area. When a violation of the law occurs, and
is reported to the Police Department, the situa-
tion is handled exactly as it would be in any
other part of the City. As I stated, the crime
situation in Beach Park is not a problem to my
Department.
Bakersfield, California, September 14, 1970 - Page 2
It is my understanding that an Ordinance has
been requested which would in effect cause
Beach Park to be closed considerably earlier
in the evening than other parks in the City.
This in my opinion is discriminatory against
one particular section of the City, and would
be of absolutely no value. While it would
certainly lessen the number of people who
utilize that park as a highway rest area, the
local citizens who frequent that park would
merely transfer their activities to another
park. I might add that enforcing these closing
hours will involve considerably more manpower
of my Department than is now expended in the
regular patrol of Beach Park.
To sum up, an earlier closing of Beach Park
would be useless from a law enforcement stand-
point. Rules of conduct must be formulated
with the views and opinions of the entire
community in mind, not those from one particu-
lar group. I do not intend for the Bakersfield
Police Department to be goaded by one group of
citizens into an action which amounts to harass-
ment of another group of citizens, simply because
the second group does not conform to the first
group's viewpoint.
It is my considered opinion that the Beach Park
area, and the people who frequent that area,
are not a problem to the community as a whole,
and for that reason, I do not intend to request
Council action concerning same.'
Upon a motion by Councilman Stiern, report from the
Police Chief was received and ordered placed on file.
Scheduled Public Statements.
Mr. Eugene C. Reid, who resides at 129 Panorama Drive,
who stated that he had lived in Bakersfield for the past 30 years~
as a drilling contractor and a businessman and is now retired,
addressed the Council, stating that he has made a considerable
investment on Oak Street between 21st and 24th Street, across
from Beach Park, and is in the process of building a luxury apart-
ment on this site. He made a thorough investigation into the area
before deciding to make a substantial personal investment~ he has
seen nothing out of line at Beach Park, and if he had not been
completely satisfied with the conditions in the park, he would not
have constructed the apartment at this location. He is very happy
with the manner in which the Police Chief is handling the law
enforcement in Beach Park.
3
Bakersfield, California, September 14, 1970 - Page 3
Mr. Sam Smizer, operator of Smizer Freight Service,
addressed the Council at this time. He stated that he is a sub-
stantial taxpayer in the City and reminded the Council that about
six months ago an Ordinance was passed which prohibited him from
parking his trucks on the street. In order to comply with the
Ordinance, he purchased a parking lot off Union Avenue to park his
trucks. He alleged that other trucks are parking illegally all
over town and are not being required by the Police Department to
comply with the Ordinance. He stated that he has informed Council-
man Heisey of this and has furnished him a list of the offenders.
Councilman Rucker commented that he is concerned about
this, that the laws should be applied equally to all citizens, and
he asked that something be done to see if the allegations made by
Mr. Smizer were factual.
Councilman Heisey advised that the charges made to him
by Mr. Smizer have been turned over to the City Manager for
investigation. Also~ the Mayor has volunteered to look into this,
and if there is any basis in fact, steps will be taken to correct
any illegal parking of trucks.
Correspondence.
Mayor Hart commented on a communication received from
the Wakayama Sister City Affiliation Committee proposing to pre-
fabricate in Japan a genuine teahouse in its entirety, ship it to
Bakersfield, and assembly it in an appropriate location as a gift
for the benefit of the community. This would require landscaping
a site as an authentic Japanese Garden, and maintenance of the
location selected.
Councilman Stiern remarked that he is interested in this
gift from Japan, but it occurs to him that if such a gift is made
to Bakersfield, it might be appropriate for the Council to think
of something by which it could reciprocate. Mayor Hart commented
that the figure mentioned in the cost of the construction of the
teahouse was in the neighborhood of $25,000 to $30,000. He stated
that he will discuss this matter in detail with the Sister-City
Group and report back to the Council after he has explored the
matter with the Sister-City Committee in Bakersfield.
Bakersfield, California, September 14, 1970 - Page 4
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 Visalia on Friday, September 18, 1970. The guest
speaker will be Mr. William Donaldson, City Manager of Scottsdale,
Arizona.
A communication was received from the East Bakersfield
Progressive Club and the International Village Merchants Associa-
tion of East Bakers£ield unanimously commending Councilman Walter
F. Heisey for his never-tiring devotion and his constant concern
£or East Bakersfield. He has given many hours of his time and
energy helping and encouraging the merchants in International
Village to keep this area and his encouragement helped bring about
the name International Village~ and was also instrumental in
helping to get the International Flags flying on Baker Street.
Councilman Heisey was the driving ~orce working with
the officials of the Southern Pacific Railroad and the City o~
Bakersfield in working out the details for the park that will be
built parallel to the railroad and Jackson Street at the Baker
Street crossing, and he has been a dominate ~igure in helping
beautify Truxtun Avenue and in cleaning up Baker Street and the
surrounding area.
Councilman Stiern moved that the letter be received and
placed on file and that a copy of it be framed and given to
Councilman Heisey for display to his grandchildren. This motion
carried unanimously.
Upon a motion by Councilman Rees, request from Marinello-
Comer Beauty School of Bakers£ield for a City paid parking lot to
be installed in the area of the school, was re~erred to the Business
Development and Parking Committee.
Council Statements.
Councilman Vetter asked the City Manager if a survey has
been made of the use o~ the outlying parking lots since the parking
meters were removed. Mr. Bergen replied that he did not think one
had been made, since the meters were removed only about six months
ago. Councilman Vetter commented that he would think if the lots
Bakersfield, California, September 14, 1970 - Page 5
are not being utilized, they should be sold, and additional lots
purchased in areas where they will be used by the public. Mr.
Bergen stated they will make a study and come back to the Council
in several months.
Councilman Heisey stated there were many conflicting
rumors being circulated regarding downtown redevelopment and he
asked the City Manager to bring the Council up to date as to the
current status of the matter.
Mr. Bergen stated the staff has talked to the City's
Consultant and asked whether he has received any additional infor-
mation from either fhe Bank of America or HUD, and were told
nothing definite has developed. A status report can be made to
the Council, however, he does not anticipate any definite infor-
mation for at least thirty or sixty days. Several meetings have
been held with HUD representatives, at which time they have asked
for additional information for supplementing the City's S & P
Application. Everyone has possibly heard the same rumors relative
to the Bank of America building, but the only thing he knows for
certain is that the building has been removed and they are planning
to fence the site. As far as the construction and type of building
is concerned, nothing definite is known at this time.
Councilman Vetter stated there has been talk of the
possibility of a parking strucfure adjacent to the Bank of America.
If this is being considered, the City should have some facfs and
figures worked up as to the exact use of the parking lots in the
whole City, and specifically in that area.
Mr. Bergen replied that the reason for not going ahead
with any plans is that they have been assured by the developers
that when they go ahead with the plans for the Bank of America
building, the City will have sufficient time to make any necessary
studies for a parking structure, as the final design on the major
building will control the amount of parking needed. No studies
or reports have been made because it would seem to be premature
without any definite commitment from the developers of the Bank
of America building.
Bakersfield, California, September 14, 1970 - Page 6
Councilman Stiern commented on the tragic hotel fire in
Los Angeles over the week end. He stated that undoubtedly an
investigation will be made by the Los Angeles Fire Department into
the cause of this fire and recommendations made as to what can be
done to prevent this type of fire happening in the future. He is
concerned about the safety of the citizens of Bakersfield, and
even though the City does have what is considered a modern and
up-to-date Fire Ordinance regulating hotels and apartment houses,
he wondered if the Ordinances are complete enough to control and
prevent a disastrous fire. It is the responsibility of the
Council to keep alert and concern itself with public safety and
prevent the type of thing that has happened in Los Angeles, and
he moved that the City Manager instruct the Fire Chief to obtain
reports of the investigation made of this fire, together with any
recommendations for means of future prevention, and that these
reports be submitted to the City Administration and to the legal
staff of the City, with an eye toward improving existing Fire
Ordinances in the City of
carried unanimously.
Bakersfield where necessary. This motion
Reports.
Councilman Whittemore, Chairman of the Governmental
Efficiency and Personnel Committee, submitted a minority report
on the Modernization of the Fire Alarm Bureau.
On May 5, 1969, the Governmental Efficiency and Personnel
Committee, made a report to the City Council recommending changing
the Fire Alarm System from Class B to Class A. This change
required the employment of four additional Firefighters; one to
replace the Fire Alarm position which was vacated earlier that
year; the additional Firefighters were to assist in the operation
of the Fire Alarm System. It was stated that Firefighters would
be phased in as the Fire Alarm Operator's positions became vacant.
Also, that no Alarm Operators would be laid off at that time. The
intent of this recommendation was to replace the women Fire Alarm
Operators through attrition; that is, as they retired or left the
Bakersfield, California, September 14, 1970 - Page
department. It was subsequently reported to the Committee that
the Chief Engineer of the Fire Department had assured the women
operators that this would be the procedure, however, before this
was reported to the Committee, it had recommended to the Council
in June, 1970, that the termination date of January l, 1971 be
established.
