HomeMy WebLinkAboutJAN - MAR 1970328
Bakersfield, California, January 5, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., January 5, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend James
Versluys of the Christian Reformed Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker,
Stiern, Vetter, Whittemore
Absent: None
Minutes of the regular meeting of December 22, 1969,
were approved as presented.
Scheduled Public Statements.
Prior to hearing any statements from the public, Mayor
Hart stated he wished to comment relative to a charge made in an
article appearing both in the local Bakersfield California and
the Fresno Bee newspapers, that a young man had been arrested and
beaten up in the police station while his hands were handcuffed
behind his back. This reporting of the incident was inaccurate.
He requested a retraction of the story as it was issued locally
and also requested the same retraction from the Fresn~ Bee and a
corrected version appeared in the Fresno Bee. As he pointed out
at the last meeting, he spent 2! hours with the parents relatives
and concerned citizens relative to this incident, and at no time
was that statement ever made.
He addressed his remarks to the group whichhas requested
to speak to the Council this evening, and asked that they not be
repetitious in their presentations, if there is something to be
added to whatever has already been offered, the Council is anxious
to hear it. He point out that every member of the Council as
well as other interested persons had been furnished with copies of
a transcript of the meeting in the Mayor's office, and the trans-
cript has been read and accepted for total accuracy by several
members of the group which has requested to be heard tonight.
Bakersfield, California, January 5, 1970 - Page 2
Mr. Dan Wade, who stated he was editor of the local
black paper in Bakersfield, addressed the Council at this time as
follows:
Quite a few of the concerned citizens here have not only
come to me, we came to the Mayor, and he very kindly allowed us to
present our problem to him and we brought it to the Council.
People that we are going to have speak here tonight have their
statements well together and we have gone over it and we are going
to not be repetitious. Myself, I would say that in starting my
statement, every person it is stated who under color of law sub-
jects or causes to be subjected, any citizen of the U.S. or other
person within the jurisdiction to jeopardization of any rights,
privileges or immunities secured by the Constitution of the laws,
shall be liable to the party injured in any action at law, suit
or equity or other proper procedure for redress. Now the people
of the City of Bakersfield are complaining of: 1. Being deprived
of the constitutional right not to be beaten, maced or subjected
to abusive treatment and language by any official, authority or
enforcement agent. 2. The children are not being protected from
such actions by the duly elected officials in that these officials
are not providing punitive measures harsh enough to cause a
deterrent effective against beatings, macing and abusive language.
This Council has amandatory right and a moral obligation to
investigate fully and cause such punitive action to be taken by
enacting rules or laws that will make such punitive actions manda-
tory by their imposition by the agencies which are designated to
take some action.
Now the Council can and must
make ...... between any of these actions,
teenager in the police
the police station and
of this community.
cause action which will
such as the beating of a
station, the macing of girls who were in
totally unnecessary beatings of the citizens
Bakersfield, California, January 5, 1970 - Page 3
There is no excuse for beating a human being, for beating
men to the floor and dragging them by the hair. If he has committed
a crime, then he should be arrested and I agree with this. But
there are rules for police officers as well as citizens, and when
these officers break these rules again and again, then it is up to
the Council, to set in motion some plan that will serve the community
as well as the Police Department. The truth must befound in this
instance and weed out the lies. When youngsters tell me that the
officers they talk to and the officers that arrest them, and this
isn't just one or two youngsters, I have talked to at least ten or
twelve youngsters, and each one of them told me the same thing. I
asked them what happened. These are not youngsters who had what
we called brutality inflicted on them, these were youngsters that
were arrested. They said there was no brutality, all the police-
man did was hit me in the jaw or hit me along the side of the head
with a stick and kicked me and put me in the car.
Now this is a horrible thought that the youngsters of
this City can think that this is normal police procedure. I don't
think any of the gentlemen here believe this is or should be, nor-
mal police procedure. Normal police procedure is to arrest a man
and use the necessary force to arrest him, to take him into custody
and put him in jail and book him. I mean, we don't have to have
these conditions that we have in this City. A boy was ~eaten by
the Highway Patrol. He was beaten even after he was almost help-
less, he was still beaten, and people around were asking the other
officers, both black and white officers, why don't you stop this,
and they got no response. Why did the beating go on, why did the
teen incident occur, why were children arrested after the Christmas
Parade and taken to juvenile hall and abusive language to them.
And they were turned loose the next morning with no charges. Why
take them there and keep them all night. It seems to me that this
is growing, it is growing and growing and the more they get away
with it, the more it is done. It is not the whole police department,
Bakersfield, California, January 5, 1970 - Page 4
331
it is not even a major part of them. But there are people who
will push as long as they are allowed to push and not stopped.
We can say go to the Police Commission. We've been to the Police
Coramission, we've been to the City Manager, and now we come to
the Mayor and he brought us to the Council. Now this is what
we're supposed to do, and the Council is supposed to act on this.
We are not talking about firing some policemen, you fire four or
five policemen, and there are some more like that come along.
The thing is that you make it in some manner in which the com-
munity and the police can get a better rapport and solutions, and
the people who follow me will give these solutions. And then act
upon it. The Council is elected by the people, the people are
asking the Council for help. And I think the Council should listen
and try to help. Thank you.
Mrs. Cyrille Duzen addressed the Council as follows:
I am Mrs. Cyrille Duzen, I am with the legal redress
coramittee of the National Association for Advancement of Colored
People. Prior to and including the time I have been working with
the legal redress committee, the growing number of cases which we
have verified, in which the totally unnecessary, vicious and
cowardly use of force by police officers, most often after their
victims have been handcuffed with their hands behind their backs,
has steadily grown. These of course do not include the many cases
we do not hear about and which are not reported to us, or those
which we hear about long after they have happened. Not all of
these cases are limited to black people, but the vehemence and
the seemingly relish for hurting, the dirty racist name calling
that goes on in the name of law enforcement, seems most often
directed to them. This is a danger to the health and welfare of
us all, it is done in our name and with our money.
The really shocking thing about it is that the majority
of the receipienfs of such treatment, the physical abuse and dirty
language, are children, teenagers and young adults. Now we are
302
Bakersfield, California, January 5, 1970 - Page 5
we have left is that
traumatic experience
protect us all.
further shocked and horrified to discover that mace, which is a
dangerous chemical, is being used and in a totally senseless way,
at close range and after the victim is already handcuffed. This
is really vile. Arrests have been made of children, juveniles,
they are frightened, hurt, subjected to abusive and filthy language,
harsh and abusive treatment, removed to juvenile hall, where they
may be, with intervention, released, the charges dropped and what
some nice children have been subjected to a
at the hands of the people that we retain to
Two years ago, over 300 shocked citizens from all seg-
ments of Bakersfield, met in a hot, airless church, on a boiling
August night, because a 16 year old black youngster had been
beaten unconscious by at least two law enforcement .officials and
dragged around a vacant lot like an animal, while other policemen
assisted or stood by, and an appeal was made to all of them to
stop the beatings. Onlookers believed the boy was dead, his
friends and girl friend were crying, saying he's gone, he's gone.
One of the women who arrived, looked at the inert body and wondered
aloud to another woman, as the police turned the unconscious boy
over and handcuffed him, why are they doing that, he's dead.
Because the police officers changed their testimony between appear..-
ances.before the juvenile referee and the superior court judge, the
boy was convicted, but innocent
clearly showed he was innocent,
blows which were rained on that
or guilty, and our investigation
nothing could excuse the terrible
boy's body. Six weeks later, the
beating was still evident. A nasty scar over one eye and a half
drooping lid. Another youngster picked up at a park, was mauled,
the ligaments in his knee twisted.
Last summer there was the
about, the teen-center incident. A
incident that we all know
large group of teenagers
was having a happy time at a teen-center dance. This innocent
recreation was turned into a nightmare which became community-
wide. I would like to read a short excerpt of a summary which
Bakersfield, California, January 5~ 1970 - Page 6
was sent to the Commission
public officials.
Dr. Stiern: Mrs. Duzen, may I ask
just made a statement - this incident became
on Civil Rights, and other agencies and
Dr. Stiern:
Where did you get the
Mrs. Duzen:
many statements.
Dr. Stiern:
result
May I ask you another question, Mrs. Duzen.
information that you just gave.
We made an investigation. We have many,
This information that
of your investigation.
Mrs. Duzen: Absolutely.
you just gave is a
was turned into a nightmare which became community-wide. Is
part of your statement.
Mrs. Duzen: Yes, I am referring to the black community
and I would like to read from this, something that would give you
some idea of the magnitude of this incident. About half of the
youngsters were out of the hall, when Sgt. Benfield yelled "Charge.."
The police came running across the street whaling their riot clubs:,
hitting indiscriminately at the fleeing youngsters and chaperones
who attempted to show their official buttons. Women and girls,
as well as adult men and boys, were repeatedly struck. Some were
singled out for severe beatings, as the youngsters ran back into
the building to escape the onslaught of the police who followed
them into the hall and continued to club and curse them. Mace
was used on people who were obviously trying to leave the premises.
Shots were fired, seven arrests were made. Four juveniles and
three adults, all of whom were severely beaten. One of the
beatings was administered at Kern General Hospital next to the
paddy wagon, while medical attention was being given to some of
the other victims. Squad cars and the paddy wagon roamed the
neighborhood, chasing youngsters on foot and in cars as far'as
Lakeview Avenue, about a mile away. Parents were looking for
their children, some of them had been routed out of the service
station as they sought to phone their parents to pick them up.
you a question? You
community-wide, it
this
Bakersfield, California, January 5, 1970 - Page ?
Mr. Vetter: The thing that bothers me on this, Mrs.
Duzen, is that this California Avenue incident has been hashed
and re-hashed and gone over and over~ it was referred to the
Grand Jury~ and the Grand Jury investigated it~ and as I under-
stand took testimony from a number of people, and the declined
to bring back any indictment of anyone. How long do we have to
keep going over the same thing?
Mrs. Duzen: I have presented these to indicate that
there is a serious pattern of physical force being used on black
youngsters.
Mr. Vetter:
incident that has been
beatings,
What I am saying is that this is the only
specifically brought out, you takled about
mace, etc., and the California Avenue incident is the
only incident, other than the one that occurred in the police
station~ that has been brought to the Council's attention. And
that was completely investigated by the Grand Jury~ and I under-
stand that there were people that asked for investigations by
other agencies~ and to my knowledge, either they didn't do it~
or if they did do it~ they had no criticism of the Police Depart-
ment in this particular action. I think another thing that should
be pointed out is that these people that you mentioned~ the
defendants that were arrested, they were also convicted~ as well.
Mrs. Duzen: I am aware of all that.
Mr. Bleecker: I don't want to hear any more of this--
Mr. Vetter: My point is that you keep going over and
over the same thing~ and if there is something new to bring out,
I think it is important that we do it, but you keep making
references to these things like they are -- and pertlaps in your
own mind you feel~ that they are the truth. In my own mind,
they're not. I know as a matter of fact that one of the gentlemen
that stood up in the audience that particular night when someone
was referring to this California Avenue incident and said "here's
a man back here that was injured in this California Avenue inci-
dents" he had a bandage on his head. As a matter of fact~ that
young man was hit on the head with a bottle that was thrown by
some of the people out there~ and not by police.
Bakersfield, Cali£ornia, January 5, 1970 - Page
Mrs. Duzen: Well, I won't go into that now. My infor-
mation is very different. But I would like to finish my statement.
Dr. Stiern: Would you permit me to ask you one more
question, then you can go ahead with your discussion. This infor-
mation that you are bringing out tonight, like the young man at
Kern General Hospital who was beaten before he was given medical
attention that you just alluded to, did you appear before the
Grand Jury and talk about these things when they investigated this?
Mrs. Duzen: Not I did not.
Dr. Stiern: Did you bring these facts to light before
the Grand Jury?
Mrs. Duzen: These were all included in the statements
that were made before the Grand Jury.
Dr. Stiern: Did you make these allegations before the
Grand Jury? If you knew of these things, did you call them to the
attention of the Grand Jury?
Mrs. Duzen: They were all made public --
Dr. Stiern: My point is, why didn't you take it to the
Grand Jury and why are you appearing tonight before the City Council.
Mayor Hart: Mrs. Duzen,
your presentation relative to the
let's go on from there, please.
Mr. Rucker: Mr. Mayor.
try to post the Council as to what
please restrict the balance of
appearance here this evening,
I think Mrs. Duzen's idea is to
has happened in the past per-
raining to the Police Department and the action that has been taken.
Of course, this was investigated, the matter has been brought to
our attention again tonight, the matter was investigated by the
Grand Jury. By the very same token, she is bringing us up to date
on the various things which have occurred in our community, and
particularly, the black community, and she is just touching on
these little things to call it to the attention of the Council,
to try to get the Council to take some action in some particular
manner, to see if they could do something to try to alleviate the
condition that exists in the black community.
336
Bakersfield, California, January 5, 1970 - Page 9
Dr. Stiern:' Oh,
understand why she waited until
situations out when they should
Grand Jury last summer.
Mr. Rucker:
brought this out then.
Dr. Stiern:
Mr. Rucker:
I'm quite sure it was brought out.
Dr. Stiern:
NAACP, she had a right
Mayor Hart:
you will.
Mrs. Duzen:
I understand that, Del, but I can't
January the 5th to bring these
have been discussed with the
They probably did. I'm sure they probably
Well, I asked her and she said'she didn't.
I don't know whether she did or not, but
to that incident in the
when the young man came
handcuffs on?
police station, you said they used mace
back into the police station and had
gentlemen before me have indicated, refers to sometlhing that
happened on December 21st, in which a group of youngsters were
mauled and arrested at the Westerner, taken to the police station
where they were followed by one of these youngsters, his aunt,
uncle and mother. When the latter four people arrived', the boy
was viciously beaten in the presence of his horrified relatives,
he offered no resistance, it was not a matter of his failing to
appear. The mother remonstrated, naturally, and she also was
shaken up some. Other youngsters were also beaten in the police
station that night and the filthy language, the nasty, racist,
vicious language that was used by the Police, there is no excuse
for, the beatings and the macings at close range, to which I
previously 'referred, are also inexcusable, stupid and vicious.
It is up to the Council to take steps to set up some
procedures to remedy the situation and to insure that the future
use of th~ public trust is never again misused in this way.
Mr. Vetter: Mrs. Duzen, before you leave, did you refer
The latest incident, as the Mayor and the
Well, she's the grievance committee of the
to bring them out.
Let's let the lady proceed, gentlemen, if
Bakersfield, California, January 5, 1970 - Page l0
Mrs. Duzen: No, this was another group of youngsters.
Three girls, who incidentally were thrown into one cell in the
jail with another young woman who had also been beaten, one blanket
between them in a very cold cell, and none of them were ever given
any medical treatment, although they required it.
Mr. Vetter: What was the reason that they were in the
police station to start with?
(Young black man in the audience started to speak)
Mayor Hart: Young man, this is a matter of procedure
only, you will have to return to your seat, this lady is speaking.
Go ahead, Mrs. Duzen.
Mrs. Duzen: We have verified that these 'things have
happened. I would like to see the Council set up some procedure
to investigate these things and at such time we can go into the
entire matter and all the details. We have the information
available.
Dr. Stiern: Mrs. Duzen, what kind of procedure would
you suggest?
Mrs. Duzen: The next speakers will recommend something,
the possible procedures.
MrS. Bleecker: Mrs. l)uzen, the incident you refer to
about macing in the police station, Councilman Vetter asked you
if you knew how these people had gotten into the police station.
Do you know how they got there?
Mrs. Duzen: Yes, I do.
Mr. Bleecker: They invaded the police station, didn't
they?
before.
Mrs. Duzen: Are you asking me or telling me, sir.
Mr. Bleecker: Well, I'm asking you, you didn't answer
Mrs. Duzen: I am not of the opinion that they invaded
the police station. Going into the police station is not invading it.
Mr. Bleecker: I am of the opinion that they chased
another person into the police station who had driven his car
upon the sidewalk in front of it, about 15 of them altogether.
Mrs. Duzen: No, and are you aware of the incident that
preceded this?
Bakersfield, California, January 5, 1970 - Page ll
Mr. Bleecker: The incident that preceded it, yes, I am.
But didn't these people bust into the police station.
Mrs. Duzen: No.
Mr. Bleecker: What is your understanding of this thing.
Mrs. Duzen: Well, I'll go into it at another time.
Mr. Bleeck~r: I would like to ask you now.
Mayor Hart: I think under the circumstances, we will
have a total transcript of this part of the meeting here this
evening and I intend surely to point out those statements that
are in error. I don't.know that this part o£ the presentation
is relative to the one event that took place later in the evening.
Let's go on with the statements here.
Mr. Alvin Lacey Henry, Chairman of the Labor and Industrlg
Committee for the NAACP, made the following statement:
I think what is happening here tonight, gentlemen, what
is brought out, is something is wrong between our community and
the Police Department. That is a simple statement. The thing
we are trying to do is bring before you that we have problems.
And we feel that this is the place we are going to have to start.
If I can use the term third degree that you put this young lady
that was here through. We are not here to hash out things and
argue, all ~e are trying to do is present Some problems that we
have, and the only thing that we are coming before you is to say
that we are trying to accuse someone of doing something. Maybe
some of these things happened, maybe they didn't, in your opinion.
Everyone has his own opinion. If they did happen, fine, we got
to do something about it. If they didn't happen, we are going to
prevent it.
Councilmen,
just listen.
That's all. And I do honestly believe that City
that I think it's your duty to listen, that's all,
And if you want to question, if there is something
Bakersfield, California, January 5, 1970 - Page 12
that you are not sure about, maybe we can get together at a later
date and all sit down and talk this thing out, but I don't think
this is our business or the place to argue about it. All we're
saying is that we have problems between our community and the
Police Department. We want them resolved, that's all. And I think
this is the place we are trying to start to get help from the City
Council. Now is there are some questions you want to ask me, fine,
if not, I will go sit down.
Mr. Vetter: I appreciate your statement, I sincerely do.
I think it is most important to realize. I think that the thing I
most object to is that statements not being made on the basis, that
"perhaps they happened, we have heard they have happened." The
lady there didn't seem to indicate that she was at 'the police
station when these things happened. I'm sure she heard them
second, or third, or fourth or fifth hand. But she's making these
statements on the basis thai they are facts, and they are not facts
in my opinion. Now I appreciate what you say that it should be
gone into. And it was gone into, in the California Avenue Recrea-
tion incident, it was gone into by the Grand Jury, and the Council
had no reluctance to have it sent to the Grand Jury. In fact we
asked that the Grand Jury investigate. I appreciate this state-
ment, but it is wrong, to have the Police Department tried in
front of the television cameras here, when statements are made as
fact, when they are not fact, they are just differences or matters
of opinion, and that's all.
Mr. Alvin Lacey Henry: When you say that we are trying
to have the Police Department tried, this isn't the thing that we
are saying to you, and I will say it again, is that we ha.ve some
problems. The thing that I am saying is that if we didn't have
no problems, we wouldn't be here. Understand this, if we didn't
have problems, we wouldn't be here. So evidently something is
wrong, and all we wanted to do is try to get them squared away.
And all we are doing is asking for your help. That's all.
340
Bakersfield, California, January 5, 1970 - Page 13
Mr; Vetter: That's fine. I appreciate it being
approached on that basis, but I don't appreciate the fact that
the Police Department is accused of generalities and specifically
to come back to this one incident that has been gone into and
there was no indictment made. And there wasn't any indication
made that there was something wrong in that particular'incident.
Mr. Don Clarke, Campus Community Coordinator for the
Bakersfield College Black Student Union and he is not representing
the Black Student Union tonight, made the following statement:
I came with a fair statement, thinking that I would play
the game like you play it, but that's all it is, a game. Because
you are not saying anything. In 1964 Bobby Seales and Hughie
Newton developed out of'something just like you are doing here
tonight.. Exactly. And whether you know it or not, most of the
people that were in that teen-center incident, have been taken
care of already--a lot of the youngsters--have gone to Oakland
with hopes of joining the Black Panther Party. So you see you
haven't really resolved anything by saying that the Police Depart-
ment is free and ~lear. Now you know you haven't. And you know
that, like every other business that goes on in this community,
that's city. business, --- the extension of this Council, (take
the light out of my eyes, please), you are responsible. The.
policemen, the man on the street, isn't responsible. He's only
carrying out what y~u tell him he can carry out. His only blame,
the only blame that can be laid to him, is the fact that he enjoys
doing what you tell him to do. That's where the blame is, the
blame is right here, right here in this Council Chamber. You're
to blame. The administrators. That'S all I have to say.
Mayor Hart: Mr. Clarke, before you depart, I would like
to say something to you. Let's share some of the responsibility
for what you said.
Bakersfield~ California, January 5~ 1970 - Page 14
Mr. Don Clarke: Wait~ just a minute, don't tell me about
sharing responsibility because you know what, fo~ 400 years we
didn't share any responsibility,
Mayor Hart: I wanted
Mr. Don Clarke: Well,
so don't try to give it to me now.
to talk about here tonight ......
let's talk about here tonight.
Mayor Hart: I said to you, let's share some of these
responsibilities. Let's try to make things equate and come to a
mutual understanding. That's all I asked you to do, the same thin:g
that you people have asked of us. Ok. We are trying to open the
door, we are trying to make things materialize that hopefully, will
solve these things, that's all we intend, sir. Thank you Mr.
Clarke.
Mr. Ralph W. Anthony, President of the NAACP Branch in
Bakersfield, made the following statement:
Most of the things that were said tonight were true from
both sides. There was an appeal that was made that we do have
problems. At this point I think it best that we forget personal
opinions in terms of action. It does no good to bring before this
Council complaints and ask that action be taken by the Council
unless we of the community are ready to assist in remedying the
situation by offering solutions to the problems we are complaining
about.
Change must be brought about by the combined efforts of
the administration and the community. After much deliberation, we
have several more solutions we would like to present to the Council
for its consideration, in addition to recommendations made December
22, 1969, following the Westerner incident:
1. A citizens patrol at all teen dances and functions
be established.
2. An interested parents and/or adults squad to patrol
the area with the police as has been done so success-
fully in New Jersey.
3. A Police Athletic League as has been so effective
in gaining enforcement officer-community relation-
ship in New York for over forty years.
4. An emergency phone number to call in order to have
local citizens appear at the scene of disorders in
order to quell possible disorders that lead fo
further violence.
Bakersfield, California, January 5, 1970 - Page 15
5. A police-citizens' committee.
6. A committee set up to meet with officials and
work out the above solutions and come up with
other solutions that will be agreeable to both
the community and the enforcement officers.
I might add that the Chief of Police is willing to work
toward solutions of this great and growing problem. However,
while solutions are being considered we must have immediate
stoppage of brutal and inhumane acts by some police officers.
Dr. Stiern: Mr. Anthony, you didn't allude to it to-
night, although the last time you appeared before the Council
two weeks ago, I think that the strongest recommendation you had
to make at that time was an increasing number of black police
officers be recruited in the Bakersfield community.
Mr. Ralph W. Anthony: Before you go to that, let me
say you are wasting your time with that. Because you are going
to say that you are already making efforts in that direction, I
am aware of it, too.
Dr. Stiern:
Will you listen to me?
You haven't answered my question, Ralph.
I urge you to listen to me on behalf of
what might be good for the community. As I have listened to you.
The strongest pitch that you made last time was that more Negro
Kids be recruited into the Police Department. You haven't made
that recommendation tonight, but I assume that you still think
that this is agood idea. I think that you have just said that
the Police Department tries to recruit suitable kids into the
Police Department. Now what I want to know is, are you, Ralph
Anthony, head of the NAACP, is Charles Siplin, who also exerts
considerable influence as you do, among the young kids in our
community, are people like Art Shaw, are people like Mr. Saunders,
people like this, are they doing everything they can to funnel
these kids down to the Police Department to make application for
the job.
Mr. Ralph W. Anthony: Sure, they are.
Bakersfield, California, January 5, 1970 - Page 16
Dr. Stiern: It's possible that by inflammatory state-
ments like we have heard tonight, we could be driving suitable
kids away from the Police Department. Has that occurred to you?
I think that part of your responsibility is to use your influence
on worthy kids who qualify for the job to see that they are funneled
into police work. And I would urge you to do so.
Mr. Anthony: And we are doing so.
Dr. Stiern: I think it is a beck of a good idea. And I
think that it is an idea that the Police Department of the City of
Bakersfield would go along with. But you've got to help.
Mr. Anthony: Of course we've got to help. But it is
clearly the responsibility of the City Council and the Police
Department to recruit while we are just citizens in the community.
All of these efforts and things that we are bringing to your
attention, is taking considerable time, and we're not getting paid
to do this thing. So it is your responsibility, although we are
willing to work along with you.
But you know these kids, Ralph, I don't
Dr. Stiern:
know them.
Mr. Anthony:
I said we were willing to work along with
you, and we have been doing so, but again, the administration hasn"t
shown their willingness to want to solve the basic problems of the
community, aside from police problems. We got educational problems,
we got economic problems, we got a community that is sitting out
there that is becoming stagnated only because there is no money
being turned back into the community, and the multiplex of problems.
there that we do not have the resources to bring this community up
to the level that we wish. Only because of insensitive administralors.
And I'm not saying anyone specifically, although I can name a few.
Dr. Stiern: The problem that I have mentioned and that
you mentioned very strongly last time you appeared before the
Council, is a problem the resolution of which depends in a large
measure on you and people like you in the community, and I wish
you would do what. you could to bring the kids down.
344
Bakersfield, California, January 5, 1970 - Page 17
Mr. Anthony: I wish for action on these recommendations
tonight. I was disappointed to find on your agenda nothing Of
what we recommended last time, that was two weeks ago.
Dr. Stiern: I looked over the minutes and what you
recommended was that we have more Negro Police Officers and that
the Bakersfield Police Department
was about the extent of it.
Mr. Anthony: All right,
quit insulting women and that
let me add the rest of it.
More blacks on the Police Civil Service Commission and also to
set up some type of police community relations. You have shown
no evidence of good faith of trying to show that you as Council
members already have gotten together with the committee to work
towards these solutions. And this is the only reason why we
thought it was necessary to appear again tonight. To give you
all these solutions so that you will have something to work with.
Now if thai isn't an effort, and if that's not appreciated, what
do you want us to do.
Mr. Heisey: I just want to make a comment. There have
been so many statements made in regards to the fact, or at least
it is alleged, there is no rapport between the Police. Department
and the black community, and I find it very difficult to under-
stand the logic of some of the arguments, in view of the fact
that it has been nearly two years ago that this Council, by
resolution, set the policy as a directire for the Police Depart-
ment, definitely instructing them that there was to be equal law
enforcement for all the people of Bakersfield, in all of Bakers-
field, without regard to race, creed or color. Also, thai the
police were to use whatever force was necessary to carry out
these responsibilities that they were given. Certainly, there
are going to be occasions when the police are going to have to
use a great deal of force to get a man that's reluctant to be
arrested. In regards to the charges of profanity, etc. I've yet
to hear any of our police officers speak profanely, or in an
abusive manner, and I have listened to many tapes where they have
Bakersfield, California,. January 5, 1970 - Page 18
recorded what took place at arrests, and I've been very proud of
the way the otficers ha.re handled themselves. In tact, I thought
they showed a great deal of restraint. I think the black community
might look at what has happened in regards to relations with some
of our immigrants. At one time we had a great Irish influx into
the countryand they felt persecuted. We have had an Italian group,
Jewish people, the Chinese on the west coast here, and in every
instance, when these people got around to the point where rather
than protecting and concealing law breakers within their group,
they cooperated and turned them over to the law enforcement people,
the entire group grew in the esteem and admiration of the community
and they became a part of the community because they were assuming
a responsible position and seeing that their people, rather than
being protected from the law, were being held for justice with the
full force of the law.
Mr. Rucker:
the participants here
The first thing I would like to thank all
tonight for bringing this matter to the
attention of the City Council. We hope that eventually some of
the problems that existed in our community between the Police
Department and the black community are eliminated. I feel that
this City Council, in due time, will make some recommendations
back to this group, informing them that some action has been
taken and that some of their recommendations have been approved
of. I feel, however, pertaining to the recommendation that came
in from Ralph Anthony at our last meeting, pertaining to the
black policeman in a black community, certainly, I didn't think
this was a good suggestion because I thought the black policeman
should have been in all the community, and the white policeman
should have been in the entire community throughout the City of
Bakersfield. I think, however, they do need more black policemen
on the force, but certainly, I don't think they should be restricted
to any one area of our city. I think a police officer, as an
office~ should serve in both the black and the white community, if
Bakersfield, California, January 5, 1970- Page 19
he is a white officer, he should serve in the black: community and
supposed to impose the law in the black community as well. I
think that the officer also has a duty to the white citizen as
well as to the black citizens. As a citizen that is conce.rned,
I think his color should be overlooked and we look now to the
duties to 'the citizens of the City of Bakersfield and the res-
ponsibility of an officer of all the citizens of Bakersfield.
Again, I want to thank this group for coming and bringing this
matter ,bef.ore the City Council. Certainly,
Council wil} even.tually take some action to
conditions 'that exist in our community.
I hope that. the City
try to rec.tify these
Dr. Stiern: At the risk of sounding like Spiro Agnew',
I would like to say something about the news media. I have in
front of me a copy of the Observor and it says here on the mast-
head that Mr. Wade is the editor and Mrs. Duzen is the feature
writer in that newspaper. I think inasmuch as the local news
media has considered it fair game to criticize me, that if I
have something constructive to say about the local news media,
that I think I might say it. I would like to mention a couple
of instances in this edition that .I think could stand a little
comprehensive presentation. For one thing, there are two pictures
on the front page, in addition to one of Mr. Anthony. There is a
picture of Jimmy Stewart - "Before Surrendering",~ is the caption.
And the picture is obviously a picture that was taken in a photo-
grapher's studio, it has been retouched, his hair looks real nice,
the kid looks handsome, .with a white shirt on, and then there is
a picture in a saggy T Shirt, that looks like it was taken with a
Polaroid Camera and he has got a black eye, a mouse, and it says
"Jimmy Stewart after surrendering", and what the newspaper is
trying to get across to the readers is that 15 minutes before he
was arrested he looked like this nice picture here, and 15 minutes
later he looked like this bad picture here, and I don't think
that's good reporting. It is kind of like the use of photographs
in political campaigns, a United States Senator from New Jersey
Bakersfield, California, January 5, 1970 - Page 20
847
was defeated by an erroneous, falsified newspaper picture. There
is an article right adjacent to it which purports to say that
right out of the clear blue, Jimmy Stewart was standing there and
a police officer came up behind him and put the handcuffs on him.
Right out of the blue, £or no reason at all.
I guess I have got two things in common with Spiro Agnew,
I think that news media do have a responsibility to the readers to
present an accurate picture of what transpires and I agree with hira,
and I don't think this is too accurate a picture..
Mr. Wade: That is a small picture that was taken in
school, every school, which is a beautiful thing nowdays, they
didn't have it when I went to school, takes those pictures. And
the mother gave me that picture.
Dr. Stiern: Was it retouched?
Mr. Wade: I never touched it.
is~ in fact I think I have
took to the printer.
I put it in just like it
it on the thing in the paper that I
Dr.
Dr. Stiern:
Mr. Wade:
Dr. Stiern:
Stiern: Did you take this picture?
Wade: No~ I did not. It was taken in school.
Was it retouched after it was taken?
I have no knowledge of it.
If'is a beautiful example of the photographer's
art, a nice picture of Jimmy Stewart.
Mr. Wade: The second picture was taken in the hospital
when the father asked the police to let him take his son to the
hospital and his mother took a picture while they were ministering
to him after he left the police station. Now, I did not say that
the police did that to him, but he had been nowhere but to the
police station and he was escorted by the police to the hospital
where the mother took that picture.
Dr. Stiern: You did not say the police did that to him
but you said this picture was Jimmy before surrendering and this
picture was after surrendering.
Mr. Wade: Did he get that way .on the way to the hospital,
or did the police do that to him? That's all I want to know.
348
Bakersfield, California, January 5, 1970 ~ Page 21
Dr. Stiern: You said it in the paper.
Mr. Dan Wade: I said - I let my readers make up their
own minds. I don't try to instruct them.
Dr. 'Stiern: Well, you might present them with the facts.
Mr. Wade: I'm not going to tell them that Jimmy Stewart
was or was not beaten, I'm letting them look at the two pictures
and decide whether he was beaten or not. I would like to make
this statemenl while I am here. I could have come up here and
ranted and raved, but I stayed in the back and I tried to talk
very calmly, I won't help the kids of this community to rant and
rave. If you are trying to say that we are trying to get tele-
vision coverage in order to make us look good and make the police
look bad, we don't want the police to look bad, we don't want a
policeman fired. We want some means by which the children of this
city can go places and do things and get an education without
being beaten to death. And that's all we ask. And we are asking
you if it's true or untrue. You asked Mrs. Duzen why she didn't
go to the Grand Jury. The Grand Jury did not invite her there.
They didn't invite me there. They invited the people they wanted
there, the people who would tell them what they wanted to hear.
And that's what we are doing here. We are asking you to give us
a chance to work with you, or with the city officials, to at
least get something done that will stop things like the Watts
Riots~ we don't want that here~ we want a chance to work it out
between us, the police and the officials. That is all we ask~ I
don't want any more. Because I like children and I hate to see
children beaten. I've see~ about 15 children in the last three
months with scars and mace evidence. I have evidence to back up
those statements, Mr. Bleecker and' Mr. Vetter, if you want'em
you may see them.
Dr. Stiern:
newspaper.
Mr. Wade:
Mr. Rees:
I hope it is better evidence than this
It is factual evidence, sir, with tape.
Well, if I had my druthers, I would say the
Bakersfield, California, January 5, 1970 - Page 22
last note when everybody went home, but apparently that isn't
going to be. The fact of the matter is, that I would just hope
that something constructive would come out of this meeting. I
know many of the people who appeared here tonight, I am happy to
hear from all of them. I think if I had to pick out the one who
said the things that I liked the best, it would be Don Clarke.
And in spite of that, in between the abrasive things that have
been going back and forth, some of these suggestions, perhaps not
all of them, but perhaps a few of them, would be worthy of con-
sideration. The citizen's patrol, which Mr. Anthony suggested,
a parent's group, a Police Athletic League if the City is big
enough to support that sort of thing, an emergency phone number -
I think these coming from the people out there, many of whom had
something rather sharp to say, were constructive. Constructive
suggestions which deserve careful consideration by this Council,
and I hope that everybody won't go home mad tonight on either side
of this little mahogany barrier, because we have to live together
and we are going to live together. You've said some nice things
about the Police Department, slipped in between the other things,
you said some complimentary remarks about the Police Department,
the Chief and thepersonnel as a whole. I hope it will be
possible for the Council and the people who appear here both, to
remember some of the constructive things and find ways of working
out those which are abrasive and irritating, as I know some of
them are.
Mr. Heisey: I just wanted to ask if they had copies of
these suggestions typed up for us, something that we could look
over, I don't remember them all.
Mr. Rucker: There is something I want to say, I think
under suggestions which they have typed and passed out, I think
the Council might be able to follow them.
, 50
Bakersfield, California, January 5, 1970 - Page 23
McWillie Green: Mayor, Cou'ncilmen, Ladies ~nd Gentle-
mens. My name' is McWillie Green, I live at 1246 Madison Street.
I would like to refer to the statement that t'he Mayor made in
his opening speech. He made it clear that the paper stated that
this man was handcuffed behind his back and he wanted that
restricted. Seem like that was a big issue, they' beat him with
the handcuffs behind his"ba~k. It don't matter where the hand,
cuffs'was, They was on this man. And I'm sure that the man know
it, they was up his arm so high his wrists were sWellled up where
his blood couldn't eve~ circulate, he could hardly raise his arms.
Mayor Hart: I respect you for your attention to pro-
~ems that are created in this City, for your continual attendance
here in the Council Chambers and the contributions that you have
made. I ask,you please
Mr, Green: Wel'l~ I wan't---
Mayor Hart: Let me finishi. please.
Mr. Green: Well, you stopped me, you let me finish.
You allowed me to'speak didn't you?
Mayor Hart': I will permit you. to speak, although you
have not requested permission, I have permitted you to speak.
But I want to put something.straight in your mind. They have
a total transcript of your statements, of the mother's.statements,
of all the gentlemen involved. Now there was concern that Mrs.
Irvin arrived late to take this transcript down, but yougentlemen
know that we took part of the initial transcript made available
to us by' a local television station, so that the entire statements
are now in these people's hands including what you~said.
Mr. Green: Well, thank you, but the thing I was trying
to bring out. You emphasized on it, but I don't think we should
place so much emphasis on where the handcuffs were, as long as
they were on. And so this committee came down here - asking. I
would like for you to stricken that out from the record, that
they come here asking. We have been asking too long, asking back
351
Bakersfield, California, January 5, 1970 - Page 24
in my grandfather's time and way back, we came down here demanding
something be done to stop this 'police brutality. Not no asking,
the time's past for asking. If you are waiting for such incidents
to happen thai happened other places, then you just keep on like
you're going, and see what happens, there will be something happen
like what happened other places.
One of the Councilmen said that the Council will eventually
do something. Eventually do somethingl Well, you just eventually
do something. I was wondering why what are your objections to
playing the tape back to this group here that you have in your
hand, I'm pretty sure that you have a tape of the things that
happened in your h~nds; Probably this Council wouldn't have been
questioning this courageous woman that came here before this
Council, if they had this tape played in their presence. Probably
they wouldn't have been questioning her like they was. They was
trying to ridicule her.
