HomeMy WebLinkAboutOCT - DEC 1968294
Bakersfield, California, October 7, 1968
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M. October 7~ 1968.
The meeting was ~alled to order by Mayor Karlen~ followed
by the Pledge of Allegiance and Invocation by the Reverend Gerald
Deaton of the First Christian Church.
The City Clerk called the roll as follows:
Mayor Karlen. Councilmen Heisey, Hosking~ Rees, Rucker~
Present:
Stiern, Vetter,
Absent: None
Minutes of the
Whittemore
regular meeting of September 30~ 1968
were approved as presented.
Service Pin Award.
Mayor Karlen presented a 30 year service pin to Lieu-
tenant Albert J. Mier who was employed by the City of Bakersfield
on October 3~ 1938.
Correspondence.
Upon a motion by Councilman Stiern, communication from
George F. McCourry, contractor, relative to median island break
and a left turn slot in the divider on South "H" Street south of
Julian Avenue, was received and ordered placed on file.
Mayor Karlen read a communication from Mayor Sam Yorty
of Los Angeles in which he stated he would support the City of
Bakersfield's position as set forth in its Resolution regarding
labor-management disputes, which Mayor Karlen will present to the
Full Committee on Municipal Government Administration of the
League of Cities when it meets in New Orleans on December
National
8, 1968.
Council Statements.
Councilman Vetter stated that in recognition of a very
ambitious project that was recently launched here in the Bakers-
field area through the Bakersfield Chamber of Commerce and a
group of local business people, he would like to offer a Resolution
295
Bakersfield, California, October 7, 1968 - Page 2
to the Council commending the Greater Bakersfield Chamber of Com-
merce and those citizens involved in Project "B.I.G." He read
the Resolution and moved adoption, which motion was seconded by
Councilman Beisey and carried by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern,
Whirremote
Noes:
Absent:
None
None
Mayor Karlen signed the resolution and presented it to
present in the audience:
James Burke
Dick Frasch
Dave Maxwell
Jack Barber
Bob Gorman
Owen Kearns
President of the Chamber of Commerce
Vice-President of the Chamber of Commerce
Ambassador for Operation B.I.G.
Solicitation Chairman
Industrial Development Committee
Chamber of Commerce
Other gentlemen involved with Operation B.I.G. who were
not present are Monroe Brown, Dr. Paul Romberg, James Sears and
Judge Walter Condley.
Councilman Heisey stated that about a generation ago the
City of Bakersfield passed an ordinance requiring underground
installation of facilities for public utilities in the downtown
district. Since that time the City has expanded and the State
Public Commission has authorized utility companies to convert over--
head facilities within qualified government units into underground
installations. He thinks the time has come to re-examine the
ordinance with the idea of expanding the required district and
moved that the matter be referred to the Planning Commission for
extensive examination and updating. This motion carried unanimously.
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers Nos. 1075 to
1190 inclusive, in amount of $112,662.71, as audited by the Finance
Approval Committee, were allowed, and authorization was granted for
payment of same.
Vetter,
the following gentlemen responsible for this project who were
296
Bakersfield, California, October 7, 1968 - Page 3
Action on Bids.
Upon a motion by Councilman Whittemore, low bid of
Mission Linen Supply for Uniform Rental Service was accepted, all
other bids were rejected, and the Mayor was authorized to execute
the contract.
City Manager Bergen pointed out that this bid provides
for three uniform changes per week in place of the present policy
of two changes, and that these uniforms are of cotton material.
Upon a motion by Councilman Hosking, low bid of
Lyles Company for construction of Sanitary Sewer and Pump Station
to serve Pierce Annexation No. 1 was accepted, all other bids were
rejected, and the Mayor was authorized to execute the contract
subject to approval of the shop drawings for the Pump Station by
the staff.
Upon a motion by Councilman Heisey, low bid of W. H.
Schallock, Inc. for construction of a Sanitary Sewer in Garnsey
Lane was accepted, all other bids were rejected, and the Mayor was
authorized to execute the contract.