The Committee has held numerous meetings with the Manager,
the Chief, women operators and employee groups since the June re-
port, in an attempt to determine the proper corrective measures to
recommend to the City Council.
As Chairman of the Governmental Efficiency and Personnel
Committee, I sent a questionnaire to 28 Fire Departments through-
out the state, and learned that in each City and the County of
Kern where women are employed and are being replaced, it is being
done through attrition. This is the method which should be used
in Bakersfield. Chief Paddock has stated the women Alarm Operators
are proficient in their duties and this is attested to by the Fire.-
fighters. The other Fire Departments in the survey made had indi-
cated the same by replacing their women operators only through
attrition.
As
Committee, I
made and the
Chairman of the Governmental Efficiency and Personnel
am convinced through facts contained in the survey
information gained in the Committee's investigation,
the Council should rescind its action of June 8, 1970 terminating
the women Alarm Operators as of January 1, 1971, and instead,
replace them through the attrition process. To do otherwise would
be discriminatory against these women employees because of sex.
Councilman Whittemore stated that he would so move.
Mayor Hart asked Councilman Whittemore to withdraw his
motion and that the matter be tabled until such time as Councilman
Bleecker will be present at the Council meeting and participate in
Council discussion and action, inasmuch as he was most concerned
that this information be prepared and submitted to the Council.
Bakersfield, California, September 14, 1970 - Page 8
Councilman Whittemore stated that the reason for making
the report and moving that it be adopted, is because this matter
has been bandied around since the Council's June Budget Session
and he feels a decision should be made tonight, so that the Fire
Alarm Operators will know where they stand. He refused to with-
draw his motion.
Councilman Vetter presented a majority report of the
Governmental Efficiency and Personnel Committee, signed by him-
self and Councilman Heisey, on the Modernization of the Fire
Alarm Bureau.
On June 8 and 9 of this year, the Bakersfield City Council
conducted public hearings and set the budget for the 1970-71 Fiscal
Year. At that time, the Fire Chief's recommendation that the Fire
Alarm Office be staffed entirely by Firemen was approved. The
Fire Chief has assured the Committee that the Firefighters will be
as efficient as the Fire Alarm Operators and save the City approxi-
mately $7,000 a year at the same time.
Firemen are available and are capable of answering tele-
phones and performing all of the duties of the Fire Alarm Bureau
in a competent manner. Continued existence of separate Fire Alarm
Operator positions is unjusttried and is tantamount to feather-
bedding.
In its report to the Council dated May 5, 1970, the
Committee stated that it would like to point out that no Fire Alarm
Operators will be laid off at this time. Nowhere in the report
was the word "attrition" used to describe or suggest the method
by which Firefighters would be phased-in in the place of the Fire
Alarm Operators.
The Fire Department's budget request for the 1970-71
Fiscal Year contained a recommendation that the three Fire Alarm
Operators and one Fire Alarm Operator Supervisor positions be
phased out effective January 1, 1971, and that two additional
Firefighter positions be authorized in their place. The City
Manager concurred with this recommendation which subsequently was
approved by the City Council this June, so that the Fire Alarm
Bureau may be more efficiently utilized in terms of firefighting
strength both on duty and off duty, as well as for eliminating
deficiency points as they relate to the City's rating. The Fire
Bakersfield, California, September 14, 1970 - Page 9
Chief has assured this Committee
the Fire Alarm function will be as competent as
Operators, and that there will be no problem in
sufficient number of Firefighters are qualified
duties by January 1, 1971.
that the men who will be perform~ng
the Fire Alarm
seeing thai a
to assume these
The majority of the Governmental Efficiency and Personnel
Committee continues to support the recommendation from the Fire
Chief to complete the modernization of the Fire Alarm Bureau by
using Firefighters instead of Fire Alarm Operators. Meetings have
been held by the Administration with the Bakersfield City Employee.s'
Association~ the Bakers£ield Firefighters' Association, Local 844,
and the affected employees, to discuss the reasons and methods by
which this conversion will be implemented. We feel the primary
decisions arrived at in May 1969, and June, 1970, by this Council
should remain in effect.
On June 24, 1970, the Governmental Efficiency and Per-
sonnel Committee met with the Fire Alarm Operator Supervisor and
three Fire Alarm Operators to discuss the phasing out of their
jobs as of January 1, 1971, and have assured them that the City
Council will urge the Civil Service Boards to work with the
Administration in order to help these employees find suitable
employment in other departments. This Committee also met on
July 13, August 31, and September 11, 1970, to further evaluate
the appeal from the four members of the Fire Alarm Bureau.
The Fire Chief has assured this Committee that no in-
experienced personnel will be assigned to the Fire Alarm Bureau
without also assigning a fully qualified Fireman to supervise and
train such employees, and that the level of competency in the Fire
Alarm Bureau will be maintained at its present level.
In conclusion, the Committee has thoroughly examined
the alternatives available to the City and has taken into con-
sideration the requirements of the department and the efficient
Bakersfield, California, September 14, 1970 - Page l0
utilization of manpower, and have not been able to find sufficienl
cause to justify recommending that the City Council not follow
the recommendations of the Fire Chief. It is recommended as
follows:
That the City Council reaffirm the position
it has taken on May 5, 1969, and during the
budget hearings this June regarding the
employees in the Fire Alarm Bureau.
That every effort be taken by the Miscellan-
eous and Police Civil Service Boards to
certify these City employees to appropriate
eligibility lists for which they may qualify.
That this Committee feels strongly that no
employee transferring to a lower paying
position in the face of having his position
eliminated should receive a salary reduction.
Therefore, the Salary Ordinance should be
amended in this instance to protect such an
employee from receiving a salary reduction.
That the Retirement Ordinance for the Fire
Department be amended to permit employees
with contributions of $500 or more, to
leave said contributions in the Bakersfield
Fire Department's Retirement Program. This
change would standardize this particular
facet of the City Retirements Programs for
all City employees in permanent positions.
Any employee transferring from the Fire
Department will be placed in an appropriate
category of the Public Employee's Retirement
System.
Councilman Vetter commented that there has been a great
deal of controversy on this particular recommendation, and he
would like to say that it seems this personnel matter has been
poorly handled. It should have been discussed prior to budget
recommendations and reviewed with the individuals involved so that
they were aware that the jobs were to be eliminated as of January
1, 1971.
However, it does not affect the situation as to whether
or not it is a valid argument that the Fire Alarm Bureau can be
operated by Firefighters. The Fire Chief has assured the Council
that the Fire Alarm Bureau will be operated as efficiently as it
was in the past, that the employees involved will be offered
employment within the City, and that they will suffer no salary
reduction. This is a modification of the original report submitted
at the budget hearing in June.
Bakersfield, California, September 14, 1970 - Page 11
Councilman Rees commented that it was inferred that the
Fire Alarm Operators will be given every opportunity to shift into
another department of the City. He asked if they will be given
preference in competing with outsiders for other positions in the
City.
Mr. Bergen replied "yes" to Councilman Rees' question,
stating they would be considered as being transferred or re-employed.
However, they will be required to be generally competent and have
the ability to handle the position to which she is transferring.
He is sure the other Civil Service Commissions will cooperate with
the City and qualify the Fire Alarm Operators to a position as long
as she can do the work required for the particular position she is
transferring to.
Councilman Stiern commented that he agrees with Mayor
Hart that this particular issue should be settled by the entire
Council and not by some hasty action which would involve the
Mayor breaking a tie vote. He can see no reason to vote on it
tonight, he feels it would be more sensible to wait for the return
of Councilman Bleecker. He therefore offered a substitute motion
that the subject be tabled until such time as a full Council is
present to vote on the issue. This motion carried by the foliowing
roll call vote:
Ayes: Councilmen Heisey, Rucker, Stiern, Vetter,
Noes: Councilmen Rees, Whittemore
Absent: Councilman Bleecker
A brief recess was declared at this time.
Allowance of Claims.
Upon a motion by Councilman Rucker, Vouchers Nos. 703 to
820 inclusive, in amount of $98,470.07, as audited by the Voucher
Approval Committee were allowed, and authorization was granted for
payment of same.
12
Bakersfield, California, September 14, 1970 - Page 12
Upon a motion by Councilman Rucker, transfer of funds
in amount of $8,600.00 from Fund No. 11- Activity Nos. 616 and
715, to Fund No. 11- Activity No. 660, was approved, due to
responsibility for a portion of the maintenance of City Hall and
the Civic Auditorium having been transferred from the Auditorium-
Recreation Department to the Public Works Plant Maintenance
Division. This budget adjustment is necessary in order to transfer
the previously budgeted funds from the Auditorium-Recreation
Department to the Public Works Department.
Councilman Heisey, Chairman of the Water and City Growth
Committee, reported that this Committee has submitted an argument
to the City Clerk this date for the November 3rd, ballot measure
regarding the Municipal Transit System.