Dr. Stiern: What tape?
Mayor Hart: The tape that we made the transcript from.
Mr. Green: You promised that you would play a tape
for these gentlemen to hear.
Mayor Hart: This is not an accuracy. It doesn't show
anywhere that I said I would play that tape. I gave these people
a transcript so that they could analyze it in detail. Please,
let's keep the record straight. I asked the Reverend, Mr. Anthony:.
Mr. Wade and Mr. Lacey Henry, they all looked at the transcript,
and they know what took place as well as you do. I did not promise
to play that tape for anybody, it is available for anybody to hear
it, if you want, sir, but I told them that a transcript would be
available to every member of this group so that they could peruse
and analyze it in detail. Now, let's get the record straight.
352
Bakersfield,~California, January 5, 1970 - Page 25
Mr. Green: Maybe I misunderstood you. Since you say I
misunderstood you, wil.1 you play that tape for these gentlemen to
hear in their presence.
Mayor Hart: If they so desire, sir.
Mr. Green: Well, I would appreciate it if you Council-
men would request to hear the tape that was made;in-the meeting
in the Mayor's Office and probably you would maybe get a different
sight on this issue that we are down here for and we are here
just because this young man got beat up in the police station,
which is a terrible thing, to beat up in the police station, I
just couldn't believe it. Now, I don't know whether you gentlemen
believe it, but' I don't believe it happened. The only thing about
it, his mother and his aunt
what happened there. And I
Now the only way to look at
if it had been your boy and
and uncle said we are.w:itnesses to
tell you, gentlemen, it's terrible.
these things, let's think about it,
you stood there and saw it,'what would
you
Mayor Hart:
Mr. Green:
Mr. Heisey:
have done? Would you have stood for it,
Mr. Green ---
Thank you very kindly.
I just wanted to state
Mr. Bleecker?
that I'believe this
is the same McWillie Green that was down here leading the opposi-
tion against a.big annexation.' He lives out in the county and
isn't even a part o£ our city and I also believe that if he has
any protests to. make, since he lives in a part of the'community
outside the city, he should go to the Board or. Supervisors, we
are not representing him.
Reverend DeWitt Graham of the Cain African Methodist'
Episcopal;Church, made the'following statement:
I had prepared a statement here and certainly I want to
read it. I hope that what we have been doing here tonight won't
be an effort in futility and all of these people who are interested
in improving the relationship between the Police Department and
the black community, will not go in vain. Seems as if we draw up
Bakersfield, California, January 5, 1970 - Page 26
at the word "police brutality." We don't like to hear this word.
Seems we want to make the police a sacred cow, so to speak, the
untouchables. It's bad to say anything about them. While yet we
can level. criticism at everybody else. There is police brutality
and we must come to this realization. A lot of things we try to
evade or hide from that are actually there. Of course~the words
"police brutality" have various meanings for different segments of
our community. For those who are free from oppression, and who
live in the laps of luxury, there's no police brutality. They hear
the hue and cry of police brutality but it means nothing to them
at all. Because they feel that this is just a cry coming up, but
yet there are others that there is police brutality, and who
realize that there is police brutality. But they feel that this
is a necessary act to keep the niggers in their place. And this
is the way it is, you know, so we will get tough on these niggers,
so they won't get tough like they were in Watts, as they are in
Chicago, in Detroit, and other places. And this is the way it is
and we might as well look at it like it is.
· Now we have said that we don't have Harvard men, or Yale
men on our force. But I hope we do have some who have some degree
of training. I say this because there should be some sensitivity
training by every officer. I just want to go further and say, tho~,
that those people who are oppressed, they know that police
brutality is real, that it is not a figment of the imagination.
They know that police brutality exists, and that any moment,
regardless of one's station in life, or whatever position he
occupies, if he says the wrong word and he's black, someone is -
pardon the expression - is going to knock the hell out of him.
This evening, if I go out there, and the police stopped me, they
say I'm a smart nigger, then they want to knock me down, you see.
That's police brutality. You can't understand it, Mr. Stiern,
because you're white. Mr. Bleecker, you can't understand it,
because you're white. But we are saying that as people who have
Bakersfield, California, January 5, 1970 - Page 27
been born black, we are subject to police brutality. Police'
brutality.does exist in Bakersfield and there's no need of hiding
my head in the sand and saying that it doesn't. It exists, and
what this youngster out here.this evening said, yes, people are
becoming bilter. They are becoming angry. It is hard to en-
docrinate them in Christianity. To preach every Sunday to my
people and to tell' them to turn the other cheek. But I know
that we aren't practicing what we are preaching in this country,
and in this state and city.
May I sum it up by saying this, and I hope that what we
are trying to say to you tonight will avoid future incidents.
This is more or less a summary, a resume, of what has been
happening. And we come down here as anxious citizens, as people,
saying, please stop this police brutality before it gets too late.
And I'm saying this and then I will quit. 'It is hard to look at
what is real, and wretched, what is ugly and unpleasant to look
at. We don't. want to look mt things like that. We want to see
things as being all nice. But that isn't the way it is. It is
here, we've got to take.a look at it, we've got to get our heads
out of the sand. Whether the City of Bakersfield chooses 'to
assume the responsib£1ity which is yours.
why don't Mou go to the Police Commission,
and there. The City Council cannot evade
You tell us maybe,
why don't you go here
its responsibility, that
which it has been elected.to do. To protect the human rights of
all the citizens of this community. Human rights of everybody,
everybody. Every man is of infinite value, and we must consider
each man regardless of what color.'he might be. We must realize
there is injustice being done, and if you don't believe it some-
time, just come out there in the streets and don't let the police
know that you are there. Somebody said, this had to be a joke.
I have never heard the police curse. Let me tell you, baby, I
curse, I curse, and I think I'm pretty decent. You curse, and
we all curse, we all curse when we're provoked. And just by
chance, you might say,
Sunday School Teacher.
enforcement officers.
this well you know, you're a preacher, a
I recognize and have respect for the law
I know their job is tough. I served in that
355
Bakersfield, California, January 5, 1970 - Page 28
capacity for some fifteen years, as a juvenile officer, so I have
seen both sides of the coin, in and out. And don't tell me that's
not police brutality. Not only by white policemen, but by black
policemen, by policemen - period. Who love the authority that
the gun gives you, the superiority it gives you. I'm not telling
you something I heard. I'm telling you something that I have
experienced myself. So rethink this. Don't set up a mental block
in your mind. Don't have a closed mind before we get here. Look
at this unbiasedly, if you can. And weigh it for what it's worth.
Thank you.
Mayor Hart
declared a brief recess at this time.
Correspondence.
The City Clerk read a communication from Mr. Charles J.
Conrad, Chairman, American Revolution Bicentennial Commission of
California, in which he stated that if the Mayor and the members
of the City Council have any plans or proposals for the celebration
of the American Revolution Bicentennial, he would appreciate
receiving them by mid-February.
Council Statements.
Mayor Hart commented that he wished to read a statement
into the record which he hoped would conclude something that has
grown in magnitude. This statement dealt with a very vicious
rumor that is spreading in this community, like some insidious
disease, relative to the alleged concealment by the Mayor's Office
and law enforcement officials, as well as the news media, of the
story about the little boy who had been assaulted and horribly
mutiliated by the Hippies in the~restroom at Valley Plaza. This
story has been thoroughly checked out by Chief of Police Jack
Towle and it has been found to be a warped fabrication. He asked
for the sake of truth, to stop this vicious story. It is a lie
and a disservice to everyone.
Councilman Bleecker made the'following'statement:
Earlier this evening, Mayor Hart mentioned the article
that ~appeared in the Bakersfield Californian concerning the Stewart
boy. According to a group of people, which the Californian quoted,
the boy had been beaten up in the police station with his hands
handcuffed behind his back. I became aware of the article referred
356
Bakersfield, California, January 5, 1970 - Page 29
to by Mayor Hart on Tuesday, after our last Council meeting on
Monday, December 22, 1969. After having read the article Tuesday
morning, and after having read a complete transcript of what was
said in ~he Mayor's Office by concerned citizens,' I realized that
the article was completely erroneous in its statement that the
young man arrested had been immediately beaten up in the police
statio~ while he was handcuffed behind his back.
On that same Tuesday~ December 23rd, I suggested to the
Editor of the Bakersfield Californian~ that the contents of the
article were erroneous and asked that it be corrected. Mr; Fritts
said that the Mayor had already called him about it and suggested
that I ask the Mayor to contact him again. This I did through the
City Manager and it is my understanding that Mayor Hart did talk
to the Editor of the Californian again asking that the article be
corrected as soon as possible.
I have watched the newspaper every day since~ and
have not seen one word in print rectifying the erroneous infor-
mation. It is the type of erroneous 'information, I believe, that
can really inflame this City. In fact it was made clear in remarks
made to the Mayor by the youth's own parents that the chain on
the handcuffs had been severed sometime before Mrs. Stewart and
her son appeared at the police station. It, therefore, would
have been impossible for Stewart to have been handcuffed behind
his back. .And this is'the part of that newspaper article which I
strongly object to~
It is beyond my understanding why the Californian has
not made a correction of retraction. They certainly cannot now
plead innocent to the truth of the actual occurre~ce. And I say
this ~because it is important now for the people of Bakersfield to
know the truth regardless of what was printed in the Californian
on December 22nd.
Now, why is it important?
misinformation has led citizens of
It is important because this
the community to believe that
police officers go around beating prisoners who are handcuffed and
this is untrue. It is important because a newspaper, the only daily
Bakersfield, California, January 5, 1970 - Page 30
newspaper, has shown itself to be callous to an important fact even
after the error was pointed out. And it is also important because
the newspaper rejected a legitimate request made in good faith by
the Mayor of this City and by one of its Councilmen.
From this Council seat I recently complimented the
Californian for its editorial policy and for its effort and its
duty to get at the truth on issues important to all citizens. If
this policy has changed~ I am sorely sorry and so are the people
who depend upon the newspaper for their understanding of local and
other issues.
A newspaper can be many things to a community. It can be.
helpful or harmful, laudatory or objectionable. The aforementioned
criticism would depend largely upon one's point of view or upon
one's political convictions. I really don't care what political
tack any of the media take editorially as long as occurrences,
particularly local ones, are reported fairly and.accurately so that
the citizenry can make up their own minds about the rightness or
wrongness of any particular situation.
Councilman Stiern stated he didn't realize how far Council
comments went until he received a letter from a lady in Modesto
who enclosed a copy of a clipping from the Modesto Bee entitled
"Santa Fe's Plea to Quit Stirs Protest." She alluded to the
suggestion of the Bakersfield City Council that if the Santa Fe
Railroad was going to terminate passenger service, it return some
of its land grants, in lieu of passenger service, back to the
people of the United States. When he received this, he understood
why the Attorney for the Santa Fe Railroad came running down to
the microphone at the next Council meeting and made a few state-
ments about Councilmen who had such irrational thoughts.
Councilman Bleecker stated there has been a lot of talk
here tonight about police brutality and how the cops are bad guys,
etc. He thinks it is timesomeone said something for the Police
Department.
When a peace officer earns his badge, he is charged with
a special responsibility. He is responsible to the people to en-
force the law. He is responsible to those same people to protect
their persons and their property and to apprehend those who would
Bakersfield, California, January 5, 1970 - Page 31
violate the standards of conduct set down by the people under laws
enacted by the people themselves. And he is responsible'to him-
self'as a man or woman, responsible in his own mind and responsible
to the Chief of Police for his personal conduct on duty, or off
duty, whatever the case may be. ~
.It would.serve little p~rpose here to say that police-
men never make mistakes, fhat they are themselves beyond the law,
or that the same,standard of conduct applicable to all the people
does not apply to them as well. rt is perhaps easier for any law
enforcement officer to deal with known criminals than it is to
deal with bad conductsand confrontations in the street. When a
whole group is out of control, the policeman is the law, his word
is the law and he must enforce ~the laW, because.this is what he is
there .for and this is 'what you'and I have hired ~him to do. Put
yourself in .his, place for a moment. Put yourself in the middle of
thirty or forty screaming men and women and old juveniles in a
real riot situation. They shout obscenities, they interfere with
your line of duty, they try to free the prisoner~ they refuse to
answer questions the officer is required to ask. Could you remain
utterly calm under the circumstances. I think not.
Since last summer, there have been several charges of
police brutality lodged against the Bakersfield Police Department
as a result of incidents involving juveniles and young adults who
were out of control and violating.the law. However, no specific
formal complaint has ever been lodged by any citizen against any
specific police officer. There has been a lot of talk and general
denunciations, but not one formal charge. This leads me to believe
that those individuals and groups who are making all the accusa-
tions are getting a free ride in the.press and appear to relish
the opportunity to'degrade the Police Department.
There are ways in a democracy such as ours whereby any
citizen can obtain relief through the courts for any and all
matters which may violate his rights. And I suggest that those
359
Bakersfield, California, January 5, 1970 - Page 32
so aggrieved take such action. I suggest also that pa'rents know
where their children are, particularly at night, that they try to
instillssome respect for authority in them and that parental
supervision is a far better cry than confrontatiohs in the street.
But if we must continue to have these disorders, it
should be realized that it is the intention of the Police'Depart-
ment and those of us who hold elective office to s~e to it that
prompt, quick and decisive action is taken in order to enforce the
law in this city. I am going to ask the people of this community
of all races and of all creeds to forget whatever' old;hatred they
might have in an effort to better understand each other and to
work toward a better understanding among themselves.
Councilman Heisey remarked that Councilman Bleecker's
statement is an excellent one and it is obvious that he has devoted
a lot of time and thought to the comments that he has made. He
wholeheartedly endorses the statements, they are timely and very
well done.
Councilman Stiern commented he thinks Councilman Bleecker
spoke for the majority of the Council.
Reports.
City Manager Bergen stated that he would like to inform
the City Council that according to the City's contract with Empire
Square, today, January 5, 1970, is the final date for approval of
the Phase I Report for the redevelopment of portions.of the Down-
town Business District. He has had no communication from Empire
Square regarding an extension of time and furthermore, there has
been no word from the Federal Government relative to the NDP
Application. As soon as any word is received concerning this
project, the Council will be notified and appropriate recommenda-
tions will be made at that time.
Councilman Vetter thanked Mr. Bergen for bringing this
matter to the Council's attention stating that it should be pointed
out that this in no way endangers the project, it merely means that
360
Bakersfield, California, January 5, 1970 - Page 33
there is not-hing that can be done by either the Council, the
Redevelopment Ageacy or Empire Square Associates, except wait
for determination by the federal officials in San Francisco as to
what the grant may be. He asked Mr.~Hoagland to verify that when-
ever an of£er of a contract is received from the'Federal Govern-
ment-, the City can go ahead and enact an agreement at that~ time.
Mr. Hoagl~nd replied he thinks it.can be done.
. . Councilman Stiern asked if no action is'taken tonight
either by the Councillor the devel'oper, is this project a reality~
or does it .die tonight., if this is so, he suggeste'd that action
be taken to extend t'he agreement.
Mr. Hoagland'stated it is deemed to have been disapproved
because of the lapse of time under the contract, but the project
can be revived.
. Councilman Vetter stated there is a feeling that con-
tinuousextensions do not accomplish anything, all parties are
required to wait for some expression from the Federal Government..
However, if it is necessary for the Council t~make some expression
that it does want the project to'go, it is.most important~that this
be done tonight.
Mr. Hoagland pointed out that the entire project was
predicated upon the.use of federal funds. There was no project
without these federal funds, and the present status is that there
is no overt indicatiou that federal funds are available at this
time.
Mr. Bergen remarked that everyone has done as much as
each person could in their respective areas to make this.project'
go, hopefully, the word will be received from the Federal Govern-
ment that funds have been allocated. At this stage, nothing has
been heard from the Federal Government.
Councilman Bleecker commented that it is clear that it
isn't necessary for the Council to take any action, it just waits
for the Federal Government to offer funds.
an offer
Mr. Bergen stated that we will have to wait until we get
from the Federal Government on the amount of and the
Bakersfield, California, January 5, 1970 ~ Page 34
conditions of the grant. When we receive an offer, it could be
given to our financial consultant and attorney consultant for
review and recommendation back to the Council and the Redevelopment
Agency. within a week or so.
Mr. Hoagland commented that the approval or rejection of
the Phase I Report, although it is tied in with the project, is
separate from the application to the Federal Government. The
approval~ of the Phase I Report was on the basis that the project
was feasible, so without the offer of the federal funds, the pro-
ject doesn't look feasible. The contract simply contemplated that
at a certain time, these federal funds would be offered and the
project would took financially feasible,
Councilman Bleecker asked if the City would be spending
any more funds until the federal grant is received. Mr. Hoagland
pointed out that there is still the staff standing by on a paid
basis of when. and if they do work, but other than that there would
be no expenditure of funds.
Councilman Vetter asked if it would help the project to
express the Council's confidence and interest in this project and
Mr. Bergen reminded the Council that letters 1had been sent to the
City's Federal Legislators by the Mayor urging them to do every-
thing possible to cause the Federal Government to look favorably
on the NDP Application.
Mr. Hoagland commented that the January 5th date has no
bearing on the project, what has a bearing on it is the action
taken by the Federal Government.
Councilman Vetter stated that he thinks it is important
that the records show that the Council has a very definite interest
and confidence in this project as it has been outlined and he hopes
that the federal grant will be forthcoming soon. ~ ,
Councilman Heisey pointed out that the request to extend
the date of January 5th w~s granted, and since Empire Square
AssociAtes are not here tonight to request a further extension, in
his opinion the burden lies on them to ask for a~further extension.
Bakersfield, California, January 5, 1970 - Page 35
Councilman Vetter replied that he thinks the Empire
Square Associates probably feel that an extension of time doesn't
serve any purpose. ·
Councilman Heisey stated that what is important to the
developers is whether the Council adopts and accepts Phase I
Report and he certainly is not ready to do that until he has had
a chance to discuss t~e Phase I Report and make a few modifications
of certain things in it which he doesn't think are quite rlght.
Allowance of Claims.
'Upon a motion by Councilman Bleecker, Vouchers Nos. 2275
to 2320 inclusive, in amount of $26,258.20, as audiOted by the
Voucher Approval Committee, were allowed, and authorization was
granted for payment of same.
Action on Bids.
Upon a motion by Councilman Bleecker, bid of Thorp's
Harley Davidson to furnish seven Harley Davidson Motorcycles and
trade-in allowance offered for used Equipment Nos. 2, 3, 5, 9, 15,
16 and 19, were accepted.
This was the 'time set to consider bids on six Motor
Guzzi Police Solo Motorcycles,~ replacements for Equipment Nos. 7,
8, 11, 12, 17 and 18. Councilman Rees moved to award the bid to
the only bidder, Melvin. C. Dinesen of Bakersfield. Councilman
Heisey stated that these are foreign made motorcycles, there was
a Buy-America Skate Act which required that public agencies Buy
America, it has been declared invalid by the Supreme Court of the
United States, however, it does reflect the will of the people of
the State of California, and in view of this fact, he would be
opposed to buying foreign made motorcycles when as good or better
equipment is manufactured in the United States. -He asked for a
roll call vote on the motion.
Councilman Stiern commented. that Councilman Heisey's
observations would be correct if there were other responsible
American bidders with similar equipment. There has been only
one qualified bidder for years and the Council has had to accept
Bakersfield, California, January 5, 1970 - Page 36
the fact that the price o££ered is a fair price which isn't com-
petitive. To say that because something is made in another.country
it is inferior merchandise is not quite true, and Councilman Stiern
asked Lieutenant Price o~ the Police Department to advise the
Council of the extensive tests which were made on the Moro Guzzi
Italian made motorcycles before recommending the purchase of this
equipment.
Lieutenant Price explained that he was not here to sell
the bike, he was here merely to point out that the Police Depart-
ment has recognized that for the last several years motorcycles
and equipment have become outrageous in cost, and yet are vitally
necessary £or patrol operations. The Police Department has made
an effort to find other sources and still maintain the high standard
necessary for police operations and traffic enforcement. They
found that Los~.Angeles and several other communities were making
tests on another Harley Davidson motorcycl~ and several foreign
motorcycles. He attended tests put on by the Los Angeles Police
Department in Riverside and found that the .Moro Guzzi was a very
quality made bike and it appeared it would do the job as well as
the bike they are presently using. Los Angeles has had eleven
Motor Guzzi's in service for over a year and have had excellent
maintenance records up to this point. Even after these bikes are
equipped, they will be able to save about $500.00 per unit. Be-
cause of this, the Police Department felt it would be well worth
it to experiment with the Moto Guzzi Motorcycles.
After some further discussion, roll call vote was taken
on Councilman Rees' motion, which carried as follows:
Ayes: Councilmen Bleecker, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: .Councilman Heisey
Absent: None :
Upon a motion by Councilman Whittemore, bid of J. N.
Shu~f to purchase one surplus motorcycle #12, and bid of Thorp's
Harley Davidson to purchase five surplus motorcycles.Nos. 7, 8, 11,
17 and 18, were accepted.
364
Bakersfield, ~California, January 5, 1970 - Page 37
Upon a motion~ by Councilman Rucker, low bid of Ifern
Sprinkler Company for Automatic Sprinkler System at California
Avenue Park was accepted, all other bids were rejected, and the
Mayor Was authorized to execute the Contract. Councilman Whitte-
more Voted in .the negative on this motion.
Ifpon a motion by Councilman Stiern,' low ,bid of A-C
Electric was accepted for the construction of Traffic Signals-and
Lighting System at the intersections of Real Road-California Avenue
and Stockdale Highway-California Avenue,' was accepted, all other
bids were' rejected and the Mayor was authorized to execute the ~
Contract. '
In' response to a question from Councilman: Rucker relative
to the construction of certain traffic signals in his Ward, Mr.
Dale Hawley, 'Deputy Director of Public Works, advised that the
signals at Baker Street have been designed by the County and
completed for some time. The County'has applied for federal funds
for that intersection. The .signals at Lakeview Avenue ~are being
desi, gned by the City Public Works Department and they ant'icipZte
they will be completed within the next couple of months. Con-
struction wil.1 probably. commence around April or 'May and funds
have been budgeted for this purpose.
" Request from Stockdale Development
Corporation for abandonment of pot-
' tions~of Block 657, Block 688 and
Block 658 referred to the Planning
'. : Commission for study and recommenda-
tion.
Upon a motion by Councilman Heisey, request from Stock-
dale Development Corporation for abandonment of the South Half of
38th Street adjacent to Lots 1 and 2, Block 657; abandonment of
the north 11.25 feet of 40th Street adjacent to Lot 4, Block 688;
abandonment of the north 11.25 feet and the south 11.25 feet of
40th Street between "Q" Street and San Dimas Street and the:
abandonment of the westerly 11.25 feet of San Dimas Street north
from the south line of Lot 1, Block 658 to the south right of way
line of 42rid Street, was referred to the Planning Commission for
study and recommendation.
Bakersfield, California, January 5, 1970
Page 38
Approval of Plans and Specifications
for construction of Practice Courts
at California Avenue Park.
Upon a motion by Councilman Rucker, plans and specifica-
tions: for the construction of Practice Courts at California Avenue
Park were approved and the Finance Director was authorized to
advertise for bids.
Extension of time granted ARB, Inc.
for completion of Contract No. 76-69
for construction of Water Pollution
Control Facility.
After discussion, upon a motion by Councilman Heisey,
extension of time until January 12, 1970 was granted ARB, Inc. for
construction of Water Pollution Control Facility.
Approval of Cooperative Agreement
between the City of Bakersfield and
the County of Kern for construction ..
of Brundage Lane between Union Avenue
and 1200 feet east of Lakeview Avenue.
Upon a motion by Councilman Rucker, Cooperative Agreement
between the City of Bakersfield and the County of Kern for con-
struction of Brundage Lane between Union Avenue and 1200 feet east
of Lakeview Avenue was approved~and the Mayor was authorized to
execute same. At the final design.meeting on this project, it was
agreed by the County, Road ~Commissioner and the City to abandon-the
existing 30 inch storm drain by an increase in size of the lines
for Freeway 466. An additional $55,000 will need to be budgeted
in the 1970-71 Budget to fund the improved storm drain.
Hearings.
This is the time set for public hearing on Resolution of
Intention No. 847 of the Council of the City of Bakersfield, de-
claring its intention to order the vacation of a portion of 38th
and 36th Streets between "Q" Street and San Dimas Street, in the
City of Bakersfield. This hearing has been duly posted and no
written protests have been filed in the City Clerk's Office.
Request for vacation was made by Stockdale Development Corporation.
The Vice-Mayor declared the hearing open for public
participation. A representative from Stockdale Development Corpora-
tion was present to answer the questions of the Council, and after
Bakersfield, California, January 5, 1970 - Page 39
discussion, the Vice-Mayor declared the public hearing closed for
Council deliberation and discussion. Upon a motion by Councilman
Bleecker, Resolution No. 1-70 ordering the ~acation of a portion
Of 38th and 36th Streets between "Q" Street and San Dimas Street,
in the City of Bakersfield., was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whirremote
Noes: None
Absent: None
This
is the time set
for public hearing on Resolution
of Intention No. 848 of the Council of the City of Bakersfield,
declaring its intention to order the vacation of a portion of "R"
Street between 24th Street and Golden State Highway, in the City
of Bakersfield. This hearing has been duly posted and no written
protests have. been filed in the City Clerk's Office. Request for
vacation was.made by the State of California.
Vice-Mayor Stiern declared the hearing open for public
participation. No protests or objections having. been received,
the public hearing was closed for Council discussion and delibera-
tion. Upon a motion by Councilman Bleecker, Resolution No. 2-70
ordering the vacation of a portion of,"R" Street between 24th
Street and Golden State Highway, in the City of Bakersfield, 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 on Resolution
of Intention No. 849 of the Council of the City of Bakersfield
declaring its intention to order the vacation of a portion of
James Street between "Q" Street and Freeway 178, in the City of
Bakersfield. This hearing has been duly posted and no written
protests have been filed in the City Clerk's Office. Request for
vacation was made by Leonard Prudhomme.
Vice-Mayor Stiern declared the hearing open for public
participation. No protests or objections having been received, the
Mayor declared the public hearing closed for Council discussion and
Bakersfield, California, January 5, 1970 - Page 40
deliberation. Upon a motion by Councilman Vetter, Resolution No.
3-70 ordering the vacation of a portion of James Street between
"Q" Street and Freeway 178, in the City of Bakersfield, was adopted
by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 2321
to 2356 inclusive, in amount of $4,262.81, as audited by the Voucher
Approval Committee were allowed and authorization was granted for
payment of same.
Councilman Heisey commented that if there is a rat problem
in the City of Bakersfield, he would offer the suggestion that any--
one being plagued with these varmits obtain poison from the County
Farm Bureau and complete instructions on its use.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Vetter, the meeting was
adjourned at 10:20 P.M.
~AY f~akersfield, Calif.
ATTEST:
f of the Council
of the City of Bakersfield, California
368
,Bakersfield, California, January 12, 1970
Present:
Absent:
Minutes of' the 'regul.a~r meeting of the COuncil of the'
City of Bakersfield, California, held.in the Council Chambe~rs
of the City Hall ~at eight o'clock. P.M., January 12, ~1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Don
Anderson of the First Assembly of God Church.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Councilman Bleecker..
Minutes of the regular meeting of January 5, 1970 were
approved as presented. ,
Scheduled Public Statements.
Mr. Charles Siplin of Friendship House, addressed the
Council, stating that he would like to emphasize the importance
of~ the Council working with the Board of Supervisors to'change
the name of Cottonwood Road to Martin Luther King Memorial,Highway,
also, it would be a tribute to Dr. King and his family if January
15th, his birthday, was observed as a day of remembrance of Dr.
King and his work.
During discussion, Councilman Stiern commented that at
the present time this street, which traverses City and County
areas, bears the name of Haley Street, Lakeview Avenue and Cotton-
wood Road. Councilman Heisey pointed out that some years ago, at
the request of a former Councilman and the people in the area, the
Council changed the name of a portion of this street inside the
City Limits to Lakeview Avenue.
Councilman Rees remarked that one of the things that has
occurred to him is that the City has a street named "King" close
by and wondered what type of problem this would create.
Mr. Hoagland commented that this request should be
referred to the Planning Commission for study and asked Mr. Siplin
if he had made a similar request to the Board of Supervisors to
refer it to the County Planning Commission for its consideration
as this action would need to be done jointly. Mr. Siplin replied
Bakersfield, California, January 12, 1970 - Page 2
that he had and quoted from a letter received from Mr. Jack Dalton,
County Planning Director, who stated that to finalize this name
change it would be necessary to obtain the cooperation of the City
Council.
After discussion, Councilman Stiern stated that if the
majority of the people in the area considered it appropriate to
honor Dr. King and were requesting that this street be named for
him, he would move that this request be referred to the Planning
Commission for study and recommendation. This motion carried
unanimously.
Correspondence.
Upon a motion by Councilman Stiern, request from Fred J.
Banducci for grant by the City of rights of ingress and egress to
and from Stockdale Highway to Lot 51 of Tract 1751, was referred
to the Planning Commission for study and recommendation.
Upon a motion
W. Karpe for permission
with modifications, for
by Councilman Vetter, request from Robert
to submit a new zone change application
the property lying south of Ming Avenue
between Akers Road and Stine Road was granted.
Councilman Vetter asked permission for Mr. John LaBouff
of 2004 Driftwood Avenue, who had previously opposed the applica-
tion of Mr. Robert Karpe for a zone change in this area, to
address the Council at this time.
Mr. LaBouff stated that following the Council hearing
denying the original zone change, he realized that sooner or later
this particular area was going to be developed and for the best
interests of everyone concerned, it was necessary to cooperate
with Mr. Karpe and the owners of the property. He met with Mr.
Karpe to discuss alternative land uses and the best possible
zoning for this area. He then met with representatives of Zody's
and Mr. Karpe, as well as with Mr. Sceales, Planning Director,
and went over the several plans which are to be shown to the
residents of the area tomorrow night, who were present at the
Council meeting and opposed the proposed rezoning. Speaking for
himself, he has no objections to a new zone change application
being submitted to the Planning Commission for a hearing, and
Bakersfield, California, January 12, 1970 - Page 3
asked that he be notified when the hearing is scheduled by the
Planning Commission. It was agreed that all persons who had
signed the petitions submitted to the Council be notified of the
Planning Commission hearing on the new zone change application.
Notice of the next meeting of the South San Joaquin
Division of the League of California Cities will be hosted by
the City of Clovis and held at the Ramada Inn in Fresno, on
Friday, January 16, 1970, was read.
Upon a motion by Councilman Stiern, communication from
Dr. Edward K. Zeigler urging the Council of the City of Bakersfield
to commend January 15th as a day of remembrance of the life and
work of Dr. King, and asking that the City of Bakersfield and the
County of Kern rename the highway currently known as Cottonwood
Road both in the City and the County~ from the railroad south, as
the Dr. Martin Luther King Memorial Highway, was received and
ordered placed on file and referred to the Planning Commission
for study and recommendation.
Council Statements.
Councilman Heisey stated he wanted to pay tribute to
Stephen C. Hensley, a young State Narcotics Agent, who was shot
while acting as an undercover agent and purchasing narcotics.
This young man was willing to gamble with his life and received
several critical wounds. Councilman Heisey wished him an early
recovery and commended him highly.
Councilman Heisey extended a public invitation to the
people of Bakersfield on behalf of the Bicentennial Committee of
Kern County and the Bakersfield Parlor of the Native Sons of the
Golden West to attend a dedication of the Henry Jastro Memorial
on February 5, 1970, at 2:30 P.M., in Jastro Park. The County
has contributed a monument to be used for mounting the plaques
which were retrieved from Sacramento and brought to Bakersfield.
He stated he hopes the Council, the Mayor and the Chairman of
the Board of Supervisors will take an active part in the unveiling
of the memorial.
Bakersfield, California, January 12, 1970 - Page 4
871
Councilman Heisey stated that the merchants and property
owners in the East Bakersfield community suffered a decline in the
area about the time the east-west freeway was constructed but since
that time there has been a rejuvenation of Baker Street. Merchants
have cleaned up their property, remodeled their buildings and have
done a tremendous job in rebuilding the business district. The
Southern Pacific Railroad property remains as the biggest eyesore
on Baker Street, it is not taken care of, and he displayed pictures
showing fhe present condition of the property. On the west side
of Baker Street along Sumner Street there is a piece of land 300
feet wide and 70 feet in length. On the north side of the rail-
road tracks there is a similar piece of land 350 feet in length
and only 14 feet wide. There has been a concensus of opinion
that this property should be developed as
Park System, sort of a mini-park to serve
be an asset to Int,ernational Village. He
a part of the City
the area, which would
had the staff draw up
a sketch of how it would look after it was developed which he
placed on display. They have written letters to the railroad
company asking for cooperation in this respect, but have met with
resistance. He is satisfied it is a good program and he would
like to see the railroad cooperate on a voluntary basis. The
railroad company has pointed out that there would be two chief
obstacles, one, that it would endanger children, and secondly,
that it would add the problem of policing vagrants. The railroad
has been asked to lease this property to the City, but up to this
time, has taken a strictly negative attitude.
He then moved that the Mayor officially write a letter
to the Southern Pacific Company asking for cooperation in negotiating
an agreement for the property to be used for park purposes. If
this
this
railroad
the City,
is not done, he can see no other alternative than to condemn
property.
During discussion~ Councilman Stiern stated that if the
company does not need this property and would lease it to
they would be making a real contribution to the community.
372
Bakersfield, California, January 12, 1970 - Page 5
Councilman Heisey pointed out that the Merchants Associa-
tion and the East Bakersfield Progressive Club, the two major
civic organizations in East Bakersfield, have enthusiastically
endorsed this program to acquire the property for park purposes.
All Councilmen agreed that it was an excellent idea and
stated they would support the motion to write a letter to the
railroad company asking for cooperation, but expressed hesitation
to go on record as being in favor of condemning this property.
Vote was taken on the motion which carried unanimously.
Councilman Rucker asked the staff to investigate the
poss.ibility of improving the lighting from East Truxtun Avenue to
California Avenue.
Councilman Rees referred back to the letter from Dr.
Edward Zeigler, stating that he has given the Council an excellent
suggestion to commend to the citizenry the day of January 15th as
a day of remembrance of the life and work of Dr. Martin Luther
King and urging that people re-dedicate themselves to the idea
of justice, righteousness and compassion for which he stood and
by which he lived. He stated that anything that can be done to
indicate community solidarity should be done, and moved the
passage of a Resolution as
Rucker seconded the motion,
call vote:
Ayes:
Noes:
Absent:
session
suggested by Dr. Zeigler. Councilman
which carried by the following roll
Rucker, Stiern, Vetter,
Councilmen Heisey, Rees,
Whittemore
None
Councilman Bleecker
Reports.
Mayor Hart commented that the Council has in its pos-
a report from Chief of Police J. M. Towle relative to a
Police Department investigation of an incident which occurred on
December 21, 1969, relative to the arrest of Jimmy L. Stewart.
Chief Towle stated that the investigation was conducted by Captain
Ware, Commanding Officer of the Detective Division of the Bakers-
field Police Department, and that he, as Chief of the Police
Department, concurs in all actions taken by all officers, and
this investigation is now closed. Upon a motion by Councilman
Vetter, the report was received and ordered placed on file.
Bakersfield, California, January 12, 1970 - Page 6
Allowancelof Claims.
Upon~a motion by Councilman Rees, Vouchers Nos. 2357 to
2428, inclusive, as audited by the Voucher Approval Committee,
were allowed, and authorization was granted for payment of same.
Councilman Stiern commented that there has been consider-
able attempts made recently to conduct hearings and investigations
and many allegations have been made before the City Council. The
Council has been handicapped in many instances because of its
ignorance of the background of the people appearing before the
Council and making these allegaiions. In the spirit of freedom
of speech, statements are permitted to be made which may or may
not be true, which are not sworn statements, statements indicting
city employees, and he thinks that in the future it should be
incumbent on the staff and the Council and the Mayor to request
and receive suitable information about the parties who are
addressing the Council, about the people who stand up in the
audience and castigate the Police Department and whose own back-
ground might be subject to inspection by the Council members.
If the Council is going to allow this type of public
statement to continue, he thinks great efforts should be made
toward qualification of the statements that are made before
they are allowed to be put into the record.
Mayor Hart stated that what Councilman Stiern has said
has a great deal of merit. Under the current rules by which the
Council operates, there is a laxity which makes it very difficult
to preside over a meeting where people have been permitted in some
instances at the last moment to participate in the meeting. He
would offer the thought that all requests be made in writing, so
that he would know in advance the subject about which they wish
to speak, and how important the subject matter is in connection
with what the Council will be discussing at the meeting.
Councilman Vetter stated he agrees with Dr. S'tiern but
he can't see how the Council could review the qualifications of
anyone who wishes to speak before the Council. He doesn't see
how the Council would have the prerogative. Although some of the
Bakersfield, California, January 12, 1970 - Page 7
allegations made at the last meeting were false, and were made by
people who hadn't firstshand knowledge of the facts, he would
hate to have the responsibility of qualifying people before they
addressed the Council. People who are citizens of Bakersfield
have the right to be heard, and as far as the Council or the
Mayor trying to determine who should or should not speak, does
not seem proper to him.