Appointment of Members of the Board
of Charity Appeals and Solicitations
for four year terms expiring October
1, 1972.
Upon a motion by Councilman Heisey, the following per-
sons were re-appointed as members of the Board of Charity Appeals
and Solicitations for four year terms expiring October 1, 1972:
Dr. Stephen Montgomery
Donald S. Hopkins
Mrs. Margaret E. Ackermann
Councilman Rees proposed the name of Dr. E. Merle Foster
to fill one of the vacancies existing on the Board. Dr. Foster
was appointed by unanimous vote of the Council to serve on the
Board for a four year term expiring October 1, 1972.
Bakersfield, California, October 7, 1968 - Page 4 297
Encroachment Permit granted Bakersfield
Inn to construct a five-foot chain link
fence along the back of its property.
At this time the Council discussed request of Bakersfield
Inn for an Encroachment Permit to construct a five-foot chain link
fence along the back of its property on Pershing Street. The fence
will be adjacent to the existing sidewalk on the east side of
Pershing Street and will encroach six feet into the Street right-of-
way. It was the understanding of Director of Public Works Jing that
one of the conditions for approval of a variance which was granted
to the Bakersfield Inn on August 26, 1968 by the Board of Zoning
Adjustment, was the construction of a Spanish type wrought iron
fence. However, after consulting the records of the Board covering
this hearing, it was determined that the construction of a wrought
iron fence was mentioned at the
condition.
Mrs. Ido Banducci who
hearing, but it was not made a
lives at 1101 Pershing Street across
the street from the back of the Bakersfield Inn, stated she had seen
the plan for the proposed installation, and she is not pleased witlh
the material ~o be used, she prefers a wrought iron fence which is
more in keeping with the decor of the rest of the building. Several
of the Council members assured her that this material will make an
attractive fence and is the type generally used in fence construction.
After considerable discussion, Councilman Rucker moved that
the Encroachment Permit be granted subject to the plot plan as sub-
mitred to and examined by the Council, using a vinyl-coated black
chain link fencing material. Councilman Heisey seconded this motion
which carried unanimously.
Adoption of Resolution No. 89-68 of 'the
Council of the City of Bakersfield
deleting one Council meeting in the
month of October, 1968.
Upon a motion by Councilman Stiern, Resolution No. 89-68
of the Council of the City of Bakersfield deleting one Council
meeting in the month of October, 1968, was adopted by the following
vote:
Ayes:
Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Bakersfield, ~al±fornia, October ?, 1~$8 - Page 5
Adoption of Resolution No. 90-68 of the
Council of the City of Bakersfield
instructing the Fiscal Agent for the
City to transfer moneys for the purpose
of redeeming certain Parking Bonds Nos.
A336 to A521, inclusive.
It was moved by Councilman Hosking that Resolution No.
90-68 of the Council of the City of Bakersfield instructing the
Fiscal Agent for the City to transfer moneys for the purpose of
redeeming certain Parking Bonds Nos. A336 to A521, inclusive, be
adopted, and he stated that he would like to comment on this Reso--
lution and say a few words in its favor.
The Council has been waiting a long time to terminate
the agreement with the underwriters for the retirement of the
Parking Bonds. He doesn't know when the final payment will occur,
but the Council soon will be in a position to remove the parking
meters entirely both from the parking lots and the streets. As
most of the meters are in his Ward, he has had many complaints
about them. He has suggested to the staff that since this was
coming up, there should be some recommendation from them, but the
Council has not as yet received this recommendation. It is his
purpose tonight to ask the Council to pass a Minute Order requiring
the Traffic Authority to remove the parking meters from all lots
and streets downtown, unless the staff has something to say on it.