Councilman Stiern commented that in writing this argu-
ment, the Committee has tried to concern itself with the facts
and merits of the case and has tried to take a position of infor-
mation rather than partisanship on the subject, so that the tax-
payers can consider the facts.
After discussion, upon a motion by Councilman Heisey,
the report was received.
Action on Bids.
Pursuant to recommendation of the Public Works Director,
upon a motion by Councilman Vetter, low bid of Ray Anderson for
the construction of Storm Drain in 42nd Street and Chester Avenue
was accepted, all other bids were rejected, and the Mayor was
authorized to execute the contract.
Pursuant to recommendation of the Public Works Director,
upon a motion by Councilman Heisey, low bid of Irv Guinn Construc-
tion for construction of Curb and Gutter for 42nd Street between
Chester Avenue and Union Avenue was accepted, all other bids were
rejected, and the Mayor was authorized to execute the contract.
Bakersfield, C~lifornia, September 14, 1970 - Page 13
Upon a motion by Councilman Stiern, bid of Davies
Machinery Company for two - 1½ cubic yard Loaders was accepted,
this being the only bid received.
Upon a motion by Councilman Rucker, low bid of Dicco,
Inc. for improvement of Lakeview Avenue from Brundage Lane to
Southern Pacific Railroad, Asphalto Branch, was accepted, all
other bids were rejected, and the Mayor was authorized to execute
the contract.
Adoption of Emergency Ordinance No.
1884 New Series of the City of Bakers-
field amending Section 11.04.763 of
the Municipal Code establishing a
Speed Limit on Auburn Street.
Upon a motion by Councilman Rees, Emergency Ordinance
No. 1884 New Series of the City of Bakersfield amending Section
11.04.763 of the Municipal Code establishing a Speed Limit on
Auburn Street, was adopted by the following vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whirremote
Noes: None
Absent: Councilman Bleecker
Councilman Rees commented that the signal lights at
Auburn and Oswell Streets were not presently functioning and
asked when they would be in operation. Director of Public Works
Jing replied that it was hoped this would be done within the next
ten days, as it was a matter of moving power lines by the P.G. & E.
so that the luminaries can be installed.
Adoption of Resolution of Intention
No. 859 of the Council of the City
of Bakersfield, California, declaring
its intention to order the vacation
of the alley in Tract No. 1001, City
of Bakersfield.
Upon a motion by Councilman Rucker, Resolution of In-
tention No. 859 of the Council of the City of Bakersfield, Califor-
nia, declaring its intention to order the vacation of the alley
in Tract No. 1001, City of Bakersfield, and fixing date of October
5, 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
14
Bakersfield, California, September 14, 1970 - Page 14
P0 Day Leave of Absence Without Pay
granted Robert Thomas, Automotive
Serviceman for Transit Division.
Upon a motion by Councilman Heisey, a 90 Day Leave of
Absence With.out Pay was granted Robert Thomas, Automotive Service-
man for Transit Division.
Extension of Time granted Reedmarc
Corporation for completion of Con-
tract No. 73-69 for construction of
Sewers in Bakersfield under HUD
Project No. WS-6-05-0301.
Upon a motion by Councilman Whittemore, 132 Calendar
Day Extension of Time was granted Reedmarc Corporation for com-
pletion of Contract No. 73-69 for construction of Sewers in
Southwest Bakersfield under HUD Project No. WS-6-05-0301.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for
Contract No. 62-70 for construction of'
Stockdale Estates Interceptor Sewer.
Upon a motion by Councilman Stiern, the Work was accepted
and the Mayor was authorized to execute Notice of Completion for
Contract No. 62-70 for construction of Stockdale Estates Inter-
ceptor Sewer.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for the
Improvement of Auburn Street between
Oswell Street and 400' east of Eissler
Street.
After Council discussion, upon a motion by Councilman
Rees, the Work was accepted and the Mayor was authorized to
execute the Notice of Completion for the improvement of Auburn
Street between Oswell Street and 400' east of Eissler Street.
Approval of Plans and Specifications
and Finance Department authorized to
advertise for bids for Street Improve-
ment and Traffic Signal Modifications
on Ming Avenue between South "H" Street
and South Chester Avenue.
Upon a motion by Councilman Vetter, plans and specifi-
cartons for Street Improvement and Traffic Signal Modification on
Ming Avenue between South "H" Street and South Chester Avenue
were approved and the Finance Department was authorized to advertise
for bids.
Bakersfield, California, September 14, 1970 - Page 15
Hearings.
This is the time set for public hearing before the
Council on request to increase taxicab rates in the City of Bakers:-
field. This hearing has been duly advertised. It is proposed that
the rates or fares charged the public shall be as follows:
Fifty cents for the first ~ mile or flag drop.
50~ per mile traveled thereafter.
Six dollars per hour waiting time.
$1.50 minimum charge whenever passengers with
more than three parcels are involved in a ride.
The City Clerk read a communication from Mrs. S. E. Regan,
1116 Townsley Avenue~ expressing dissatisfaction with the service
and the condition of the taxicabs, and protesting any increase in
taxi fares.
Mayor Hart declared the meeting open for public partici-
pation. Kenneth Young, President of the American Hotel Corporation,
710 Jackson Street, addressed the Council, expressing opposition to
the proposed increase in fares, stating that if the bus system is
abandoned and taxicab fares are increased, a virtual transportation
monoply would exist in Bakersfield. He recommended that the taxi-
cab business be released under a free enterprise system to permit
completion to regulate it for the benefit of the public.
Mr. Phil Bradford, representing City Cab Company of
Bakersfield and speaking on behalf of all City taxi companies,
addressed the Council stating that the rate increase was requested
because of increased operating costs and the difficulty he had in
recruiting cab drivers to work for the wages they are currently
paying. This increase will permit him to put more vehicles on the
street and attract cab drivers.
He commented on the condition of the
in Bakersfield in response to criticism voiced
Whittemore at the last meeting,
replace his
in service,
vehicles being driven
by Councilman
stating that it is his policy to
cabs every three years and the last year the cab is
it is normally used as a stand-by car. Mr. Bergen
16
Bakersfield, California, September 14, 1970 - Page 16
advised that the Police Department has made a quarterly inspection
of the cabs and reported that all of the taxicabs checked were
late model vehicles, in good condition and of good appearance,
except for Courtesy Cab Company and Ace Cabs, whose appearance
was not good; however, they were clean and mechanically safe.
Although a complete audit of the taxicab company's
books was not made, based on a financial analysis of records
submitted by the City Cab Company, Finance Director D. L. Haynes
submitted a report indicating that a fare increase would be
justified. This financial statement was requested by Councilman
Vetter at a previous meeting.
Councilman Rucker expressed his concern about the
possibility of a transportation monoply existing in the City if
the City Transit System is voted out, although he agreed that a
taxicab increase was justified.
Mayor Hart closed the public hearing for Council deli-
beration and action. After discussion, upon a motion by Council-
man Stiern, Ordinance No. 1885 New Series 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, was adopted by
the following vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Whirremote
Noes: Councilman Vetter
Absent: Councilman Bleecker
This Ordinance will become effective in 30 days.
This is the time set for public hearing before the
Council on Resolution of Intention No. 856 of the Council of the
City of Bakersfield declaring its intention to order the vacation
of a Public Utilities Easement along Lots 1 through 19 inclusive,
Tract No. 3250, City of Bakersfield.
advertised and posted and no written
City Clerk's Office.
This hearing has been duly
protests were filed in the
Request for vacation was made by B. L. Dickenson.
Easement is located on the north side of Panorama Drive between
Boise Street and Crescent Drive.
Bakersfield, California, September 14, 1970 - Page 17
Ayes:
Mayor Hart declared the hearing open for public partici.-
patton. No protests or objections being received, and no one
speaking in favor, the public hearing was closed for Council deli--
beration and action. Upon a motion by Councilman Rees, Resolution
No. 62-70 ordering the vacation of a Public Utilities Easement
along Lots 1 through 19 inclusive, Tract No. 3250, City of Bakers-.
field, was adopted by the following vote:
Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whirremote
Noes:
Absent:
None
Council on Resolution of
Councilman Bleecker
This is the time set for public hearing before the
Intention No. 857 of the Council of
the
City of Bakersfield declaring its intention to order the vacation
of a portion of alley in Block 222, Godey Tract, City of Bakers-
field. This area has been duly posted and no written protests
were filed in the City Clerk's Office.
Request for vacation was made by the Coca-Cola Bottling
Corporation of Bakersfield. Alley is located between 19th and
20th Street running west from V Street.
The Mayor declared the hearing open for public partici-
pation.
After discussion, upon a motion by Councilman Heisey,
the hearing was continued for one week for further investigation.
This is the time set for public hearing before the
Council on Resolution of Intention No. 858 of the Council of the
City of Bakersfield declaring its intention to order the abandon-
ment of a portion of "O" Street between Lot 1 of Block 349 and Lot
4 of Block 348, 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 made by W. A. Thompson, Inc. The area is
located between 14th Street and the A. T. & S. F. Railroad Tracks.