· Mayor Hart stated he would like to respond to Council-
man Vetter's statements, because he thinks he has taken exception
to what he has offered in the sense of trying to control a situa-
tion which has become very difficult, and as he sees it in the
future it will perhaps become even more difficult. He doesn't
want to be placed in a position where an incident will be created
in the Council Chamber which might get completely out of control.
Councilman Stiern stated no one has the right to prevent
a Bakersfield resident or taxpayer from addressing the Council.
But in the past the Council ~has operated under a system whereby
it was expected to politely listen and accept anything that was
said without qualifica,tion or substantiation. He is not going
to continue to operate in this manner. If an individual adresses
the Council and makes allegations against the Police Department
and he himself has a long record for breaking the law, then the
Council should have the right to talk about it. When the Council
knows that falsehoods are being stated, it is incumbent to say so
in a manner in which it has never done before.
Councilman Rucker commented that he feels the Council is
set up for the purpose of ~istening tocomplaints and statements
from citizens of Bakersfield whether they are good or bad citizens.
He stated he would like to keep the doors open and let the public
be heard.
Councilman Rees stated he feels the Council should tread
very cautiously in inhibiting the freedom of speech. The Mayor
makes a good presiding officer and has enough tact to be able to
keep the meet.ing orderly.
Councilman Whirremote commented that he agreed in part
with each of the Councilmen. He is not one to restrict people who
wish to speak, and it is necessary to rely on the Mayor to conduct
the meeting. He has found that the people who condemn the Police
Department have either been cited or arrested by the Police Depart-
ment for breaking the law. He doesn't know what would happen if
the Council would make public the police records of some of the
people who attend_Council meetings and castigate the Police Depart-
ment. Bakersfield has an outstanding Police Department and everyone
he knows appreciates the manner in which the law is enforced by
the Department.
Councilm~n Heisey commented that he thinks the Sergeant-
at-Arms should be instructed to usher anyone from the Council
Chambers who is improperly attired.
Action on Bids.
Upon a motion by Councilman Rees, low bid of S. Salomon
for the construction of Columbus Street and Auburn Street drainage
connections to Route 178 Freeway outfall was accepted, all other
bids were rejected, and the Mayor was authorized to execute the
Contract.
Upon a motion by Councilman Heisey, low bid of Three-Way
Chevrolet Company for i - 25,500 GVW Cab and Chassis was accepted.
Jensen International Inc. who had formerly been awarded
the bid for this equipment requested release from their obligation
and elected to forfeit the bid bond.
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 8.72.040 of the
Municipal Code relative to rates and
charges for use of Sewers by Non-
Residents of the City of Bakersfield.
At this time first reading was given an Ordinance of the
Council o£ the City of Bakersfield amending Section $.72.040 of the
Municipal Code relative to rates and charges for use of Sewers by
Non-Residents of the City of Bakersfield.
376
Bakersfield, California~ January 12, 1970 - Page 9
'First.reading of an Ordinance of the
Council of the City of Bakersfield
amending Section.7.26.070 (f) of the
Municipal Code of the City of Bakers-
field (Self-Service Gas Stations).
At this time first reading was given an Ordinance of the
Council of the City of Bakerslield amending Section 7.26.070 (£)
of the Municipal Code of the City of Bakersfield (Self-Service
Approval of request from Billy R.
Cowan to connect 12-unit apartment
complex at 305 Stephens Drive to
City Sewer Line.
Upon a motion by Councilman Vetter, request from Billy
R. Cowan to connect 12-unit apartment complex at 305 Stephens
Drive to City Sewer Line was approved, suburban sewer agreement
to be negotiated under the new rates.
Approval of Map of Tract No. 3372.
Upon a motion by Councilman Rucker, it is ordered that
the Map of Tract No. 3372 be, and the same is hereby approved.
That all the easements shown upon said map, therein offered for
dedication be, and the same are hereby accepted for the purpose
for which the same are offered for dedication. Pursuant to the
provisions of Section 11587 of the Business and Professions Code,
the Council of the City of Bakersfield hereby waives the require-
ment 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
surface entry
Kern County Land Company 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, high-
way 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.
Gas Stations).
Bakersfield, California, January 12, 1970 - Page l0
Approval of Plans and Specifications
for Storm Drains in University Avenue,
Stockton Street and Fremont Street.
Upon a motion by Councilman Heisey, plans and specifications
for storm drains in University Avenue, Stockton Street and Fremont
Street were approved and the Finance Director was authorized to
advertise for bids.
Acceptance of Grant Deed from Mauda
B. McKnight.
Upon a motion by Councilman Rucker, Grant Deed from Mauda
B. McKnight for right of
was accepted.
way on the north side of Brundage Lane,
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Vetter, the meeting was
adjourned at 9:25 P.M.
MAYO o ~e C~ield, Calif.
ATTEST:
CITY ~CLERI~ and E~-OfIiclo ~ierk of the Council
of the City of Bakersfield, California
Bakersfield, California, January 19, 1970
Present:
Absent:
Minutes of the regular meeting of January 12,
approved as presented.
Scheduled Public Statements.
Minutes of the regular meeting of the Council of the City
of Bakersfield, California,-held in the Council Chambers of the City
Hall at eight o'clock P.M., January 19, 1970.
The meeting was called to order by Mayor Hart foll0wed~by
the Pledge of Allegiance and Invocation by the Reverend Clifford
Dickau of the Belle View Baptist Church.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker,
Stiern, 'Vetter, Whittemore.
None :
1970 were
Mrs. Joyce Taylor, chairman of the Convention Bureau of
the Greater Bakersfield Chamber of Commerce, presented the year-end
report of the activities of the Convention Bureau, stating that 123
conventions were held during the year in Bakersfield, attended by
84,270 delegates, representing a total of $10,120,830. She stated
they appreciate the continuing interest and support of the City of
Bakersfield and thanked Mayor Hart for his ready cooperation through-
out the year. Councilman Rees commented that at the time he acted
as chairman of the Convention Bureau, they were bragging in the
Californian that they had accounted for $3;000;000 convention busi-
ness, and he would say that through the efforts of the staff at the
Convention Bureau, they are competing like professionals in a very
competitive business. He congratulated Mrs. Taylor and her staff
for the results which they have achieved.
Mr. Ernest Bob Katz addressed the Council relative to
Communism, Russians and law enforcement officers.
Mr. Fred Shaffer, chairman of the Disaster Committee of
the Kern Chapter American National Red Cross, submitted a letter
to the Council commending the Fire Department for the manner in which
Chief Paddock and his men protected and salvaged material in the best
fire fighting tradition, during a fire at the local office of the
Bakersfield, California, January 19, 1970 - Page 2
379
Red Cross on January 12, 1970. Councilman Vetter suggested that a
copy of this letter be sent to Chief Paddock and each fire station.
Correspondence.
The City Clerk read a communication from Paul F. Romberg,
President of the California State College, stating that the agree-
ment entered into July 18, 1967 between the City of Bakersfield
and the Trustees of the California State College contains certain
stipulations concerning the provision of bus service to the college
campus by the City. Inasmuch as this institution is now scheduled
to open for instruction as of September of the present year, he
felt it might be appropriate at this time to suggest that a meeting
be held in the near future between designated City and College
representatives to discuss the possible implementations of that
portion of the agreement. Councilman Rucker moved that this letter
be received and ordered placed on file and a copy sent to the Super-
intendent of the Transit System. This motion carried unanimously.
Councilman Vetter asked if bus facilities will be avail-
able for the college when needed. Mr. Bergen stated that some
adjustments may need to be made with the existing service to unin--
corporated'~areas, but the City will provide service comparable with
schedules and services furnished other areas of the City. A fairly
extensive report on operating the bus service requested by Council-
man Bleecker several months ago will soon be submitted, and hope-
fully, will answer many of the questions asked by members of the
Council.
Council Statements.
Councilman Heisey complimented the Police Department on its
narcotic raids carried out last week, which is a good example of
the type of law enforcement being achieved by Bakersfield's Chief
of Police Jack Towle and Captain Butch Milligan, head of the Vice-
Squad.
He asked the City Attorney for clarification of statements
made in an article in a local newspaper relative to the enforcement
of the City's topless-bottomless ordinance. He stated that policy
380
Bakersfield, California, January 19, 1970 - Page 3
is set by the Council and all of the ordinances are to be enforced
as long as they are on the books of the City, and he asked if the
City Attorney's office had some other interpretation. Mr. Don
Davis, assistant City Attorney, stated that for the purposes of
continuance, he had agreed that while a law suit brought against
the City's ordinance by Sam Ackerman, owner of the Plush Cat
Night Clubs, was in the process of being tried in the courts,
the City would not enforce the ordinance.
Now that the complaint against the City has been dismissed
by Mr. Fahres, attorney for Mr. Ackerman, and there is no law
suit pending against the City, there is nothing to prevent enforce-
ment of the ordinance. However, it is not being enforced at the
present time, as the Attorney's office is waiting for some appel-
late court decisions on the constitutionality of the Los Angeles
ordinance.
City Attorney Hoagland commented that an ordinance such
as Bakersfield adopted patterned after Los Angeles ordinances,
has been declared as violarive of the First Amendment at the
Superior Court level in Los Angeles. He stated it is not good
policy to enforce an ordinance when its constitutionality is
being questioned for reasons which he would rather not state
publicly, but he would be glad to explain to the Council in
executive session. Councilman Heisey stated he wanted'~to~;hear
the City Attorney's explanation, and Mayor Hart declared the
Council recessed for an executive session at 8:25 P.M.
The Council reconvened at 8:30 P.M. and proceeded with
its regular business. Councilman Heisey stated his questions
had been satisfactorily answered.
Councilman Heisey commented that he had received numer-
ous requests for a traffic signal at River Blvd. and Panorama
Drive. He asked for a study to be made with the idea of in-
cluding this item in next year's budget. Mr. Bergen stated
they would get a report on justification of a traffic signal
at this location.
Bakersfield, California, January 19, 1970 - Page 4
Councilman Stiern stated it had been called to his atten-
tion that hearings will be held before the Public Utilities Com-
mission in the Police Auditorium in Bakersfield relative to a
recent request to amend the water rates in the former Crest Water
area, and he moved that the City Attorney and the appropriate
staff, be instructed to appear on behalf of the City to oppose
the application. This motion carried unanimously.
Councilman Vetter pointed out that three serious accidents
had occurred on South Chester Avenue near Belle Terrace and asked
if the Traffic Authority could investigate and attempt to solve
this problem. Mr. Bergen stated this location has been given
some previous attention, but they will look at it again and come
back with a recommendation.
Councilman Bleecker asked Mr. Bergen to comment briefly
on the request from Mr. Paul F. Romberg for bus service to the
California State College.
Mr. Bergen stated that as he recalled it, at the time the
agreement was entered into with the College, the City indicated
that it would provide the same level of service furnished other
areas of the City. This was done because if the City ceases oper-
ation of the bus system, there would be no obligation to provide
service to the college.
Mr. Hoagland stated he remembered that portion of the
agreement very clearly because there was considerable discussion
of it, and the agreement is worded to provide service if a bus
system is available, because at that time there was some talk
of discontinuing the bus system altogether.
Mr. Bergen commented that if the City cannot obtain addi-
tional equipment, and it doesn't look as though it will at this
time, then it will be necessary to reduce the service in the
unincorporated areas to furnish service to the college.
Councilman Bleecker remarked that if the City furnishes
additional service within the City with the existing equipment,
he would hope that service to the areas outside the city limits
would be reduced, unless some help could be received from the
County of Kern, which he feels is a legitimate request.
352
Bakersfield, California, January 19, 1970 - Page 5
Councilman Vetter asked if the college has made an
application to annex its property to the City, and Mr. Bergen
replied that there hasn't been a formal request made, but he
feels one will be forthcoming eventually.
Reports.
Upon a motion by Councilman Whittemore, annual report
from the Civil Service Board for Miscellaneous Departments was
received and ordered placed on file.
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 2429
to 2575 inclusive, in amount of $133,550.19, as audited by the
Voucher Approval Committee were allowed, and authorization was
granted £or payment of same.
Adoption of Ordinance No. 1843 New
Series of the Council of the City of
Bakersfield amending Section 7.26.070
(f) of the Municipal Code of the City
of Bakersfield (Self-Service Gas
Stations.)
Upon a motion by Councilman Rees, Ordinance No. 1843 New
Series of the Council of the City of Bakersfield amending Section
7.26.070 (f) of the Municipal Code of the City of Bakersfield
(Self-Service Gas Stations), was adopted by the following vote:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter
Whittemore
None
None
Ayes:
Noes:
Absent:
Adoption of Ordinance No. 1842 New
Series of the Council of the City
of Bakersfield amending Section 8.72.040
of the Municipal Code relative to rates
and charges for use of sewers by Non-
residents of the City of Bakersfield.
Upon a motion by Councilman Rucker, Ordinance No. 1842
New Series of the Council of the City of Bakersfield amending
Section 8.72.040 of the Municipal Code relative to rates and
charges for use of sewers by Nonresidents of the City of
Bakersfield, California, January 19, 1970 - Page 6
Bakersfield, was adopted by the following Vote:
AYES: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter
Whittemore
Noes: None
Absent: None
Adoption of Resolution of Intention
No. 850 of the Council of the City
of Bakersfield, California, declar-
ing its intention to order the vaca-
tion of a sewer easement in Lot 114,
Tract 1645, in the City of Bakersfield.
Upon a motion by Councilman Whittemore, Resolution of
Intention No. 850 of the Council of the City of Bakersfield,
California, declaring its intention to order the vacation of a
sewer easement in Lot 114, Tract 1645, in the City of Bakersfield,
and setting February 9, 1970 for hearing on the matter before
the Council, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter
Whirremote.
Noes: None
Absent: None
Adoption of Resolution No. 5-70 of the
City Council.endorsing proposed Reso-
lution of Kern County Regional Planning
Advisory Commission.
Upon a motion by Councilman Whittemore, Resolution No.
5-70 of the City Council endorsing proposed Resolution of Kern
County Regional Planning Advisory Commission, was adopted by the
following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter
Whittemore.
Noes: None
Absent: None
Approval of Cooperative Drainage Agreement
between the City of Bakersfield and the
Stockdale Development Corporation.
Councilman Vetter moved that Cooperative Drainage Agree-
ment between the City of Bakersfield and the Stockdale Development
Corporation be approved and the Mayor authorized to execute same.
384
Bakersfield, California, January 19, 1970 - Page 7
During discussion, Councilman Whittemore asked for a
clarification of the terms of the agreement. Director of Public
Works Jing explained that the City of Bakersfield will prepare
the plans and award a contract and 62%, or $29,900, of the cost
will be borne by the Stockdale Development Corporation and 38%
or $18,000, will be paid by the City of Bakersfield. Under a
separate three-way agreement, the sump site itself is provided
by the West High School, the Stockdale Development Corporation
and the City.
Councilman Whirremote stated that this was not being
consistent, as in the past the small subdivider had been required
to dedicate the land and bear the cost of the development of the
sump. Mr. Jing pointed out that rather than having a whole series
of small sump sites, the City is going into the type of develop-
ment where one large sump site will service several hundred acres.
However, the same formula is followed as was used for a twenty
acre parcel.
Councilman Whirremote commented that he feels the City
is contributing too much toward this proposed drainfield and
asked what the 38% being paid by the City represents. Mr. Jing
stated it is construction cost of a storm drainage system, the
pipes, catchbasins, manholes, valves, etc. There is no require-
ment for an underground storm drainage system for the high school
property as this water will flow into the gutter without flooding
the sidewalk area, but the water contributed by Stockdale Devel-
opment Corporation and the City property must have underground
drainage facilities. The City property in question was originally
developed in the unincorporated area and annexed to the City and
no funds were provided for drainage.
Mr. Bergen pointed out that there are two separate agree-
ments, one for providing a drainage sump and this one, which
provides for a storm drainage system.
Mr. Hoagland agreed that Councilman Whittemore's ques-
tions are very pertinent, however, the decision relative to this
property was made in the prior agreement between the school
district, the City and Stockdale Development Corporation, and at
Bakersfield, California, January 19, 1970 - Page 8
the time the land was put together, the sump was included in that
agreement. All the Council is acting on at this time is the con-
struction of a storm drainage system to the proposed drainfield
and the excavation necessary for this sump.
After additional discussion, vote was taken on Council-
man Vetter's motion, which carried unanimously.
Approval of Plans and Specifica-
tions for Beale Park Outdoor
theater alterations and additions.
Upon a motion by Councilman Stiern, plans and specifica-
tions for Beale Park Outdoor Theater Alteration and Additions
approved and the Finance Director was authorized to adver-
for bids.
were
tise
Approval of Quitclaim Deed from City
of Bakersfield to Hugh Curran and
Burdell Dickinson.
Upon a motion by Councilman Rees, Quitclaim Deed from
the City of Bakersfield to Hugh Curran and Burdell Dickinson for
the release of the City's right to use the surface of a parcel
of land located north of the Panorama Drive-Boise Street inter-
section was approved, and the Mayor was authorized to execute same.
Hearings.
This was the time set for public hearing to include within
the Greater Bakersfield Separation of Grade District certain terri-
tory designated as "Panorama Heights No. 3--Parcel No. 2". This
hearing was duly published and no written protests have been filed
in the City Clerk's office.
Mayor Hart declared the meeting open for public partici-
pation. No protests or objections having been received, the pub-
lic portion of the hearing was closed for Council discussion and
deliberation. Upon a motion by Councilman Rees, Resolution No.
6-70 annexing Panorama Heights No. 3--Parcel No. 2" to the Greater
Bakersfield Separation of Grade District was adopted by the follow-
ing vote:
Ayes: Councilmen Bleecker, Heisey,
Whittemore
Noes: None
Absent: None
Rees, Rucker, Stiern, Vetter,
Bakersfield, California, January 19, 1970 - Page 9
Mayor Hart called the attention of the Council to the
fact that Mrs. Betty Stiner, who was operating the tape recorder
at this meeting, had completed 15 years in the City Clerk's office,
and commended her for her dedicated service to the City.
Adjournment.
There being no' further business to come before the
Council, upon a motion by Councilman Stiern, the meeting was
adjourned at 9:25 P.M.
akersfield. Calif.
ATTEST:
~'b~'~Jnd~Ex-O~ lc~lerk of the Council
of the City of Bakersfield, California
357
Bakersfield, California, January 26, 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., January 26, 1970.
The meeting was called to order by Mayor Hart followed by
the Pledge of Allegiance and Invocation by Mr. Charles Schermerhorn
of the Salvation Army.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker,
Stiern, Vetter, Whittemore
Absent: None
Councilman Bleecker commented that there are few religiously
oriented groups in this country who make a special effort to care for
the destitute and bring the word of God to the downtrodden. Instead
of attempting to become a political force, the Salvation Army preaches
to those whose social position is well-known and whose political
interests are overshadowed by stronger desires. He thanked Mr.
Schermerhorn for coming this evening and complimented him for the
work he and his organization are doing all over the nation. The
Salvation Army does not strive for prominence, and he hopes that the
community will support its local effort handsomely.
Minutes of the regular meeting of January 19, 1970 were
approved as presented.
Correspondence.
The City Clerk read a communication from Vance A. Webb,
Chairman of the Board of Supervisors, concerning the federally
sponsored TOPICS program (Traffic Operations Program to Increase
Capacity and Safety). Its purpose is that of improving traffic safety
and capacity at vital locations in urban areas. All proposed projects
must be coordinated with the State Department of Public Works which.
has indicated that a Coordinating Agent must be designated for each.
urban area that participates in TOPICS, and that the agent may be a
county, city or an appropriate organization within the respective areas.
388
Bakersfield, California, January 26, 1970 - Page 2
It was the concensus of the staffs that the County would
be the logical Coordinating Agent since similar traffic improvement
projects may well be developed in other urban areas of the County.
It was further agreed that the authority for representing the County
should be delegated to the County Road Commissioner, Mr. Vernon Smith.
Mr. Smith has agreed to perform the coordinating tasks. The Board
of Supervisors is favorable toward the TOPICS Program and is willing
to have the County designated as
that the Road Commissioner would
on these matters, if the Council so concurs.
will appreciate the Council considering such
tan Bakersfield and indicating whether it is
Coordinating Agent. It is planned
be authorized to act for the County
The Board of Supervisors
a program for metropelt-
in a position to join
with the County in developing a TOPICS plan and program for the urban
area.
Mr. Bergen commented that as pointed out in the letter,
TOPICS spelled out is Traffic Operations Program to Increase Capacity
and Safety. The TOPICS Program is a federal aid program which is
available to local government through the State for just whatthe
title spells out. That is, funds for increased street capacity,
(primarily geemetrics) and safety (Traffic Signals, etc.) In other
words, any improvements that relate directly to the increase of
traffic capacity and safety.
The State suggests that urban areas designate on coordi-
nating agent and the administrative staff believes that the County
Road Commissioner's office would be the proper agency for the
County of Kern. Therefore,
favorable upon joining with
TOPICS plan and program for
it is recommended that the Council look
the County of Kern in developing the
this area. Also, it is recommended
that the Council tentatively approve the recommendations of Vance
Webb, Chairman of the Board of Supervisors, with the idea that the
necessary agreements will be prepared and submitted to the Council
at a later date.
Bakersfield, California, January 26, 1970 - Page 3
Councilman Whittemore, who has worked directly with this
program, stated he appreciated the letter from Supervisor Webb
and in his opinion, this program will be of benefit to the City
and the County. Mr. Vernon Smith, the Road Commissioner, would be
the logical person to perform the coordinating tasks. He, therefore,
moved that tentative approval be given to the recommendations of
Supervisor Webb until the necessary agreements are submitted to the
Council.
Upon a motion by Councilman Stiern, communication from
Mr. and Mrs. Don A. Pruett, 3003 Alta Vista Drive, relative to
disposition of an animal by the County Health Department Animal
Control, was received and ordered placed on file.
Communications were received from Manning's Coffee Shop,
9 Chester Avenue, Vaughn's Barber Shop, 11 Chester Avenue, and Mr.
Arthur TOghint, owner of the Brundage Pharmacy, all calling the
Council's attention to the manner in which the four corners adjacent
to the intersection of Chester Avenue and Brundage Lane has been
marked for parking, no parking and restricted parking. The four
merchants nearest the northwest corner of Chester and Brundage are
having their incomes reduced considerably because of red painted
curbs. It was requested that immediate attention be given to this
matter and that a meeting be arranged with the merchants in the
area in order to arrive at a more equitable solution to the problent.
Mr. Jing, Director of Public Works, stated that this can be
reviewed with Lieutenant Price of the Traffic Authority and a meeting
set up with the merchants. After discussion, Councilman Vetter moved
that the communications be received and placed on file and the matter
be referred to the Director of Public Works and the Traffic Authority
to meet with the concerned merchants in the area and attempt to work
out a solution of this problem. This motion carried unanimously.
Bakersfield, California, January 26, 1970 - Page 4
Council Statements.
Councilman Stiern called the attention of the Council to
the fact that the Association of Kern County Cities has asked Assembly-
man Ketchum to introduce appropriate legislation at the state level
relative to the local sales tax issue. Assemblyman Ketchum has
introduced a bill, which has been coauthored by State Senator Walter
Stiern and Asemblyman Kent Stacey. Subsequently the Association of
Kern County Cities has adopted a resolution urging and endorsing tlhe
adoption of that Bill. He then read and moved adoption of Resolution
No. 7-70 of the Council of the City of Bakersfield supporting Assembly
Bill 151 authored by Asemblyman William Ketchum and coauthored by
Senator Walter Stiern and Assemblyman Kent Stacey. The motion was
seconded by Councilman Vetter and the resolution was adopted by the
following roll call vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter,
Whirremote
Noes: None
Absent: None
Councilman Whittemore pointed out that an election was
being held tomorrow to determine whether the residents of an area
in the southeast portion of Greater Bakersfield will[ be annexed to
the Union Avenue Sanitation District. He expressed his disapprova]L
of an agreement which a previous Council had entered into with the
Union Avenue Sanitation District to grant
ing to the City sewerage system at a very
of the unincorporated area. He stated it
the privilege of connect--
nominal cost to residents
is his understanding thai:
if the election is successful, the residents are entitled to con-
struct their lines and connect to the City sewerage system and have
it processed by the City of Bakersfield. If this is so, are these
people entitled to the same low rates that are being paid by the
other residents in the unincorporated area who are part of the Union
Avenue Sanitation District, or will the new rates recently adopted
be applicable. He asked why the City of Bakersfield does not have
the privilege of approving or disapproving the use of it facilities;,
Bakersfield, California, January 26, 1970 - Page 5
and if the City cannot do this, he is of the opinion that the
matter should be taken to court in an attempt to break the contract
which was entered into many years ago.
City Attorney Hoagland replied that under the contract
these residents have the right to annex and to connect pursuant to
the rates set out in the contract. He added that he would not wanf
to speculate on the chances, but perhaps the City should go into
court on a declaratory relief action, based on an improper delega-
tion of authority by virtue of the contract.
Councilman Whiftemore stated fhaf under the terms of the
contract the Council is imposing upon the present taxpayers of the
Cify of Bakersfield another subsidy to non-city residents and the
responsibility of expanding the sewage treatment plants which
should be reserved for the citizens of Bakersfield.
Mr. Bergen commented that it had occurred to him that the
courts might look favorably on prohibiting additional connections
rather than disconnecting present connections.
Councilman Whitfemore stated that a logical approach to
the problem would be to grant a reasonable period of time for these
people to either annex to the City or construct their own sewer
system.
Mayor Hart asked the City Attorney if if had been a
practice to perpetuate a mistake of the Council indefinitely with-
out taking any steps to rectify it~ Mr. Hoagland stated thaf
fortunafely there haven't been that many mistakes, but at times fufure
Councils can be bound for certain contracts. However, his staff
will start work on it and perhaps file an action in declaratory
relief.
Councilman Heisey remarked that he had filled in for the
Mayor Saturday to welcome a delegation from Hollywood who partici-
pated in the March of Dimes Telerama at the Civic Auditorium which
was very successful.
Councilman Heisey stated that several weeks ago he had
asked the Council to adopt a Resolution to be directed to the
392
Bakersfield, California, January 26, 1970 - Page
interstate Commerce Commission opposing the discontinuance of trains
Nos. 23 and
way Company
this matter
24 between Chicago and Los Angeles by the Santa Fe Rail-
and that a hearing will be held by the Connnission on
in the Federal Office Building, 800 Truxtun Avenue, on
March 3, 1970, at 9:30 a.m., to hear evidence. He asked that the
City Attorney attend this hearing to represent the Council.
Mr. Hoagland remarked that undoubtedly a large delegation
will be present from all the cities in the valley and the county
who are interested in maintaining the present passenger train service.
Councilman Heisey reported that Councilman Rees, the City
staff and he had attended a meeting with the district manager and
the chief engineer of the Southern Pacific Railroad to discuss
the proposal to utilize the railroad company's property in East
Bakersfield as a minipark. In accordance with several suggestions
made by these representatives of the railroad, the ,city staff is
revising the plans for the park. These plans will be reviewed with
the property owners on Baker Street and resubmitted to the railroad
representatives, who will then recommend the proposal to the San
Francisco office for approval.
Councilman Stiern commended Councilman Whirremote for his
stand on the problem with the Union Avenue Sanitation District and
cited certain other "bonehead" decisions by former Councils because
they did not watch the legal and administrative staffs more closely.
Councilman Bleecker commented that on October 6, 1969, as
a new member of the Council and because he was not familiar with
the Crest water problem, he had abstained from voting on a Resolu-
tion of the Council expressing opposition to an application made by
Councilman Rees for a rate hearing before the Public Utilities
Commission to review the rates in the Crest Water area.
A rate hearing was held before the Public Utilities
Commission last Thursday, and since that hearing, it would appear
that the California Water Service Company will make an attempt
Bakersfield, California, January 16, 1970 - Page 7
through the PUC, to increase its water rates for the entire City of
Bakersfield. He stated he wanted to make it a matter of public
record at this time, that he is not in favor of increasing the cost
of water, and although the Councilman from the Third Ward has been
requested to do something to equalize the Crest Water area rates, he
would not like to see it done at the expense of the taxpayers of the
entire city.
Councilman Rees stated he hadn't debated the Crest Water
problem on the Council floor before, and he doesn't see any point
in doing it now. The hearing was inconclusive, in that no decision
will be rendered until April, pending receipt of the California
Water Service Company's earnings statement for 1969. The City of
Bakersfield is the only water system owned by the Water Company
which has a disparity in rates. The Public Utilities Commission has
indicated that the Water Company may not have been making a return
of 7% on its investment, which it is entitled to make, and there-
fore the Water Company may make application for an increase in rates.
Councilman Stiern commented that he had sat through sessions
of the Council when residents of the Crest Water area presented their
complaints and stated they were not too concerned about what it would
cost to bring good water into the area, only that the quality of the
water be improved. Now there has been a change of opinion and it
seems it is necessary for the people in the other parts of the City to
underwrite the cost of pumping the water to the Crest Water area. He
pointed out thai everyone in Bakersfield was charged an additional
amount in order to pump the water up to College Heights so that the
people could have water, so the residents
this water once.
Councilman Rees stated that this
in the City have paid for
is his particular project
and is a responsibility which his constituents in the Third Ward
delegated to him. These residents have been reasonably patient,
they have been paying the increased rates for a period of four years,
and if some action isn't taken to equalize the rates, they may be
paying these high rates for 50 years.
394
Bakersfield, California, January 26, 1970 -~Page 8
to 2645
Approval
payment.
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos.
inclusive,
Committee,
2576
in amount of $61,539.27, as audited by the Voucher
were allowed and authorization was granted for
Action on Bids.
Upon a motion by Councilman Rucker, bid of Rose Chemical
Engineering for Annual Contract for Pool Chemicals and Chlorine
was accepted, this being the only bid received, and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Stiern, low bid of Parker Paints
for Street Marking Paint and low bid of Deifel's Inc. for Automort,re
Paint, were accepted, all other bids were rejected, and the Mayor was
authorized to execute the contracts.
Refund granted Carl W. Edholm for
Building Permit issued in error.
Upon a motion by Councilman Heisey, refund in amount
was granted Carl W. Edholm for Building Permit issued in error.
Request from Smithers-Oasis to connect
plant to City sewer System referred to
the Planning Commission.
Upon a motion by Councilman Bleecker,
Oasis to connect new plant located at southwest
and Pacheco Road to City sewer system was
Commission.
of $10.00
request from Smithers-
corner of Stine Road
referred to the Planning
Hearings.
This is the time set for public hearing on application by
Ward, Jr., to amend the zoning boundaries :from an R-1
Harry J.
(Single Family Dwelling) Zone to an R-3-D (Limited Multiple Family
Dwelling - Architectural Design) or more restrictive, Zone; to a
C-1-D (Limited Commercial - Architectural Design) or more restrictSLye,
Zone; to a C-O-D Professional Office - Architectural Design), or
more restrictive Zone; to an R-1-D (Single Family Dwelling - Archi-
tectural Design) or more restrictive, Zone; and to an R-S~D (Resi--
dential Suburban - Architecutral Design) or more restrictive zone,
Bakers£ield, Cali£ornia, January 26, 1970 - Page 9
of that certain property located on the west side of Stine Road,
south of Belle Terrace and north of Ming Avenue.
This hearing has been duly advertised and posted and no
written protests have been received in the City Clerk's Office.
The Planning Commission at a public hearing held January
7, 1970 considered this application. The Kern County Union High
School District has requested this zone change for the old High
School Farm prior to placing the property on the market for sale.
There was no opposition expressed to this proposed zone change.
After review and discussion, the Planning Commission recommended
approval of the proposed zone change as requested with the deletion
of the "D" (Architectural Design) Overlay from the proposed R-1-D
and R-S-D Zones.
The Mayor declared the hearing open for public partici-
pation. No one present offered any protests to the proposed rezoning.
Mr. Ken Brown, Public Relations Officer for the Kern County Union
High School District, explained that in order to obtain funds to
complete some of its construction projects, the District had made
a feasibility study with the idea of putting this property up for
sale, and the proposed rezoning was determined to be the best
possible protection to West High School and the adjacent property.
After some discussion and review of the plans, the public hearing
was closed for Council discussion and deliberation. Upon a motion
by Councilman Vetter, Ordinance No. 1844 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 o£ Stine Road, south of
Belle Terrace and north of Ming Avenue, was adopted by the following
vote:
Ayes:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whirremote
Noes: None
Absent: None
396
Bakersfield, California, January 26, 1970 - Page l0
This is the
by ABCO Equity Funds,
C-2 (Commercial) Zone
time set for public hearing on application
Inc., to amend the zoning boundaries from a
to a C-2-MH (Commercial - Mobile Home Park),
or more restrictive, Zone~ of that certain property located on
the west side of Hughes Lane, 208.71 feet south of White Lane.
This hearing has been duly advertised and posted and no
written protests have been filed in the City Clerk's Office.
At a public hearing held January 7, 1970, the Planning
Commission gave due consideration to this application. This zone
change has been requested in order to add 3.88 acres of C-2-MH
Zoning to the existing 24.67 acre mobile home site. The proposed
mobile home development is in an area designated as industrial on
the Metropolitan Bakersfield General Plan and is surrounded on all
sides by commercially zoned property.
After review and discussion, the Planning Commission
recommended approval of the requested zone change as submitted.
Mayor Hart declared the hearing open for public partici-
pation. No one present offering any protests, the hearing was
closed for Council discussion and deliberation. Upon a motion by
Councilman Whittemore, Ordinance No. 1845 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, 208.71
feet south of White Lane, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Adjournment.
There being no further business to come before
Council, upon a motion by Councilman Bleecker,
adjourned at 9:20 P.M.
the
the meeting was
ATTEST:
Ex-~6~flC~O' ~r~ of the Council
of the City of Bakersfield, California
Bakersfield, California, February 2, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., February 2, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by C. Thomas Powell of
the First Church of Christ Scientist.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker,
Absent:
None
Minutes of
Stiern, Vetter, Whittemore
the regular meeting of January 26, 1970 were
approved as presented.
Correspondence.
Upon a motion by Councilman Heisey,
communication from
Mr. Ken Croes, Vice-President and General Manager of KERO-TV,
commending the City Auditorium personnel and the Police Reserves
for assistance in connection with the Annual March of Dimes Tele-
rama at the Civic Auditorium on January 24 and 25, 1970, was
received and ordered placed on file.
It was moved by Councilman Rees that communication from
Mr. Hugh Curran, President of the Mobilhome Corporation, urging
improvement of the City's property along the upper part of the
sanitary land fill, be referred to the Planning Commission and
the administrative staff for study and recommendation back to the
Council. Councilman Stiern commented that some 10 to 14 years
ago this area was under study for improvement, and asked that the
motion be amended to include instructing the city staff to research.
the minutes and records for any agreements, proposals or promises
to construct a swimming pool and recreational area on the bluffs,
in order to be apprised of the background at the time this area
was being developed. This motion carried unanimously.
Upon a motion by Councilman Heisey, communication from
the State Department of Public Works relative to Federal TOPICS
Program was referred to the City's KERPAC representative, Council-
man Whirremote, and the City Staff, for study and recommendation.
Bakersfield, California, February 2, 1970 - Page 2
Council Statements.
Councilman Heisey reminded the Council and the Mayor
that the rededication of the Henry Jastro Plaque is scheduled to
be held in Jastro Park on Thursday, February 5, 1970, at 2:30 P.M.,
and he urged everyone to attend this momentous event.
Councilman Vetter asked Mr. Bergen if lhe report which
he had requested on the cost of landscaping median islands in
certain areas had been completed. Mr. Bergen replied that they
had the basic costs, but a report would be submitted showing the
standards at this particular time.
Councilman Bleecker asked the City Manager if the report
which he had requested on the City Bus System would be forthcoming
shortly. Mr. Bergen stated they had planned to submit the report
at a committee meeting this week so that it would be furnished to
the Council, hopefully, by next Monday. It is considerably more
comprehensive than had been originally anticipated and deals with
the entire problem.
Reports.
Upon a motion by Councilman Vetter, a report from Lt.
Price of the Traffic Division, relative to the removal of parking
in the l0 Block of Chester Avenue, was received and ordered placed
on file.
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 2646
to 2718 inclusive, in amount of $68,790.83, as audited by the
Voucher Approval Committee, were allowed~ and authorization was
granted for payment of same. Councilman Whittemore abstained
from voting on this motion.
Action on Bids.
Upon a motion by Councilman Rucker, bid of D. M. Kitchen
for Practice Courts at California Avenue Park was accepted, all
other bids were rejected, and the Mayor was authorized to execute
the contract.
Bakersfield, California, February 2, 1970 - Page 3
Upon a motion by Councilman Rees, Annual Contracts for
Gasoline and Diesel Fuel requirements for 1970-71 were awarded as
follows:
Gasoline to Standard Oil Company
Regular Diesel to Atlantic-Richfield Company
Premium Diesel to Mobil Oil Company
All other bids were rejected, and the Mayor was authorized
to execute the contracts.
Adoption of Resolution No. 8-70 of
the Council of the City of Bakers-
field consenting to the commencement
of annexation proceedings for the
annexation to the City of Bakers-
field of certain inhabited and
unincorporated territory in the
County of Kern, State of California,
contiguous to the City of Bakers-
field, designated as "Terrace Way
No. 1."