Mr. Bergen stated he thinks there are a lot of other
things to consider. The Council took action a couple of weeks ago
requesting the staff to submit a report within the next thirty or
sixty days on the disposition of the meters and what is to be done
in the downtown area. There is no question in his mind but it will
be necessary to leave some of the meters, especially some of those
on the parking lots. There will be problems with traffic enforce-
ment. Extra employees can be hired and be stationed at the gates
of the parking lots, but with the study he has made up to this
time, he personally would not recommend that this be done. Of
course the Council can take them out, but he thinks a little more
thought should go into it before they are arbitrarily removed.
Bakersfield, California, October 7, 1968 - Page 6 299
Councilman Stiern commented that it was his recollection
that these meters were put on the streets originally by a vote of
the people, as a means of producing revenue to pay for the parking
lots. It has never been made clear to the public that it was not
an arbitrary action of any Council that these meters are retained.
Perhaps there are good reasons for keeping the meters on the lots
and the streets, he is anxious to hear the staff's report, but at
this moment, he would like to go on record as one Councilman, that
he would favor removing the meters, and if they stay, it should be
made very clear that they are there because the downtown merchants:,
or the traffic authority or somebody else, thought that it was a
good idea to leave them there.
City Manager Bergen replied that the meters are not there
for revenue, that is a secondary purpose. He would agree with
members of the Council that it would be a good idea not having re-
strictions on the meters. When the bonds are paid off, the Traffic
Authority, with the approval of the Council, can operate the meters
with a lot more latitude. If they want to cover them up for a down-
town promotion program, or rent them out to the merchants for a day,
things of this nature, it can be done. If the City wants to hire
enough people to operate the lots and provide parking for the
shoppers, this can be done, he is just saying that he thinks it is
an economic matter and when the Council considers it, they will act
accordingly.
Councilman Rees stated he doesn't like parking meters, but
he shies away from it becoming an emotional issue, however, if the
meters are removed, what is the alternative? If the meters are
removed, the City is faced with the whole broad spectrum of traffic
and parking regulations. He has talked to some of the downtown
merchants and they have requested when this matter comes up before
the Council, to be brought into the discussion and consulted as to
the various alternatives. Whatever is done should be the result of
staff study in depth and Council committee study, and the very best
minds and resources should be consulted be£ore any action is taken.
Hopefully, all meters can be eliminated, but it must be done in an
orderly fashion.
Bakersfield, California, October 7, 1968 - Page ?
Councilman Heisey stated in his opinion meters are needed
to regulate traffic. He concurs wholeheartedly with what Mr.
Bergen has said, the Council will have a great deal of latitude.
Many cities have free days on which the merchants buy the me.ters,
shoppers come to town and receive free parking, etc. He believes
there should be a very firm recommendation from t~he merchants in
the downtown area, their opinions should be taken into considera-
tion.
Councilman Vetter commented that he thinks it is a "must"
that the City provide as much free parking as possible, this has
been the contention of the downtown people all along. He would
like to see free parking downtown and very few meters left except
those necessary for traffic control.
Councilman whirremote pointed out that these meters have,
always been a bone of contention, and one of the problems is pre-
venting the employees from parking in the spaces which should be
reserved for shoppers. Perhaps parking lots could be provided
for the employees of the downtown area and keep the streets for
the shoppers.
Councilman Stiera said that people do not like the meters
and he is of the opinion that they are a psychological deterrent
to the economy and success of the downtown area. For years it
has been stated that when the bonds are retired and the lots are
paid for that the meter heads would come out, this has been pro-
mised. If it is made clear to him that they should. stay, if the
downtown merchants want them to stay, that is different, but he
hopes that the staff's report makes it very clear and definite.
City Manager Bergen stated the Council, by Minute Order,
has directed to staff to submit a report and the staff is in the
process of making a study of revenue derived from the meters and
costs of parking control without meters, which study should be
ready for presentation to the Council sometime between November 1
and December 1.
Bakersfield, California, October 7, 1968 - Page 8 ,)O1
All members of the Council agreed that final judgment
should be reserved until the staff report is made and that the
study should be given full considerat~ion.