Bakersfield, California, September 14, 1970 - Page 18
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, and no one
speaking in favor, the public hearing was closed for Council
deliberation and action.
Councilman Whittemore expressed concern about closing
the street when this property might be needed for future develop-
ment of a parking lot for the Civic Auditorium, as this area lies
directly south of the Auditorium.
After additional Council discussion, upon a motion by
Councilman Heisey, the hearing was continued, and the matter was
referred to the Civic Auditorium Advisory Committee for study and
recommendation back to the Council.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Rucker, the meeting was
adjourned at 10:15 P.M.
ersfleld, Calif.
ATTEST:
C ~ ' the Council
of the City of Bakersfield, California
Bakersfield, California, September 21, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California,
the City Hall at eight o'clock P.
The meeting was called
held in the Council Chambers of
M., September 21, 1970.
to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Ken
Scovill of the Valley Christian Church.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Councilman Bleecker
Present:
Absent:
Minutes of the regular meeting
were approved as presented.
Correspondence.
The City Clerk read an invitation
of September 14, 1970
to the Council from
the American Legion, Bakersfield Post No. 26, to participate in
the Annual Veterans Day Celebration and Parade on Wednesday,
November 11, 1970. Councilman Heisey urged the Council to par-
ticipate as a group and support this organization.
Council Statements.
Councilman Rees stated that the community has lost a
good citizen, that he had known him by name and reputation for a
quarter of a century and since he was a constituent
Heisey's Ward, he asked Councilman Heisey to present
Resolution:
in Councilman
the following
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BAKERSFIELD IN MEMORIAM
TO CLYDE MALLACHOWITZ.
WHEREAS, Clyde E. Mallachowitz served the railroad
industry with loyalty and competence for half a century, and
WHEREAS, Clyde Mallachowitz was beloved and respected
by his fellowmen in the several civic and fraternal organizations
to which he belonged, and
WHEREAS, Clyde Mallachowitz was widely known in and
around the City of Bakersfield as an alert critic and an able
commentator on events and persons in the community scene, and
20
Bakersfield, California, September 21, 1970 Page 2
WHEREAS, his attendance at and participation in meetings
of the Bakersfield City Council were so regular as to cause him to
be referred to as "Honorary Councilman"~ and
WHEREAS, however severe his criticisms and stinging his
rebukes, no adversary could fail to admit that his motives were
constructive and intended to be in the best interests of the City
and community in which he lived, and
WHEREAS, death took Clyde E.
16~ 1970.
Mallachowitz on September
NOW~ THEREFORE, the City Council of the City of Bakers-
field by this resolution does hereby express its sincere sympathy
to the family and friends of Clyde E. Mallachowitz at this time
o£ personal and public loss and bereavement.
Councilman Heisey moved adoption of the Resolution~
which motion carried by the following roll call vote:
Ayes: Councilmen Heisey, Rees~ Rucker~ Stiern, Vetter~
Whittemore
Noes: None
Absent: Councilman Bleecker
Councilman Rucker stated that the businessmen in the
area are being greatly inconvenienced by the paving and improving
of East California Avenue from King Street to Williams Street,
and asked if something couldn't be done to speed up this work.
Director of Public Works Jing stated that the contractor will
commence paving this week and the work should be completed at an
early date.
Councilman Vetter pointed out that last week he had
voted against the Ordinance to increase taxicab fares in the City
and it was not adopted unanimously, as reported in the Bakersfield
Californian last Tuesday.
He asked Mr. Bergen to request the Traffic Authority to
resurvey the Real Road area between Ming and Wilson Road. Recently
the Council adopted an Ordinance establishing a 40 mile an hour
speed limit there and people living in that particular area are
opposed to this speed limit as the large amount of traffic from
the new K-Mart Store is dangerous to the residential portion of
the area.
Bakersfield, California, September 21, 1970 - Page 3
Councilman Stiern commented on an article which appeared
in a recent issue of the Oildale News which he believes has grave
significance for Kern County taxpayers and citizens. The writer
indicates that there appears to be some kind of collusion between
the Kern County Employees Association and a certain member of the
Board of Supervisors, which doesn't sound like a wholesome kind of
alliance. Another charge or innuendo by the writer, stated that
there is something to be considered about the granting of the
Buena Vista Aquatic project contract, which was opposed by the
Kern County Public Works Director. Councilman Stiern stated that
it might be well for the editor to make some clarification of these
statements before the Kern County Grand Jury.
Reports.
City Manager Bergen read a report from J. M. Towle, Chief
of Police, on the subject of Complaint of Discriminatory Enforce-
ment of Truck Parking Ordinance, as follows:
During the Council meeting of September 14, 1970,
it was alleged by a certain local trucking company
owner that the Police Department is discriminatory
against him in its enforcement of the truck route
ordinances, and in particular, in the enforcement
of parking of trucks off the truck routes. This
individual indicated that the Police Department
did not issue citations to any other truckers for
this violation, but only to his company.
A survey of citations issued for driving and
parking violations of trucks off the truck routes
was run from January 1, 1970 through this date.
It was found that during this period a total of
49 citations for trucks being off the truck routes
were issued, 7 of which are for driving off the
truck route and the rest for parking off the truck
route. All but 9 of these citations have been
written in spearate locations. Of these nine,
four were written in the 4000 Block of Columbus
Avenue, three in the 2500 Block of Columbus Avenue,
and two in the 1000 Block of Stockton Street. The
registration of the trucks written on which regis-
tration was available to the officer at the time
the citation was written, showed that there are
at least 28 different trucking companies cited -
some local, some out of town. Nineteen of the
trucks cited did not have registration available
at the time the citation was issued. Therefore,
it would appear that the person who made this
complaint is either untruthful, or did not bother
to check on the facts before making such complaint.
Bakersfield~ California~ September 21, 1970 - Page 4
We certainly do not intend to indicate here
that every truck which committed a violation
of driving or parking of£ the truck route was
cited, but from the above in£ormation it is
indicated that all such violations coming to
our attention were cited without regard to any
one trucking company.
This report is being submitted for your infor-
mation in answer to the charges of discriminatory
enforcement by this Department.
Councilman Heisey suggested thai a copy o£ this report
be mailed to the person making the complaint to the Council at
the meeting of September 14~ 1970 and Councilman Stiern requested
that copies be mailed to members of the Council and the Mayor.
Allowance of Claims.
Upon a motion by Councilman Rucker, Vouchers Nos. 821
to 985 inclusive, in amount of $114,360.31, as audited by the
Voucher Approval Committee, were allowed, and authorization was
granted for payment of same.
Action on Bids.
After discussion~ action was deferred for one week on
award of bid for one ton truck with Aerial Lift for the Fire
Department.
After discussion, upon a motion by Councilman Heisey,
low bid of Ray Gaskin for semi-trailer with open lop rubbish
container was accepted and all other bids were rejected.
Upon a motion by Councilman Rucker, low bid of Jensen
International, Inc. for Three Axle Truck Tractor was accepled,
and all other bids were rejected.
Upon a motion by Councilman Rees, bid of Jensen
national, Inc. for two - 100" Wheel Base Pickup Trucks was
this being the only bid received.
Upon a motion by Councilman Rucker, low bid of Three-
Way Chevrolet Company for 3 - ½ Ton Pickup Trucks was accepted
and all other bids were rejected.
Inter-
accepted,
Bakersfield, California, September 21, 1970 - Page 5
Request from Stockdale Development
Corporation to annex portions of
Section 34 and Sections 4 and 9,
referred to the Planning Commission
for study and recommendation.
Upon a motion by Councilman Whittemore, request from
Stockdale Development Corporation to annex portions of Section
T. 29 S., R. 27 E., M. D. M., and Sections 4 and 9, T. 30 S.,
R. 27 E., M.D. M., was referred to the Planning Commission for
study and recommendation.
Acceptance of Grant of Easement from
Stockdale Development Corporation,
Herman and June Pitts, James and
Doreen Boylan.
Upon a motion by Councilman Rucker, Grant of Easement
for public utilities purposes located between Lots 11 and 12,
Tract 3106, from Stockdale Development Corporation, Herman and
June Pitts, and James and Doreen Boylan, was accepted.
Approval of Plans and Specifications,
and Finance Director authorized to
advertise for bids for construction
of fence around sump in new park
adjacent to West High School.
Upon a motion by Councilman Vetter, plans and specifi-
cations were approved and the Finance Director was authorized to
advertise for bids for construction of a fence around the sump
in new park adjacent to West High School.
Encroachment Permit granted the
Houchin Community Blood Bank.
Upon a motion by Councilman Heisey, an Encroachment
Permit was granted Houchin Community Blood Bank to construct a
drainage dry well in existing landscaped area between the side-
walk and property line at 2601 "G" Street.
Hearings.
This is the time set for continued public hearing before
the Council on Resolution of Intention No. 857 of the Council of
the City of Bakersfield declaring its intention to order the vacation
of a portion of alley in Block 222, Godey Tract, City of Bakers-
field.