Upon a motion by Councilman Vetter, Resolution No. 8-70
of the Council of the City of Bakersfield consenting to the
commencement of annexation proceedings for the annexation to the
City of Bakersfield of certain inhabited and unincorporated terri-
tory in the County of Kern, State of California, contiguous to the
City of Bakersfield, designated as "Terrace Way No. 1", was
adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Adoption of Resolution No. 9-70 of
the Council of the City of Bakers-
field, California, providing for
contributions of part of the cost
of expenses of certain work completed
in Public Improvement District No.
839.
Upon a motion by Councilman Rucker, Resolution No. 9-70
of the Council of the City of Bakersfield, California, providing
for contributions of part of the cost of expenses of certain work
completed in Public Improvement District No. 839, was adopted by
the following vote:
Ayes:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
400
Bakersfield, California, February 2, 1970 - Page 4
Acceptance of resignation of Mr.
Michael Bealessio as Member of the
Civil Service Board for Miscellaneous
Departments and as a Member of the
Mosquito Abatement District Board of
Trustees.
Upon a motion by Councilman Rees, the resignation of Mr.
Michael Bealessio as a Member of the Civil Service Board for
Miscellaneous
ment District
the Mayor was
Bealessio in appreciation
field.
Departments and as a Member of the Mosquite Abate-
Board of Trustees was accepted with regret~ and
requested to send a letter of commendation to Mr.
of his service to the City of Bakers-
Claim for damages from the Pacific
Telephone and Telegraph Company
referred to the City Attorney.
Upon a motion by Councilman Rucker~ claim for damages
from the Pacific Telephone and Telegraph Company was referred to
the City Attorney.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for
Contract No. 129-69 for resurfacing
portions of Chester Avenue, Union
Avenue and Mr. Vernon Avenue.
Upon a motion by Councilman Bleecker, the Work was
accepted and the Mayor was authorized to execute the Notice of
Completion for Contract No. 129-69 for resurfacing portions of
Chester Avenue~ Union Avenue and Mr. Vernon Avenue.
Approval of Supplement to Cooperative
Drainage Agreement No. 42-67 between
the City of Bakersfield~ California,
County of Kern and State of California.
City Manager Bergen reported on proposed Supplement to
Cooperative Drainage Agreement No. 42-67 between the City of
Bakersfield~ County of Kern and the State of California, as follows:
For a number of years the plan has been to provide for
drainage in the southeast area by incorporating local drainage
with construction of the proposed 466 Freeway.
In June of 1967~ a three-way agreement between the City
of Bakersfield, County of Kern and the State of California was
approved by all agencies. This agreement provided for drainage
for each agency's responsibility.
Bakersfield, California, February 2, 1970 - Page 5
This modification of the agreement increases the con-
tribution of the City because of increased benefited area within
the City. The revised cost for the City's share is $108,000, an
increase of $41,000, as $67,000 was originally budgeted for this
project. Present plans call for this project to be budgeted in
the 1973-74 Budget Year. This is in addition to the cost of
Agreement No. 1-70 scheduled for the 1970-71 Budget.
Councilman Rucker stated that this drainage improvement
is very much needed in this area, and the residents of his Ward
will appreciate having the flooding alleviated. He then moved
that the Supplement Agreement be approved and the Mayor authorized
to execute same.
Councilman Whittemore remarked that this is a large
amount of money for the City to be committed to spending in two or
three years and asked if there was an alternative to it. Public
Works Director Jing stated that the City has already agreed to
spend $67,000 for this storm drainage system and 400 additional
acres are being added for the $41,000, which cost is less than
$100 an acre. Subdividers in residential subdivisions are con-
tributing somewhere between $350 to $500 an acre for drainage.
Including this 400 additional acres in the agreement at less than
$100 an acre is recommended as a worthwhile project. There is a
10% contingency increase in the cost. The last three or four
contracts have reflected that
City is receiving prices that
ago.
in storm drain and sewer work the
are comparable to those of ten years
Councilman Bleecker asked why the City has to enter into
the agreement now to increase this project by $41,000, if it is not
to be budgeted for two or three years.
Mr. Bergen stated that there is a planned construction
project on Brundage Lane with drainage facilities that will need
to be built at this time which will connect to the proposed freeway
construction in 1973-74.
Bakersfield, California, February 2, 1970 - Page 6
Councilman Bleecker asked if the City commits itself to
spend $108,000 now, how does the Council know that it won't be
increased to $150,000 by 1973 to 1974.
Mr. Bergen replied that the City would be committed to
the percentage of the project based on the actual cost. If costs
go up 5% a year, in four years it would amount to a 20% increase,
if costs go up 10% a year, the Council would be talking about a
40% factor. The only thing is that whatever the cost factor
increase amounts to, hopefully, City revenues will keep up with
it. The cost for taking care of the drainage in this area could
never be done as economically as doing it with the Division of
Highways.
Councilman Bleecker asked if this agreement would take
priority over areas where the drainage is poor. Mr. Bergen stated
this is probably one of the poorest areas in the City for drainage..
The City is faced with the problem that if anything is ever going
to be done to alleviate the drainage problem in this area, this
is the most economical way that all the agencies have come up with,
because it utilizes joing construction expenditures of the various
agencies.
Councilman Bleecker remarked that if the City has too
many of these commitments, it might have to raise the taxes in
future years, and he is not willing to commit the City to an
extra expenditure of $40,000 when it might cost another $60,000.
Councilman Vetter pointed out that there will not be
any more economical way to do it than what is being proposed by
the staff, and he sees no reason to delay approval of the agree-
ment, this area needs the drainage more than any other area in
the City.
Councilman Heisey stated he feels it would be a great
disservice to the community if the Council did not approve this
project, it is good planning to budget it several years in
advance, as Councilman Rucker's Ward needs this drainage project,
and it is the most economical way to do it.
Bakersfield, California, February 2, 1970 - Page ?
Councilman Whittemore commented that he doesn't
anyone is opposing the fact
of the City, but he doesn't
for this project. In three
think
that drainage is needed in this part
think the City should commif itself
or four years either some capital
improvement
have to be raised to pay for this drainage system.
After some additional discussion, roll call
taken
Ayes:
Noes:
Absent:
project will have to be deleted or the tax rate will
on the motion, which carried as follows:
Councilmen Heise, Rees, Rucker~ Stiern,
Councilmen Bleecker, Whittemore
Council,
adjourned at 8:45 P.
vote was
Vetter,
None
Adjournment.
There being no £urther business to come before this
upon a motion by Councilman Vetter, the meeting was
MA- ~"~0f ~~f~y of Bakersfield,
Calif.
ATTEST:
~ a x ~c~o-~ferk of the Council
o£ the City of Bakersfield~ California
Bakersfield, California, February 9, 1970
Minutes of the regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of the
City Hall at eight o'clock P.M., February 9, 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 Ross McGuire of
the College Heights United Church of Christ.
The City Clerk called the roll as follows:
Present: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whirremote
Absent: .Mayor Hart
The minutes of the regular meeting of February 2, 1970,
were approved as presented.
Correspondence.
Upon a motion by Councilman Rees, communication from the
Greater Bakersfield Chamber of Commerce, signed by Herman W. Riese,
Meet Coordinator, relative, to sponsorship by the City of Bakers-
field of the 1970 Men's National AAU Outdoor Track and Field
Championships to be held in Bakersfield, was referred to the Civic
Auditorium Manager and the Chairman of the Auditorium-Recreation
Committee for a recommendation and report back to the Council at
the next meeting.
Council'Statements.
Councilman Rees commented that one of his constituents
had contacted him regarding the parking of campers and trailers in
her residential neighborhood. In discussing this with members of
the staff, it was brought out that boats, campers and trailers were
being parked in residential areas when they are not in use. Also,
that many people are objecting to this type of vehicle being parked
in the residential areas. He pointed out that Section 17.56.100
of the Zoning Ordinance states that "Neither a required side yard
abutting a street, nor a front yard, shall be used for off-street
parking", and it would appear to him that this Code Section is
ambiguous and probably unenforceable. However, if a citizen
insisted on lhe enforcement of this Ordinance, no one could park
his car in his front yard or driveway.
2
Bakersfield, California, February 9, 1970 - Page 2
During discussion, Councilman Stiern pointed out that
he had brought up the subject of camper and trailer parking at
curbs and front yards in residential neighborhoods, and the hazard
in parking these vehicles near arterial stop signs at intersections
and blocking the vision of motorists. There has been considerable
objections from people residing in his Ward who resent these
vehicles being parked in front of their homes. The matter was
referred to the Planning Commission for review on July 7, 1969,
but a report to the Council has never been received. Mr. Sceales,
Planning Director, stated that a study was being conducted by the
Traffic Authority and Mr. Davis from the Attorney's Office, on
campers being parked at intersections.
Mr. Davis, Assistant City Attorney, stated that he and
Lieutenant Price of the Traffic Authority, have been working on
the parking of campers at stop signs, trying to come up with some
figures on the footage between the stop sign and the campers and
where campers should be prohibited from parking. The Planning
Commission and Lieutenant Price are of the opinion that the best
way to correct this would be through State Legislation, and they
are working on statistics and facts, so that something can be
submitted to the Legislature for an amendment to the State Vehicle
Code. He pointed out that unless there was a State Vehicle Code
Section to cover, it would pose a problem in posting at each
intersection.
City Attorney Hoagland commented that he did not believe
the Planning Commission was making any studies relative to curb
parking in residential areas. Councilman Stiern reiterated that
this Council had taken action to refer the matter to the Planning
Commission for study, and Mr. Hoagland stated that in his opinion~
it should be re-referred to the Commission. Councilman Bleecker
commented that he favored obtaining a report from the Planning
Commission, however, due to the many people in Bakersfield who
owned boats, trailers and campers and enjoyed using them on week
ends, he would be very reluctant to support an Ordinance which
would deny property owners the right to park campers and boats in
Bakersfield, California, February 9, 1970 - Page 3
front of their own house or in the driveway.
Mr. Hoagland stated that if the Ordinance was strictly
interpreted, no one could park in the front yard setback of his
property, and that would include driveways or lawns, and would
cover all vehicles, not just campers or trailers. However, this
Section of the Code is unenforceable and perhaps should be clari-
fied to make a determination of what can or cannot be parked in
these areas and at what hours.
After additional discussion, Councilman Rees moved that
the Planning Commission, with the assistance of the staff, study
the Zoning Ordinance referring to parking, particularly Section
17.56.100, with emphasis on the parking of campers and trailers
on driveways and front yards. Councilman Bleecker suggested that,
if possible, the Planning Commission be requested to make this
report within 60 days. Vote was then taken on the motion, which
carried unanimously.
Councilman Whittemore commented that for the past two
weeks he has been talking to some of the banks, some of the farmers~
and other people relative to the lending policies of the banks in
the City of Bakersfield. He has found that many of the banks in
which the City of Bakersfield deposits large sums of money are
reluctant to make local loans during this period of tight money.
He has talked to Mr. Haynes, the Finance Director, to determine
if he could ascertain which of these banks is willing to assist
the local economy and which of them ship their deposits out of the
City for lending in other areas. He has brought this up this
evening to suggest that the Council, and perhaps the Board of
Supervisors also, help the local economy by being selective in
depositing the City and County funds in banks where they could be
loaned out to local businessmen and improve the local situation.
He make a motion that Finance Director Haynes and his staff be
directed to conduct a study to determine the loan policies of the
banks where City funds are deposited and report on the advisability
of accepting bids from local banks for the use of City funds.
4
Bakersfield, California, February 9, 1970 - Page 4
Mr. Bergen stated he did not want to make the report
prematurely, because he thinks it would be excellent £or Mr.
Haynes to submit a report, but he did want to advise the Council
that large sums of money are not just left in bank deposits, the
financial staff invests in government notes, treasury bonds, etc.,
to obtain the best possible interest for the City, and this is
done on a daily basis. Most of the money is not left in the bank
to draw only bank interest, but is invested to obtain the highest
rates obtainable, such as 7½ or 8%. In other words, the money is
kept working all the time.
Councilman Whirremote commented that he is aware of the
City's investment program, but unless the banks are required to
bid on these funds, the Council doesn't know whether the City is
getting top return on its deposits, and whether funds are being
used locally; this is what he wants to know. If certain banks
are not interested in doing business locally, then the City's
policies should be changed.
Councilman Vetter asked that this report include the
present policy of the City relative to selecting the lending
institution or bank for depositing City funds. Mr. Bergen stated
that it would be no problem to include this information in the
report.
Vote was then taken on the motion which carried unanimously.
Councilman Heisey asked that the Traffic Authority
investigate the parking problem at the College Heights Elementary
School. The principal of the school has some ideas on the problem,
and if the Traffic Authority discusses this matter with him, perha~,s
a recommendation can be made which will facilitate the flow of
traffic at this school.
Mr. Bergen said this would be done and pointed out that
there will be a considerable traffic change in this vicinity when
the freeway is opened within the next 30 to 60 days. Councilman
Heisey asked if the pedestrian overpass to Height Street can be
extended by the State. Mr. Bergen stated he will discuss it with
the State representatives and if there is a possibility of doing
this, he will come back to the Council to take whatever action is
necessary.
Bakersfield, California, ~'ebruary 9~ 1970 - Page 5
Both Councilman Bleecker and Councilman Rees asked to
be notified when the Planning Commission meeting will be held to
review the Ordinance on the off-street parking of vehicles other
than automobiles~ so that they can attend. Mr. Bergen stated that
all Councilmen will be notified of this meeting.
Reports.
Councilman Heisey, Chairman of the Water and City Growth
Committee, made the following report to the Council on Supplementa]L
Water Supplies for the Urban Bakersfield Area:
For the past several years, the Kern County Water Agency
has been working on possible solutions for supplying supplemental
water to the Greater Bakersfield Area. The proposals they have
come up with have involved a cross-valley aqueduct or an exchange
of water with Kern River water interests.
None of the proposals submitted to date by the Kern County
Water Agency has met the criteria as laid down by the City of
Bakersfield. None of the plans submitted would provide sufficient
firm surface water to meet the needs of the Urban Bakersfield Area.
The most recent proposal in September of 1969, placed as a require-
ment of exchange for the urban interests to pay $2.7 million of
tribute to west side water interests for the privilege of making
the exchange, which demand was totally unacceptable to the urban
interests as set forth in the report to the Council dated October
29, 1969.
After having rejected this latest proposal, the City of
Bakersfield has held a series of meetings with the water purveyors
of the Urban Bakersfield Area. It requested the Consultant Engineer,
Mr. Thomas M. Stetson, to come up with workable and acceptable
alternatives to the proposals that have been offered to date for
supplemental water, and he was instructed to pursue the acquisition
of firm first point water (Kern River) and to provide for sufficient
surface delivery to meet the needs of the Urban Bakersfield Area.
Bakersfield, California, February 9~ 1970 - Page 6
Mr. Stetson has submitted two new workable alternatives
for the supplying of supplemental water to the Urban Bakersfield
area in a report dated January 31, 1970. This study has been
financed by the City of Bakersfield and has met with enthusiasm
of the major purveyors of water in the Urban Bakersfield
from all
area.
The Water and City Growth Committee submits this study
to the members of the Council at this time for their evaluation
and consideration. The consultant, Mr. Stetson, has been asked to
be present at the Council meeting on Monday February 16th, to
discuss the report and alternatives, and to answer any questions
that members of the Council may wish to ask him. If these pro-
posals meet with the Council's approval they will then be submitted
to the Kern County Water Agency for implementation through the
formation of an improvement district.
Councilman Stiern commented that Mr. Stetson has sub-
mitted a very important and comprehensive report and has furnished
facts and figures which should have been as readily available to
the Kern County Water Agency. It would seem that this type of
report should stem from the elected Agency which is financed from
public funds.
Councilman Heisey asked that each Councilman study the
report before the next Council meeting, so that a complete and
full explanation in-depth can be given by given by Mr. Stetson.
He also asked that the Water Report of October 29, 1969 be reviewe,~
by the Councilman so that this background information will bring
them up to date on the entire situation. He then moved that this
report be received and placed on file, and the motion carried
unanimously.
Approval of Transfer of Funds.
Upon a motion by Councilman Heisey, the following Trans-
fer of Funds was approved:
Based on level of service performed by Water
Consultant, Thomas M. Stetson, in 1968-69
($5,855.90), only $6,000 was budgeted for
1969-70. The rejection of the proposal of
the Kern County Water Agency for exchange of
Buena Vista Water Storage District in October,
1969, made it necessary for Mr. Stetson to
prepare alternatives for the supplying of
Supplemental Water for the City. This sub-
stantial increase in service will require a
transfer of $11,000 from Council Contingency
Account 11-510-6100 to Council Consulting
Account 11-510-4100.
Bakersfield, California, February 9, 1970 - Page 7
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 2719
to 2803 inclusive, in amount of $81,778.21, as audited by the
Voucher Approval Committee, were allowed, and authorization was
granted for payment.
Adoption of Resolution No. 10-70 of
the Council of the City of Bakers-
field fixing a time and place for
hearing protests by persons owning
real property within territory de-
signated as "Panoramic Heights No.
3 - Parcel No. 1", proposed to be
annexed to the City of Bakersfield.
Upon a motion by Councilman Rees, Resolufion No. 10-70
of the Council of the City of Bakersfield fixing a time and place
for hearing protests by persons owning real property within terri-
tory designated as "Panoramic Heights No. 3 - Parcel No. l", proposed
to be annexed to the City of Bakersfield and setting March 23, 1970
for hearing on the matter before the Council, was adopted by the
following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whirremote
Noes: None
Absent: None
Councilman Stiern commented that in connection with
Panorama Heights, the minutes of past Council meetings referred to
an offer to construct a swimming pool and a recreational center at
the old dump site on Kern River Bluffs. He asked Mr. Bergen to
read two letters which had been filed in the City Clerk's Office.
Both were from Mr. Hugh Curran, of the Cencal Development Company.
One dated December 21, 1955, stated that the Cencal Development
Company was prepared to offer the City a full size swimming pool
with rails, filters, etc., to be installed at a site selected by
the City on the old dump site on the Kern River Bluffs, and that
the City should begin to develop a long range program for making
this area an outstanding recreation center. The second letter was
Bakersfield, California, February 9, 1970 - Page 8
dated November 26, 1956, and stated that the offer to construct a
swimming pool was conditioned entirely upon complete abandonment
by the City of any and all dumping operations at this site and
due to the City's failure to abandon dumping operation on or
adjacent to the northeast corner of Section 15, the offer to
construct a swimming pool was withdrawn.
Councilman Stiern stated that at the time College Heights
was being developed, the City was burning its trash on the Bluffs
and there was a lot of opposition to this. The City didn't move
the dump but did convert to the present cut and fill operation.
He stated that a park in this area is desirable, if the City could
afford the cost. Since Mr. Curran has requested the City to give
some thought to the improvement of this area, it might be a good
idea to keep the whole thing open in case he cares to make another
offer to construct a swimming pool in this area.
Adoption of Resolution No. 11-70 of
Intention to include within the
Greater Bakersfield Separation of
Grade District certain territory
designated as "Panoramic Heights No.
3 - Parcel 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 Rees, Resolution No. 11-70
of Intention to include within the Greater Bakersfield Separation
of Grade District certain territory designated as "Panoramic
Heights No. 3 - Parcel No. 1", and setting March 23, 1970 for
hearing on the matter before the Council, was adopted by the
following vote:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Ayes:
Noes: None
Absent: None
Claim for damages frc~a Michael A.
Chupnick referred to the City
Attorney.
from Michael
A. Chupnick was
Upon a motion by Councilman Rucker, claim for damages
referred to the City Attorney.
Bakersfield, California, February 9, 1970 - Page 9
Acceptance of Work and Mayor authorized
to execute Notice of Completion £or
Contract No. 96-69 for Landscaping of
Median Island Planters on Cali£ornia
Avenue between Stockdale Highway and
Real Road.
Upon a motion by Councilman Stiern, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
for Contract No. 96-69 for Landscaping o£ Median Island Planters
on California Avenue between Stockdale Highway and Real Road.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for
Contract No. 131-69 for Paving Service
Drives and Parking Areas at Centennial
Park.
Upon a motion by Councilman Stiern, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
for Contract No. 131-69 for Paving Service Drives and Parking Areas
at Centennial Park.
Councilman Heisey asked the Deputy Director of Public
Works how the landscaping was coming along at this park. Mr.
Hawley stated that as far as trees are concerned, there is no
money in the budget for the landscaping o£ the park this year.
Funds were provided for constructing the sump~ which was done
by the developer in the area, and funds will be placed in next
year's budget for planting the lawn.
Councilman Stiern commented that he had read where the
State College was accepting gifts of trees to be planted on the
campus when the College is constructed. He stated it seems like
an excellent idea to welcome gifts of desirable trees and establish
a suitable plot for raising little trees £or future planting in
parks and recreation areas.
Mr. Bergen commented that
on landscaping the parks with trees
The City has always accepted appropriate trees donated by
he would not like
that were donated
to depend
to the City.
interested
citizens. Sometimes if the tree if full grown,
justify the expenditure to move and replant it.
the City receives an offer of a tree within this
accepted and planted in a suitable place.
it is difficult to
However, any time
policy, it is
Bakersfield, California, February 9, 1970 - Page l0
Councilman Heisey asked if the Director of Parks could
submit a list of the trees which would be suitable to plant on
City property. Perhaps this list should be published and if
people are aware of the need for trees, it will make them feel
they are part of the City to donate a tree to be planted in a
City park.
Mr. Bergen stated that a list of desirable trees is
available and he will furnish this list to the Council. He is
only speaking in defense of the City's policy, as they at all
times encourage subdividers and property owners to plant trees.
He agrees with Councilman Stiern that perhaps the City doesn't
give enough publicity to the fact that gifts of trees will be
acceptable for planting on City property.
Approval of Plan and Specifications
for construction of a Sanitary Sewer
to serve the California State College,
Bakersfield, and adjacent properties,
under Agreement No. 71-67.
Mr. Bergen pointed out that Agreement No. 71-67 with the
California State College provides for payment to the City of
Bakersfield of up to $150,000 for the outfall line that would
provide service to the College. The Engineer's estimate is about
$140,000. They are asking for approval of the plans to be submitted
to the State College for approval of the funds so that prior to
advertising and construction, the City will be paid for the sani-
tary sewer. The College will pay a rental for use of the sewage
facilities until such time as it annexes.
Upon a motion by Councilman Heisey, the plan and specifi-.
cartons for the construction of a sanitary sewer to serve the
California State College, Bakersfield, and adjacent properties,
and the Finance Director was authorized to advertise,
were approved,
for bids.
Encroactunent Permit granted Urner's
Chrysler Plymouth for construction
of a six foot concrete block fence
adjacent to the sidewalk along the
east side of Chester Lane south of
California Avenu'e.
After discussion, upon a motion by Councilman Stiern,
Encroachment Permit was granted Urner's Chrysler Plymouth for
construction of a six foot concrete block fence adjacent to the
sidewalk along the east side of Chester Lane south of California
Avenue. This fence will not interfere with site clearances along
Chester Lane.
Bakersfield, California, February 9, 1970 - Page 11 I 1
Hearings.
This was the time set for hearing of protests, objections
or appeals in respect to the diagram, assessment and work done in
Public Improvement District No. 839 (construction of curbs, gutters,
sidewalks, driveway approaches and necessary pavement replacement
adjacent to Lot 1 through 87, all in Tract 1232, in the vicinity
of Gorrill Street, Potomac Avenue and Robinson Street in the City
of Bakersfield) under and pursuant to Resolution of Intention No.
839 and the Improvement Act of 1911.
This hearing has been duly published and notices of
assessment sent to all property owners in the Improvement District.
No written protests have been filed in the City Clerk's Office.
The Vice-Mayor declared the hearing open for public
participation. Mrs. Grace Henry of 1509 Potomac Avenue stated
she was satisfied with the construction of the curbs, gutters and
sidewalks, but that the approach to her driveway had not been
finished, it was rough and water accumulated in a pot hole when
it rained. Mr. Hawley, Deputy Director of Public Works, stated
that this was the responsibility of the City, not the contractor,
and he would have this checked out by his staff and any necessary
work completed.
No other protests being received, the public portion of
the hearing was closed for Council discussion and deliberation.
Upon a motion by Councilman Rucker, Resolution No. 12-70 of the
Council of the City of Bakersfield making determinations and con-
firming assessment of the cost of doing the work ordered pursuant
to Resolution of Intention No. 839, was adopted by the following
vote:
Ayes:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Bakersfield, California, February 9, 1970 - Page 12
This was the time set for public hearing on Resolution
of Intention No. 850 of the Council of the City of Bakersfield,
California, declaring its intention to order the vacation of a
sewer easement in Lot ll4, Tract 1645, in the City of Bakersfield.
This hearing has been duly published and posted and no written
protests have been filed in the City Clerk's Office.
Vice-Mayor Stiern declared the hearing open for public
participation. No protests or objections being received, the
public hearing was closed for Council discussion and deliberation.
Upon a motion by Councilman Vetter, Resolution No. 13-70 ordering
the vacation of a sewer easement in Lot 114, Tract 1645, in the
City of Bakersfield, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Adjournment.
There being no further business to come before the
the meeting was
Council, upon a motion by Councilman Bleecker,
adjourned at 9.35 P.M.
VICE-MAYOR o$ the City of ~akersfield
ATTEST:
C~R~ ~ k of the Council
of the City of Bakersfield, California
Bakersfield, California, February 16, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., February 16, 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 Bleecker, Heisey, Rees, Rucker,
Stiern, Vetter, Whittemore
Absent: None
Minutes of the regular meeting of February 9, 1970 were
approved as presented.
Correspondence.
Upon a motion by Councilman Rees, communication from
Robert G. Beverly, Chairman of the Assembly Committee on Finance
and Insurance, re Flood Insurance Program, was received and ordered
placed on file.
Council Statements.
Councilman Whittemore commented that he had found a very
interesting article in Sunday's New Bulletin which bears out the
contention of the eleven incorporated Kern County Cities that
there are inequities in the taxation for Special County Services
which City residents do not receive. The Bakersfield Dodgers
Baseball team is having difficulty in arriving at a lease agreement
with the Board of Supervisors, which is reluctant to shoulder the
cost. The News Bulletin states that a plan was suggested to finance
Sam Lynn Ball Park operations with other than general fund monies,
as the Supervisors feel that many County residents do not benefit
from the park's existence and that the inclusion of the facility
within a special services district seems to be a good idea. The
Supervisors hinted that they are unhappy that the County pays the
Sam Lynn Park operation expense, while the City of Bakersfield gets
the sales tax revenues, since the ball park is in the City Limits.
Councilman Whirremote stated he didn't realize this ball park was
within the boundaries of the City of Bakersfield and suggested
Bakersfield, California, February 16, 1970 - Page 2
that the City do one of two things; either ask the County for the
City's share of the sales tax from Sam Lynn Ball Park, or furnish
the Board of Supervisors with a map delineating the boundaries of
the City of Bakersfield.
Councilman Heisey commended the Board of Supervisors for
designating the Rose as the official flower for Kern County. This
is very appropriate as the County exported around seven million
dollars worth of roses this year. He pointed out that in 1920 the
City of Bakersfield adopted the Maman Cochet Rose as the official
flower for the City, and stated that there are several of these
bushes planted in the rose garden at the south of the City Hall
and will be in bloom shortly.
Councilman Heisey nominated Mr. Don H. Whipple, 1408
West Point Drive, to fill the vacancy existing on the Civil
Service Board for Miscellaneous Departments for term expiring
December 31, 1970. Vote was taken on the motion which carried.
Councilman Whirremote voted in the negative on this molion.
Reports.
Mr. Thomas M. Stetson, Consulting Civil Engineer to the
City of Bakersfield since early in 1966, addressed the Council,
stating that in July of 1966 he presented a report to the Council
entitled "Alternate Sources of Water Supply for the Bakersfield
Urban Area." In that report he concluded that the Urban Area
should explore means and costs of purchasing or condemning water
rights in the Kern River and the means by which such water could
be spread underground and later recaptured for service within the
Urban Areas.
He
native would
also recommended at that time that a logical alter-
be to negotiate an exchange of State Project Water
for Kern River Water. After considerable study and discussion of
this matter, it was decided that an exchange program could probably'
be effected as the most economical means of obtaining supplemenial
water for the Urban Areas.
15
Bakersfield, California, February 16, 1970 - Page 3
The Council adopted a Resolution in 1967 which set guide-
lines for the accomplishment of such a program and representatives
of the Kern County Water Agency undertook such negotiations. Soon
after that, the Agency Act was amended so that an Improvement
District of the Agency could be formed which would encompass the
Urban Areas and that improvement district would have the power to
levy assessments on ground water production within the District to
raise funds to finance the cost of supplemental water. The amount
of State Project Water allocated to the improvement district was
determined to be 77,000 acre feet as a maximum annual entitlement.
The Agency undertook negotiations at that time with the
Buena Vista Water Storage District and a plan was developed which
embodied the exchange of 77,000 acre feet of State Project Water
for a like amount of Kern River Water. The proposed exchange as
finally presented, called for a firm annual delivery of Kern River
Water for direct use in the amount of 13,500 acre feet per year,
and 62,500 acre feet for ground water replenishment, the combined
quantities representing the 77,000 acre feet. All of the Kern
River Water in that exchange was to be second point water, which,
of course, is less reliable in supply than first point water and
without regulation, and would not be available.during five or six
months of the year on the average. That proposal was not accepted
by the representatives of the City of Bakersfield for several
reasons. The principal reason was that in addition to the cost
of the State Project Water and a rather large investment in the
facilities to handle the water, it required a payment of something
on the order of 2.5 million dollars to three million dollars, to
Buena Vista for the privilege of making the exchange.
In September of 1969, a joint proposal from Kern County
Canal and Water Company, Buena Vista Water Storage District and
Hacienda Water District, was submitted to the Agency for its con-
sideration. That proposal was based on the sale of 32,000 acre
feet of Kern River Water and an exchange of 45,000 acre feet of
Buena Vista second point rights. The 32,000 acre feet that was
1 ti
proposed for sale was comprised of 8,000 acre feet of Hacienda's
lower river rights and the balance from the Kern County Canal and
Water Company's Kern River supplies. That proposal was also
unacceptable to the City of Bakersfield for about the same reasons
as the first, Buena Vista wanted a payment of 2.7 million dollars
for the privilege of exchanging the 45,000 acre feet, and it was
considered that in the overall picture, the supplies were not
reliable eno. ugh for the Urban Area and there would not be sufficient
supply to meet the direct delivery needs of the water purveyors
in the Urban Area.
Subsequent to that proposal being circulated, in September
and October of 1969, the water purveyors in the Urban Area decided
to have meetings together, and a series of meetings was held. In
December of 1969, that group requested that Mr. Stetson prepare
preliminary plans and cost estimates for alternative means of
delivering State Project Water to the Urban Bakersfield Area and
combined, if possible, with an exchange for a firm supply of Kern
River Water. Two alternative plans were considered and they have
been designated as Alternative I, being the Unified Urban Bakers-
field Joint Use Plan, and Alternative II, being designated as the
Kern Delta Plan. Under date of January 31, 1970, Mr. Stetson
submitted a report to the City of Bakersfield on those alternative
plans, and he reviewed these plans as outlined in the report.
Alternative I involved a conveyance system from the
Tupman turnout on the California Aqueduct, which would carry State
Project Water not only for the Urban Bakersfield Area, but also
for the Rosedale-Rio Bravo Water Storage District, the Cawelo
Water District, and the Kern Delta Water District. It would be
an open canal with pumping plants along the way conveying water
north from Tupman to the Stockdale Highway; thence east along
Stockdale Highway to Renfro Road, with turnouts to Rosedale-Rio
Brave along the way; thence north on Renfro to Brimhall Road, and
thence easterly on Brimhall Road and its extension, crossing the
Kern River and terminating at the Stine Canal. This plan would
Bakersfield, California, February 16, 1970 - Page 5
17
also include enlarging a portion of the Stine Canal and the Farmer's
Canal to convey an additional 200 cubic feet per second of carrying
capacity for State Project water southerly to the vicinity of Venola,
and then a new canal would be constructed along Pacheco Road from
Venola over to the Kern Island Canal. The purpose of that would be
to convey State Project water to that point for the Kern Delta Water
District and also to convey about one-half of the Urban Bakersfield
supply to Kern Delta, in order to effect an exchange with the users
of Kern River rights, so that first point water could be taken out
of the river to be used in the North-Of-the-River and East Niles
area and for the California Water Service Company.
In other words, an exchange of about one-half of the
annual maximum entitlement of State Project water, so that 38,500
acre feet, or approximately that amount, would be coming from the
Kern River and the balance of the Urban Area's entitlement would be
State Water taken in the viCi~ity of the Kern River but in the heart
of the Urban Bakersfield area so that water could be either spread
underground and later pumped for future use, or as time went on anti
the need increased for more water for direct treatment and use, that
water would be located at such a point that that could easily be done.
This particular plan has a number of advantages in that
its participation with the Rosedale-Rio Bravo and the Cawelo ~istrict
means that more people would be using the same facilities, and thus
the cost would be more reasonable.
The second alternative also started from Tupman, but this
alternative involves only the Urban Bakersfield Area and Kern Delta..
It would take water out of the State Aqueduct at Tupman, take it
northerly about a mile and thence easterly along the Canal known as
the Main Canal and along the Southern Pacific Railroad, along Pacheco
Road to terminate at the same point as the other system, at the Kern
Island Canal. This system brings the State Water into the lower end
of the Urban Bakersfield Area, not into the heart of it; however, the
plan could be modified to bring water north off of that Canal up into
Bakersfield, California, February 16, 1970, Page 6
the center of the service area, it would cost additional funds, and
it has not been included in this plan. This plan, too, would embody
exchanging approximately one-half of the State Project water for
first point Kern River water.
Both Plans, 1 and 11, offer distinct advantages over
the proposals previously submitted. They cost less, the opera-
tions would be less complex, and they offer a firmness of supply
practically to the full extent of the 77,000 acre feet, if and
when desired. Mr. Stetson's office has analyzed the daily natur-
al flow of the Kern River over the 73 year period from 1869
through 1969, and finds that only first point water will really
supply all of the direct delivery demands of the Urban Bakers-
field Area. In other words, an exchange for second point water
without regulations, simply will not give enough water for sur-
face delivery. In fact with no regulation, there wouldn't be
any water for five or six months of the year. Even with regula-
tion, it would be very difficult to exchange a sufficient quan-
tity to get the amount needed on a firm annual basis.
One final point, both Alternative I and ll, as he has
said, are far preferable to either of the exchange proposals
which have been brought before the Council over the past two
years. One distinct advantage is, that under either there would
be no tribute paid for the privilege of making the exchange. So
either of these would appear to be the best plan to date for the
consideration of not only the City of Bakersfield, but also all
of the water purveyors within the Urban Bakersfield Area.
Councilman Vetter asked if the other water purveyors
were in agreement with this proposal. Mr. Stetson stated he had
heard no opposition, a meeting was held about three weeks ago, at
which the plan was explained and the general consensus at that
meeting was that either of the plans, expecially Plan 1, appealed
to the group. Some of them have various ideas which would per-
haps improve the plans, but as far as being preliminary plans for
the general overall concept of a combined partial cross-valley
Bakersfield, California, February 16, 1970 - Page 7
aqueduct and exchange program, he would believe it was fair to say
that all the water purveyors were in agreement that this would be
a desirable plan.
Councilman Vetter asked if there was any particular
advanfage or disadvantage between the two proposals and Mr. Stetson
stated that under Alternative 1, as the cost has been esfimated,
the City of Bakersfield would actually save money by utilizing
Alternative 1, however, it would increase the cost to the Kern
Delta Water District. The Urban Bakersfield Area would save money
under Alterhale 11, but the Kern Delta Water District would pay
an increase under Alternate 11, over:what~ it wo~ld under Alternate 1.
The other advantage is.that Alternate 1 does put the water in the
heart of the service area.
Councilman Heisey slated that he had received a copy
of a resolution which had been adopted by the Board of Directors
of the North-Of-The-River Water District, voting unanimously to
endorse the plan.
Councilman Heisey moved that the report be received
and referred fo the Kern County Water Agency as the two best recom-
mendations the Council has received to date for alternate plans
for cross-valley canals and Kern River exchange with the request
that the Water Agency evaluate these two plans.
Councilman Stiern commented that he would like to ex-
press his disappointment that for the second time in the last
several years the City of Bakersfield has had to rely on its own
sources of investigation in order to arrive at a fair resolution.
He thinks if is regrettable and incredible that the City has had
to hire an expert to make an extensive investigation after waiting
for over two years for the Water Agency to attempt to resolve this
problem for the Greater Bakersfield area. He hopes that the time
will come when the people of Kern County will receive some repre-
~entatio~.~rom the efforts of the Kern County Water Agency,
Vote was taken on Councilman Heisey's motion, which
carried unanimously.
Bakersfield, California, February 16, 1970 - Page 8
City Manager Bergen stated that last week there was
considerable discussion at the Council meeting regarding street
tree planting and trees planned for planting in Centennial Park.
He presented each Councilman with a brochure depicting and listing
the type of trees which are recommended for planting in streets;
also, a list of the 134 trees proposed to be planted in Centennial
Park this year.
Mr. Bergen submitted a report from Lt. Price of the
Traffic Division, dealing with the parking in the vicinity of
College Heights School. He stated he has furnished a copy of the
report to Mr. Canfield, the principal of the school, and Lt. Price
has contacted him and has attempted to work out the best solution
to a very difficult problem. Councilman Heisey suggested that Lt.