Vote was then taken on adoption of
carried by the following vote:
Ayes: Councilmen Heisey, Hosking,
Whittemore
Noes: None
Absent: None
the Resolution, which
Upon
from Vella Lee
Upon
Rees, Rucker, Stiern, Vetter,
Claim for damages from Vella Lee Abney
referred to the City Attorney.
a motion by Councilman Whittemore, claim for damages
Abney was referred to the City Attorney.
Claim for damages from Merna H. Neumen,
as Guardian Ad Litem for claimant,
Robert E. Hingston, referred to the
City Attorney.
a motion by Councilman Rucker, claim for damages
from Merna B. Neumen, as Guardian Ad Litem for claimant,
Hingston, was referred to the City Attorney.
Request from the Bakersfield City
School District to connect new Leo
G. Pauly School to the City sewer
system granted subject to certain
conditions.
Upon a motion by Councilman Whittemore,
Robert E.
request from
Bakersfield City School District to connect new Leo G. Pauly School
to the City sewer system was granted subject to submitting plan and
profile of the sewer installation for approval by the City Engineer
and entering into a suburban sewer rental agreement for the service.
Request from Jim Dale to paint the
divider island on Panorama Drive an
asphalt green color referred to the
staff for handling.
Upon a motion by Councilman Stiern, request from Jim Dale
that the divider island on Panorama Drive from Mr. Vernon to Wenat-
chee be painted an asphalt green color, was referred to the staff
with instructions to write to Mr. Dale and explain that trees must
be planted before any painting is done, and this area will be con-
sidered for painting if funds are available in this fiscal year's
budget, if not, it will be considered in next year's budget.
Bakersfield, California, October 7, 1968 - Page 9
Adoption of Ordinance No. 1760 New Series
amending Section 6.08.020 (c), Section
6.08.040 (a) (1), Section 6.08.050 (a),
Section 6.08.080 and Section 6.08.1110, of
Chapter 6.08 (Sales and Use Tax) of the
Municipal Code of the City of Bakersfield.
Upon a motion by Councilman Vetter, Ordiuance No. 1760
New Series amending Section 6.08.020 (c), Section 6.08.040 (a) (1),
Section 6.08.050 (a), Section 6.08.080 and Section 6.08.110, of
Chapter 6.08 (Sales and Use Tax) of the Municipal Code of the City
of Bakersfield, was adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
'Denial of request from George F. McCourry
for a median island break and a left turn
slot in the divider on South "H" Street
south of Julian Avenue~
At a regular meeting of October 2, 1968, the Planning
Commission considered Council referral of request of George F.
McCourry as represented by Bruce Bunker, attorney for a median
island break and left turn slot, approximately 300 feet south of
Julian Avenue on South "H" Street. After due consideration of
the request and the policies and standards pertaining to median
island breaks on major arterials presented by the Engineering
Department, the Commission recommended that the request be denied.
It was then moved by Councilman Rees that the request be denied.
Councilman Whirremote stated he has talked this matter
over with Mr. McCourry several times and recognizes that he has a
problem there. He asked that before the Council denys this request,
if every possible avenue has been explored to see if it would be
feasible to give him the break in this island. Mayor Karlen
commented that this request had been given a hearing at the last
meeting when Councilman Whittemore was absent.
Bakersfield, California, October 7, 1968 - Page 10 3(13
Ayes:
Noes:
Absent:
City Manager Bergen reiterated that this matter was
discussed at the Council meeting last week and at the Planning
Commission meeting for a considerable length of time. In addition,
both he and Mr. Jing, Public Works Director, have discussed this
with Mr. McCourry several times, and have endeavored to work out
various alternates to provide access, but no complete agreement
has been reached. The City doesn't have rigid standards on this,
the staff realizes how important these left turn slots are, but in
his opinion, it would be impossible to allow a left turn break there
without significantly modifying the standards which would open it up
to a great many other people in the City who have been turn down
when they have requested breaks in the median island.