Bakersfield, California, September 21, 1970 Page 6
This area has been duly posted and no written protests
were filed in the City Clerk's Office. Request for vacation was
made by the Coca-Cola Bottling Corporation of Bakersfield. Alley
is located between 19th and 20th Streets, running west from "V"
Street. Hearing was continued from last meeting for further
investigation.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received and no one
speaking in favor, the Mayor closed the public hearing for Council
deliberation and action. Councilman Heisey stated he had asked
that this hearing be continued for one week to ascertain whether
the vacation would require the moving of a historical landmark
dedicated to pioneer Alex Godey. He has found that it would not
in any way endanger the monument, and made a motion that Resolu-
tion No. 63-70 ordering the vacation of the Alley in Block 222,
Godey Tract, City. of Bakersfield, be adopted. This motion carried
by the following roll call vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whirremote
Noes: None
Absent: Councilman Bleecker
This is the time set for public hearing before the
Council on the initiated action by the Planning Commission to
amend the Zoning Boundaries from a C-2-D (Commercial - Architectural
Design) Zone to an R-1 (Single Family Dwelling) or more restrictive,
Zone, affecting property located westerly of Elm Street and south-
westerly of Golden State Highway. ~
This hearing has been duly advertised and posted and no
written protests were filed in the City Clerk's Office. The
Planning Commission has recommended this C-2-D property be rezoned
to R-1 (Single Family Dwelling) as it is being developed as an
"own-your-own" apartment subdivision developed to R-1 density.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received and no one
speaking in favor, the Mayor closed the public hearing for Council
deliberation and action.
25
Bakersfield, California, September 21, 1970 - Page 7
Planning Director Sceales explained that the original
recommendation for the zoning had been made by the Planning Staff:.
but the recommendation to the Council for the change in zoning was
being made by the Planning Commission. He stated that the developer
is in accord with the change in zone, as he wishes to develop this
property to an R-1 density and all the site development plans for
the apartments, the plot plan, elevation, etc. have been approved.
Upon a motion by Councilman Vetter, Ordinance No. 1886
New Series amending Title Seventeen of the Municipal Code affecting
that
westerly of Golden State
vote:
Ayes: Councilmen Heisey, Rees,
Whittemore
Noes:
Absent:
certain property located westerly of Elm Street
Highway, was adopted by the
Council,
adjourned at
and south-
following
Rucker, Stiern, Vetter,
None
Councilman Bleecker
Adjournment.
There being no further business
upon a motion
8:50 P.M.
to come before the
by Councilman Stiern, the meeting was
~rsfield,
Calif.
ATTEST:
C ~ an rk of the Council
of the City of Bakersfield, California
Bakersfield, California, September 28, 1970
Present:
Absent:
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P. M., September 28, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Richard
A. Carson of the Bethany United Methodist Church.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker,
Stiern, Vetter, Whittemore
None
Minutes of the regular meeting of September 21,
approved as presented.
were
1970
Mayor Hart declared a brief recess for the purpose of
discussing proposed litigation and the Council and staff went
into an executive session in the Caucus Room.
The Council being thoroughly briefed on the current
water situation, upon a motion by Councilman Heisey, Resolution
No. 68-70 of the City Council of the City of Bakersfield authori-
zing the City Attorney and Special Counsel to being a Civil Action
for and on behalf of, and in the name of the City for the adjudi-
cation and determination of water rights of the Kern River,
declaratory relief, quiet title, injunction and for damages, was
adopted by the following roll call vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whirremote
Noes: Councilman Bleecker
Absent: None
Upon a motion by Councilman Heisey, Resolution No. 67-70
of the City Council of the City of Bakersfield determining and
declaring that the public interest, convenience and necessity of
the City of Bakersfield require and demand the acquisition of
certain water and water rights in the Kern River, together with
the privilege and right of taking the same into possession, to be
used by the City for a water supply; and declaring the intention
of the City of Bakersfield to acquire said property under eminent
domain proceedings, and directing the City Attorney of the City
of Bakersfield and Special Counsel to commence an action in the
27
Bakersfield, California, September 28, 1970 - Page 2
Superior Court of the State of California, in and for the County
of Kern, for the purpose of acquiring said water and water rights~.
together with the privilege and right of taking same into possess~on,
was adopted by the following vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: Councilman Bleecker
Absent: None
As a matter of record, Mr. Helm stressed the fact that
the cost of the action would be borne jointly on a fifty-fifty
basis, by the California Water Service Company and the City of
Bakersfield. A representative of the California Water Service
Company present at the executive session, corroborated this state-
ment. The cost of any action on the condemnation proceedings will
be borne entirely by the City.
Scheduled Public Statements.
Don Hoffman, Executive Secretary of Firefighters Local
No. 1301, requested permission to address the Council regarding
the Bakersfield Fire Department Civil Service Board vacancy. Mr.
Bergen advised that Mr. Hoffman's secretary had notified his office
that due to the forest fires in Kern County, Mr. Hoffman would be
unable to keep any of his appointments for a period of time.
Mr. Harry Hollins of the Kern, Inyo and Mono Counties
Central Labor Council, had requested to address the Council re-
garding appointments to the Fire Department Civil Service Com-
mission, but was unable to be present at the meeting. The City
Clerk read a communication which he had filed with her to be read
in case of his absence from the meeting. Mr. John Ebert, President
of the Central Labor Council signed the communication and stated
that the Central Labor Council Executive Board believes it is
incumbent and appropriate that a member of the Bakersfield Fire
Department Civil Service Commission should be a person from organized
labor. He offered the names of Harry H. Hollins, John Ebert and
Walter Huber for appointment to fill the vacancy on this Commission.
Upon a motion by Councilman Vetter, the letter was received and
ordered placed on file.
Bakersfield, California, September 28, 1970 - Page 3
Councilman Stiern asked if the qualifications of the
three recommended people had been outlined in the letter and was
advised thai this had not been done.
Mrs. Elwin Fink, President of the College Heights P.T.A.,
addressed the Council, stating that she was present to remind the
Council of its promise of last April to make the Height Street
and Sunny Lane intersection a safe place for school children.
Some of the children are not tall enough to push the button to
change the signal light and do not have the good judgment to wait
for a car running through a yellow signal. She thanked the City
Police Officer for his help in educating the children the first
three days of the school year to cross the intersection. There
are approximately 200 children who cross twice a day, and the
parents would like to feel that the City cares for these children
and their safety. She asked why the pedestrian crossing cannot
be installed at this time, and who has jurisdication over the
property.
Public Works Director Jing stated that at the time the
178 Freeway was being completed, State Engineers indicated that
the signal would not be working, so Height Street between Sunny
Lane and Mt. Vernon was barricaded and traffic counts were made
in July. These traffic counts were given to the City and he had
compiled a report from these figures setting out the traffic
counts at Height Street and Sunny Lane and also at other compara-
tive intersections near elementary schools. He pointed out that
the Height Street crossing is under the jurisdiction of the State
Division of Highways.
Mayor Hart questioned a statistic taken in July being
compared to one which would be taken during a school year with
additional traffic. He does not find fault with the survey, only
the timing of it. He asked why the particular problem at the
intersection was not reflected in the report. Mr. Jing pointed
out that vehicular traffic would not change in any way, and
submitted the pedestrian counts broken down into three periods.
Bakersfield, California, September 28, 1970 Page 4
Councilman Whittemore asked Mr. Jing if he had communi-
cated with the Division of Highways to see if they were receptive
to installing an overcrossing at this intersection. Mr. Jing
replied that the Engineers have stated that it would require a
study as to whether or not it would
the existing overcrossing or should
Height Street.
be a continuous extension of
it be a separate structure at
Councilman Whittemore commented that studies can take a
lot of time, and in order to expedite it, he suggested that Mr.
Jing contact the local representative of the Division of Highways
and request that this survey
of Highways had been alerted
the Council feels about it.
be started immediately, as the Division
to this some time ago, and knows how
Mr. Jing stated they will contact the
Fresno office and ask that this study be made.
Councilman Heisey advised that he was most discouraged
when he talked to Mr. Diffenbach, State Division Engineer, about
constructing this overcrossing. He has very little expectation
that the State will build it, as they feel that if they build one
here, it will be necessary to do the same thing elsewhere. The
State will build the overcrossing above freeways, but they do not
build them over access roads to the freeway. He suggested that
the Traffic Authority be requested to make a study with the idea
of reducing the existing 45 miles an hour speed limit on Height
Street.
Councilman Vetter asked if the College Heights P. T. A.
had discussed this matter with the State Engineer. Mrs. Hays of
the P. T. A., stated that the Division of Highways had agreed to
report their findings to them, but to date nothing has been received,
that is the reason it was again brought to the attention of the
Council. She stated that since it has been established that the
State Division of Highways does have jurisdiction, the problem
will be taken up with that agency.