Price attend a PTA meeting at this school and explain the proposals
for handling the parking at the school.
Councilman Heisey asked Mr. Bergen to find out what ac-
tion is being taken by Assemblyman Stacey and the Division of High-
ways with regards to the frontage road between Haley and Mr. Vernon
Avenue, and if another resolution is needed, come back to the
Council and ask for it.
Councilman Rees moved that the Report be received and
placed on file, and the motion carried unanimously.
Councilman Vetter inquired of Mr. Bergen when he can
expect the report on the landscaping of median islands, and Mr.
Bergen replied it would be ready next week.
Mayor Hart acknowledged the presence in the Council
Chambers of a government class from Foothill High School and
thanked the students for their interest.
Councilman Whittemore, chairman of the Governmental
Efficiency and Personnel Committee, reported that the Civil
Service Board for the Miscellaneous Departments has adopted
certain changes at their regular meetings of September 18, 1969,
Bakersfield, California, February 16, 1970 - Page 9
October 21, 1969 and November 18, 1969, in an attempt to make their
Rules and Regulations more efficient. The Governmental Efficiency
and Personnel Committee has reviewed these recommendations and
feels that they will improve the efficiency of the Civil Service
Board in implementing the personnel program for the Miscellaneous
Departments. The specific changes follow:
RULE I DEFINITIONS
1.16 DISCHARGE shall mean termination from City
service for cause
RULE 3 ORGANIZATION AND ADMINISTRATION
3.11 PERSONNEL DIRECTOR
The duties of the Personnel Director are enumerated in
Sections (a) through (e). (e) is to be listed as duty
(h) and duties (e), (f), and (g), as listed below are
to be added:
(e) Authorize recruitment to fill existing or
anticipated vacancies
(f)
Be authorized to make appointments from an
appropriate eligible list prior to its certifi-
cation subject to subsequent approval of the
Board
(g) Conduct examinations, tests and interviews when
so directed by the Civil Service Board
RULE 4 APPLICATION FOR EXAMINATIONS
4.01 QUALIFICATION OF APPLICANTS
Paragraph (a) stated that to qualify for an examination,
an applicant must be a citizen of the United States.
This section is to be deleted to comply with the recent
U. S. Supreme Court decision involving Purdy and
Fitzpatrick vs. the State of California
4.04 DISQUALIFICATION
The Board may refuse to examine, or after examination
may remove from the eligible list, any person
(g) Who has been dismissed from public or private
service or resigned not in good standing
(h) Who has made any false statement or omitted
pertinent facts in his application
(j) Who fails to report a compoete record of convictions
The words "arrest record" have been changed to read
"record of convictions"
Bakersfield,
California,
February 16,
1970 - Page 10
for Veteran's Credits
4.07 VETERAN'S CREDITS
Those periods of time recognized
shall be
(d) Viet Nam War: August 4, 1964, to a date to
be determined by Federal and State Statute
RULE II SUSPENSIONS, DEMOTIONS, REMOVALS, HEARINGS
11.02 CAUSE FOR SUSPENSION, DEMOTION, REMOVAL
OR DISCHARGE
The following reasons shall be deemed sufficient for
suspension, removal or discharge provided, however, that
such action shall not be limited to these reasons:
(k)
Incompatibility; when an employee's conduct dis-
rupts or causes dissension in a department or divi-
sion's operation, or that an employee is incapable
of association because of incongruous, discordant,
or disagreeable behavior and that employee's actions
tend to undermine the morale of the organization
The City Attorney feels that item (k) should be deleted
as it is vague and unenforceable
11.04 PROCEDURE FOR REMOVAL OR DISCHARGE
If an answer is received by the Civil Service Board,
the City Manager and the authority having the
appointive power within ten days, a Trial Board shall
be created. The accused shall state in his answer
to the charges whether or not he desires a public or
private hearing. Upon receiving the appellant's answer
to the charges, the Board shall set a date of hearing.
The accused shall be given five days notice of the
hearing and the time and place of said hearing.
The words "by the Civil Service Board, the City Manager
and the authority having the appointive power" have been
added to clarify where answer should be sent (City Char-
ter, Section (216)9.
It is the feeling of the Governmental Efficiency and
Personnel Committee that these changes be implemented to enable
the Civil Service Board for the Miscellaneous Departments to con-
duct its affairs in a more efficient and businesslike manner. If
approved, it is recommended that the City Attorney's office be
directed to prepare the necessary ordinance to implement these
changes.
The Council engaged in a lengthy discussion of the
report and requested clarification of recommendations contained
therein, specifically the deletion of the qualification that the
applicant must be a citizen of the United States, the Board may
Bakersfield, California, February 16, 1970, Page 11
made any
cation.
adopted.
remove from the eligible list any person who fails to report a
complete record of convictions, who has been dismissed from public
or private service or resigned not in good standing, or who has
false statement or omitted pertinent facts in his appli-
Upon a motion by Councilman Whittemore, the report was
Upon a motion by Councilman Stiern, Report of the Citizens
Auditorium-Recreation Committee relative to Public Ice Skating was
received and ordered placed on file, and adopted.
Upon a motion by Councilman Bleecker, report from Charles
P. Graviss, Manager of the Auditorium-Recreation Department, on the
subject of Sponsorship for AAU Track and Field Championships was
received and ordered placed on file. Authorization was granted to
transfer $500 from the Council's Contingency Fund for contribution
toward the sponsorship fund for the AAU Track and Field Champion-
in Bakersfield and to provide for a Special Mayor's
ships to be held
Trophy.
Allowance of Claims
Upon a motion by Councilman Bleecker, Vouchers Nos. 2804
to 2888 inclusive, in amount of $208,103.98, as audited by the
Voucher Approval Committee, were allowed and authorization was
granted for payment.
Action on Bids.
Upon a motion by Councilman Rucker, low bid of Witco
Chemical Corporation for Annual Contract for Road Oil and Emul-
sions was accepted, all other bids were rejected, and the Mayor
was authorized to execute the contract.
Adoption of Ordinance No. 1846 New Series
approving annexation of a parcel of unin-
habited territory to the City of Bakers-
field, California, designated as"California
Avenue No. 2", and providing for the taxa-
tion of said territory to pay the bonded
indebtedness of said City.
Upon a motion by Councilman Stiern, Ordinance No. 1846
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as "Cali-
fornia Avenue No. 2", and providing for the taxation of said
24
Bakersfield, California, February 16, 1970 - Page 12
territory to pay the bonded indebtedness of said City, was adopted
by the following vote:
AYES: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern
Vetter, and Whittemore
NOES: None
ABSENT: None
Adoption of Resolution No. 14-70 of
Intention to include within the
Greater Bakersfield Separation of
Grade District certain territory
designated as "California Avenue No.
2", and setting the time and place
for hearing objections to the inclu-
sion of said territory within said
District.
Upon a motion by Councilman Stiern, Resolution No. 14-70
of Intention to include within the Greater Bakersfield Separation
of Grade District certain territory designated
No. 2", and setting March 23, 1970 as the time
to the inclusion of said territory within said
by the following vote:
AYES: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, and Whittemore
NOES: None
ABSENT: None
Approval of Amendment to Municipal
Farm Lease No. 134-69 with Garone
Cattle Company.
Upon a motion by Councilman Bleecker, seconded by Council.-
man Heisey, Amendment to the Municipal Farm Lease No. 134-69 with
the Garone Cattle Company, was approved and the Mayor was author-
ized to execute the Amendment.
Claim for damages from Kathleen R.
Moreno referred to the City Attorney.
Upon a motion by Councilman Rucker, claim for damages
from Kathleen R. Moreno was referred to the City Attorney.
as "California Avenue
for hearing objections
District, was adopted
Bakersfield, California, February 16, 1970 - Page 13
Smithers-Oasis
Stine Road and
subject to the
agreement.
Approval of Plans and Specifications
for improving a portion of Panorama
Drive between Wenatchee Avenue and
Crescent Drive.
After discussion, upon a motion by Councilman Rees, plans
and specifications for improving a portion of Panorama Drive between
Wenatchee Avenue and Crescent Drive were approved, and the Finance
Director was authorized to advertise for bids.
Approval of request from Smithers-Oasis
to connect plant located at the southwest
corner of Stine Road and Pacheco Road
to City sewer System.
Upon a motion by Councilman Whiftemore, request from
to connect plant located at the southwest corner of
Pacheco Road to the City sewer system was approved,
new rates being applied to the suburban sewer rental
Approval of Consent to Common Use
Agreement with P. G. & E. for
construction of drainage facilities and
street improvements in connection with
Public Improvement District No. 801-A.
Upon a motion by Councilman Vetter, Consent to Common Use
Agreement with P G & E for construction of drainage facilities and
street improvements in connection with Public Improvement District
No. 801-A was approved, and the Mayor was authorized to execute same.
Hearings.
Now is the time set for public hearing on an appeal by
Mrs. Anne Foster to the decision of the Board of Zoning Adjustment
granting the application of Mr. John D. Waters, Jr. to permit the
construction, operation and maintenance of a car wash in a C-1
(Limited Commercial) Zone on that certain property commonly known
as 1200 Niles Street.
This hearing was duly advertised and posted. The applicant
proposed to construct a four-bay coin-operated car wash in this
C-1 Zone. Numerous C-2 uses have been granted along this portion
of Niles Street when it has been found that they will not be
Bakersfield, California, February 16, 1970 - Page 14
detrimental to the neighborhood. The Board of Zoning Adjustment
received one letter from Mrs. Alice Rhines in opposition to this
proposed variance; a telegram was received from Mrs. Anne Foster
asking for continuance of the hearing. No one appeared at the Board
of Adjustment meeting in opposition to the proposal.
The Board was of the opinion that this proposed use woul,~
not be more objectionable or noisy than the service station which
had been in existence for a number of years.
Mayor Hart declared the meeting open for public participation.
Mrs. Anne Foster, who had appealed the decision of the Board of
Zoning Adjustment, stated she owns the lot next door to the proposed
car wash installation, and the family home is located across the s~treet.
She is opposed to this business which she states is very distasteful
to her, as she does not want a car wash across from her residence.
She suggested that offices be constructed at this location.
Mr. John Waters, the applicant for the variance, stated
the site for the proposed car wash was formerly occupied by a serv~ce
station which has been abandoned since 1965. In his opinion, the
neighborhood will be improved by the construction of this concrete
block building and the enterprise will not be objectionable as far
as noise is concerned.
Mr. Perry Waters, a co-partner in the proposed business,
spoke in favor of granting the variance.
Mr. Sceales, Planning Director, pointed out that there are
service stations located on two corners, which are presently operating,
and that the entire block is zoned C-1. Councilman Rucker suggested
that a masonry wall be built to separate the car wash from the
adjacent residential property. Mr. Sceales stated that the Council
could require it, but it is not called for in the ordinance when the
property adjacent is zoned commercially.
Mayor Hart closed the public pDrtion of the hearing for
Council discussion and deliberation. After discussion, upon a motion
by Councilman Rucker, Zoning Resolution No. 225 granting variance c*f
27
Bakersfield~ California~ February 16~ 1970 - Page 15
the Land Use Zoning Ordinance of the City of Bakersfield affecting
that certain property as hereinafter described and zoned as a C-1
(Limited Commercial) Zone to permit the construction, operalion
and maintenance of a Car Wash on that certain property commonly
known as 1200 Niles Street, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees~ Rucker, Stiern, Whittemore
Noes: Councilman Vetter
Absent: None
This variance was granted subject to the construction of
a six foot masonry wall on the east side of the property to within
ten feet of the front property line, then dropping to a four foot
masonry wall to the property line.
Adjournment.
There being no further business to come before the Council,
upon a motion by Councilman Bleecker, the meeting was adjourned at
9:46 P.M.
ATTEST:
CITY~ CLERK and Ex--Officio Clerk of the Council
of the City of Bakersfield, California
Bakersfield, California, February 24, 1970
Minutes o£ the regular meeting of the Council of the
City of Bakers£ield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., February 24, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge ol Allegiance and Invocation by Councilman Walter
Heisey.
Present:
The City Clerk called the roll as
Mayor Hart. Councilmen Bleecker,
Stiern, Vetter
follows:
Heisey, Rees, Rucker,
Absent: Councilman Whittemore
Minutes of the regular meeting of February 16, 1970,
were approved as presented.
Correspondence.
Upon a motion by Councilman Vetter, communication from
Guarantee Shoe Center, 2101 Chester Avenue, commending the Fire
Department, the Police Department and the Building Department for
the excellent services rendered during recent fire at this location,
was received and ordered placed on file.
Upon a motion by Councilman Heisey, copy of a communi-
cation from Don G. Simpson, Tehachapi City Engineer and Lamont
Public Utility District Engineer, to the Kern County Regional
Planning Advisory Commission, asking that the Kern County planning
problem be resolved, so that applications for constructing certain
improvements to the water system in Tehachapi and Lamont can be
processed by HUD, was received and ordered placed on file. Council[-
man Heisey pointed out that the City of Bakersfield has already
gone on record requesting the Board of Supervisors to appoint a
one man staff so that the Regional Planning Advisory Commission
will be qualified for HUD purposes. Until the Board of Supervisors
acts on the requests made by all the cities of Kern County, there
will be a continuing delay in processing applications for much
needed projects.
Bakersfield, California, February 24, 1970 - Page 2
Mr. Bergen commented that the Resolution which the City
of Bakersfield adopted, and which was also adopted by ten other
cities, requests the Board of Supervisors to fund an independent
staff out of the general tax fund, as it was thought this would
be the most economical way for funding this separate agency. These
resolutions were submitted to the Board of Supervisors a week ago,
at which time the Board indicated that a report would be made
within three weeks.
Council Statements.
Councilman Heisey asked Mr. Bergen to check with the
three gentlemen whose names were proposed by the Kern Mosquito
Abatement District to fill the vacancy on the Board of Directors,
and learn if they would be willing to serve on the Board, so that
the Council can make an appointment within the next couple of
weeks.
Councilman Vetter pointed out that there were two
appointments to be made on the Redevelopment Agency, as the terms
of Mr. Vincent Casper and Mr. Theton Taber expired on February 1,
1970.
Mayor Hart commented that reference had been made in the
press to an ordinance recently adopted by the City of Madison
Heights intended to punish parents for the acts of their minor
children. He has had several telephone calls relative to this
ordinance, and he asked City Attorney Hoagland for an opinion.
Mr. Hoagland stated that parents cannot be held criminally responsible
for the acts of their children, and attempts to make parents liable
for the acts of their minor children have met with disaster. Mayor
Hart stated he wishes to make it clear that he is not submitting
a proposal to the Council to consider a similar ordinance, he
merely researc~e~ the matter in the eventualtry that it did have
merit. He would not propose to specifically punish parents for
the misdeeds of their offspring, since this can be handled through
the Probate Courts in the usual manner; however, if the parent is
Bakersfield, California, February 24, 1970 - Page 3
so neglectful of his children that he is by actual default allowing
him to commit criminal acts, then the parent is committing a
separate and distinct crime against society and should be subject
to punishment. In exploring this with Mr. Hoagland, he believes
that somewhere along the line this neglect can be proven in criminal
court and that the laws constitutionality can be upheld, and if he
is right, this might be a major step towards returning juvenile
discipline to the home where it belongs.
Reports.
Councilman Kenneth Vetter, member of the Governmental
Efficiency and Personnel Committee, read a report relative to the
Fire Prevention Bureau and making the following recommendations
for organization of the Fire Prevention Bureau with recommended
salary ranges:
1. The Fire Inspector I position is to be abolished
and the Fire Chief will resume assigning Fire-
fighters to the Fire Prevention Bureau according
to the needs of the department. The one Fire
Inspector I now working in the Fire Prevention
Bureau will be reclassified to Firefighter at
the same salary;
2. The classification of Fire Inspector II is to
be abolished and the classification of Fire
Inspector to be created in its place at Salary
Range 40. No employee will be affected by the
change, since there are no positions currently
classified as Fire Inspector II;
3. The classification of Fire Inspector III is to
be abolished and the classification of Senior
Fire Inspector created in its place. This
Committee also recommends that the salary
range of the Senior Fire Inspector classifi-
cation be established at Salary Range 45 to
restore this position to its previous relation-
ship with that of Fire Captain. This recom-
mendation amounts to a 2½% increase for one
member of the Fire Prevention Bureau.
It is to be clearly established that the recommendations
contained within this report, in no way, are intended to permanently
equate or relate the salaries of the positions within Fire Preven-
tion to positions within Fire Suppression. It is important to
repeat that no budgeted or filled positions are being abolished
or added by this modification to the reorganization of last April.
o l
All promotions and lateral transfers between Fire Sup-
pression and Fire Prevention shall be by examination, with the
exception that Firefighters may be assigned by the Fire Chief to
the Fire Prevention Bureau when needed.
The speci£ications for the classes of Assistant Fire
Marshal, Senior Fire Inspector and Fire Inspector are included
with this report and reflect the new promotional opportunity
pattern within the Fire Department and are recommended for adoption.
If the Council concurs with this Committee's recommenda-
tions, it is recommended that the attached class specifications
be approved, and that the City Attorney be instructed to prepare
an ordinance ef£ecting the salary changes contained herein to be
effective January 9, 1970.
Mr. Fred Ward~ representative of the Bakersfield City
Employees' Association, addressed the Council in connection with
the Governmental Efficiency and Personnel Committee's Report. He
stated that this report is a culmination o~ lengthy negotiations
and discussions between the Employees' Association, the City
Manager and the Governmenial Efficiency and Personnel Committee,
and urged the Council to approve the recommendations contained
therein. There was a very serious question relative to the
e£fective date~ as they £eel thai the one employee a~fected~ will
be losing about $200 in salary, which he was entitled to~ in the
Association's judgment. However, since the employee does not
object to the e~ective date of January 9, 1970, the matter is
terminated as far as the Association is concerned.
Councilman Vetter commented that this matter has been
discussed thoroughly in Committee meetings a number of times, and
he takes exception to Mr. Ward's statement that this employee is
losing salary. He then moved to adopt the Governmental Efficiency
and Personnel's Report, and after discussion, this motion carried
unanimously.
Bakersfield, California, February 24, 1970 - Page 5
Councilman Vetter stated that he talked to Assemblyman
William Ketchum, and he advised that AB 151 which allows the State
to continue to collect sales tax even if the County should rescind
its sales tax ordinance, had passed the Revenue .and Taxation
Committee today. There was substantial opposition, but it still
was passed. Mr. Ketchum gave much credit to City Attorney Hoag-
land for expressing the City's viewpoint so effectively.
Mr. Bergen stated this is'an appropriate time to point
out to the Council that this so-called "deadline" on the Sales
Tax is only an administrative deadline not a legal deadline.
Mr. Bergen submitted a report to each member of the
Council on the City's policy for Major City Street Landscaping
Costs and also a history of landscaping along major streets.
Councilman Vetter stated he would like to study if further and
asked Mr. Jing, Director of Public Works, for a clarification of
the attached comparison chart. He asked Mr. Jing if additional
landscaping could not be added to some of the median islands by
planting junipers, or evergreen shrubs. Mr. Jing stated this
could be done. Councilman Vetter then moved that the report be
received and placed on file. This motion carried unanimously.
Councilman Bleecker stated he would like to sfudy this
report further, as this is a matter which has been brought up
several times. As far as he is concerned, the planting of a small
tree every two or three hundred feet doesn't do a thing for the
appearance of the street. He would rather have either enough
trees planted at closer intervals, to make these areas look
attractive, or have no trees whatsoever. He is primarily con-
cerned with the appearance of the median islands and if it means
spending more money to beautify these areas, he is in favor of it.
Councilman Rucker stated that he was under the impress-
ion that the Director of Public Works was planning on submitting
a report evaluating each area throughout the City, not just one
area of the City, and he feels that this should be done.
Bakersfield, California, February 24, 1970 - Page 6
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 2889
to 3026, inclusive, in amount of $133,042.55, 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 Heisey, contract for 30 items
for Annual Contract for Automotive Tires and Tubes was awarded to
Goodyear Tire and Rubber Company, all other bids were rejected, an,d
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Bleecker, low bid of Farnholtz
Retread Service for Annual Contract for Automotive Tire and Recapping
was accepted, all other bids were rejected, and the Mayor was
authorized to execute the contract.
Upon a motion by Councilman Rucker, bid of Service Oil
Company for Annual Automotive Lubricants was accepted, this being
the only bid received, and the Mayor was authorized to execute
the contract.
Councilman Bleecker questioned receiving only one bid
for this product and asked for an explanation. Mr. Paul London,
Equipment Superintendent, stated that the lubricating oil is used
by three departments, the Police Department, Public Works Depart-
ment, and the Transit Department. Bids were solicited from other
vendors, however, if any of the other bids had been accepted, it
would mean purchasing three different oils, the installation of
additional dispensing equipment and additional storage space.
Also, if the oil does not meet the specifications of certain truck
manufacturers the warranty would not be honored. Several of the
oil companies indicated they would not alter their oil to comply
with City's specifications because they felt this was not an oil
problem.
Vote was then taken on Councilman Rucker's motion, which
carried unanimously.
Bakersfield, California, February 24, 1970 - Page
Upon a motion by Councilman Rees, low bid of Kern
Battery Manufacturing Company for Annual Contract for Automotive
Batteries was accepted, all other bids Were rejected, and the
Mayor was authorized to execute the contract.
Upon a motion by Councilman Heisey, low bid of G & S
Construction of Oxnard, California, was accepted, all other bids
and the Mayor was authorized to execute the con-
were rejected,
tract.
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 1.90 to the Municipal
Code relating to Riots, Mob Action or
other Civil Disobedience; providing
for emergency regulations to preserve
the peace and order of the City; and
providing penalties for violation
thereof.
At this time first reading was given an Ordinance of
the Council of the City of Bakersfield adding Chapter 1.90 to
the Municipal Code relating to Riots, Mob Action or other Civil
Disobedience; providing for emergency regulations to preserve
the peace and order of the City; and providing penalties for
violation thereof.
Approval of request to erect 60 foot
high sign located at 1001 Oak Street,
Royal Inn Project.
Councilman Stiern asked Mr.
about the specifications of a 60 foot
Inn Motel which would make it obnoxious to the surrounding resi-
dential area. Mr. Sceales, Director of Planning, stated that
the height is well within the height of many of the signs in that
general area and the sign is orientated to the north and south
bound traffic on the freeway. Mr. Charles Kidder of the Bakers-
field Neon Sign Company, advised the Council that there is no
scintillation, no revolving, and no rotating on this sign, and
that the sign will be an asset to the Royal Inns of America, it
is orientated to the freeway so that it can be seen about 400 feet
and will not be a nuisance to the surrounding residential area.
Upon a motion by Councilman Stiern, the request to erect the 60
foot sign at 1001 Oak Street, was approved.
Bergen if there was anything
sign requested by the Royal
Bakersfield, California, February 24, 1970 - Page
Request from Akron Stores, 3008 Ming,
to erect an interior illuminated non-
rotating, non-flashing and non-scin-
tillating pole sign at an overall
height of 80 feet from grade to the
top of the sign was referred to the
Planning Commission for study and
recommendation.
Upon a motion by Councilman Vetter, request from Akron
Stores, 3008 Ming, to erect an interior illuminated non-rotating,
non-flashing and non-scintillating pole sign at an overall height
of 80 feet from grade to the top of the sign was referred to the
Planning Commission for study and recommendation.
Approval of Agreement with Thomas M.
Stetson, Consulting Engineer, for
Modification of Contract No. 70-66.
Upon a motion by Councilman Heisey, Agreement modifying
Contract No. 70-66 with City's Water Consultant, Thomas M. Stetson,
was approved and the Mayor was authorized to execute same.
Adoption of Resolution No. 15-70 authori-
zing the filing of an Application with
the Department of Transportation, United
States of America, for a Grant under the
Urban Mass Transportation Act of 1964,
as amended.
Mr. Bergen reported to the Council as follows:
During the last Budget Session, the Council requested
that a study be made on Transit Service especially with regards
to City area versus the unincorporated area. It was apparent at
that time in order to do a comprehensive report which would com-
pletely satisfy the request, it would be desirable to have origin
and destination data. This together with a lack of staff time
available, prevented any action until December. In December, Dick
Rowe, together with Carl Chitwood, began an analysis of all the
available information towards preparing a comprehensive report
without additional field work. Such a report has been prepared
in rough draft, and has been discussed with the Water and City
Growth Committee. In the meantime, through direct contact with
representatives of both the Department of Transportation and
Housing and Urban Development, we have been led to believe that
if we resubmitted our application for a UMT grant that favorable
action may result.
36
Bakersfield, California, February 24, 1970 - Page 9
The original request for a grant was made in 1967. The
total estimated cost for 11 buses at that time was $277,355, and
the City's share of 1/3 o£ the net project cost would have amounted
to $92,451, with the Federal Government contributing 2/3's or
$184,903. Subsequent to that time the staff found out that the
City would be unable to quali£y for the 2/3's grant, and that the
best the City could do initially would be a 50% grant. If KERPAC
were to be quali~ied~ an additional grant may be made equal to
one-sixth of the net project cost, which would make the 2/3 City's
share of the net project cost.
Revising the estimates to bring them in line with today's
prices ~or buses, would bring the total cost o£ the project to
$315,400, 50% of which would be $157~700, or the City's share.
Hopefully, one-sixth or $52~000, o£ this will be returned in a
few years. This $157,700 will require an additional $47,150~ in
addition to the money presently in the replacement account~ or
$110,550, which has been budgeted. Therefore~ it is recommended
that an updated application be made and that the following speci£ic
action be taken this evening:
1. Adoption of a new Resolution.
2. Transfer $47,150'to the Replacement Account
from the Council's Contingency Fund.
3. To help o£fset our operating loss for 1969-70
this amounts to $102,600 - it is recommended
that the Council consider fares as follows and
eliminate night service.
Specifically they are recommending that;
(a) Increase fares for City residents from 25~ to 30~.
(b) Increase fares for Unincorporated Areas ~rom 25~
to 35~. This is to be accomplished by charging
40~ when the point o~ origin is outside the City.
(c) Eliminate evening service and Sunday service for
all routes - presently service only provided £or
two routes.
A memorandum is attached outlining these recommendations
in detail. It is suggested that action be taken on these recom-
mendations at the next Council meeting for implementation on
April l~ 1970.
.~7
Bakersf. ield, California, February 24, 1970 - Page l0
Because of the time involved in updating the I/MT Applica-
tion~ and the actual printing time, we anticipate submitting the
formal report before the end of March. At that time the Council
will be in a better position to objectively and effectively
evaluate the long term direction of the Transit Service. Even if
the grant were approved~ it would not be done in this budget year,
and the Council would have plenty of time to act upon it.
After additional discussion~ upon a motion by Councilman
Rees authorization was granted to transfer $47,150 from the Council's
Contingency Fund and Resolution No. 15-70 authorizing the filing
of an application with the Department of Transportation, United
States of America~ for a Grant under the Urban Mass Transportation
Act of 1964, as amended, was adopted by the following vote:
Ayes: Councilmen Bleecker~ Heisey~ Rees~ Rucker, Stiern,
Vetter
Noes: None
Absent: Councilman Whirremote
First reading of an Ordinance amending
Section 17.56.020 (Schedule of Off-
Street Parking Requirements) of Chapter
17.56 of the Municipal Code of the City
of Bakersfield to include required Off-
Street Parking for Convalescent Hospitals,
an extended Medical Care Facility.
First reading was considered given an Ordinance amending
Section 17.56.020 (Schedule of Off-Street Parking Requirements) of
Chapter 17.56 of the Municipal Code of the City of Bakersfield to
include required Off-Street Parking for Convalescent Hospitals, an
extended Medical Care Facility.
Acceptance of Work and Mayor authorized
to execute Notice of Completion of Con-
tract No. 95-69 for Paving Median Island
on California Avenue between Stockdale
Highway and Real Road.
Upon a motion by Councilman Stiern, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion for
Contract No. 95-69 for Paving Median Island on California Avenue
between Stockdale Highway and Real Road.
Bakersfield, California, February 24, 1970 - Page ll
Extension of time granted on Contract
for furnishing and installing a Soft-
ball Lighting System at California
Avenue Park in the City of Bakersfield.
Upon a motion by Councilman Rucker, an extension of time
until March 13, 1970~ was granted McBride Electric, for completing
the furnishing and installing of a Softball Lighting System at
California Avenue Park in the City of Bakersfield under Contract
No. 137-69.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for
Contract No. 130-69 for construction of
Culverts on the westerly extension of
Columbus Street at the Kern Island and
Eastside Canals.
Upon a motion by Councilman Bleecker, the Work was
accepted and the Mayor was authorized to execute the Notice of
Completion for Contract No. 130-69 for construction'of Culverts
on the westerly extension of Columbus Street at the Kern Island
and Eastside Canals.
Hearings.
This is the time set for public hearing before the
Council on application by Robert W. Karpe to change the zoning
boundaries from an R-1 (Single Family Dwelling) Zone to a C-2-D
(Commercial - Architectural Design) or more restrictive, Zone,
affecting that certain property located between Stine Road and
Akers Road and approximately 400 feet south of Ming Avenue.
This hearing has been duly advertised and posted and
notices were sent to all persons signing petitions filed with the
City Clerk. Forty-two letters in favor of the rezoning~ and three
letters in opposition to the rezoning were received in the City
Clerk's Office.
The Planning Commission is of the opinion that additional
commercial zoning for this corner would not be materially detri-
mental to adjacent properties and would permit a better site
development plan, including much more off-street parking for a
commercial complex. The entire site will be served by Stine Road
Bakersfield, California, February 24, 1970- Page 12
and Akers Road, both proposed secondary highways, and by Ming
Avenue, a proposed major highway. Accordingly, the Commission
recommends approval of subject application as submitted.
Mayor Hart declared the hearing open for public partici-
pation and invited those persons in opposition to the granting of
the rezoning to speak before the microphone. Mr. John LaBouff, who
resides at 2004 Driftwood Street, addressed the Council, stating
that a total of 453 homeowners, residing in the surrounding resi-
dential area, who protest this commercial encroachment on land
zoned for residential development had signed petitions, and he
submitted copies of the petitions to the Council. He went on to
say that this area does not need another discount house, it already,
has two under construction, and a third already operating. Also
Valley Plaza is within walking distance. He asked where the need
was for development of another discount house and shopping complex.
With ample C-2 zoning available in essentially the same area, the
residents can see no justification in granting this zone change.
They are not against progress, but progress as they see it is an
action which benefits the entire community.
They are concerned that this proposed zone change would
open the floodgates for additional C-2 zoning on the vacant land
to the south. He stated that this development would threaten the
peace,
areas.
tranquility and property values of the surrounding residential
Other persons speaking in protest to the proposed zoning
were as follows:
Sid Sheffield
4009 Oro Vista Avenue
Mrs. Robert Morrisey
205 South Real Road
Fred Stassel
3701 Oro Vista Avenue
David Patterson
4009 E1 Dorado
Mrs. Wesley Moore
2016 Driftwood Street
Mrs. Thelma Konzack
4521 Meadowlark Way
Mrs. Robert Hewett
2029 Driftwood Street
Robert Holland
3819 Stokes Avenue
Bakersfield, California, February 24, 1970 - Page 13
All of the persons opposing the proposed zoning stated
they believed when they purchased their homes that they were in a
serene, well planned, residential district with assigned areas for
apartments and commercial zones and that the area would develop
the way it had been planned and represented. This was told to
them by realtors and shown to them on City zoning maps. They
feel that this proposed zoning would jeopardize their homes, and
be an invasion of their privacy. Also, the lighting from this
commercial area would be infringing on their property, as it would
light the area for a distance of 1000 yards. It was brought out,
that during the Christmas season, Zody's remains open until mid-
night, which would be obnoxious to the people in the neighborhood.
Mayor Hart then asked those people interested in speaking
in favor of the proposed zoning to address the Council. Mr. Rober~
W. Karpe, representing the partnership which is developing the
property, presented a petition signed by 471 persons, in favor of
the zone change, to the Council. He stated that they do have a
different plan than was presented at the last Council hearing.
They have made substantial changes that are beneficial to the
area.
He stated that this plan has been approved and supported
by the Planning staff and has been approved unanimously by the
Planning Commission. This is not a question of whether or not
there will be commercial use in this area, most of the area is
already zoned commercial. This is a question of whether it will
be large enough for proper development with more than adequate
parking; or does the Council want a strip zone that will grow
like Topsy. Every single adjacent property owner supports the
zone change.
Councilman Vetter asked Mr. Karpe if he had made a
statement at the Planning Commission meeting that this project
would fit on the property that is now zoned C-2. Mr. Karpe
replied that he did, that Zody's Store itself will fit on the
Bakersfield, California, February 24, 1970 - Page 14
exisfing zoned property, but that does not mean that Zody's will
take it, they want a property large enough to provide a complete
service, to provide adequate parking, they want something nice,
or not at all.
Mr. John Aaron, the Real Estate Manager for Zody's, stated
that their company is looking forward to coming to Bakersfield.
Their reasons for choosing this particular property are that, in
their opinion, Ming Avenue is the prime commercial street of
Bakersfield, and the arterial is zoned for commercial use on both
sides from the freeway to Stockdale Highway. They need the addi-
tional commercial acreage because of the size of the building and
proper planning dictates the additional property. They have worked
with the Planning staff and have come up with a practical, bene-
ficial plan, one that provides more than the normal setbacks from
Akers Road and the south property line, and one that provides
adequate landscaping and walls to enclose the parking lot and
keep trash off the streets. They feel thai they are going to
provide adequate screening and landscaping. They are proud of
their buildings and developments in other areas. They feel certain
that this project will be welcome in Bakersfield on completion.
Councilman Vetter asked what the normal hours of this
company are, and Mr. Aaron stated the normal hours are from 10:00
A.M. to 9:00 P.M., and during the past holidays the store openings
were extended to midnight because it was dicfated by the practices
of their competitors in Los Angeles and Orange County areas. They
are open on Sunday from 9:00 A.M. to 7:00 P.M.
Mr. Leonard Schroeder, 4004 Madrid Avenue, addressed the
Council, stating that he is the Architect for the proposed project,
and elaborated on the substantial changes from the previous applica-
tion which had been made at the suggestion of some of the neighbors,
of the Council members at the previous hearing and in conferences
since thaf hearing. Mr. Schroeder read a letter from Karpe Real
Estate Center, signed by Robert W. Karpe, as follows:
Bakersfield, California, February 24, 1970 - Page 15
During the recent discussions having to do with the
zoning of the area south of Ming Road and fronting
along Akers Road for approximately 640 feet, it has
been evident that most of the people involved, feel
that the area on further south, being that area
immediately west of the Meadowood Subdivision should
logically be developed C-O and R-3.
The partnership which owns this property agrees that
this is a logical use and would be logical future
zoning, and hereby promises for a period of five
years not to apply for C-1 or higher zoning on the
area in question, being south of the south line of
Sorranno Street, across from Meadowood and fronting
on Akers Road.
It is agreed that this letter will be binding on the
developer, and any subsequent purchaser, unless an
agreement to change is reached by a unanimous vote
of the City Council.
Councilman Stiern questioned the legality of binding
any subsequent purchaser of this property as stated in the letter,
or bind any future City Council in this regard. Mr. Schroeder
stated he felt if would be by way of a deed restriction, not
necessarily on the City Council, but binding on the owner of the
property.
Assistant City Attorney Don Davis commented that a deed
restriction such as the letter is more of a letter of intention
on the part of the developer. If he were to transfer this land
to another developer or owner, restrictions could be included in
the grant of the property by agreement between the people involved
and would be binding on any subsequent owner.
It was pointed out by several persons, that the tax base
provided would benefit the Panama Union School District and Mayor
Hart read the following letter from the Panama Union School District
into the record:
This is to clarify our letter of December 22, 1969,
regarding commercial development in the Panama
Union School District.
At our Board meeting of February 10, 1970, it was
brought to our attention that our letter of December
22, 1969, which was presented to the City Council
needed clarification.
Bakersfield, California, February 24, 1970 - Page 16
This Board goes on record as favoring commercial
development in the Panama Union School District,
but the Board of Trustees of the Panama Union
School District takes no stand on any specific
plan or zoning matter.
We hope this letter will clarify the thinking of
the Council regarding the stand o£ the Board con-
cerning this and future commercial development in
this school district.
The following persons expressed support for the proposed
rezoning of this property:
Earl R. Warford
4708 Flicker Drive
Frank Munoz
3501 Ming Avenue
E. L. Armstrong
320 South Garnsey
Bill Paige
3901 Ming Avenue
Mike West
Barbara Street
Mrs. Frank Munoz
3501 Ming Avenue
William McClure
2706 Pasadena Street
Virgil Clarke
2321 Akers Road
Richard M. Hunt
3900 Madrid
Rev. Charles D. Wilkinson
2400 Echo Avenue
John McVay
4312 Starling Drive
Mayor Hart permitted rebuttal by Mr. John LaBouff and
Mr. Tom McCoy, and Mr. Sam Hardy of 2604 Juniper Court, and Mr.
Sid Sheffield.
Mr. Robert Karpe stated that they believe it is a proper
and beneficial plan, there are no single family residences facing
this property, the shopping center will be hundreds of feet away,
the best buffered one in town. He urged the Council to approve
the rezoning.