After considerable Council and staff discussion, vote was
then taken on Councilman Rees' motion, which carried by the following
roll call vote:
Councilmen Heisey, Rees, Rucker, Stiern
Councilman Hosking, Vetter, Whirremote
None
Approval of Agreement with P. G. & E.
for pole contacts at 21st and "F"
Streets and at 21st and "L" Streets.
Upon a motion by Councilman Hosking, agreement with P. G.
& E. for pole contacts at 21st and "F" Streets and at 21st and "L"
Streets was approved and the Mayor was authorized to execute same.
Approval of Agreement with P. G. & E.
for pole contacts at "L" Street with
Truxtun Avenue.
Upon a motion by Councilman Hosking, agreement with P. G.
& E. for pole contacts at "L" Street with Truxtun Avenue was approved,
and the Mayor was authorized to execute same.
Bakersfield, California, October ?, 1968 - Page 11
Approval of Agreement with the Southern
Pacific Company for installation of an
irrigation pipe and casing across the
Buttonwillow Branch of the Southern
Pacific Railroad at its crossing with
South "H" Street.
Upon a motion by Councilman Whirremote, agreement with
the Southern Pacific Company for installation of an irrigation
pipe and casing across the Buttonwillow Branch of the Southern
Pacific Railroad at its crossing with South "H" Street, was
approved and the Mayor was authorized to execute same.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Vetter, the meeting was ad-
journed at 9:40 P.M.
MAYOR of the City of Bakersfield, ~alif.
ATTEST:
iT~E~ ' ~ .~
C TY CLI RK and Ex-Officio Clerk of the Council
of the City of Bakersfield, California
Bakersfield, California, October 21, 1968 305
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M. October 21, 1968.
The meeting was called to order by Mayor Karlen, followed
by the Pledge of Allegiance and Invocation by F. Lynn Blyston of the
Y.M.C.A.
The City Clerk called the roll as follows:
Present: Mayor Karlen. Councilmen Heisey, Hosking, Rucker,
Stiern, Whittemore
Absent: Councilman Vetter (Took his seat at 8:07 P.
Minutes of the
approved as presented.
Rees,
M.)
regular meeting of October 7, 1968 were
of the
plaque
in Employment Security) for the full cooperation and assistance
provided by the Mayor and the City to serve the youth of the
community.
Mr. George Barton, Manager of the Greater Bakersfield
Chamber of Commerce, reported that the Chamber's City Growth
Committee has been assisting in the promotion and education of the
citizens of the Plaza No. 1 area, proposed to be annexed to the
City of Bakersfield at a special election to be held on November 5,
1968. Mr. Barton stated that a petition has been filed with the
City Clerk for the annexation of Union No. 3, and that plans are
going ahead to hold a special election sometime in the early spring.
Councilman Rees stated he thinks the Chamber of Commerce
deserves the highest commendation for its efforts, especially
George Barton, Bill Horsley and Don Hopkins, who are working far
beyond the call of duty carrying out the functions delegated to
them by the City. Councilman Stiern stated he wanted to second
Mr. Rees' remarks as he thinks they are doing a marvelous job.
Mayor Karlen and Councilman Heisey agreed that the Chamber has
furnished outstanding service to the City of Bakersfield in its
annexation program.
Scheduled Public Statements.
Mr. Dale Cranford, Manager of the Youth Opportunity Center
State Employment Department, presented Mayor Karlen with a
from the I. A. P. S. (International Association of Personnel
Bakersfield, California, October 21, 1968 - Page 2
Mr. E. J. Starcher of l101 Beale Avenue, representing a
community organization and homeowners in East Bakersfield, addressed
the Council, stating that the.Lake Street Canal is in an unsightly,
unsanitary condition and is a serious threat to public health in
the area, and that he is present at the Council meeting to see
what can be done to get the canal covered. After considerable
discussion, upon a motion by Councilman Heisey, seconded by Council-
man Rucker, the Public Works Department was instructed to prepare
an updated report of the cost of covering the canal, the City
Attorney was requested to investigate what can be done from the
standpoint of abating a nuisance, and the staff was requested to
ask the Health Department to check on the sanitary condition of
the canal, all this information to be incorporated in a report to
be submitted to the Council within thirty days.