Mr. Jing commented that he and Captain Price of the
Police Department have checked the speed limit on this street, and
the speed limit will be reviewed and possibly reduced. Mr. Van
Vorhees, Assistant State Engineer, has indicated that the State
3O
Bakersfield, California, September 28, 1970 - Page 5
would look favorably on the erection of an advance warning sign,
indicating that there is a signal ahead.
Councilman Vetter then moved that the staff convey the
concern of the Council to the State Division of Highways regarding
the intersection at Height Street and Sunny Lane, and request that
some action be taken to insure the sa£ety of this crossing. After
discussion, at the suggestion of Mayor Hart, Councilman Vetter
included in his motion that the sta££ again call the attention of
the Division of Highways to the need for construction of an
ramp from 178 Freeway at Mt. Vernon Avenue. This motion carried
unanimously.
Correspondence.
Upon a motion by Councilman Stiern, communication from
Division of Highways stating that an investigation is being made
on the request of the Council that the Wilson Avenue Overcrossing
on Route 99 be widened to four lanes, was received and ordered
placed on file.
Upon a motion by Councilman Stiern, resignation of
Leslie L. Franks as a Member of the Bakersfield Fire Department
Civil Service Commission was accepted with regret, and the Mayor
was asked to send a letter of commendation to Mr. Franks~ thanking
him for his outstanding work on this Commission.
Council Statements.
Councilman Heisey remarked that he has received several
calls about speeding on University Avenue at Boise Avenue, which
is an intersection used for crossing by school children. He asked
that the staff request the Traffic Authority to make a study and
report to the Council on what can be done to cut down the speeding
on University Avenue.
Councilman Rees commented that he also had been the
recipient of telephone calls relative to speed at this inter-
section, and he had talked to Captain Price o£ the Police Depart-
ment who advised him that on the basis of equity with other school
Bakersfield, California, September 28, 1970 - Page 6
intersections, there was no way that a crossing guard could be
justified. Captain Price did say that he would send someone to
investigate the conditions and possibly patrol the street in order
to hold the speeding down.
Councilman Vetter asked if it would not be possible to
schedule any future executive sessions after a special meeting of
the Council so that people in the audience would not be forced to
wait until the Council has completed its session. The City Attorney
stated this could be done as long as it is noticed for a special
meeting, or it could be placed on any portion of the regular agenda.
Mayor Hart remarked that rather than take any action tonight and
keeping in mind that executive sessions occur very rarely, it might
be well to "Play it be ear", and hold the executive sessions at the
most convenient time for both the Council and the public.
Councilman Heisey commented that in view of the fact
that a vacancy exists on the Bakersfield Fire Department Civil
Service Commission, he would move that Mr. Gene Oldershaw be
appointed to fill out the unexpired term.
Councilman Whittemore asked if the request from the
Central Labor Council to appoint a person from organized labor to
the Commission was going to be ignored by the Council.
After Council discussion, Councilman Rees nominated Mr.
Walter Huber to fill the vacancy on the Bakersfield Fire Depart-
ment Civil Service Commission. Councilman Rucker seconded this
nomination.
Vote was then taken
appoint Mr. Gene Oldershaw to
on Councilman Heisey's motion to
fill the vacancy on the Commission,
which carried by the following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Stiern, Vetter
Noes: Councilmen Rees, Rucker, Whittemore
Absent: None
Mayor Hart asked Councilman Vetter, Chairman of the
Budget Review and Finance Committee, what progress had been made
on the study of the proposed new Police Building and expansion of
Bakers£ield~ California, September 28, 1970 - Page
City Hall, which had been referred to his Committee on July 20,
1970. Councilman Vetter answered that a report is being prepared
now on a financial consultant, which will be submitted to the
Council in the very near future.
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 986
to 1069 inclusive, in amount of $89,148.23, 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 Bleecker, low bid o£ GKM
Electric Company for modification of the Traffic Signal and High-
way Lighting System at the intersection of Union Avenue and West
Columbus Street was accepted, all other bids were rejected, and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Rucker~ low bid of Weaver
Tractor Company to furnish Diesel Grader was accepted and all
other bids were rejected.
Deferred Business.
This was the time set to further consider report of the
Governmental Ef£iciency and Personnel Committee on the subject of
Modernization of the Fire Alarm Bureau. The Fire Chief's recom-
mendation thai the Fire Alarm O££ice be staffed entirely by Fire-
men with Firefighters to be phased-in in place of the Fire Alarm
Operators as of January 1, 1971 was supported by a majority of the
Governmental E£ficiency and Personnel Committee, and it was recom-
mended that the Council adopt the majority report at the meeting
of September 14, 1970. At that ti~e the matter was tabled for two
weeks until a full Council was present.
Councilman Stiern stated that he had made the motion to
table the matter, and moved that it be taken off the table for
consideration by the Council, which motion carried unanimously.
Mr. Fred Ward, speaking on behalf of the Bakersfield
City Employees Association~ summarized the position of the
Bakersfield, California, September 28, 1970 - Page 8
Association on this matter, which he stated is of grave concern
to City employees. He thanked the Governmental Efficiency and
personnel Committee for its readiness to review the matter and to
listen to protests on what the Association regards as an employee
inequity in the matter of phasing-out the Fire Alarm Operators, as
they feel it is unnecessary and rather heartless. He specifically
requested that the Council reverse its action to replace the Fire
Alarm Operators. However, if the Council does not do this, he
asked thaf the phasing-out process be done on the basis of attrition,
and that any set time for discharging the women operators be elimi-
nated completely.
He stated that three of the operators have indicated to
him that they are willing to accept other City employment and that
the Council's willingness to transfer them to other positions in
the City where they would not lose salary,
decision.
Councilman Vetter
attitude on the part of the
has influenced this
remarked that he appreciates this
Fire Alarm Operators. He has always
been concerned about the efficiency of the Alarm Office and the
Chief of the Fire Department has assured the Committee, verbally
and in writing, that the efficiency will not be impaired, that
the men assigned to the Fire Alarm Office will have passed a
qualifying test to be able to operate any alarm system. He stated
that he would not personally want the time-certain changed, becaus,~
he thinks it is important that the people involved realize they
must look favorably on acceptance of other employment within the
City and that it is going to be incumbent on the City and the
other Civil Service Commissions to make every effort to certify
these people for the jobs and give them preferential treatment to
fill City positions.
Councilman Vetter asked Mr. Bergen to outline what the
procedure will be in connection with the Fire Alarm Operators, are
they to submit applications; just exactly what does the employee
need to do to make this transfer to another department.
34
Bakersfield, California, September 28, 1970 - Page 9
Mr. Bergen stated that the girls would be asked to fill
out a supplemental application form showing their qualifications,
which in turn would be submitted to both the Miscellaneous and
Police Civil Service Boards. The Boards would, based on these
qualifications, certify each of the girls for any position for
which they qualify. Then when a vacancy occurs in any department,
they could accept that position on a trial basis, with the guaran-
tee that the salary will be the same as they are receiving at the
present time. He would assume that the Department Head would
interview them and they would be required to get along in the
Department. He is assuming that the Civil Service Boards will
cooperate in this request.
He is also assuming that the Council will have adopfed
an Ordinance prior to January 1, 1971, changing the Fire Depart-
ment Retirement System so that contributions can remain in the
Fire Department Retirement System. If this is not accomplished
by that date, he would recommend that elimination of the positions
be deferred until such time as this is done.
After discussion, Councilman Heisey moved for adoption
of the Majority Report of the Governmental Efficiency and Personnel
Committee.
Councilman
Captain John McAteer
Whittemore asked the Council to recognize
of the Bakersfield Fire Department, who
handed Mayor Hart a document before he addressed the Council,
stating that his remarks are not intended to be a confrontation
with the Fire Chief or the members of the City Government. The
Council is being asked to make a grave decision which will have
an impact on all levels of Fire protection offered to City residents.
He feels that the Council should make this decision with its eyes
wide open to the facts and information available. 94 members of
35
Bakersfield, California, September 28, 1970 - Page 10
the Fire Department were concerned to the extent that they have
signed a statement expressing their beliefs. It is for these 94
men encompassing practically every rank on the Department that he
speaks. These men signed the statement because Captain Barnhart's~
statement on the subject was questioned as to its truthfulness by
one member of the Council. The men who signed the statement did
so with full knowledge of possible reprisals against them for
expressing their views. He attempted to read a statement by
Charles Henry Broughton, a Fireman, of an alleged conversation
which took place with Fire Chief Paddock, telling of intimidation
because he had circulated the above mentioned petition.
Councilman Stiern interrupted Captain McAteer and called
for a point of order, asking if this was a Civil Service proceeding
against the Fire Chief or if it was a discussion relative to a
transfer of the Fire Alarm Operators. He asked if the Fire Chief
was on trial here tonight by one of his Captains.
Captain McAteer replied that he was merely stating that
these 94 men felt very strongly on what was happening to the Fire
Alarm Office, and had signed the.petition.