Mayor Hart then closed the public portion of the hearing
for Council deliberation and discussion. Councilman Vetter stated
that the people who purchased their property in this area adjacent
to an R-1 zone should have the right to retain this zoning, unless
it becomes a matter of public necessity that it be changed. These
property owners were specifically told by the realtors that this
area would remain R-1. He therefore cannot see that the people
who are directly affected should be subjected to a zone change
Bakersfield, California, February 24, 1970 - Page 17
when everyone in the immediate neighborhood objects to it. Once
this project goes in, if it is detrimental to the neighborhood,
no one or the Council can do anything about it.
Councilman Heisey stated that it seems that the point of
contention is whether a buffer is needed and how large it should
be. Everyone is reconciled to the fact that it is going to be
commercial developed and they do not object to Zody's if it is
properly buffered. He stated he does not think it is necessary
for him to reiterate all the points in favor of.this project; such
as the property tax, the sales tax that will generate for the City,
plus the school taxes for Panama School, jobs for local citizens.
This is an orderly development for the City of Bakersfield, the
Planning Commission has unanimously recommended it and without
some other information, he is inclined to support the Planning
Commission's recommendation. He asked Mr. William Rowland, who
is a Landscaping Architect, to elaborate on landscaping plans for
the project. Mr. Rowland complied with Councilman Heisey's
request.
Councilman Stiern commented that the thing about voting
against the proposal at the last hearing that bothered him was
that commercial property carries a tremendous tax load for resi-
dential property and he likes to see commercial property go in,
if possible, and carry that load. The thing that bothers him is
that it represented the worst example of contrasting zoning where
C-2 abuts right up to R-1. The thing that bothers the people who
live in the immediately adjacent residential area to the east of
this, is their very real fear that if this goes in as planned with
no real assurance of zoning or screening to the south, that there
could be a continued commercial encroachment down the west side of
Akers R~ad. Akers Road is going to be widened, the east side of
Akers Road has been appropriately planned and although there are
yards backing up to a busy street, walls have been constructed to
protect them. Something is going to have to happen on the west
Bakersfield~ California, February 24, 1970 - Page 18
side of Akers Road and he does not think it should be R-1 property.
He therefore proposed that a 90' by 210' parcel located at the
southeast boundary of the proposed zoning be zoned R-3, and houses
be constructed between the commercial complex and Akers Road, to
act as a buffer and afford protection to the residential property
owners. This type of transitional zoning from heavy C-2 to
across the street would effectively assuage the fears of the people
in this neighborhood~ and he offered the proposal to the Council
for consideration.
Councilman Rees asked Mr. Karpe if he would build apart-
ments on the property immediately south of the wall~ and Mr. Karpe
stated he thought they might consider four-plexes here and he would
say thai the first one would be started within fifteen days after
the acquisition of the property by Zody's. Mr. Aaron stated if
the zoning is approved they expected the escrow to be closed
within 45 days.
Mayor Hart asked Mr. Aaron if the zoning was not approved,
would his company still consider the Karpe property. Mr. Aaron
stated that from their planning standpoint, it would be physically
impossible to develop the site, without the additional area for
parking in front of the store where it should be.
Councilman Rees commented that he voted against this re-
zoning the last time it was up before the Council. He thinks
everyone should have good and sufficient reasons for changing
positions on a matter like this, and he would like to indicate
that the willingness to compromise on the part of the developer,
the willingness of the developer to submit an agreement in writing
about future use of the property~ and his agreement to construct a
buffer of apartment houses~ are sufficient reasons to take another
look at the proposition presented to the Council at this time.
Councilman Bleecker stated that the comments just made by
Councilman Rees are applicable to his thinking. He voted against
this reconing the last time it came before the Council and he has
Bakersfield, California, February 24, 1970'- Page 19
now changed his mind and will not oppose the rezoning. He cited
his reasons for this by stating the following:
1. The moving of the property north and the store
west, further away from the residential area
where the people live who are in opposition to
this rezoning.
2. The landscaping or the construction of apart-
ment houses, which will further buffer this
area.
3. The letter of intention not to apply for a C-1
or higher use for at least five years and to
make this a deed restriction.
4. The fact that in his opinion the Zody operation
will be more beneficial than strip zoning,
which could very well occur.
Councilman Rucker commented that with the modifications
and the compromises made by Mr. Karpe, his vote will remain the
same as it was at the last hearing, that he will not oppose the
rezoning.
Councilman Vetter stated this area is in his Ward and
to reflect the views of the people who reside in this Ward, he
would move that the application for the rezoning be denied.
Councilman Heisey offered a substitute motion to adopt
Ordinance No. 1847 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
between Stine Road and Akers Road and approximately 400 feet south
of Ming, with the condition that the Planning Commission be
instructed to consider the zoning of the property immediately
south of this area at their next meeting, and subject to the
construction of the wall around the property as shown on the plan,
with landscaping as discussed tonight by Mr. Karpe and Mr. Rowland,
and also the construction of apartments
wall within 15 days of the commencement
Assistant City Attorney Davis
immediately south of the
of the Zody's building.
pointed out that there
might be some problem with setting 15 days' time for commencing
construction on the apartments, and after discussion, it was
Bakersfield, California, February 24, 1970 - Page 20
decided that in order to allow sufficient time for holding public
hearings before the Planning Commission and the Council on the
rezoning of the property immediately south of this area, the time
limit should be placed at 90 days after the close of the escrow.
Vote was then taken on the motion, which carried as
follows:
Ayes:
Noes:
Absent:
Council,
adjourned at 11:58 P.M.
Councilmen Bleecker, Heisey, Rees, Rucker
Councilmen Stiern, Vetter
Councilman Whittemore
Adjournment.
There being no further business to come before the
upon a motion by Councilman Bleecker, the meeting was
Calif.
ATTEST:
· -~ ~ e~
C x ici the Council
of the City of Bakersfield, California
Bakersfield, California, March 2, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., March 2, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Harry
Berg of the University Avenue Christian Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees,
Absent: None
Rucker,
Minutes of the regular meeting of February 24, 1970
were approved as presented.
Scheduled Public Statements.
Mr. Lawrence Hays addressed the Council, stating that he
represented a group of concerned parents from the College Heights
School. He called the Council's attention to the traffic problem
which will be created by west-bound traffic on Height Street which
will be used as an access to the Haley Street on-ramp to 178 Free-
way. Children living south of the freeway will have to cross
this street to get to school. The present
not cross the extension of Height Street.
signals will be installed, but the parents
walkway stops and does
He understands that
feel the young children
will be in danger as they will not understand how to properly use
the push button signals and there will be no supervision there to
keep the children from darting out in the street while they are
waiting to cross, which will create a very serious traffic hazard.
They have discussed the matter with Assemblyman Kent
Stacey who told them it has been almost impossible to get the
Division of Highways to act to correct this. Mr. Hays asked the
Council to urge the Division of Highways to improve the access to
178 Freeway to eliminate the traffic hazard.
Stiern, Vetter, Whittemore
Bakersfield, California, March 2, 1970 - Page 2
Councilman Heisey pointed out that when the original
plans were prepared, this area was in the jurisdiction of the
County of Kern but has more recently been annexed into the City.
The City, by Resolution, did go on record requesting that on and
off ramps be installed at Mr. Vernon Avenue and the County adopted
a similar Resolution. However, the Division of Highways has
chosen to ignore the requests. He asked the City Manager if a
Resolution could be adopted by the Council asking the State to
extend the pedestrian overcrossing north beyond Height Street to
eliminate the traffic hazard.
Mr. Bergen commented that the Council has already adopteel
three different Resolutions at three different times in an attempt
to get the State to resolve this problem. The Division of Highways
has committed itself to re-evaluate the traffic after the project
is completed, and he believes that they will follow through on
this. After they have submitted a recommendation, the Council
could then request that they extend the pedestrian overcrossing.
However, the Council certainly could adopt another Resolution,
there would be no problem with that.
Councilman Heisey then asked the City Attorney to draw
a Resolution asking for State action and submit it at the next
Council meeting, stating he would get together with him on it.
Councilman Whirremote stated he was thinking the same
thing, it is urgent that the Council adopt the Resolution. He
also wants the Council to obtain its own cost breakdown to find
out what it would cost to construct the pedestrian overcrossing
over Height Street, if the Council is not able to encourage the
State to proceed with it.
Councilman Bleecker commented that it might be a good
idea to enlist the aid of the two Assemblymen and the State Senator
to urge the Division of Highways to construct this pedestrian
crossing.
Bakersfield, California, March 2, 1970 - Page 3
Councilman Stiern commented that Councilman Heisey will
probably want to work with the City Attorney's staff and repre-
sentatives from the area to put the Council on record with a
suitable Resolution to the Division of Highways and to draw up
the necessary letters and telegrams to be sent to the City's
representatives in Sacramento to implement the Resolution.
Correspondence.
Upon a motion by Councilman Stiern, communication from
A. R. Crafts, Mayor of Maricopa, regarding the City-County sharing
of the one cent sales tax, was received and ordered placed on file,
with copies to be made available to the public or the news media,
and referred to the City-County Cooperation Committee for study.
Upon a motion by Councilman Bleecker, authorization was
granted to Mayor Donald M. Hart to expend $400 from Account No.
11-515-5000 - Entertaining Public Guests, for the purpose of
entertaining the Mayor and Councilmen of Wakayama, Japan, as well
as other leading citizens in the community, while visiting in
Wakayama in May of this year.
Council Statements.
Councilman Bleecker read a communication from Mrs. Harlen
Van Alstyne, stating that she is very much opposed to federal aid
for the purchase of new city buses, as federal aid means federal
control. She asked each member of the Council to consider this
matter more carefully and come up with another solution to the
plight of the City Bus System.
Councilman Vetter stated he respects Mrs. Van Alstyne's
opinion and she has raised many good points, however, the Council
must keep in mind that it is accepting only the citizen's own tax
money which is being returned to the community from Washington.
Councilman Bleecker pointed out that federal aid is the
only way to obtain funds to accomplish certain projects and asked
Mr. Hoagland if the request for federal funds to supplement the
Bakersfield, California, March 2, 1970 - Page 4
budget to purchase new buses would give the federal government any
control over the City. Mr. Hoagland stated that this question
came up at the time the application was made and it was answered
negatively. If the City qualifies, it will merely be a grant on
a sharing basis, without any particular control.
Mr. Bergen said there would be restrictions restraining
the City from selling the new buses and putting the money in the
City Treasury, but the restrictions would only be related to those
buses purchased with federal funds.
Councilman Bleecker commented thai he would never support
federal aid to Police Departments or law enforcement officers where
the federal government might attempt to instruct the City how to
run its Police Department.
Councilman Whittemore stated that this bus application
was discussed thoroughly by KERPAC and the only federal requirements
for making application for transportation funding was that the
buses must be used on local routes to provide transportation for
the community and cannot be sold for a profit. The City has been
very selective in making applications for federal funds. If the
Council does not obtain federal aid, then the local taxpayers are
forced to foot the bill.
Councilman Stiern commented that everyone seems satisfied
that the City should be in the bus business as long as the bill for
the loss sustained by the bus system is paid by the City taxpayers.
The Council is always open to suggestions from anyone for improve-
ment in operating this system. As long as income taxes are paid
in Washington by people in California, he doesn't see anything
wrong with requesting federal funds on a no-string basis for such
a cause as the local transportation system as long as the integrity
of the local government is not damaged.
Councilman Heisey commented that everyone knows that is
a losing proposition and the City would gladly give the buses to
anyone who would take them off its hands, as it was a matter of
necessity that the City picked up the franchise several years ago
and has been operating at a loss every year. If the Federal
Bakersfield, California, March 2, 1970 - Page 4a
by Mayor
members of
February 1,
Upon
Hart of Mr. Vincent Casper and Mr.
the Redevelopment Agency, for a
1974, was approved.
Government is willing to put up 50% of the purchase price of new
buses, the City would be very foolish not to take the funds.
Councilman Heisey called attention to the fact that the
Interstate Commerce Commission will hold a hearing at 9:30 A.
on Tuesday morning, March 3, 1970, in the Federal Building, for
the purpose of examining the application of the Santa Fe Railroad
to discontinue one of its passenger. trains from San Francisco to
Bakersfield. This is not in the best interests of the community,
and he urged all interested groups to be present at the hearing
to express their views on the matter.
He also commented on the redevelopment of downtown
Bakersfield. He stated he thinks it is incumbent on the Redevelop--
ment Agency and the Council to get a very clear-cut answer from
the Federal Government in regard to the NDP application for a
federal grant. It appears that these funds are not going to be
forthcoming, and the downtown businessmen should be informed as
to whether or not the proposal will be rejected or approved, so
that they can go ahead with their own plans for revitalization.
Many of them have been waiting for almost two years to remodel,
etc., but have been reluctant to go ahead because they were part
of the Redevelopment Program.
Councilman Vetter commented that unless someone really
pursues an application of this type in Washington, it is pigeon-
holed without any action being taken. He suggested it might be
to the City's advantage to send a representative to Washington
to determine the status of the application.
Mr. Bergen stated he would phone Congressman Mathias
and attempt to get some information relative to the NDP application.
Mayor Hart asked that the Council be informed as soon as any
information is obtained from Congressman Mathias.
Reports.
a motion by Councilman Stiern, the reappointment
Theron Taber; as
four year term expiring
Bakersfield, California, March 2, 1970 - Page 5
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 3027
to 3100 inclusive, in amount of $16,499.84, as audited by the
Voucher Approval Committee, were allowed and authorization was
granted for payment of same. Authorization was granted to transfer
$1,695.41 from Fund No. 11-510-6100 to Fund No. 11-510-5200 for
payment of taxes which had not been budgeted.
Adoption of Ordinance No. 1848 New
Series of the City of Bakersfield
amending Section 17.56.020 of the
Municipal Code (Schedule of Off-
Street Parking Requirements).
Upon a motion by Councilman Heisey, Ordinance No. 1848
New Series of the Council of the City of Bakersfield amending
Section 17.56.020 of the Municipal Code (Schedule of Off-Street
Parking Requirements), was adopted by the following vote:
Ayes:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Adoption of Ordinance No. 1849 New
Series of the Council of the City
of Bakersfield adding Chapter 1.90
to the Municipal Code relating to
Riots, Mob Action, or other Civil
Disobedience; providing for emergency
regulations to preserve the peace
and order of the City; and providing
penalties for violation thereof.
Councilman Rucker questioned the constitutionality of
proposed Ordinance adding Chapter 1.90 to the Municipal Code re-
lating to Riots, Mob Action or other Civil Disobedience, providing
for emergency regulations to preserve the peace and order of the
City, and providing penalties for violation thereof, and asked Mr.
Hoagland if it had been checked with the Attorney-General's Office.
Mr. Hoagland stated this has not been done, as his office does not
ordinarily have access to the Attorney-General's Office. This
Ordinance was drawn from one proposed by a national organization
which he belongs to, and it follows a pattern of those in other
cities throughout the State.
54
Bakersfield, California, March 2, 1970 - Page 6
Councilman Rucker asked if the Police Department is not
automatically obligated to protect the citizens in case of mob
violence without adopting this Ordinance. Mr. Hoagland stated
that the Police Department does have that obligation~ but this
Ordinance goes beyond that, in that it authorizes the closure of
bars, liquor stores, gasoline stations and gun shops, etc., if it
was thought necessary to do so in order to protect the public;
also, it bans the carrying of certain objects such as bricks~
bottles~ rocks~ clubs~ guns~ etc. At the present time the Police
Department is not authorized to close speci£ic types of businesses
during riotous'situations.
Councilman Stiern remarked that he is surprised the City
does not already have an Ordinance of this type, he thinks it is
long overdue. Councilman Vetter commented that he can see Council-.
man Rucker's point that the City should already have laws which
would handle this problem~ but the point is that it does not, and
this Ordinance gives the Police Department authority in emergencies.
Councilman Heisey stated that there isn't anyone on the
Council who does not believe in law and order, and he moved to
adopt the Ordinance with the addition of the word "approved" at
the end of the first line of Page 3, which would permit approved
news personnel to cover disturbances. Councilman Vetter stated
he would like to see the Ordinance adopted as written, as he
thinks it would present problems to change it.
Councilman Whittemore stated that he was not present at
the last Council meeting and has not had time to study the Ordi-
nance~ therefore~ he would like to have any action deferred for
one week to give him a chance to analyze it thoroughly. If the
Ordinance is going to be more restrictive~ it is extremely important
to proceed with caution. He of£ered a substitute motion to
Bakersfield, California, March 2, 1970 - Page ?
Councilman Heisey's motion,
week.
After additional discussion, vote
stitute motion which failed to carry by /he
vote:
Ayes:
Noes:
Absent:
that the matter be deferred for one
was taken on the sub-
following roll call
Councilmen Rees, Rucker, Whittemore
Councilmen Bleecker, Heisey, Stiern~ Vetter
None
Councilman Bleecker suggested that the Ordinance be read
so that Councilman Whittemore would be familiar with its contents,
and the City Clerk read the Ordinance in its entirety.
Councilman Stiern stated he has read this Ordinance and
he does not consider it repressive, it is a useful instrument for
the people to use who are pledged to keep the peace and make the
City a safe place for its citizens.
Councilman Rucker again expressed the belief that the
City has had adequate laws to protect its citizens on the books
for several years. Mr. Hoagland pointed out that the City has
never had a riot, and Councilman Rucker insisted that the City
has had disturbances in the past which the Police Department has
controlled.
Councilman Bleecker then moved that Ordinance No. 1849
New Series of the Council of the City of Bakersfield adding Chapter
1.90 to the Municipal Code relating to Riots, Mob Action or other
Civil Disobedience; providing for emergency regulations to preserve
the peace and order of the City; and providing penalties for vio-
lation thereof, be adopted. Councilman Vetter stated he would
support the Ordinance.
Councilman Whirremote commented that he didn't see any-
thing
week,
the powers of the Police Department.
Vote was then taken on the adoption of the Ordinance,
which carried as follows:
Ayes:
Noes:
Absent:
in the Ordinance which could not have been deferred for one
as most of it is already covered by other Ordinances regulating
Stiern, Vetter, Whittemore
Councilmen Bleecker, Heisey,
Councilmen Rees, Rucker
None
Bakersfield, California, March 2, 1970 - Page 8
Adoption of Minute Order modifying Bus
Fares and Charter Rates, effective
April 1, 1970.
Upon a motion by Councilman Heisey, Minute Order was
adopted modifying the present bus fares and charter rates, to
become e£fective April l, 1970:
Cash Fares
30~ for all passengers over 5
years of age when point of
origin is within the City Limits,
and 40~ when the point of origin
is outside the City Limits.
Transfers
Free. They provide one contin-
uous trip (no layover enrou-~
w~'~-~out paying an additional
fare when two or more buses are
involved.
Multi-Ride
(Students)
School Card. $]50 for l0 rides,
restricted to students of 12th
grade and below for trips be-
tween school and home (15~ per
ride).
Multi-Ride
(Non-Student)
Save-A-Ride Card. $3.00 for ll
rides. Restricted to rides
originating within the City Limits.
(Approximately 27~ per ride).
Ride & Shop
Free ride for a shopper by use
of a. validated ticket from par-
ticipating downtown merchants.
27~ per validated ticket, monthly
reimbursement to the City by DBA
(10% discount).
Charter Rates
$12 per hour with a 3-hour minimum
or 70~ per mile, whichever is
greater.
Councilman Rucker stated he was concerned about how the
increase would e£fect the people in his Ward who use the bus con~
stantly and especially utilize the bus on Sundays. He asked that
the Sunday service be continued, as there is a real need ~or it,
in some instances being the only means of transportation for the
people in his Ward.
Mr. Carl Chitwood, Transit Superintendent, stated that
by eliminating the evening and Sunday service, which involves only
two routes, there would be an estimated savings in operational
and capital outlay funds of approximately $300 per week. The
Sunday service earns about $20 to $23 per day, not enough to
cover expenses. He stated that there is little use of the bus
service in the evening as many of the passengers are women who
are reluctant to walk home from the bus stops after dark.
Bakersfield, California, March 2,
1970 - Page 9
Mr. Bergen commented that there is no requirement fo
retain these new rates indefinitely. If it is deemed advisable
fo evaluate the bus fares in three or four months in the unin-
corporafed area with the idea of raising the rate sfrucfure, if
can be done. Labor and maintenance, all the costs have gone up,
and at the presenf time the bus system is operating with a deficit
of $102,000, up from $60,000 several years ago.
Acceptance of Deeds and Mayor authorized
to execute Agreement from the Southern
Pacific Railroad Company for properties
necessary for the widening of Hughes and
White Lanes in Public Improvemenf Districf
No. 801-A.
Upon a motion by Councilman Whittemore, Right of Way
Deed and Easement for Storm Drain underneath tracks from the
Southern Pacific Railroad Company were accepted, and the Mayor was
authorized fo execute Agreement from fhe Southern Pacific Railroad
Company for properties necessary for the widening of Hughes and
Whife Lanes in Public Improvement Districf No. 801-A.
Adoption of Resolution of Intention
No. 851 of the Council of the City
of Bakersfield declaring its intenfion
to order the vacation of a portion of
Chico Street, in the City of Bakers-
field.
Upon a motion by Councilman Rucker, Resolufion of In-
tenfion No. 851 of the Council of fhe City of Bakersfield de-
claring its intention to order the vacafion of a portion of Chico
Street, in the City of Bakersfield, and fixing March 23, 1970 for
hearing on the matfer before the Council, was adopted by the
following vote:
Ayes:
Noes'
Absent:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vefter, Whirremote
None
None
Councilman Rucker asked Mr. Jing, Director of Public
Works, to notify all property owners within a 300 roof radius of
fhe date of fhis hearing.
Bakersfield, California, March 2, 1970 - Page l0
Request from J. Tipton Lewis and L. H.
Gibson for consent to commence annexa-
tion proceedings for that certain area
designated as Ming Avenue on the south,
Bianchi on the north, Real Road on the
east and Stine Road on the west, referred
to the Planning Commission for study and
recommendation.
Upon a motion by Councilman Vetter, request from J.
Tipton Lewis and L. H. Gibson for consent to commence annexation
proceedings for that certain area designated as Ming Avenue on
the south, Bianchi on the north, Real Road on the east and Stine
Road on the west was referred to the Planning Commission for
study and recommendation.
Adoption of Ordinance No. 1850 New
Series of the Council of the City
of Bakersfield amending Section
3.18 of the Municipal Code of the
City of Bakersfield by amending
Section 3.18.060.
After discussion, upon a motion by Councilman Whittemore,
Ordinance No. 1850 New Series of the City of Bakersfield amending
Section 3.18 of the Municipal Code of the City of Bakersfield by
amending Section 3.18.060, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absenf: None
Approval of Cooperative Agreement
with the State of California for
Modification of Traffic Signals at
24th Street and Oak Street.
After discussion, upon a motion by Councilman Bleecker,
Cooperative Agreement between the City and the State of California
for Modification of Traffic Signals at 24th Street and Oak Street
was approved, and the Mayor was authorized to execute same.
Acceptance of Sanitary Sewer Easement
from Stockdale Development Corporation.
Upon a motion by Councilman Stiern, Sanitary Sewer
Easement from Stockdale Development Corporation was accepted.
Bakersfield, California, March 2, 1970 - Page 11
Extension of Time granted Merco Con-
struction for construction of the
Stine Road - McCutcheon Road Inter-
ceptor Sewer, under City Contract
No. 85-69.
Upon a motion by Councilman Whittemore, additional time
of 15 working days extending the completion date of March 6, 1970,
was granted Merco Construction for construction of the Stine Road
McCutcheon Road Interceptor Sewer, under City Contract No. 85-69.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Vetter, the meeting was
adjourned at 10:00 P.M.
Calif.
ATTEST:
of the City of Bakersfield, California
Bakersfield, California, March 9, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., March 9, 1970
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Richard
Ober of the First Christian Church.
The City Clerk called the roll as follows:
Present:
Absent:
Mayor Hart.
None
Minutes of the regular meeting of March 2,
Councilmen Bleecker, Heisey, Rees, Rucker,
Stiern, Vetter, Whittemore
approved as presented.
Correspondence.
A communication from T. H. Davie, Captain,
and Director of the Navy/Marine Corps Exhibit Center,
that 10 original paintings by Walter J. Giordano are
1970 were
U. S. Navy,
advising
available
for exhibiting in Bakersfield, was read. Captain Davie stated
that due to a shortage of funds, it will be necessary for the
sponsor to pay the costs of transportation to Bakersfield and
return to Washington, which Will not exceed $150.00.
Mayor Hart commented that this is the first time the
United States Navy has permitted an artist from this community
to enter the combat zone to paint battle scenes. It is hoped to
display these paintings in the City Hall or in some other appro-
priate place within the community.
Councilman Heisey stated he thinks it is particularly
relevant that the community be permitted to view these pictures,
as Mr. Giordano is a Bakersfield artist. He feels there are many
interested people who would be willing to contribute to help pay
the costs of transportation of the art exhibit.
Mayor Hart commented that he would pursue the matter
with private sponsors and report back to the Council at next
Monday's meeting.
Bakersfield, California, March 9, 1970 - Page 2
Council Statements.
Councilman Bleecker placed the name of George Barnett,
Sr. in nomination to fill the vacancy existing on the Kern Mosquito
Abatement District Board of Directors, and moved that he be appointed
to fill out the two year term expiring December 31, 1971. This
motion carried unanimously.
Councilman Vetter commented that he did not feel that
certain statements made in a letter sent by Mr. Don Hoffman of the
Firefighters' Local 844 to Mr. Milton Terry of the Division of
Industrial Safety, were entirely correct, and asked the City Manager
to contact Mr. Terry when he arrives in town and express the City's
views on Mr. Hoffman's request for a complete survey of the safety
equipment of the Fire Department.
Councilman Vetter stated that the letter's connotations
are unfair to the City and to the Fire Department because the
breathing apparatus equipment which was budgeted in the 1969-70
Budget has already been requisitioned by Chief Paddock.
Mayor Hart asked Mr. Bergen if Mr. Hoffman had made any
inquiries of him relative to this equipment prior to addressing a
communication to Mr. Terry requesting a survey of the safety equip--
ment in the Fire Department and Mr. Bergen replied that he had not.
Mayor Hart suggested that Mr. Bergen point this out to Mr. Terry
because it would appear that the Council and the City Manager are
derelict in their duty to provide the Fire Department with the
proper safety equipment.
Councilman Bleecker stated that he did not think he had
received a copy of the letter in question and Mr. Bergen said he
would furnish all Councilmen with a copy.
Councilman Stiern commented that this is an example of
Union propaganda~ and if anyone wishes to come and examine the
safety equipment in the Bakersfield Fire Departments, they should
be encouraged to do so.
Bakersfield, California, March 9, 1970 - Page 3
Reports.
City Manager Bergen stated that about a month ago, the
County's Administrative Officer came out with a report with regards
to Tax Inequities and Sales Tax~ and this was submitted to all of
the Kern County cities. As a result, there was considerable dis-
cussion on the report and at the last meeting of the Association
of Kern County Cities, it was requested that the City Managers
present prepare a report which would be directed to all the cities.
Therefore, Gerald Minford~ City Manager of Delano and Executive
Secretary for the Association of Kern Counly Cities, Robert Kibbey,
City Manager of Taft, and Mr. Bergen, City Manager of Bakersfield,
prepared what they are calling a Report on County Service and
Taxing Inequities. He then reviewed the lengthy report and urged
the Council members to familiarize themselves with the contents.
The report was mailed today to all the Cities in the
County of Kern and was prepared at the request of the Kern County
Association of Cities~ Inc., in order to bring each City Council
in Kern County up to date on the City-County Inequity controversy
and to place the sharing of City Sales Tax Revenues with the
County in a more realistic and appropriate perspective.
The amount of City Sales Tax revenues presently being
shared with the County amounts to approximately $175,000, which
is less than 2~ on the countywide property tax rate. In comparison,
the 1969-70 Budget for the Road Fund totals $8,336,113, consisting
of at least $2,500.00 of subsidies from the cities of the county.
The time available to the City Managers for the pre-
paration of this report was limited, and consequently only a few
of the more financially significant areas of concern to the cities
were investigated and are reported herein.
The items discussed in this report pertain to all of the
cities in the County. Those problem areas peculiar to only a few
of the cities should be discussed individually by the respective
City Councils with the Board of Supervisors in the hope that they
can reach satisfactory agreements.
Bakersfield, California, March 9~ 1970 - Page 4
The County Administrator's Report has been analyzed
'with, specific attention being given to the offsetting revenues
listed in Attachment "F".
CONCLUSIONS
1. Millions of dollars in county revenues are collected
each year on a countywide population (and registered vehicle) basis
which are not shared with the cities. In addition, many of these
funds are spent only in unincorporated (noncity) areas. (Sub-
stantiation of this statement contained on Page l? - Sources of
Road Fund Revenues.)
2. The amount of money involved with the sales tax
issue is offset by more than 10 to 1 when compared with all of the
aspects of the inequity situation. Sales Tax Revenues are vital
to the cities, but are a relatively minor source of revenue with
the County. $175,000 is the total amount of Sales Tax shared with
the County. (Table on Page 10 shows impact of Sales Tax Revenue
relative to Cities.)
3. The overall picture emerges that the County of Kern
is of above average wealth with the wealth concentrated in the
rural areas and the population concentrated in urbanized but pre-
dominately noncity areas. The County tax base is 27% above the
state average~ whereas, the cities have a property tax base
(assessed valuation) significantly below the statewide average for
cities. Furthermore, Kern County would collect almost exactly the
state per capita average for counties if the cities did not share
their sales tax revenues~ or 15% above the state per capita average
if the cities shared at the 5% to 10% level. (Quotes from Stanford[
Research Institute Report on Page 5 supports these statements.)
4. The County has instituted financial practices which
discriminate against city residents in such a manner that the non-
city residents are subsidized by the cities. This is done by pro-
viding nonuniform services. This conclusion is substantiated by
the Kroeger Report (1951), State Legislative Committee Report (1953),
Stanford Research Institute Report (1967) and numerous Kern Count'y
Gra.nd Jury Reports.
64
Bakersfield, California, March 9, 1970 - Page 5
5. The County has made no apparent e~fort .to implement
recommendations of various Kern County Grand Juries, the Stanford
Research Institute Report and the Kern County Association of
Cities, regarding the maintenance and operation of Neighborhood
Parks in unincorporated urban centers. (Read the last Grand Jury
Report;.)
6. The County of Kern is different from most of the
larger counties. It does not share its Road Fund Revenues with
the cities and does not provide them,with road services despite
the fact that most o~ these funds are subvented to the County on
the basis o~ the population and number of registered vehicles of
the entire county. Likewise, the County does not place any of its
revenues from Tra££ic Fines into the General Fund as permitted by
law. (Page 20 - Copied directly from the annual Streets and Roads
Reports of the State Controller. .Lists County Revenues subvented
to other Governmental Agencies for Street or Road purposes, and
Kern County does not subvent any of its revenues. In the case of
Los.Angeles $21,578,062 is subvented, with the other counties all
subventing with the exception of Kern County.)
7. The o~fsetting revenues listed on Attachment "F" of
the County Administrator's Report do not give a true or complete
picture of services provided the noncity residents. A brief
examination of the County figures for 1968-69 reveals some glaring
omissions and duplications. Specifically, $49,000 of the Tran-
sient Occupancy Revenues were placed into the Fire Fund and cannot
be used as offsetting revenues as shown. The offsetting revenue
figure of $568,000 for Motor Vehicle In Lieu Taxes is received by
the County based upon the population of the County (both city and
noncity area residents) and cannot be honestly credited only to
the noncity areas. By substracting the $49,000 and the $568,000
from the offsetting revenue figures listed on Attachment "F", we
come to the total of $2,829,000 of offsetting revenues versus
the $3,217,000'for expenditures in the noncity areas. Rather
than a subsidy to the cities, it was the noncity residents who
were subsidized by the cities to the extent of at least $388,000
during 1968-69.
Bakersfield, California, March 9, 1970 - Page 6
There are a number of problems involved in analyzing the
inequities between the County of Kern and its cities. One of the
very important problems is to understand the principle of off-
setting revenues. The principles of the "Offsetting Revenues"
concept assumes that revenues and expenditures be related and
requires that the offsetting revenues truly come from the noncity
areas. It is difficult to relate noncity revenues to expenditures
for noncity services. It is even more difficult to agree upon an
equitable percentage of revenue to be attributed to the noncity
residents for those revenues received on the basis of total popu-
lation of the entire county.
Attachment "F" purportedly is based upon the same premises
as Table 8 of the Stanford Research Institute Report. The primary
difference between Table 8 and Attachment "F" is thai the latter
specifically avoids any analysis of Road Fund Revenues. Because
of the difficulties in applying the Offsetting Revenues concept,
we do not necessarily agree with the conclusion arrived at by its
application. This point is made clear by completing the entire
Stanford Research Institute quote regarding Offsetting Revenues
which is only partially quoted on Page 6 of the County Report.
The Complete Quotation follows:
"If the principle of these offsetting county revenues
is accepted, there was essentially no burden on the
countywide property tax for the cost of services not
provided to cities in 1964-65. (End of quote in
County Report.) Because the reasonably close relation
of county expenditures for noncity services and off-
Setting revenues is important and could possibly have
been accidental in 1964-65, the same analysis was made
of the county budget for 1966-67, the current fiscal
year. Noncity expenditures and offsetting revenues
again were approximately equal, but in the 1966-67
budget total budgeted noncity expenditures of $8.9
million exceeded total budgeted offsetting revenues
by $59,000, indicating an increase of about $1.0
million in two years in this type of county expendi-
ture relative to the offsetting revenues that can be
identified. If this trend continues, a possibly
remedy would be a road tax that applies only in the
unincorporated areas of the county."
Mr. Bergen commented that the County is not doing anything
illegal, it is perfectly legal for the County to expend the funds
where it wants, it may not be v.ery fair as far as the cities are
concerned, but at least it is perfectly legal. In going through
Bakersfield, California, March 9, 1970 - Page 7
the report, the City Managers tried to stay very factual, tried
to back up every statement with a chart from a source~ and they
hope that when the councils study the report some of these areas
will be clarified.
Councilman Vetter asked if this report was going to be
discussed at length at the Associated Cities meeting in Ridgecrest
on Thursday evening~ and Mr. Bergen said he would think so~ as
City Manager Minford has :sent out copies to each Councilman in
Kern County for study prior to the meeting.
Councilman Heisey remarked that the Bakersfield Califor-
nian did not have a reporter present at the meeting tonight and
since the paper has expressed considerable interest in this matter~
he would personally like to have the City Manager give them a
copy of this report and go over it with a representative of the
paper~ as he thinks it is important for the news media to know
the position of the City in this matter.
Councilman Bleecker commented that this is a'fine~ very
well documented report, and he wishes that all the citizens of
the community would have an opportunity to read it and understand
the problems the cities have with the Board of Supervisors.
Councilman Stiern stated that from some quarters allega-
tions have been made that all the financial problems with cities
stem from the City of Bakersfield; however, this report was pre-
pared by the City Managers of several cities who have'the same
problems with the County that Bakersfield has. They have done
an excellent job on this report.
Councilman Rees, Chairman of the Business Development
and Parking Committee, reported that the Committee had met with
representatives of the Downtown Businessmen's Association to
explore methods by which the City of Bakersfield can assist in
the solution of various problems in the downtown area. The DBA
requested that the Parking Ordinance be amended on a trial basis
so that the portions relating to parking meters will no longer
apply on Saturdays, as this Association feels that few people
Bakersfield~ California, March 9~ 1970 - Page 8
shop downtown on Saturdays and the present Parking Ordinance
restricts and discourages people from doing so.
Therefore~ the Business Development and Parking Committee
and the Downtown Businessmen's Association recommend that the
Parking Ordinance be amended so that meters will not be required
on Saturdays. This change will be of an experimental nature only
and will be £or an indefinite period o£ time. No changes to the
parking signs or meters are contemplated until a permanent decision
is made regarding the use o~ parking meters on Saturdays. It is
the recommendation o£ this Committee that the City Attorney be
directed to prepare .the necessary Ordinance so that parking meters
will no longer be required on Saturdays.
Councilman Stiern commented that the only thing he has
against the report is that it does not go far enough~ he wonders
i£ the Committee would consider abolishing the parking meters
entirely.
Councilman Heisey stated this is a good question~ but he
doesn't think the merchants are prepared to move that rapidly, they
want to try this on a trial basis for about six months and see how
it works out~ and eventually~ they may wish to remove the meters.
After some discussion, upon a motion by Councilman Rees,
the report was adopted. Mr. Hoagland suggested that the motion
include that £irst reading was given to the proposed Ordinance to
amend the Parking Ordinance.
Councilman Heisey commented that last week he and the
City Attorney had planned to prepare a Resolution requesting the
State Division o£ Highways to extend the pedestrian overcrossing
north beyond Height Street to eliminate the traffic hazard from
the ~reeway. They have been in touch with Mr. Van Voorhis~ Deputy
District Engineer~ of the State Division of Highways~ and will
have a meeting with him later in the week to discuss this matter.
They would prefer to wait until a~ter this meeting to present the
Resolution to the Council~ which will probably be at next week's
Council meeting.
Bakersfield, Californiai
March 9, 1970 - Page 9
Councilman Rees read a report from the Planning Commission
on the subject of Parking of Trailers and Campers at the Curb and
in the Front and Side Yard Setback Areas.