Correspondence.
Mayor Karlen discussed a communication which both he and
Councilman Stiern received from Mr. Jon Crawford of 707 Holtby
Road deploring the condition of the landscaping on the freeway
between White Lane and Olive Drive. Mayor Karlen stated he will
answer the letter and Councilman Stiern suggested that he inform
Mr. Crawford that the City will continue its efforts to have the
state landscape the freeways.
Mayor Karlen called attention to a communication from
the National League of Cities requesting the Council to designate
a voting delegate for the 45th annual Congress of Cities at New
Orleans, La., December 7-11, 1968. Upon a motion by Councilman
Stiern, seconded by Councilman Vetter, Mayor Karlen was delegated
to represent the City at this Conference. He stated that he would
present the city's resolution regarding Labor-Management disputes
at the Congress of Cities and he has been promised the support of
Mayor Sam Yorty of Los Angeles, Mayor Floyd Hyde of Fresno and
Mayor Loader of Delano.
The Mayor also brought to the attention of the Council a
letter received from the locak Kern County Economic Opportunity
Corporation, requesting the City to appoint an official
Bakersf±eld, California, October 21, 1968 - Page 3 307
representative to participate in all decisions concerning local
OEO programs made by the governing board. He stated he would send[
a copy of the letter and the by-laws of the agency to each member
of the Council for action in the near future.
Council Statements.
Councilman Hosking called attention to an editorial in
tonight's Bakersfield Californian entitled "City's Confusing Street
Signs" and stated he felt it was a very well-written, well-thought
out editorial and he agrees with it whole-heartedly. The Council
discussed the inconsistencies of the City's street signs and admitted
there is a certain degree of uniformity lacking in the city's existing
street signs.
Councilman Hosking commented that correcting this condition
cannot be done overnight and close cooperation with the County of
Kern is necessary to accomplish this. He also mentioned the house
numbering ordinance and feels that something should be done in
relation to this ordinance. He suggested that the Council attempt
to move forward with some action in response to this editorial and
after discussion, it was moved by Councilman Stiern, seconded by
Councilman Heisey, that the matter be re~erred to the Planning
Commission for study and recommendation.
City Manager Bergen reported to the Council that the State
Public Utilities Commission has approved the application of the
California Water Service Company for an order authorizing it to in-
crease rates charged for water service in the Bakersfield district
in order to offset the increase in federal income taxes resulting
from the 10% surcharge imposed. Councilman Hosking asked the legal
department if there was any possibility of the City making an appeal
to this decision in court. Assistant City Attorney Clayton stated
that the PUC had promulgated a regulation earlier which permitted a
rate increase on this basis with no further showing, therefore, the
City's protest lay with this regulation and not with their particular
adjudication of rates in this case. Mr. Hoagland was requested to
make inquiry as to whether the rates will drop when the surcharge is
no longer in effect.
Bakersf±eld, California, October 21, 19(48 - Page 4
Councilman Stiern stated that he was happy to report
that the Resolution which originated with the City Council of
Bakersfield and went through the South San Joaquin Division of
the League of California Cities was presented to the general Con-
ference o£ the League of California Cities in Los Angeles and was
adopted successfully by the general assembly. The Resolution is
a firm instruction to the Board of Directors of the League to
prepare legislation determined appropriate for the purpose of
terminating the unjust taxation imposed on incorporated taxpayers
by county government in California. In other words, there will
probably be some state legislation in this regard. He is still
hopeful that at the local level they will be able to work out the
difficulties with the Board of Supervisors by City-County coopera-
tion, although 2½ years have passed since the Stanford Research
Report pinpointing the areas of injustice and inequity was sub-
mitted. The Committee of the Council will continue to work with
the Board of Supervisors toward some solution.
Reports.