Councilman Stiern stated he refused to listen to state-
ments of this nature and that if charges were in order, they should
be made through the proper channels, starting with the City Manager
and then on to the Fire Department Civil Service Commission.
Councilman Bleecker agreed with Councilman Stiern's
statements. He stated that the Chief of the Fire Department ought
to be able to expect loyalty from his employees instead of a con-
frontation that does not serve any purpose.
Councilman Stiern asked Captain McAteer if he would
care to come forward and affix his signature to the paper which
he had handed Mayor Hart containing complaints about the Fire
Chief. Captain McAteer did so. Councilman Stiern then moved
that the document be received and placed on file.
Bakers£ield, California, September 28~ 1970 - Page 11
Mayor Hart permitted Captain McAteer to complete his
statement but requested him to confine his remarks to matters
pertinent to the Fire Alarm Operators.
Captain McAteer went on to say that the Council has
been told that it will save $7,000 annually by replacing the
women operators with Firemen. If this is a motivating factor,
he suggested an alternative. There are ll college football players
living at the various Fire Stations throughout the year being paid
$30 each month as auxiliary Firefighters during the school year.
During the summer vacation, two college students are hired ~or a
three month period. He suggested that the City cease subsidizing
the Renegade Football Team at a cost of more than $8,000 a year
and keep the well-trained and efficient female Fire Alarm Operators
it has now. Even the present operation of the Fire Alarm Office
lacks efficiency with the men taking turns at dispatching. This
method of rotating places the entire dispatching office on an
amateur basis. The 94 men signing the petition support the views
expressed by Captain Paul Barnhart more than a month ago in which
he said "professional Firefighters should fight fires and pro-
lesstonal Alarm Operators should dispatch men and equipment to
emergency situations."
It is their belief that if the professional women Fire
Alarm Operators are replaced by part time Firemen, the level of
protection deserved by the public will not be available. If the
Council rubber-stamps the recommendation of the Fire Chief, it
will be passing bad legislation. It is their belief that the
system has su£fered some loss in efficiency by the use of Fire-
fighters on a part time basis. There is no doubt in his mind
that all men in the Alarm Office would function very efficiently,
but in the interim~ the department is suffering.
Councilman Vetter again commented that the Chief has
assured the Council that qualified Firemen will be working as
Fire Alarm Operators and it is his understanding that the personnel
will be assigned there for a much longer period than they were in
the past. The Chie£ felt in the past that everyone should be
Bakersfield, California, September 28, 1970 - Page 12
given the opportunity to serve in the Alarm Office, and claims
that the men who will be assigned to this work will be competent
and as efficient as the women operators. Since the Chief has been
on the department for over 30 years, his judgment should be re-
spected.
Councilman Rees stated that he had no reason to criticize
the chief's judgment; it would be his position that the Council at
all costs should avoid undercutting his authority and should go
along with professional recommendations as head of the Fire Depart-
ment or else get rid of him. He hopes that whatever adjustments
are necessary to be made in the department will be made with a
minimum of inconvenience and injustice to those concerned. He
submitted a substitute motion that the City Council adopt the
September 14, 1970 Majority Report of the Governmental Efficiency
and Personnel Committee, with the following revision of Paragraphs
1 and 2:
1. That the City Council reaffirm the basis
position it took on May 5, 1969, regarding
the female Fire Alarm Operators, that is,
phasing them out with Firefighters as the
present operator jobs become vacant due to
retirement, resignation or transfer to
other positions in the City service.
2. In the meantime, every effort be taken by
the Miscellaneous and Police Civil Service
Boards to certify these City employees to
appropriate eligibility lists for which
they qualify.
Councilman Vetter reiterated that a date should be set
for replacing the Fire Alarm Operators with Firemen and it should
be a specific date, which will obligate the City to explain to
the female operators how they can transfer into other positions
in the City and every available method used to see that they
receive employment. If the Majority Report is adopted, and if at
the time prior to the date for eliminating the Fire Alarm Operators
positions he feels that the City has not lived up to the intention
of the report, he will then personally support a change in the
deadline for termination of the jobs.
Bakersfield, California, September 28, 1970 - Page 13
Councilman Whirremote commented on treatment given
Captain McAteer when addressing the Council this evening, and
stated that every employee has the right to defend himself before
the Council. He stated that he has never been given an answer to
one question which has been brought up many times, and that is
the statement purported to have been made by Chief Paddock in
which he promised that the women would have jobs as long as he
was Chief or until they retired. He asked Chief Paddock for an
answer.
Chief Paddock replied that "yes, he had made the comment
that he would do everything in his power to see that the ladies
were taken care of."
In reply to Councilman Whittemore's question if that
meant they would have a job as long as he was Chief or until they
retired Chief Paddock replied "no."
Councilman Whittemore commented that the May 5, 1969
report did not use the word "attrition", but it was the intent
of that report that the girls would be phased out as the jobs
became vacant, which didn't mean that the jobs are vacated by
firing the women. This was the intent of the recommendation made
by the Governmental Efficiency and Personnel Committee at that
time, because these girls are competent, they have always received
a high rating, and this is the reason he submitted a Minority
Report.
Councilman Stiern stated he would like to speak in
support of the original motion. He cannot see where this Council
has a record of being unfair to employees. He mentioned the
financial trouble existing in other cities, especially the cities
in California. The City of Bakersfield is in financial trouble,
also, it was necessary to adopt a 5% Utility Tax in order to be
fair to its employees. The Council is going to have to start
being concerned about the taxpayers, and it may even be necessary
to cut back City Employment and services in succeeding years. The
39
Bakersfield, California, September 28, 1970 - Page 14
female Fire Alarm Operators have been offered jobs in other depart-
ments of the City, and to him that is being very fair. This is a
down right economy and it is incumbent on the Council to make that:
economy available to the City taxpayers. If Captain McAteer's
statement that $8,000 is being spent to subsidize the Renegade
football team is true, then that should be removed from the budget.
The recommendation to reorganize the Fire Alarm System has been
made by the Fire Chief, the administration and the Governmental
Efficiency and Personnel Committee, whose opinions are respected
by the Council.
Vote was then taken on Councilman Rees' substitute motion,
which failed to carry by the following vote:
Ayes: Councilmen Rees, Rucker, Whittemore
Noes: Councilmen Bleecker, Heisey, Stiern, Vetter.
Absent: None
Councilman Heisey's motion to adopt the Majority Report
of the Governmental Efficiency and Personnel Committee on the Re-
organization of the Fire Department Alarm Bureau carried by the
following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Stiern, Vetter,
Whittemore
Noes: Councilman Rucker
Absent: None
Councilman Stiern stated that he would like to modify
his previous motion relative to the letter of complaint submitted
to the Mayor by Captain McAteer, and would move that the letter be
received and referred to the legal department for recommendation.
City Attorney Hoagland stated that if the Council moves
to receive this document, it will then be a matter of public
record. He has read the document and it is inappropriate to file
it with the City Council. If charges are to be made, they should
have been filed with the Fire Department Civil Service Commission.
After discussion, Councilman Stiern withdrew his previous motion
and moved that the document be returned to Captain McAteer for his
disposition, and no further action be taken by the Council.
Bakersfield, California, September 28, 1970 - Page 15
City Manager Bergen asked Captain McAteer if the 94
Firemen who had signed the petition or statement, supported the
charges made in the document, and Captain McAteer replied in the
negative, stating that it was his statement only.
Councilman Vetter asked Captain McAteer if he intended
to file the charges with the Bakersfield Fire Department Civil
Service Commission, and he replied thai he would probably discard
it~ that he had brought it to the Council's attention to prove
the basis for doubting the Fire Chief's judgment.
Mr. Bergen commented that he had been talking with the
City Attorney and within the next 30 days he will be meeting with
the Police and Miscellaneous Civil Service Commissions~ and he
will then make a report on the exact procedures to be followed by
the girls to transfer to other City positions~ and the Fire Alarm
Operators will be in£ormed also.
Councilman Rucker expressed his appreciation to Captain
McAteer for appearing belore the Council as he believes this is
the place for complaints to be submitted and heads o£ departments
can make mistakes at times.
Councilman Bleecker commented that he did not care to
sit as a Councilman every Monday night and listen to employees
complain about their Department Heads.
Adoption o£ Resolution No. 65-70 of the
Council of the City of Bakersfield adopt-
ing Plans and Specifications, Careful
Estimates, District Map and Diagram for
the Construction of Curbs, Gutters~ Side-
walks, Driveway Approaches and Necessary
Drainage Facilities in Public Improvement
District No. 854.
Upon a motion by Councilman Rucker~ Resolution No. 65-70
of the Council of the City of Bakersfield adopting Plans and Speci-
fications~ Careful Estimates, District Map and Diagram for the
Construction of Curbs~ Gutters~ Sidewalks~ Driveway Approaches and
Necessary Drainage Facilities in Public Improvement District No.