The Planning Commission has reviewed the problem of
whether the City should permit or prohibit the parking of campers,
house and recreational trailers and boats in the front and side
yard areas. It was the opinion of the Commission that Section
17.56.100 (Automobile Parking Regulations) of the Municipal Code
concerning parking in the front or side yards should be clarified
as the Ordinance as presently written prohibits the parking of
all vehicles, in the front and side yard area. The Commissidn
will consider the following amendment to Section 17.56.100 as set
forth at the next regular meeting of the Planning Commission:
"Neither the area of a required side yard abutting
a street nor of a front yard shall be used for
off street parking required by this Chapter.
Such provisions shall not apply in the "P" Zone."
It was further recommended that the subject be submitted
to the City Council with the following findings and observations:
Many areas of the City and unincorporated area
are without alleys thus prohibiting the storage
of such vehicles and equipment within the rear
yard.
Prohibiting the parking or storage of campers,
both on and off vehicles, motor homes, house
and recreation trailers, and boats in the
front and side yard setback areas would affect
several hundred residents of the City, there-
fore, the Commission would recommend widely
publicized public hearings on the subject, or
possibly a vote of the people should take
place before a determination is made.
If an Ordinance was adopted by the City pro-
hibiting the parking of said vehicles and
recreational equipment in the front and side
yard setbacks, the following points should be
considered.
(a) What facilities are available to store
said vehicles and recreational equipment.
(b)
If the County would not adopt a similar
Ordinance, what effect would subject
Ordinance have on the City's annexation
program.
Bakersfield, California, March 9, 1970 - Page 10
(c) If such an Ordinance were adopted, would
said vehicles and recreational equipment
be moved to the street where parking is
legal for a 72-hour period. If this were
to occur, said vehicles and recreational
equipment could be moved a few feet every
72 hours, thus creating a very difficult
enforcement problem for the City.
(d) Should the City require alleys or possibly
a ten to fifteen foot side yard setback on
one side of the lot to permit vehicular
access to the rear yard.
Several Councilmen expressed dissatisfaction with the
report, stating that the Planning Commission had been requested
to make specific recommendations to the Council in connection with
this~pToblem. It was pointed out that this was merely an interim
report made in response to Councilman Bleecker's request that the
Planning Commission submit some kind of report to the Council.
The Commission has stated that it will consider an amendment to
Section 17.56.100 as set forth in the report at its next regular
meeting.
Councilman Bleecker remarked that people know where they
want to park their cars, they want to park them in front of their
house, or in the driveway that leads to the house. He doesn't
like the statement in the Commission's report that the City possibly
should require alleys or a ten to fifteen foot side yard setback
on one side of the lot to permit vehicular access to the rear yard
area. He suggested that the Ordinance not be changed, that people
be permitted to use their driveways and park in front of their
homes as they have been doing for a number of years.
Councilman Whittemore stated he agreed with Mr. Bleecker,
that they can become too restrictive with some of these Ordinances
in an attempt to correct a few cases of violation of the parking
ordinance which causes annoyance to the neighbors. He can't see
any way to require subdividers to add another fifteen feet along-
side of the house to meet a parking requirement for trailers or
fhinks people should be permitted to p~rk on their own
boats, he
property.
Councilman Rees pointed out that the constituent of his
who was objecting to a large trailer obscuring the view from her
bedroom window was told by her attorney that the City has an
Bakersfield, California, March 9, 1970 - Page 11
Ordinance on its books which stated that nobody can park in the
front yard. That brings up the matter of amending the existing
Ordinance, which states that you cannot park in your front yard
or in the driveway beside your home. Whether anything further
is done, this Ordinance should be clarified in the interests of
eliminating ambiguity.
City Attorney Hoagland commented that if the Ordinance
remains as is, everyone who parks in the front yard is in violation.
There are two facets, one is to clarify the Ordinance now so that
front yard setbacks will not be classified as part of the required
off-street parking, and the condition will remain just as it is.
Subsequent to that time, after the Planning Commission has held
further public hearings, a report and recommendation will probably
be submitted to the Council. This report was not intended as a
final report, but was submitted because Councilman Bleecker had
requested the Planning Commission to submit something on the
status of the matter.
After some further discussion, Councilman Bleecker moved
that the City Attorney be instructed to prepare an amendm'ent to
Section 17.56.100 incorporating the wording as set forth in the
Planning Commission's report, that the rest of the Planning Com-
mission's report be rejected, and there be no public hearings on
whether or not trailers, campers or boats can be parked in the
area described in the paragraph set out in the Report.
Councilman Heisey stated that he concurs that this
Ordinance should be amended so that it is enforceable, but he does
think the Planning Commission should continue with public hearings
so that it can submit a conclusion to the Council.
Councilman Vetter stated Mr. Bleecker had made three
different proposals and he feels this motion should be separated,
as he would strongly support the holding of public hearings by
the Planning Commission.
Bakers£ield, California, March 9, 1970 - Page 12
Councilman Rees pointed out that the report from the
Planning Commission states that the Commission would consider an
amendment to Section 17.56.100 at its next meeting. He doesn't
see anything about this that makes it an emergency situation,
there£ore~ he o££ered a substitute motion that the report be
received and placed on £ile.
Councilman Stiern stated he would like to support the
substitute motion, as he doesn't think the Planning Commission has
indicated that it has completed its study. The Council has asked
the Commission to review the parking regulations with particular
reference to trailers and they should continue with their investi-
gation or hearings. Perhaps even a referendum by the people would
be appropriate.
Councilman Bleecker commented that he didn't think any
Councilman was opposed to amending the Ordinance to permit a
citizen to park his car in his own driveway. He s~t~ted he would
amend his motion to delete rejecting the report and restricting
the Planning Commission from holding hearings, and would move
that the Ordinance be amended to comply with what people are already
doing in the City of Bakersfield.
Councilman Vetter stated he would support the substitute
motion. What the Planning Commission is saying is that in its
opinion this should be changed and the Commission will consider
an amendment to the Ordinance at its next regular meeting. This
is what they have asked the Commission to do, and the Council should
allow the Planning Commission to make its study and then submit a
recommendation to the Council, as the Commission hasn't really
made a recommendation at this point.
Councilman Rucker agreed with Councilman Bleecker that
some action should be taken now as there is a problem with most
people being in violation o£ the existing Ordinance. He therefore
would support the original motion.
Bakersfield~ California, March 9~ 1970 - Page 13
Mayor Hart called for a roll call vote on the substitute
motion to receive the report~ which carried as follows:
Ayes: Councilmen Heisey, Rees, Stiern, Vetter, Whirremote
Noes: Councilmen Bleecker, Rucker
Absent: None
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 3101
to 3152 inclusive, in amount of $324,465.89, as audited by the
Voucher Approval Committee, were allowed~ and authorization was
granted for payment.
First reading of an Ordinance amending
Section 11.04.781(a) of the Municipal
Code of the City of Bakersfield estab-
lishing a 35 miles per hour Prima Facie
Speed Limit on Ming Avenue from the
easterly City Limits to the easterly
curbline of Wible Road.
First reading was considered given to an Ordinance
amending Section 11.04.781(a) of the Municipal Code of the City
of Bakersfield establishing a 35 miles per hour Prima Facie Speed
Limit on Ming Avenue from the easterly City Limits to the easterly
curbline of Wible Road.
Adoption of Resolution of Intention
No. 852 of the Council of the City
of Bakersfield, California, declaring
its intention to order the abandon-
ment of the dedication of Vehicular
Access Rights from Lot 51 of Tract
No. 1751 to Stockdale Highway~ City
of Bakersfield.
Upon a motion by Councilman Stiern, Resolution of In-
tention No. 852 of the Council of the City of Bakersfield, Calif-
ornia, declaring its intention to order the abandonment of the
dedication of Vehicular Access Rights from Lot 51 of Tract No.
1751 to Stockdale Highway~ City of Bakersfield, and setting
March 30~ 1970 for hearing on the matter before the Council, was
adopted
Ayes:
Noes:
Absent:
by the following vote:
Councilmen Bleecker, Heisey~ Rees, Rucker~ Stiern~
Vetter, Whirremote
None
None
Bakersfield, California, March 9, 1970 - Page 14
Approval of Request from Finance
Director for Transfer of Funds to
purchase used cash registering
machine from the City of Riverside.
Upon a motion by Councilman Bleecker, the following
Budget Transfer, as requested by Finance Director D. L. Haynes,
was approved:
Transfer From
Transfer To
ll 510 6100 $615.00 11 530 3900 $300.00
11 530 7100 315.00
$615.00 $615.00
The City Internal Auditor and the Finance Director
have recommended streamlining the present methods
of daily cash balancing by updating the cash regis-
tering mechanisms in the Treasury Division. It is
recommended that the City replace the three old
receipting machines with one modern machine. The
cost of a new modern machine is estimated to be
$5,170.00. The City of Riverside, however, has a
used machine of this type which they will sell to
Bakersfield for $315.00, including tax. It is
estimated that the machine may require up to
$300.00 in initial servicing by local maintenance
men to put it in first class service. The Finance
Department's 1970-71 Budget request can be reduced
by $5,170.00, if the Riverside machine is authorized
for purchase.
Approval of Revised Annexation
Boundaries of properties known
as Auburn #2 Annexation.
Upon a motion by Councilman Rees, revised annexation
boundaries of properties known as Auburn #2 Annexation were approved
and referred to the City Engineer and City Attorney for referral to
LAFC.
Approval of boundaries of property
located south of Bianchi, west of
99 Freeway and north of Ming Avenue,
designated as Curran #1 Annexation.
Upon a motion by Councilman Vetter, the boundaries of
property located south of Bianchi, west of 99 Freeway, and north
of Ming Avenue designated as Curran #1 Annexation were approved,
and referred to the City Engineer and City Attorney for referral
to LAFC.
Adoption of Resolution of the Planning
Commission recommending the initiation
of State Legislation prohibiting any
vehicle or trailer over 6 feet in height
from parking anywhere within 75 feet of
any highway intersection.
Upon a motion by Councilman Stiern, Resolution of the
Planning Commission recommending the initiation of State Legislation
Bakersfield, Cali£ornia, March 9, 1970 - Page 15
prohibiting any vehicle or trailer over 6 feet
parking anywhere within 75 feet of any highway
approved and adopted.
in height from
intersection, was
prevalent in most cities, one not
field, which cannot be handled on
problem of posting.
City Attorney Hoagland stated this matter should be
brought to the attention of the State Division of Highways or the
California Highway Commission, that is the highest level, and see
if their concurrence can be obtained. The Planning Commission
recommends that state legislation be introduced to amend the
Vehicle Code to prohibit vehicles or trailers over six feet in
height from parking anywhere within seventy-five feet of any
intersection in the State. The Commission felt this is a problem
peculiar to the City of Bakers-
the local level because of the
Acceptance of Work and Mayor authorized.
to execute Notice of Completion for
Contract No. 132-69 for construction of
Storm Drains in Chadbourn Street, 8th
Street and Planz Road.
Upon a motion by Councilman Rucker, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
for Contract No. 132-69 for construction of Storm Drains in
Chadbourn Street, 8th Street and Planz Road.
Approval of Agreement with the Arvin-
Edison Water Storage District for
Encroachment on Right of Way.
Upon a motion by Councilman Stiern, Agreement between
the City of Bakersfield and Arvin-Edison Water Storage District
for Encroachment on the Arvin-Edison Water Storage District Right
of Way was approved and the Mayor was authorized to execute the
Agreement.
Acceptance of Work and Mayor authorized
to execute Notice of Completion of Con-
tract for the construction of Sanitary
Sewer to serve Pierce Annexation No. 1.
Upon a motion by Councilman Bleecker, the Work Was
accepted and the Mayor was authorized to execute the Notice of
Completion of Contract for the construction of Sanitary Sewer to
serve Pierce Annexation No. 1.
7,5
Bakersfield, California~ March 9~ 1970 - Page 16
Hearings.
This is the time set for public hearing before the
Council of the City of Bakersfield to zone upon annexation to a
C-2-D (Commercial - Architectural Design) or more restrictive,
Zone~ those certain properties in the County of Kern located on
the west side of California Avenue approximately 450 feet north
of Stockdale Highway, known as California Avenue No. 2 Annexation.
This hearing has been duly advertised and posted and no
written protests have been filed in the City Clerk's Office. The
proposed zoning upon annexation of 3.35 acres of C-2-D is a part
of the overall development of the northwest corner of California
Avenue and Stockdale Highway.
There was no opposition expressed at the public hearing
held by the Planning Commission on February 4~ 1970, and accordingly,
the Commission recommends approval of the zoning upon annexation
as requested.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation. Upon a motion by
Councilman Stiern, Ordinance No. 1551 New Series amending Section
17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of
the City of Bakersfield~ was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees~ Rucker, Stiern~
Vetter ~ Whir temore
Noes: None
Absent: None
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Vetter~ t~ meeting was
adjourned at 9:40 P.M. /
MAY~f/'the City of Bakersfield, Calif.
ATTEST:
of the City of Bakersfield, California
Council
Bakersfield, California, March 16, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., March 16, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Manuel
Gaxiola of the Bethany United Methodist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker,
Stiern, Vetter, Whittemore
Absent: None
Minutes of the regular meeting of March 9, 1970, were
approved as presented.
Scheduled Public Statements.
Mr. John La Bouff of 2004 Driftwood Street addressed
the Council and referred to the action taken on February 24, 1970,
granting application by Mr. Robert Karpe to change the zoning
boundaries of that property located between Stine Road and Akers
Road and approximately 400 feet south of Ming Avenue, for the
purpose of building a Zody's Store. He reminded the Council thaf
Mr. Karpe had agreed, in response to a question from Councilman
Heisey, to build apartments along the south property line and to
date nothing has been started. He understands that Mr. Karpe is
requesting the entire block south of Zody's to be rezoned C-O,
and to the people in the neighborhood that is not the way to go.
He asked the Council in all fairness to make sure that Mr. Karpe
lives up to his promise, at the hearing, to build the buffer of
apartments between the R-1 and the commercial construction.
Councilman Vetter stated he has talked to Mr. La Bouff
about this repeatedly and agrees that it is most important to the
people in the neighborhood that these apartments be constructed
in such a manner as to protect these residents from the C-2
zoning. He asked the Planning Director to notify the people in
the neighborhood when the application is received to fezone this
Bakersfield, California, March 16, 1970 - Page 2
area. Mr. Sceales replied that the application will probably be
considered at the next Planning Commission meeting.
Councilman Heisey pointed out that the construction of
Zody's hasn't been started as yet, so he can see no reason to be
concerned about the apartments as the construction was supposed
to start concurrently. He asked Mr. Sceales if there was any
problem involved, and Mr. Sceales replied that there was none to
his knowledge. He stated the area was zoned R-1 at present and
Mr. Karpe could not start construction of aparfments, or whatever
he proposes to build there, without the Planning Commission holding
a hearing on granting the zone change. Councilman Heisey suggested
that if there were any questions~ the residents should call Mr.
Sceales £or clarification.
Councilman Stiern pointed out that Mr. Karpe had indicated
he would build a row of apartments across the south side of the
shopping center, four Councilmen accepted that promise in good
faith and voted accordingly~ and he thinks the Council should
move forward to grant any request by Mr. Karpe to rezone this
strip for multiple housing.
Correspondence.
A notice was received from the South San Joaquin Division
of the League of California Cities that the next meeting will be
held in Lindsay on Friday~ March 20, 1970. Guest Speaker will be
Mayor Edwin E. Wade of Long Beach, President of the League of
California Cities.
The City Clerk read a communication from Lawrence M.
Cox~ Assistant Secretary of the U.S. Department of Housing and
Urban Development, addressed to Congressman Bob Mathias, copy to
Mr. Robert E. King~ Chairman of the Bakersfield Redevelopment
Agency as follows:
This is in response to your inquiry about the
Neighborhood Development Program (NDP) Appli-
cation submitted by Bakersfield, California.
Bakersfield, California, March 16, 1970 - Page 3
Despite the fact that we have established the
most liberal funding level for the Neighbor-
hood Development Program which circumstances
permit during the fiscal year, we can only
fund a limited number of the large backlog of
NDP Applications which have been submitted.
It is unlikely that we will be in a position
to fund Bakersfield's NDP Application this
fiscal year. In view of this, we suggest
that the Bakersfield Redevelopment Authority
contact our San Francisco Regional Office to
explore the possibility of converting its NDP
Application to a conventional urban renewal
program.
Councilman Vetter stated there were a number of things
he cannot understand about this letter. It does not explain why
the NDP Application is not being considered for funding~ nor any
suggestions for changing the Application to make it more'acceptable
to the powers that
application should
program.
be in Washington. Also, it states that the
be converted to a conventional urban renewal
In working on this with the Budget Review and Finance
Committee for the last year, it was his understanding conventional
urban renewal programs were out of the picture, that the NDP
Application was the only way the project could be considered and
now they are suggesting the opposite. They indicated they have a
large backlog of NDP Applications. Bakersfield's Application was
submitted some time ago, and he questions whether Applications of
other cities who were granted their current year's funding under
an NDP Application were submitted sooner. There has been too
much effort expended on
and by many individuals
tells the City nothing.
by letter and asked why
this project by the City, by Empire Square:,
to just have it rejected by a letter that
He feels that Mr. Cox should be contacted
this NDP Application was not funded as
opposed to the applications being funded. He would also like to
know what the criteria is for funding these applications. It is
unfair to everyone concerned that the City of Bakersfield is not
on the list for obtaining a grant.
Councilman Stiern endorsed Mr. Vetter's statements. If
the money is not going to be granted to be spend here, the City
of Bakersfield has a right to know where it is being spent, and
Bakersfield, California, March 16, 1970 Page 4
why it won't be spent here. He also wondered if people in Bakers-
field do certain things that displease the bureaucrats in Washington;
just what is the reason this application was denied.
Councilman Bleecker commented that this letter doesn't
say "no", it says it is "unlikely" that they will be in a position
to fund Bakersfield's NDP Application this fiscal year. Also, the
letter isn't even signed by Mr. Cox, it is rubber-stamped. He
went on to say that if the City doesn't have the in£1uence in
Washington~ it is obvious that no money is forthcoming. This
letter is not acceptable to him as it doesn't say anything.
Councilman Heisey stated he thinks it is most important
that the Council and the Redevelopment Agency hold a meeting with
the City's consultants and obtain recommendations as to what the
next course of action will be. If the merchants know what is being
considered, they can either proceed with development on their own,
or they can sit still for another year and hope that the project
will be funded. These merchants have been waiting a long time for
something to happen.
Councilman Vetter commented he personally would appreciate
a "yes" or "no" answer on this matter. He would like very much to
have a letter written to Mr. Cox and ask the questions that are
bothering the Council, such as what criteria was used £or denying
the Application, why the change in HUD's thinking relative to
submitting a conventional urban renewal program, etc. As Chairman
o£ the Budget Review and Finance Committee, he would like to
personally compose a letter and direct it to this agency.
Councilman Bleecker agreed that a letter should be sent
and stated that he does not think the City should spend any more
money on this project than is absolutely necessary until HUD has
something more definite to o£fer on the proposal.
Councilman Whittemore stated he would have to agree
with each of the Councilmen. He pointed out that the same thing
has happened to the other incorporated cities in the County of
Bakersfield, California, March 16, 1970 - Page 5
Kern who have Applications in to HUD for very critical facilities.
He thinks the Council should take strong action on this and let
the people in Washington know how it feels, as all the cities and
the County of Kern are being ignored as far as funding is con-
cerned.
Councilman Bleecker then moved that Councilman Vetter
as Chairman of the Budget Review and Finance Committe~, write a
letter to Mr. Lawrence Cox requesting an explanation be made to
the Council of the reasons for the letter being phrased in the
fashion that it is and the specific intent of HUD regarding this
project. Councilman Bleecker requested that a copy of the letter
be mailed to Congressman Mathias for his information.
Council Statements.
Mayor Hart advised that sometime ago the City of Bakers-
field sponsored a contest for the best drawing of the American
Flag, to be used as an official flag of the City. This contest
was judged by the art instructors of the elementary schools and
a name of the winner was submitted to the Mayor for award of a
$100 Savings Bond. A Bond was forwarded to the winner, who sub-
sequently moved to Arizona. However, due to the mix-up which
occurred, another name was discovered on the back of the winning
poster and Mayor Hart asked for permission to award this young
man a $100 Bond. City Manager Bergen stated that there were
funds available for this purpose.in the Mayor's Budget.
Mayor Hart welcomed a large group of students from a
South High School Government Class, and also a number of Foreign
Exchange Students, who were present in the audience.
Reports.
Councilman Vetter read a Legislative Report prepared by
himself and Assistant City Attorney Don Davis on the subject of
pending legislation.
Upon a motion by Councilman Vetter, seconded by Council-
man Heisey, the Council went on record as opposing Assembly Bill
98 (Warren) which purports to settle any disputes as to wages,
hours and working conditions between cities and their Police or
Fire Departments by mandatory arbitrations.
Bakersfield, California, March 16, 1970 - Page 6
After discussion, upon a motion by Councilman Vetter,
the Council went on record as opposing Senate Bill 375 (Stiern
and Stacey) which requires a public entity such as the City of
Bakersfield to pay the cost of removing or relocating publicly-
owned utilities' facilities located in our streets or on our land
if these facilities were installed in accordance with approved
plans. Councilman Stiern commented that not only should opposition
be expressed to this Bill, but that the reasons be stated why it
will affect the City of Bakersfield and the County of Kern adversely.
Councilman Bleecker stated he would like the Attorney to write a
letter to Senator Stiern and Assemblyman Stacey inquiring of both
of them why they think this is a good Bill. Councilman Vetter
stated he would incorporate this suggestion in his motion, that a
letter be written later asking these legislators for their opinions.
Mr. Hoagland commented that this is an urgency measure. He also
pointed out that in letters written regarding pending legislation,
even though all the arguments for opposing certain Bills haven't
been brought out on the Council floor, if he runs across any reasons
which he believes are cogent, they are usually included in addition
to just expressing the Council's opposition.
After discussion, upon a motion by Councilman Heisey, the
Council went on record as vigorously opposing Assembly Bill 968
(Stull, Berryhill, MacGillivray, Burke) the purpose of which is
to place within the County Board of Supervisors the power to con-
trol and regulate the amount of money available during any fiscal
year to the Local Agency Formation Commission. Such purpose is
accomplished by requiring the Commission to submit its budget for
approval and thereupon provides that the Board shall furnish the
Commission only that amount of money which the Board has approved.
Councilman Stiern asked if the League of California Cities had
taken a position on this Bill. Mr. Hoagland stated he is of the
opinion that the League will oppose it. There was indication some
months ago that this type of legislation was going to be introduced
which would control LAFC's functions, and the League was alerted at
Bakersfield, California, March 16, 1970 - Page 7
that time. Councilman Heisey suggested that a copy of the letter
opposing the Bill be sent to the League for its information. Mr.
Hoagland stated it is the City Manager's belief that on anything
as important as this the City should testify at the hearings on
this Bill which will be held in Sacramento.
Councilman Whirremote, Chairman of the Governmental
Efficiency and Personnel Committee, read a report on the Building
Department Reorganization.
Since the City's Workable Program was recently accepted
by the Federal Government, it is necessary to reorganize the
City's Building Department. As the Council will recall in making
application for this Workable Program, approval was given for an
additional Building Inspector, effective January 1, 1970, and the
reclassifying of an Inspector II to a Housing Supervisor. At the
same time, tentative approval was given for an additional Inspector
I during the 1970-71 Fiscal Year. Since the time of applying for
the Workable Program, there was a death within the Building De-
partment of an Inspector III which meant several changes in the
recommended program. In essence the Committee is now recommending
reorganization of the Building Department as follows:
Building Inspector III to Senior Building Inspector No change in salary
Building Inspector II to Senior Housing Inspector 7½% increase
Building Inspector III to Building Inspector I 17~% decrease
2 - Building Inspector II position remain the same No change
One additional Building Inspector I, effective 7-1-70
One additional Building Inspector I, effective 7-1-71
Also, an additional Building Inspector I will be requested
during the 1970-71 Fiscal Year in accordance with the Workable
Program when the need arises, effective July 1, 1971.
Upon a motion by Councilman Whirremote, the report was
adopted and the recommendations contained therein were approved.
Bakersfield, California, Narch 16, 1970 - Page 8
Councilman Whittemore, Chairman of the Governmental
Efficiency and Personnel Committee, read a report on the subject
of the acquisition of a Tree Stump Remover. Ten months ago the
Department of Public Works began leasing a mechanical cutter for
tree stump removal on a trial basis. The terms of the lease agree-
ment provided that rental payments may be applied in their entirety
towards the purchase of the equipment. The Stump King has been
found to be very efficient and economical to operate and it is the
recommendation of this Committee to purchase the Stump King, as
the need and application of this piece of equipment have been
successfully demonstrated to the satisfaction of this Committee.
The sum of $5,250.00 has already been expended for renting of a
Stump King and an additional $757.21 will be sufficient to purchase
the tree stump removal equipment. After discussion, upon a motion
by Councilman Heisey, the report was adopted and the recommendation
of the Committee was approved.
Councilman Heisey reported that he, the City Attorney
and the Director of Public Works, had met with State Division of
Highways Officials and the Principal of the College Heights School
to discuss the construction of a pedrestrian overcrossing at Height
Street to ease traffic hazards near College Heights Elementary
School. Height Street will not be opened to traffic until after
school closes on June 11th. After it has been opened for about
a period of six weeks for traffic patterns to develop the State
will conduct traffic surveys to determine the flow and the amount
of traffic on Height Street. The studies will be evaluated and
submitted to the City and the school officials probably sometime
in August.
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 3153
to 3252 inclusive, in amount of $39,274.14, as audited by the
Voucher Approval Committee, were allowed, and authorization was
granted for payment of same.
Bakersfield, California, March 16, 1970 - Page 9
Action on Bids.
Upon a motion by Councilman Stiern, low bid of J. F.
Peterson for additions and alterations to Beale Park Outdoor
Theater was accepted, all other bids were rejected~ and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Vetter, low bid of D. K.
Moran Construction Co. for the construction of Sanitary Sewer to
serve California State College, Bakersfield, and adjacent areas,
was accepted, all other bids were rejected and the Mayor was
authorized to execute the contract.
Adoption of Ordinance No. 1853 New
Series amending Section 11.04.787(a)
of the Municipal Code of the City of
Bakersfield establishing a 35 miles
per hour Prima Facie Speed Limit on
Ming Avenue £rom the easterly City
Limits to the easterly curbline of
Wible Road.
Upon a motion by Councilman Vetter, Ordinance No. 1853
New Series amending Section 11.04.787 (a) of the Municipal Code
of the City of Bakersfield establishing a 35 miles per hour Prima
Facie Speed Limit on Ming Avenue from the easterly City Limits to
the easterly curbline of Wible Road, was adopted by the following
vote:
Ayes:
Councilmen Bleecker, Heisey~ Rees, Rucker, Stiern~
Vetter, Whittemore
Noes: None
Absent: None
Adoption of Resolution of Intention
No. 853 of the Council of the City of
Bakersfield declaring its intention
to order the vacation of portions of
various streets in Blocks 657, 688
and 658 in the City of Bakersfield.
Upon a motion by Councilman Rees, Resolution of Inten-
tion No. 853 of the Council of the City of Bakersfield declaring
its intention to order the vacation of portions of various streets
in Blocks 657, 688 and 658, in the City of Bakersfield, and setting
April 6, 1970 for hearing on the matter before the Council, was
Bakersfield, California, March 16, 1970 - Page l0
adopted by the following vote:
Ayes:
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
Series
Adoption of Ordinance No. 1852 New
Series of the Council of the City
of Bakersfield amending Section
11.12.050(e) of the Municipal Code
of the City of Bakersfield.
Upon a motion by Councilman Rees, Ordinance No. 1852 New
of the Council of the City of Bakersfield amending Section
11.12.050 (e) of the Municipal Code of the City of Bakersfield,
was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees,
Vetter, Whittemore
Rucker, Stiern,
Noes: None
Absent: None
Denial of request from Akron Stores
3009 Ming Avenue, to erect an interior
illuminated pole sign at an overall
height of 80 feet from grade to the
top of the sign.
Councilman Vetter asked what the Planning Commission's
policy was concerning a sign of this size in a D-Overlay zone.
Mr. Sceales, Planning Director, stated that it is the Commission's
policy to usually allow one sign for a shopping center, one pole
sign to advertise the shopping center and individual signs on the
front of the building. It is not set out in an Ordinance, but it
is policy established by the Commission. Councilman Stiern asked
if the Planning Commission recommended approval and Mr. Sceales
replied he would assume the Commission recommended denial because
it is against its policy. Councilman Stiern stated this applica-
tion for an 80 foot sign could apply to any one of the stores in
Valley Plaza, in which case there would be a great number of signs
in disorderly array which would not help the appearance of the
area. He therefore moved that the request be denied, which motion
carried unanimously.
Bakersfield, California, March 16, 1970 - Page 11
Authorization granted to advertise £or
bids for Brass Castings for Fire Hydrant
Adapters.
Upon a motion by Councilman Bleecker, the Finance
Director was authorized to advertise for the purchase of 585
Brass Castings for Fire Hydrant Adapters, and the Transfer of
$5,800.00 from Fund 11-510-6100 to Fund 11-640-8200 to provide
funds for this purchase was approved.
Councilman Stiern asked the City Manager if the City
was proceeding with adequate dispatch to purchase property for
another Fire Station in the area adjacent to Cali£ornia Avenue
and Stockdale Highway, as property values in that area are in-
creasing.
Mr. Bergen stated they have been extremely careful in
selecting a site for the Fire Station~ they wish to avoid locating
a Fire Station on a fringe area. A tentative meeting has been
set up with the Budget Review and Finance Committee so that the
Committee is aware of the implications of the site, and a report
and request for transfer of funds will be made to the Council.
Mr. Vetter asked Mr. Bergen if he had contacted Mr.
Milton Terry relative to the letter sent to him by Mr. Don Hoffman
for a survey of the safety equipment in the City's Fire Stations.
Mr. Bergen stated the State had come in and investigated all the
equipment and will make a complete report to the City, which will
then be submitted to the Council.
Councilman Vetter asked if Mr. Terry's presence in
Bakersfield was the result of Mr. Hoffman's letter, and Mr. Bergen
replied that the State would not have come into the City without a
complaint being made to them.
Councilman Bleecker said he had many thoughts about Mr.
Hoffman's letter, and he thinks since the Fire Chief is the head
of the Fire Department, which is a semi-military organization,
that any request for any outside investigations of equipment in
the Fire Departments ought to be channeled through the Chief. He
Bakersfield, California, March 16, 1970 - Page 12
asked the City Manager and the City Attorney to advise him whether
he was becoming involved in Labor-Management Relations, if he made
the motion that requests for any surveys, investigations of equip-
ment, personnel or policy of the Bakersfield Fire Department must
be by Minute Order of the Council, channeled through and made by
the Fire Chief at his discretion.
Mr. Bergen stated he thinks the City Council could take
that action for any official request from the City of Bakersfield,
but he does not think the Council could take this action and pre-
clude an Employees' Association or an employee from making a
request as it effects him.
Councilman Bleecker stated that personally he thinks
some of Mr. Hoffman's requests are reasonable, but there can't be
four or five people running the Fire Department, the Fire Chief
has to do this.
Councilman Vetter stated he agreed with Councilman
Bleecker's concept of how the department should be managed by the
Fire Chief; however, he thinks it would be very difficult to pass
an Ordinance preventing union representatives or the employee's
representative from taking it upon themselves to initiate letters
of this nature, regardless of whether they had a valid reason or
not, because of the way the State law is written.
Mr. Hoagland commented that as long as the State has
sanctioned the union activities of Firefighters, he doesn't think
that the Council can exercise any control until it got into such
a situation that an actual contract was signed which spelled it
out, and at this point the City is not entering into any contracts
such as is done in the private sector. Therefore, he doesn't
think that any rule regulating the Employees' Associations is
going to be binding and disciplinary action for violating any
rule could not be upheld.
Bakersfield, California, March 16, 1970 - Page 13
Councilman Heisey commented that the unions keep re-
minding the Council that they are'to meet in good faith, and he
thinks this is a particular instance where the union was not
trying to act in good faith, but simply to harass the ~ire Chief
and the City Manager and the City.
Councilman Stiern stated he thinks the people are going
to have to answer the question that Mr. Bleecker has raised. The
citizens are going to have to decide whether the people that work
employee have
for them in the capacity of a public
of
in
and
for Contract No. 136-69
Street and Elm Street.
the same rights
individual does
labor organization participation that a private
the private sector.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for Con-
tract No. 10-70 for Construction of
Practice Courts at California Avenue
Park.
Upon a motion by Councilman Rucker, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
for Contract No. 10-70 for Construction of Practice Courts at
California Avenue Park.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for Con-
tract No. 136-69 for Construction of
Storm Drains in Palm Street and Elm Street.
Upon a motion by Councilman Stiern, the Work was accepted
the Mayor was authorized to execute the Notice of Completion
for Construction of Storm Drains in Palm
Adjournment.
There being no further business to come before the
upon a motion by Councilman Vetter the meeting was
9:50 P.M. ,,'
Calif.
Council,
adjourned at
ATTEST:
~'~L~a~an~ k of the Council
of the City of Bakersfield, California
Bakersfield, California, March 23, 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., March 23, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by the Reverend Andrew
Patterson of the Second Community Baptist Church.
The City Clerk called the roll as follows:
Present:
Absent:
Mayor Hart.
None
Minutes of
Councilmen Bleecker~ Heisey, Rees, Rucker,
Stiern, Vetter, Whittemore
the regular meeting
of March 16, 1970 were
Resolution adopted
by the Board of Education of the Bakersfield City School District
expressing concern for the correction of a potential traffic hazard
existing at Height Street, was received and ordered referred to the
City Attorney.
The City Clerk read a communication from the Department
of Housing and Urban Development, addressed to Mrs. Lila Little,
Executive Director of the Redevelopment Agency of the City of
Bakersfield, stating that the Department has now completed its
review of approximately 300 NDP Applications and only 85 programs
will be funded. Bakersfield's NDP Application was not one of those
approved. Since the funding of further NDP's is so uncertain, the
Department has announced a policy which will permit communities,
on a priority basis, to convert their recent NDP Application to
the conventional renewal approach. Under this policy, a community"s
place in the "pipeline" would be determined by the date on which
its original NDP Application was accepted in the Regional Office.
Such conversions must be received in HUD's office no later than
June 1, 1970, to keep their date priority. So that there will be
no misunderstanding, it was stressed that the conventional pipeline
is already crowded and if Bakersfield's application is found
acceptable, it will take its place, date-wise, in the pipeline.
approved as presented.
Correspondence.
Upon a motion by Councilman Heisey,
Bakersfield, California, March 23, 1970 - Page 2
The Department is also streamlining its application
guidelines for conventional renewal. It is holding a one-day
seminar on March 31, 1970, for the benefit of those NDP Applica-
tions not approved for an explanation of this new approach and
the conversion steps for unfunded NDP's. If the City wishes to
discuss its own conversion problems directly with HUD's staff,
its representatives are encouraged to remain in San Francisco
for a day or two longer.
Councilman Vetter commented that he was directed to
write a letter to HUD asking some pertinent questions regarding
the City's NDP Application, however, the letter was not sent,
and he would suggest that it be rewritten and reworded. Since
someone from the City will be going to San Francisco to talk
directly to HUD, perhaps it would be better to deliver instead
of mailing the letter.
Councilman Heisey stated that last week he attended a
Labor-Management Relations Seminar in Los Angeles and he met
City Manager Lee Risner of Seal Beach. Mr. Risner discussed in
some detail, a redevelopment project going on in Seal Beach which
is financed entirely with private funds, no federal money at all.
Mr. Heisey commented on the City of Bakersfield's problems and
asked Mr. Risner to come before the City's Redevelopment Agency
and the Council and explain the techniques which had been used in
Seal Beach. Mr. Heisey then asked the City Manager to invite Mr.
Risner to the next Redevelopment Agency meeting. Mr. Bergen stated
they would contact Mr. Risner and discuss it with him.
Mr. Hoagland commented that Seal Beach is a very small
city, but it is growing like all beach cities. He has met Mr.
Risner and would say that the redevelopment project is a very
unique one which has been done without federal funding.
After some discussion, Mr. Bergen stated he would advise
Councilman Heisey of two or three dates for arranging a meeting
with the Redevelopment Agency, and Councilman Heisey volunteered
to invite Mr. Risner to come to Bakersfield to discuss his City's
redevelopment project with the members of the Redevelopment Agency.
9
Bakersfield, California, March 23, 1970 - Page 3
Councilman Whittemore suggested that the City Manager
contact Mr. Risner to learn how extensive this project is before
inviting him to Bakersfield. If his project is based upon the
development of a marina that produces revenue against the develop-
ment of the entire downtown area, the project may not be of interest
to the Redevelopment Agency and it may be wasting Mr. Risner's time
to have him make the trip to Bakersfield. Councilman Heisey re-
marked that Mr. Risner would be happy to come to Bakersfield to
discuss his redevelopment program.
Councilman Bleecker asked what action is contemplated
in connection with the invitation from HUD to come to San Francisco
to discuss the conversion of the NDP Application. Councilman Vetter
stated he was planning to attend this meeting as Chairman of the
Budget Review and Finance Committee. Councilman Stiern commented
that he thinks Mr. Bergen, Mr. Hoagland and any Councilman who
wished to do so, should attend this meeting in San Francisco. Mr.
Bergen stated he wanted to have Mr. Jacobs evaluate this matter,
he would like to have a meeting with the Committee and decide just
how far they want to pursue it, and if they actually wanted to get
into the "pipeline." After discussion, Councilman Bleecker stated
he would like to reserve a place with the group planning to attend
this meeting.
Council Statements.
Councilman Rucker pointed out that a very hazardous con-
dition exists at the intersection of Chico and Owens Streets and
asked the City Manager to have the Traffic Authority investigate
it with the idea of installing a stop sign at that location.
Councilman Whittemore commented that in the past the City
Council has taken a stand on certain matters which are not directly
related to its routine business. He asked the Council to give some
consideration to the application filed by the Pacific Telephone and
Telegraph Company with the Public Utilities Commission for authority
to increase and decrease certain intrastate rates and charges
Bakersfield, California, March 23, 1970 - Page 4
applicable to telephone service furnished within the State of
California, and perhaps take a position urging that this applica-
tion be denied. This is strictly a subsidy by property owners so
that the utility will be assured of a certain percentage'of profit
in its business. Increasing the telephone rates will add to the
inflationary spiral and the cost of living for the public.
Councilman Heisey stated the Public Utilities Commission
will hold hearings and examine the facts in detaiL. He is reluc-
tant to take a stand on a rate schedule that he doesn't know
anything about and try to come to some kind of a conclusion.
Councilman Stiern commented that he doesn't like the
thoughts of an increase in the telephone rates, he thinks Council-
man Whittemore's suggestion is meritorious~ increases of this type
on behalf of the people the Council represents should be resisted,
but how can a public utility which has a large labor force ex-
pecting an annual wage increase, continue operating without
eventually raising rates to the consumer.
Councilman Vetter stated he appreciates Councilman
Whittemore's concern in this matter~ but if the Council takes a
stand on this, it will be faced with taking a position on every-
thing that causes inflation, and he doesn't feel it is the proper
action of the Council to do so.
Councilman Whittemore pointed out that in his opinion
this would be the same as the position taken by the Council
relative to the railroads deleting certain trains throughout the
valley, but Councilman Vetter stated he did not believe this was
so~ as the railroads were intending to delete the service entirely~
while the telephone company is merely requesting permission to
raise its rates. It seems to him that this Council is not in a
position to say whether or not a company should increase its
rates.
Councilman Whittemore commented that apparently the
Public Utilities Commission is influenced by the reaction of the
public and since the Council does represent the public, he feels
it is something that should be looked at very carefully.
Bakersfield~ California, March 23, 1970 - Page 5
Councilman Bleecker stated that government has taken it
upon itself to guarantee controlled monopolies a certain amount
of profit on their money. If the telephone company thinks that it
should make a profit automatically at the expense of the telephone.
user, and that all of their costs should be passed on to the people,
how does the Council know that this utility is operating efficiently.
All its costs can't be considered labor expense. Without listening
to more discussion, he can't say that this Council shouldn't take a
position on this, it was done on other utilities. He pointed out
that the Interstate Commerce Commission at the request of the rail-
roads, increased freight charges 6% within a 90 day period to
farmers in the San Joaquin Valley. These rates are being contested
by the people who use the carriers. He believes it is the responsi-
bility of local government to speak out on important issues.
After further discussion, no position was taken on the
matter by the members of the Council.
Councilman Bleecker made the following statement:
I know that all of you are aware of the growing problem
and tragic consequences of narcotics here and throughout the nation.
I know that you are not afraid to face up to serious problems that
affect the health and safety of the people of this community. I
know through having worked with you for almost a year that none of
you is callous to the legitimate needs of the people and the ways
and means by which government can be helpful. And I know that
there is nothing more in need of immediate attention than all of
those problems associated with narcotics and narcotic addiction in
this City.
I have been pondering this question, its importance to
me as a citizen and parent and the obligation it imposes upon me
as an elected official. I cannot hope to cover every aspect of
this deep seated menace and I call upon all of you to add your
good advice to the suggestions I will, make. Any adult who would
traffic in narcotics, in anything from marijuana to heroin for
personal gain or to support his own habit and who could by so doing
Bakersfield, California, March 23, 1970 - Page 6
ruin the life of even one minor child does not deserve the same
freedoms guaranteed the law abiding citizen. An adult pusher is
a mad dog who preys on society and the weaknesses of the innocent.
He kills by torture until his victim suffers agonizing death, or
like him, another parasite sucking the life blood of
becomes,
America.
I would tell you further, that I totally disagree with
those professional educators, doctors, lawyers, etc., who bemoan
the scant laws now on the books regarding marijuana and who would
liberalize its use and that of LSD, barbituates and other like
substances. They don't know what they are talking about - their
conclusions are false.
Talk to almost any parent who has experienced the tragedy
of a teenage junkie in his own home and almost without exception
you will find that marijuana or uppers or downers or both, were
the clear beginning to a mainline heroin addict. Talk to local
law enforcement officers who cope with this problem every day and
the record will show that confirmed addicts almost always started
on one of the lessor forms of narcotics given to them by a friend
at school or sold for a few cents
adult.
locally,
Bakersfield have seen
of our community, but
to do something about
by a juvenile pusher or young
There has been a lot of talk nationally, statewide and
about the problems of narcotics. The past few months in
the largest number of arrests in the history
the problem is still with us and I intend
it, hopefully, with the unanimous consent
and help of this Council and each and every school, club, citizens
group and individual who shares the same concern I do.
Here are some concrete suggestions for your consideration
and approval as a legislative body:
I would recommend to this Council that we
ask for and support state and federal
legislation calling for the death penalty
or life imprisonment without the possi-
bility of parole for any adult having
been convicted twice of selling narcotics
to a minor.
Bakersfield, California, March 23, 1970 - Page 7
I ask that the City of Bakersfield undertake
a narcotics prevention and educational cam-
paign, sponsored by appropriate funds to
enlighten the public, the public schools and
any other interested parties as to the
dangers of narcotics and the laws now cover-
ing their illicit use. A sum of $20,000 is
suggested and its use would be determined
by a special committee of three appointed
from the City Council who would be authorized
to disperse these funds at their discretion
to any worthy organization - public or
private - in the fight against narcotics.
I would be honored to serve as the first
Chairman of this special committee and
suggest that it meet regularly. And in
this light, I would suggest to the Council
that if the question should be raised as to
the availability of funds, that there is no
more pressing need than this and that other
city expenditures may have to suffer if we
are to protect the youth of our City from
the ravages o£ addiction. And I suggest,
also, that this is a proper function of
government.
Gentlemen, in conclusion, please let me say that through
these efforts which are certainly within our prerogative as elected
officials, it will indicate to the law breakers and to the citizenry
that we are tired of fooling around with natcos and dopers and
junkies and pushers and that we will make a concerted effort to
make their unlawful acts unprofitable. It will indicate, also,
that government has compassion and concern for those who reside
in the hopelessness of addiction and will help them to find a
better way and to become responsible citizens, which is also a
proper function of government.
But most of all, it will lend official approval to a
forthright program and the beginning of a successful fulfillment
of our obligation to the people of this community.
Councilman Heisey commented that Councilman Bleecker had
presented a very thoughtful and well-done statement. It is some-
thing that should be evaluated for a week or two before being
implemented, not that the urgency isn't there, but that possibly
this should be done jointly with the County of Kern and the Bakers-
field City School District contributing funds and a member from
each serving on this proposed committee. It is one area in which
there could be City-County cooperation as all three agencies have
a vital interest in this same problem.
Bakersfield, California, March 23, 1970 - Page 8
Councilman Stiern stated that this area is fortunate to
have dedicated, efficient law enforcement officers who are doing
everything within their power and have been given the full co-
operation of the City Council and the City Staff. He feels that
the suggestion for strong legislation for the punishment of
narcotic pushers has merit. But rather than do this as the 48th
sized City in California, he feels that it would behoove the City
to present its ideas in concert with all of the Cities of Califor-
nia through a Resolution from the League of California Cities
which would carry much more weight in Sacramento and in Washington.
Mayor Hart furnished the Council and the news media
present with copies of a report from a Committee On Drug Abuse
appointed by the Rotary Club of Bakersfield for the purpose of
studying and analyzing the drug abuse problem as it exists in
this community, to determine in what areas and by what ways
Rotary may properly concern itself with the problem, and to
propose, formulate or recommend a course of action. He stated
that this report is one of the most frightening reports that he
has read in his life, as it reflects that some 60% of the students
in the high schools either use or have used narcotics. He had
made a request to the local newspaper that it print this report
in its entirety, but as yet this hasn't been done. He asked that
the news media present make the report available to the parents
of the community. He informed the Council that he and Mr. Hoaglan,fl
had been exploring the possibility of establishing a pilot center
here for methadone treatment, which in itself is a habit-forming
narcotic, but can effect a withdrawal from the use of drugs.
Councilman Bleecker commented that there are many parents
right now in this City whose children have some kind of a habit,
and who are not aware that their children are using drugs~ except
perhaps for erratic behavior. He feels that the drug problem is
a proper function for government to solve and he urged the Council
to give this problem every consideration when it is brought up
again.
Bakersfield, California, March 23, 1970 - Page 9
Reports.
Councilman Rucker, Chairman of the Council Auditorium-
Recreation Committee, read the following report:
A meeting of the Council Auditorium-Recreation Committee
was held on March 4, 1970, and the following changes in rates for
swimming pool admissions, pool rentals and crafts, were recommended
by the Committee, in view of the fact that these rates would be in
line with other recreational facilities in the area:
Recreational Swimming Admission: From 20~ to 25~
, Pool Rentals:
Under 50 from $12 to $15
50-100 from $16 to $20
100-150 from $20 to $25
150-200 - from $24 to $30
Crafts: From 5~ to 10q
Upon a motion by Councilman Rucker, the report was
received and adopted, and the recommendations contained therein
were approved, to become effective during the summer program.
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 3253
to 3388 inclusive, in amount of $96,233.72, as audited by the
Voucher Approval Committee, were allowed, and authorization was
granted for payment.
Action on Bids.
After discussion, upon a motion by Councilman Rees, low
bid of Turman Construction Company for improving a portion of
Panorama Drive between Wenatchee Avenue
accepted, all other bids were rejected,
to eEecute the contract. .
Request from Earnest S. Ball, Jr. for
annexation of a portion of his land
which faces on Beale Avenue referred
to the Planning Commission for study
and recommendation.
Upon a motion by Councilman Rees, request from Earnest S.
Ball, Jr., for annexation of that portion of his property which
faces on Beale Avenue was referred to the Planning Commission for
study and recommendation.
and Crescent Drive, was
and the Mayor was authorized
Bakersfield, California, March 23, 1970 - Page 10
Planning Commission requested to con-
sider annexation to the City of certain
parcels of land located in the northeast
portion of East Bakersfield.
Upon a motion by Councilman Stiern, the Planning Com-
mission was requested to consider annexation of those parcels of
land partially in the City and partially in the unincorporated
area located in the northeast portion of East Bakersfield to the
City of Bakersfield.
Approval and adoption of specifications
for Senior Housing Inspector.
Upon a motion by Councilman Rucker~ specifications for
Senior Housing Inspector were approved and adopted.
Adoption of Resolution No. 16-70 of
the Council of the City of Bakersfield
authorizing the Attorney General to
take such action as necessary in the
prosecution of a Civil Antitrust Suit
against certain Automobile Manufacturers.
Mayor Hart stated he wished to speak to this Resolution
before a motion was made. He was involved initially in this
matter by recommending to the Governor of California that he sign
the first smog control bill. It is a known fact that smog can be
controlled but it may cost the consumer more money. There is a
serious health factor to be considered, in fact there are a multi-
tude of reasons for the Council endorsing this Resolution. He
stated the Automobile Dealers would not care to lose the California
market and he is sure they will make a decided effort to install
smog control devices, but will not do so until they are forced to
do it.
Upon a motion by Councilman Stiern, seconded by Council-
man Heisey, Resolution No. 16-70 of the Council of the City of
Bakersfield authorizing the Attorney General to take such action
as necessary in the prosecution of a 0ivil Antitrust Suit against
certain Automobile Manufacturers, was adopted by the following
vote:
Ayes:
Councilmen Bleecker, Heisey, Rees,
Vetter, Whittemore
Noes: None
Absent: None
Rucker, Stiern~
Bakersfield, California, March 23, 1970 - Page 11
Adoption of Resolution No. 17-70
authorizing the filing of a Reappit-
cation with the State Water Pollution
Control Agency for a Grant under the
Federal Water Pollution Control Act,
as amended (33 U.S. C. 366 et seq.).
Upon a motion by Councilman Heisey, Resolution No. 17-70
authorizing the filing of a reapplication with the State Water
Pollution Control Agency for a Grant under the Federal Water Pollu-
tion Control Act, as amended (33 U.S. C. 466 et seq.) was adopted
by the following vote:
Councilman Bleecker, Heisey, Rees, Rucker, Stiern,
Ayes:
Vetter,
Noes: None
Absent: None
Whittemore
Hearings.
This was the time set for hearing protests by persons
owning real property within territory designated as "Panoramic
Heights No. 3 - Parcel No. 1", as proposed to be annexed to the
City of Bakersfield. This hearing was duly advertised and no
written protests have been filed in the City Clerk's Office.
Mayor Hart opened the hearing for public participation.
No objections or protests being received, the hearing was closed
for Council deliberation. Upon a motion by Councilman Whittemore,
Resolution No. 21-70 of the Council of the City of Bakersfield
declaring that a majority protest has not been made to the annexa-
tion of territory designated as'Panoramic Heights No. 3 - Parcel
No. 1", proposed to be annexed to the City of Bakersfield, was
adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey~ Rees, Rucker, Stiern,
Vetter~ Whirremote
Noes: None
Absent: None
Upon a motion by Councilman Rees, Ordinance No. 1854 New
Series approving annexation of a parcel of uninhabited territory to
the City of Bakersfield designated as "Panoramic Heights No. 3 -
1 O0
Bakersf±eld, California, March 23, 1970 - Page 12
Parcel No. 1", and providing £or the taxation o£ said territory
to pay the bonded indebtedness of said City, was adopted by the
following vote:
Ayes: Councilmen Bleecker, Heisey, Rees~ Rucker, Stiern,
Vetter, Whittemore
Noes: None
Absent: None
This was the time set for hearing objections to the
inclusion of certain territory designated as "Panoramic Heights
No. 3 - Parcel No. 1" within the Greater Bakersfield Separation
of Grade District. This hearing was duly advertised and no object-
ions were filed in the City Clerk's Office.
Mayor Hart declared the hearing open for public parti-
cipation. No protests or objections being received, the public
hearing was closed for Council deliberation. Upon a motion by
Councilman Stiern, Resolution No. 18-70 annexing certain territory
designated as "Panoramic Heights No. 3 - Parcel No. l" to the
Greater Bakersfield Separation of Grade District, was adopted by
the following vote:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whirremote
Noes: None
Absent: None
This was the time set for hearing objections to the
inclusion of certain territory designated as "California Avenue
No. 2" within the Greater Bakersfield Separation of Grade District.
This hearing was duly advertised and no objections were filed in
the City Clerk's Office.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
hearing was closed for Council deliberation. Upon a motion by
Councilman Stiern, Resolution No. 19-70 annexing certain territory
I
Bakersfield, California, March 23~ 1970- Page 13
designated as "California Avenue No. 2" to the Greater Bakersfield
Separation of Grade District, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey~ Rees, Rucker, Stiern,
Vetter, Whittemore
None
Noes:
Absent: None
This
was the time set for hearing on Resolution of
Intention No. 851 of the Council of the City of Bakersfield de-
claring its intention to order the vacation of a portion of Chico
Street in the City of Bakersfield. This hearing has been duly
published and posted and all residents in the area were notified.
No written protests have been filed in the City Cterk's Office.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections having been received, and the
public hearing was closed for Council deliberation. After some
discussion, upon a motion by Councilman Rucker, Resolution No. 20-70
of the Council of the City of
a portion of Chico Street, in
by the following vote:
Ayes:
Noes:
Absent:
Bakersfield ordering the vacation of
the City of Bakersfield, was adopted
Councilmen Bleecker, Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
None
None
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Vetter, the meeting was
adjourned at 10:00 P.M.
ATTEST:
city CLF.~{K and Ex-O~f~lclo C~lerk ol the Council
of the City of Bakersfield, California
Acceptance of Street Right of Way Deed
from James T. Wattenbarger for opening
a portion of San Dimas Street.
Upon a motion by Councilman Bleecker, Street Right of Way
Deed from James T. Wattenbarger for opening of a portion of San
Dimas Street was accepted.
Bakersfield, California, March 30, 1970
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M., March 30, 1970.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and
Heisey.
Present:
Absent:
The City Clerk called
Mayor Hart.
Invocation by Councilman Walter
the roll as follows:
Councilmen Bleecker, Heisey, Rees, Rucker,
Vetter, Whirremote
Councilman Stiern
Minutes of the regular meeting of March 23,
approved as presented.
Mr.
commendation
1970 were
Scheduled Public Statements.
D.C. Parks addressed the Council expressing his
for its stand on the narcotic problem. He stated
that he wanted to publicly announce that he was offering his
services and the services of the Addictire Drugs Educational
Foundation, a non-profit organization subsidized solely by Mr.
Parks and his wife, to the Council to assist the community in
any way possible. Mayor Hart stated that the Council is very
much concerned with the narcotic problem, and thanked Mr. Parks
for his interest and support.
Mr. Vernon Strong and a group of interested citizens
from the southeast Bakersfield area, appeared before the Council
relative to a recent announcement by Senator Murphy and Congress-
man Mathias that the Department of Housing and Urban Development
had approved a grant of $322,000 to the City of Bakersfield for
the construction of a much needed multiple purpose center in
California Avenue Park. He thanked the Council and the Recreation
Department for their efforts in putting together an application
which was acceptable and resulted in the awarding of the Federal
Grant to Bakersfield. He pointed out the need for this recreation
center in the southeast area and the benefits which this multiple
purpose building can render to the citizens of Bakersfield.
Bakersfield, Cali£ornia, March 30, 1970 - Page 2
project
some method of financing will be worked out,
see these funds diverted to some other City
Councilman Vetter thanked Mr. Strong for his comments
and asked Mr. Bergen what amount the City was required to contribute
£or this project. Mr. Bergen stated it was about $160,000 or
$170,000. The project was evaluated at the last budget session,
and as the Council did not know whether the Federal Government
would fund its share, no money was included in the budget. Up to
this point, the City is not obligated, and the next step will be
to evaluate where the funds will come from for the City's matching
share.
Councilman Vetter asked Mr. Bergen i£ the Council is
required to budget the whole amount this year in order to qualify
under the grant that has been approved. Mr. Bergen stated it was
his understanding, when the matter was discussed at the last budget,
that the Federal Government would permit the Council to budget its
share as the funds became due. If the Council is willing to pro-
ceed and obligate the City, it could budget perhaps 50% of it this
year, and if the funds were not scheduled to become due until the
next budget year, it could be funded in that manner.
One thing they did learn, and that is the land cannot
be used £or the City's matching funds. This grant is less than
the City requested, which implies that something has been deleted
from the application. He will obtain all information possible and
submit it to the Council for evaluation.
Councilman Rees stated that he personally hopes this
project will be given priority at the budget session in June and
implemented as soon as possible.
Councilman Whittemore commented that as soon as official
notification of the award of this grant has been received from the
Federal Government, another meeting should be held with the
Auditorium-Recreation Committee and proposals £or financing this
project submitted to the entire Council.
Councilman Rucker stated that this is a much needed
in the southeast part of Bakersfield and he hopes that
as he would hate to
in California.
10.4
Bakersfield, California, March 30, 1970 - Page 3
Council Statements.
Councilman Heisey commented that the communlty has
suffered a real loss in the recent death of Mr. Walter Stiern,
and moved that the Mayor write a letter of condolence to. Council-
man Richard Stiern, Senator Walter Stiern and the family expressing
the sympathy of the Council for their bereavement.
Councilman Heisey pointed out that this is the50th
Anniversary of the nation's broadcasters and stated that it is
through this industry's contributions that the country has been
able to forge ahead.
Councilman Rucker slated thai he had been called by the
residents of the Oro Vista Housing Project who informed him that
they were not receiving Cable TV service in that area. City
Manager Bergen stated that he would contact the Manager of the
Bakersfield Cable TV and find out why this service was not extended
to the residents of the housing project~ and report back to the
Council.
Councilman Bleecker commented last week he had brought
to the Council's attention the need for stronger legislation to
protect minors from purveyors of narcotics. He then read a
Resolution, prepared by the City Attorney, entitled "A Resolution
of the Council of the City of Bakersfield calling for the Death
Penalty or Life Imprisonment for any adull twice convicted of
selling Narcotics to Minors", and moved its adoption. A copy of
the Resolution is to be ~orwarded to the League of California
Cities calling for appropriate supporting action at their next
regular convention.
Councilman Heisey suggested that copies of the Resolutio£t
also be sent to the City's legislators in Sacramento so that they
would be familiar with the Council's strong feeling about narcotics.
Councilman Rees stated he cannot agree with Councilman
Bleecker wholeheartedly about the end which he wishes to accomplish,
it is the means which concerns him. He commended Councilman
Bleecker for his concern, but he will oppose the Resolution as it
is now prepared.
Councilman Rucker commented that he will support the
Resolution, but if it does go into effecl, he hopes that the law
will apply equally to all citizens regardless of their status in
the community.
1
Bakersfield, California, March 30, 1970 - Page 4
Councilman Whittemore agreed that the Resolution, although
a severe one, is appropriate, as the country is faced with a severe
situation. Unless drastic measures are taken, the narcotics pur-
veyors are going to destroy the next generation, and it is necessary
to get them out of circulation. He therefore supports the Resolu-
tion, he feels that modifications will probably be made either by
the League of California Cities, or if it reaches the State
Legislature, at that level. This is a good place to start~ and
this is a good Resolution.
Mayor Hart commented that if he were permitted to vote,
he would support the Resolution. If the Council can by this action
stiffen the attitude of the courts toward the drug pushers in the
community and terminate the process of selling drugs to minors,
he is most anxious to endorse the Resolution.
After some further discussion, vote was taken on the
Resolution, which carried by the following vote:
Ayes: Councilmen Bleecker, Heisey, Rucker, Vetter, Whirremote
Noes: Councilman Rees
Absent: Councilman Stiern
Reports.
Councilman Kenneth Vetter moved that the City Council
oppose the adoption of Senate Bill No. 365 (Marks & Moscone),
which would completely remove the employer from the selection of
the physician to an injured employee and would give each employee
the right, with no financial responsibility of his own to select
the physician of hiw own choice paid for by his employer, subject
only to rules and regulations promulgated by the Director of the
Division of Industrial Accidents.
Councilman Whittemore stated he can see the reasoning
behind the opposition, but the first thing that occurred to him
is that if he were the injured employee sent to a physician that
didn't completely satisfy him, he would insist upon going to his
own~ or some other doctor, for treatment. He stated he would not
like to restrict an injured individual from selecting a physician
of hiw own choice to treat his injuries.
Bakersfield, California, March 30, 1970 - Page 5
Councilman Vetter explained that if the employee was
dissatisfied with a particular physician to which he has been
sent, the act provides that he does have a list of five doctors
from whom he may make his choice. He asked Mr. Bergen how many
eligible doctors the City listed for the employees' selection.
Mr. Bergen stated that normally they list at least five.
The Bill would permit the employee to select any doctor he wants
with no restrictions. In addition to that, the City must pay the
cost. The employee can always visit his own doctor and pay for
any examination.
Councilman Heisey commented that as he understands it,
this Bill is not only limited to City employees, it covers all
employees. In his own business they have a long list of doctors
for their employees to select from, and usually, they register no
objection to the employee receiving medical care from his own
family doctor.
Councilman Vetter stated there is nothing wrong with
the present provisions of the Labor Code which require an employer
to furnish all medical care including physicians to an injured
employee. If an employee is dissatisfied with the physician
selected for him, he may request a change, at which time the
employer must supply a list of five practicing physicians from
whom the employee may make his choice. This particular Bill would
completely remove the employer who is paying the bill from the
selection of a physician.
City Attorney Hoagland remarked that the Council should
be prepared to double and even triple the amount of money spent
on Workmen's Compensation if this Bill passes. If the employee
is furnished with a list of doctors to select from, he doesn't
see how he can be injured by selecting one from the list. This
is for establishing the permanency of disability.
After some further discussion, vote was
man Vetter's motion to oppose Senate Bill No. 365,
Whittemore voting in the negative on the motion.
taken on Council-.
with Councilman
Bakersfield, California, March 30, 1970 - Page 6
Councilman Vetter proceeded with the Legislative Report,
stating that Assembly Bill No. 991 would require the adoption of
bidding procedure on all public work projects in excess of
$3,500.00, and is specifically made applicable to charter cities
such as Bakersfield. The Charter of the City of Bakersfield
requires competitive bidding on all public works projects in
excess of $4,000.00. Bakersfield is a charier city and was in-
corporated so that it could conduct its municipal affairs free
from State direction. If the Council is to continue to exercise
control over the local administration of government, it should
oppose this unwarranted interference by the State Legislature.
Councilman Heisey stated he is opposed to this Bill, as
it seems to him that the Council is as well qualified as the
Legislature in Sacramento to handle its own affairs. Councilman
Vetter then made a motion to oppose AB 991, which carried unanimously.
Councilman Vetter reported that a letter was received
from Sacramento informing the City that SB 375 was held in the
Senate Transportation Committee and will probably not be considered
any further this session. SB 375 was opposed by the Council at an
earlier meeting. This Bill would have required the City to pay
for the removal or relocation of public utilities in the City's
roadways under certain conditions.
Councilman Vetter, Chairman of fhe Budget Review and
Finance Committee, read a report on the Acquisition of a Fire
Station Site, stating that during 1969 approximately 80% of the
area annexed is in the southwest and western part of the City. In
addition to sewer and storm drain facilities and police protection,
it is necessary that fire protection be made available to serve
the immediate and near future needs of the annexed areas. The
Committee has met with the administrative staff to select an
appropriate site to locate a Fire Station that can serve both the
State College and the commercial and residential areas which have
recently annexed to the City, and it is the consensus of this
Committee and the Fire Chief, that this site be acquired close to
Bakersfield, California, March 30, 1970 - Page 7
the intersection of California Avenue and Stockdate Highway.
Based on the best estimates and projections at this
time, it is anticipated that the new station will serve the fire
protection needs of the western portions of the City quite well
for three to five years, and at present, it appears that the next
Fire Station would be needed near the intersection o£ Gosford and
and Frazier, southwest of the Arvin-Edison Canal. to serve the
needs of the community as annexation and development continue in
this area.
Last spring the Council approved an appropriation of
$10,000 for the acquisition of a Fire Station Site to serve the
newly annexed areas, which was not recorded in the final budget.
Therefore, it is the recommendation of this Committee that $15,000
be transferred from the Unappropriated Surplus Account of the
City Council to Account No. 25-640-9100, so that a suitable site,
including appraisal, can be acquired £or a Fire Station to be
located near California Avenue and Stockdale Highway.
Councilman Heisey remarked it appears to him that it
might be profitable to discuss with the County the possible
acquisition of the existing County Fire Station on Stockdale
Highway, or contract with the County to cover the Stockdale area
with fire protection. He feels it should be discussed and ex-
plored with the County before deciding to build another Fire
Station in the same vicinity.
Councilman Vetter stated that in reviewing this with the
Fire Chief, he explained this Fire Station will give Stockdale
sufficient protection but it could not offer protection to the
major development which is in process at California and Oak.
Chief Paddock feels this is as far west as they can go to give
equivalent protection to the present major development in this
general vicinity.
City Manager Bergen stated
approval to purehase this Fire Station site, it merely indicates
trans£er of funds and the general location of the Fire Station.
The City Staff would have to come back with an appraisal and a
this report does not recommend
a
Bakersfield, California, March 30, 1970 - Page
deed before the Council would actually be purchasing any site. He
wanted to clarify that by approving this report and transferring
the money~ the Council is not buying a Fire Station Site.
Councilman Heisey asked why they couldn't send an offer
to the County, it will force the Board of Supervisors to take some
kind of action if they receive a bonafide offer.
Councilman Vetter stated he only knows what Chief Paddock
has told him~ and he would be very happy to defer any action on it
if the Council wants to discuss it with the Fire Chief. He pointed
out that annexations have been made to the City with the under-
standing that City Fire Protection would be one of the services
provided.
Councilman Whittemore remarked that he realized the fire
services have to be expanded with the growth of the City and what
Councilman Heisey has said makes sense to him that perhaps it would
be better to contract with the County for one of its stations to
take care of the area while it is still sparsely populated. He
is not in favor of appraisals coming back to the Council~ however,
as some of them have been fairly expensive. He pointed out that at
the present time existing City Fire Stations pretty well bracket
in the area.
Mr. Bergen stated that basically he agrees with Mr.
Whittemore, however, the A.I.A. criteria requires thai the City
maintain a certain number of stations for a class of protection
and determines where they should be located.
Councilman Bleecker commented that he would like to
explore the idea of contracting with the County to take care of
this particular area. He is not prepared to transfer funds for
the purchase of this property at the present time.
City Manager Bergan stated he would have no objections
to exploring the matter with the County and getting a specific
110
Bakersfield, California, March 30, 1970 - Page 9
answer. The City could build the station, then the County abandon
its station and enter into an agreement with the City to provide
fire protection for that area, or the City could contract with
the County for fire protection.
Councilman Vetter commented that he thinks all members
of the Council should discuss this matter with Chief Paddock
because the A.I.A. sets up certain criteria whereby the Fire
Department, in.order to qualify £or a Class 2 City, must meet
certain requirements.
Councilman Bleecker stated he would like to hear from
the Fire Chie£, he would like to have him come down before the
Council and explain why he thinks a station should be located in
this area. Councilman Vetter commented it might be easier £or the
Council to go to the Chief's of£ice, as he has a big map on the
wall charting all the individual Fire Stations, both City and
County. He also pointed out that the City had agreed to furnish
police and fire services to those people who annexed to the City
and it is the obligation of the Council to furnish fire service
within a certain number o£ miles, it is not fair to these people
who have annexed in good faith.
Councilman Heisey stated that it isn't the intent of the
Council to downgrade its fire service and not give all citizens
the service they are entitled to and expected to receive when
they annexed to the City. His suggestion is simply a matter of
economics, that it seems sensible and reasonable to eliminate the
duplication and overlapping of fire service between the County and
the City in that area. At least a bonafide offer can be made to
the County to either take over their £acilities and service the
area in Stockdale, or until that area is more fully developed,
the County take over and provide service for the City.
Councilman Vetter stated he would be willing to defer
further discussion on this pending either the individual
Bakersfield, California, March 30, 1970 - Page l0 ~ ~ !
Councilmen discussing it with the Fire Chief at his office, Chief
Paddock appearing before the Council.
City Manager Bergen suggested that this matter be deferred
to the Governmental Efficiency and Personnel Committee for evalua-
tion and report back to the Council before any station is purchased.
A recommendation could be made tonight to transfer the $15,000 as
suggested in the report submitted by the Budget Review and Finance
Committee and wait for the report from the Governmental Efficiency
and Personnel Committee before taking any action to acquire a Fire
Station site.
Councilman Whittemore stated he was not in £avor of paying
for an appraisal of property at this point, as some of those
appraisals are quite expensive.
Councilman Vetter stated he could see no reason to transfer
the money tonight and if the Council wants to explore the possibility
of working out a joint agreement with the County, there is nothing
that is urgent, it can be held open.
Councilman Whittemore stated the Governmental Efficiency
and Personnel Committee would be happy to study the matter, as it
would come to them eventually to work out the matter of personnel
for a Fire Station.
Mayor Hart asked why large landholders cannot be asked
to dedicate enough property for a Fire Station when they annex to
the City; without the City being required to purchase a site. He
asked that this matter be given some thought and an answer made at
a later date.
Allowance of Claims.
Upon a motion by Councilman Bleecker, Vouchers Nos. 3389
to 3449 inclusive, in amount of $16,499.81, as audited by the
Voucher Approval Committee, were allowed and authorization was
granted for payment.
112
Bakersf±eld, California, March 30, 1970 - Page 11
amount of
Appropriations,
was approved.
Approval of request for Budget Transfer.,
Upon a motion by Councilman Rees, Budget Transfer in
$1,100.00, from Account No; 11-510-6100 - Unapplied
to Account No. 11-616-1100 - City Hall Maintenance,
Action on Bids.
Upon a motion by Councilman Bleecker,
Pipe and Supply was accepted for Brass Castings
low bid of Sierra
for Fire Depart-
ment Hydrant'Adaptors, all other bids were rejected, and the Mayor
was authorized to execute the contract.
Upon a motion by Councilman Heisey, low bid of Jim Alfter
for Curbs, Gutters & Sidewalks, low bid of San Joaquin Distributors
for Maintenance Paint and Supplies, and low bid of Kern Turf Supply
for PVC Pipe, were accepted, all other bids were rejected, and the
Mayor was authorized to execute the contracts.
Approval of recommendation of the
Planning Commission to name 178
Freeway between Bakersfield and Lake
Isabella "Bakersfield-Lake Isabella
Freeway."
It was moved by Councilman Bleecker, that 178 Freeway
between Bakersfield and Lake Isabella be named "Bakersfield-Lake
Isabella Scenic Freeway." Councilman Rees stated that in the
interests of brevity, he would offer. a substitute motion that the
recommendation of the Planning Commission to name 178 Freeway
between Bakersfield and Lake.Isabella - "Bakersfield-Lake Isabella
Freeway" be.approved, and that the appropriate bodies be so
notified. This substitute motion carried unanimously.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for Con-
'tract No. 5-70 for construction of Auto-
matic Sprinkler System at California
Avenue Park.
- .Upon a motion by Councilman Rucker, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
for Contract No. 5-70 for construction of Automatic Sprinkler
System at California Avenue Park.
Bakersfield~ Califo?nia, March 30~ 1970 - Page 12
Acceptance of Work and Mayor authorized
to execute Notice of Completion for Con-
tract No. 137-69 for Furnishing and
installing a Softball Field Lighting
System at California Avenue Park in the
City of Bakersfield.
Upon a motion by Councilman Rucker, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
for Contract No. 137-69 for Furnishing and Installing.a Softball
Field Lighting System at California Avenue Park in the City of
Bakersfield.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for Con-
tract No. 129-69 for Improving of Height
Street between Haley Street and Sunny Lane.
Upon a motion by Councilman Heisey, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
for Contract No. 129-69 for Improving of Height Street between
Haley Street and Sunny Lane.
Approval of Plans and Specifications
for Grading of 42nd Street between
Jewett Avenue and Union Avenue.
Upon a motion by Councilman Bleecker, plans and specifi-
cations were approved', and the Finance Director was authorized to
advertise for bids for Grading of 42nd Street between Jewett Avenue
and Union Avenue.
Approval of Construction Change Order
No. 1 for Contract No. 76-69~ Water
Pollution Facility for the City of
Bakersfield.
After discussion, upon a motion by Councilman Heisey,
Construction Change Order No. 1 for Contract No. 76-69, Water
Pollution Control Facility for the City of Bakersfield was approved,
and the Mayor was authorized to execute same.
Adoption of Resolution No. 22-70 of
the Council of the City of Bakersfield
approving a City-County-State Agree-
ment of Urban Extension Funds for
portion of the cost of widening and
improving Brundage Lane between Union
Avenue and 1200 feet east of Cotton-
wood Road.
Upon a motion by Councilman Rucker, Resolution No. 22-70
of the Council of the City of Bakersfield approving a City-County-
Bakersfield, California, March 30, 1970 - Page 13
State Agreement for Urban Extension Funds for portion of the cosf
of Widening and Improving Brundage Lane between Union Avenue and
1200 feet east of Cottonwood Road, was adopted by the following
vote and the Mayor was authorized to execute the contract:
Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Vetter,
Whittemore
Noes: None
Absent: Councilman Stiern
Hearings.
This is the time set for public hearing on Resolution
of Intention No. 852 of the Council of the City of Bakersfield,
California, declaring its intention to order the abandonment of
the dedication of vehicular access rights from Lot 51 of Tract No.
1751 to Stockdale Highway, City of Bakersfield. This hearing has
been duly posted and no written protests have been filed in the
City Clerk's Office. Request for this abandonment was made by
Fred J. Banducci.
Mayor Hart declared the hearing open for public partici-
pation. Mr. Francis Daney, representing Mr. Fred Banducci, stated
he was appearing in favor of the abandonment. No protests or
objections being received, the public hearing was closed for
Council deliberation. Upon a motion by Councilman Bleecker,
Resolution No. 23-70 ordering the abandonment of the vehicular
access rights from Lot 51 of Tract No.. 1751 to Stockdale Highway,
City of Bakersfield, was adopted by the following vote:
Ayes: Councilmen Bleecker, Heisey; Rees, Rucker, Vetter,
Whirremote
Noes: None
Absent: Councilman Stiern
Adjournment
There being no further business to come before the
Council, upon a motion by Cou~n~c_i~lman Bleecker/~ meeting was
adjourned at 9:55 P.M.
ATTEST:
of the City of Bakersfield, California