854, was
Ayes:
Noes:
Absent:
adopted by the following vote:
Councilmen Bleecker~ Heisey~ Rees,
Whittemore
None
None
Rucker, Stiern~ Vetter,
41
Bakersfield, California, September 28, 1970 - Page 16
Adoption of Resolution of Intention
No. 854 of the City Council of the
City of Bakersfield declaring its
intention to form Public Improvement
District No. 854.
Upon a motion by Councilman Rucker,
tion No. 854 of the City Council of the City
Resolution of Inten-
of Bakersfield declaring
Ayes: Councilmen Bleecker, Reisey, Rees,
Vetter, Whittemore
Noes: None
Absent: None
November 2, 1970 for hearing on the matter
adopted by the following vote:
Adoption of Resolution No. 66-70 deleting
two Council meetings in the month of
October, 1970.
Upon a motion by Councilman Stiern, Resolution No.
deleting two Council meetings in the month of October, 1970,
adopted
Ayes:
Noes: None
Absent: None
Abstained: Councilman Whittemore
Claim of Rosemary Ryan for Personal
Injuries referred to the City Attorney.
Upon a motion by Councilman Rucker, claim of Rosemary
Ryan for Personal Injuries was referred to the City Attorney.
Petition requesting annexation and
formation of a Public Improvement
District for sewer services by rest-
by the following vote:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter
Upon
annexation and
services by residents in vicinity of Oriole Street and Phaffle
Drive, was referred to the Planning Commission for review and
recommendation.
dents in vicinity of Oriole Street
and Phaffle Drive, referred to the
Planning Commission.
a motion by Councilman Whittemore, petition requesting
formation of a Public Improvement District for sewer
before the Council, was
Rucker, Stiern,
66-70
was
its intention to form Public Improvement District No. 854 and setting
42
Bakersfield, California, September 28, 1970 - Page 17
Parcel of Land declared surplus and
Mayor authorized to execute Quitclaim
Deed to abutting property owner.
Upon a motion by Councilman Bleecker, a parcel of land
located southerly of the intersection of "0" Street and 8th Street
was declared supflus, with utility easement rights and access
rights to all properties adjoining the parcel reserved, and the
Mayor was authorized to execute a Quitclaim Deed to the abutting
property owner for value established by a licensed appraiser.
Approval of Change Order No. 1 to
W. M. Lyles Co. for Contract No.
64-70, Construction of Storm Drains
in Cypress Street, Verde Street,
South "K" Street, Lakeview Avenue
and California Avenue.
Upon a motion by Councilman Rucker, Change Order No.
to W. M. Lyles Company, for Contract No. 64-70, Construction of
Storm Drains in Cypress Street, Verde Street, South "K" Street,
Lakeview Avenue and California Avenue, was approved, and the Mayor
was authorized to execute same.
Mayor authorized to execute Notice of
Completion of Work on that certain pro-
ject known as the installation of Traffic
Signals and Street Lighting at the inter-
section of Wible Road and Wilson Road.
Upon a motion by Councilman Vetter~ the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
of Work on that certain project known as the Installation of Traffic
Signals and Street Lighting at the Intersection of Wible Road and
Wilson Road.
Acceptance of Map of Tract No. 3273
and Mayor authorized to execute Con-
tract and Specifications for Improve-
ments in said Tract.
Upon a motion by Councilman Bleecker, it is ordered that
the Map of Tract No. 3273 be, and the same is hereby approved.
That the easement and avenue shown upon said Map therein offered
for dedication, be and the same are hereby accepted for the purpose
£or which the same are offered for dedication. Pursuant to the
provisions of Section 11587 of the Business and Professions Code,
the Council of the City of Bakersfield hereby waives the requirement
Bakersfield, California, September 28, 1970 - Page 18
of signatures of the following:
NAME
NATURE OF INTEREST
Kern County Land Company
Mineral Rights below a depth oi
500 feet with no right of sur-
face entry.
Kern County Land Company
Right to pass over and across
said land for ingress to and
egress from any lands of Kern
County Land Company, which are
not accessible from any public
road, highway, or over other
lands of said company as excepted
and reserved in that Deed recorded
May 27, 1960 in Book 3271 at Page
26, O. R. County of Kern.
The Clerk of this Council is directed to endorse upon the
face of said Map a copy of this order authenticated by the Seal of
the Council of the City of Bakersfield and the Mayor is authorized
to execute the Contract and Specifications for Improvements in said
Tract.
Acceptance of Map of Tract No. 3434
and Mayor authorized to execute Con-
tract and Specifications for Improve-
ments in said Tract.
Upon a motion by Councilman Vetter, it is ordered that
the Map of Tract No. 3434 be, and the same is hereby approved.
That all the easements, streets and drives shown upon said Map,
therein offered for dedication be, and the same are hereby, accepted
for the purpose for which the same are offered for dedication.
Pursuant to the provisions of Section 11587 of the Bust-
hess and Professions Code, the Council of the City of Bakersfield
hereby waives the requirement of signatures of the following:
NAME
NATURE OF INTEREST
Kern County Land
Company
Mineral Rights below a depth of
500 feet with no right of sur-
face entry.
Kern County Land Company
Right to pass over and across
said land for ingress to and
egress from any lands of Kern
County Land Company, which are
not accessible from any public
road, highway, or over other
lands of said company as excepted
and reserved in that Deed recorded
May 27, 1960 in Book 3271 at Page
26, O. R., County of Kern.
44
Bakersfield, California, September 28, 1970 - Page 19
The Clerk of this Council is directed to endorse upon
the face of said Map a copy of this order authenticated by the
Seal of the Council of the City of Bakersfield and the Mayor was
authorized to execute the Contract and Specifications for improve-
ments in said Tract.
Hearings.
This is the time set for public hearing before the
Council on an application by Del-Pine Development Company to
change the zoning boundaries from an R-2-D (Two Family Dwelling -
Architectural Design) Zone to an R-3 (Limited Multiple Family
Dwelling) or more restrictive Zone, of that certain property
located west of Stine Road and Stine Canal between Belle Terrace
and Ming Avenue. This hearing has been duly published and posted
and no written protests have been filed in the City Clerk's Office.
The Planning Commission recommended the front portion
along Stine Road be zoned R-3-D and the portion westerly of the
existing R-3-D Zone be zoned R-1. The Commission felt the back
portion of the parcel should be rezoned back to R-1 to conform to
the zoning of the adjacent properties.
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. Bill Griffin of Del-Pine
Development Company, addressed the Council stating that it would
be impossible for his company to proceed with the planned develop-
ment of this property if the Council approves the Planning Com-
mission recommendation to zone the back portion of the parcel back
to R-l, however, they would accept the present existing R-2 Zoning
of that area.
Councilman Bleecker asked Planning Director Sceales what
was the reason for the Planning Commission to recommend R-1 on the
back portion of the parcel. Mr. Sceales stated that originally
this property was zoned "A", then rezoned R-2, and it is the
thinking of the Commission that it should be rezoned R-3-D to be
extended north to take in approximately five acres, and the back
portion should be zoned back to R-1 to conform to the zoning of
Bakersfield, California, September 28, 1970 - Page 20
the adjacent properties. With this zoning, this company could
build 209 units. He still has not seen a plot plan, but it is
his understanding that it is the intention of the developer to
build 190 units on the entire parcel, which would be 25 units
over an R-2 zoning.
Mr. Griffin displayed a rendering for the project which
he stated had just been prepared by his company.
Mayor Hart closed the public portion of the hearing for
Council deliberation and action. After Council discussion, upon
a motion by Councilman Vetter, Ordinance No. 1887 New Series amending
Title Seventeen of the Municipal Code of the City of Bakersfield by
changing the Land Use Zoning of that certain property in the City
of Bakersfield located west of Stine Road and Stine Canal between
Belle Terrace and Ming Avenue~ was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter
Noes: Councilman Whittemore
Absent: None
This would provide for the parcel to be zoned R-3-D on
the east end and R-2-D a distance of 565 feet on the west portion
of the property, as requested by the applicant. Councilman
Whittemore asked Mr. Griffin if it was the intention of the Del-
Pine Development Company to construct low cost, low rent housing
on this property. Mr. Griffin replied that this was not contem-
plated by his company.
Councilman Stiern commented that it appears to him there
are more problems attendant to the Fire Department than any other
Department in the City. He asked the City Manager and the Fire
Chief to survey the records for the last ten years and advise the
Council of the turn over in the Fire Department. He would like
that rate compared with the Police Department, the Public Works
Department and other departments in the City, in order to arrive
at a determination as to whether the Fire Department is really in
such bad shape as is told to the Council night after night. He
asked Mr. Bergen to include in the report any appropriate material
Bakersfield, California, September 28, 1970 - Page 21
that might be necessary and also include such statistics as Work-
men's Compensation, deaths on the job, cause of death. etc. He
asked Assistant City Attorney Davis if a Councilman could be
construed as interfering with employer-employee relations in
requesting this information, and Mr. Davis stated there was no
problem as he was only asking for general information applying to
a Department.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Vetter, the meeting was
adjourned at 11:50 P.M.
ATTEST:
of the Council
of the City of Bakersfield, California