Councilman Rucker, chairman of the Business Development
and Parking Committee, read a report of a meeting held by that
Committee with members of the administrative staff and Mr. Lee
Noble of the Downtown Businessmen's Association, to discuss the
classification structure in the Business Promotion District
Ordinance.
During the course of the meeting, exclusion of pro-
fessional businesses from the district was fully considered; how-
ever, it was indicated that in all probability the exemption of
particular businesses only from the proposed district would be
unconstitutional. In view of this information, the Committee
cannot recommend the exemption of any designated businesses;
however, the Committee is prepared to recommend Class Ill busi-
nesses be required to pay a business promotion district tax of
only fifty percent above the business license tax rather than
100% as originally proposed.
Bakersfield, California, October 21, 1968 - Page 5 309
The Committee also reiterated the recommendations con-
rained in its report of September 30, 1968, for the Council's
consideration. They are as follows:
1. That Class III be eliminated and Class IV become
Class III
2. The following changes be made in Class II:
DELETED
(a) Auto Supplies
(b) Newspaper and magazine agencies
(c) Radio and television stations
(d) Schools (secretarial in trade)
(e) Funeral directors
ADDED
(a) Retail auto dealers (new and used)
(b) Employment and travel agencies
The Council establish an Advisory Commission to aid
the Council in Promotion District matters and that
the Commission be comprised of seven members selected
from business people conducting business within the
Promotion District.
Since the District is in the Fourth Ward, that
Councilman Richard Hosking be appointed as an
ex-officio member. The function of the Commission
will be to make recommendations to the City Council
on both policy and fiscal matters relating to the
Promotion District.
That Mr. Lee Noble be appointed as an interim
liaison between the City Council and the Down-
town Businessmen's Association until the
Advisory Commission is appointed. Mr. Noble's
duties will be to perform the preliminary leg-
work and prepare a budget for the District.
Councilman Rucker moved adoption of the Report. Councilman
Heisey seconded the motion, which motion, after discussion, carried
by the following roll call vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter
Noes: Councilman Whittemore
Absent: None
Adoption of Ordinance No. 1759 New Series
of the CoUncil of the City of Bakersfield
amending Section 6.50.050 (Rate of Additional
Tax) of Chapter 6.50 (Business Promotion
District) of the Municipal Code of the
City of Bakersfield.
After discussion, upon a motion by Councilman Hosking,
Ordinance No. 1759 New Series of the Council of the City of BakersJ~ield
310
Bakersfield, California, October 21, 1968 Page 6
amending Section 6.50.050 (Rate of Additional Tax) of Chapter 6.50
(Business Promotion District) of the Municipal Code of the City of
Bakersfield, as amended, was adopted by the following roll call
vote:
Ayes:
Noes:
Absent:
Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter
Councilman Whittemore
None
Mayor Karlen reported that he and Assemblyman Kent
Stacey had made a presentation to the State Highway Commission,
which is holding hearings in the Council Chambers, regarding the
interchange at Mount Vernon and Freeway 178, and have asked for
consideration of an addendum to a contract that has been recently
awarded by the State, which would make this a partial interchange.
It is hoped that the Commission will consider favorably the
suggestions which he and Assemblyman Kent Stacey o~fered.
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers Nos. l191 to
1403 inclusive, in amount of $180,922.39, as audited by the
Finance Approval Committee, were allowed, and authorization was
granted for payment of same.
Appointment of Member of the Board
of Charity Appeals and Solicitations.
Councilman Stiern proposed the name of Mr. Donald
Whipple, 1408 West Point Drive, and upon a motion by Councilman
Hosking, Mr. Whipple was appointed as a member of the Board of
Charity Appeals and Solicitations for a four year term expiring
October 1, 1972.
Action on Bids.
Upon a motion by Councilman Heisey, low bid of Salomon
Pipelines Construction Company for construction of a Pump Station
and Force Main along Golden State Avenue between "F" Street and
the Kern River was accepted, all other bids were rejected, and
the Mayor was authorized to execute the contract.
Bakersfield, California, October 21, 1968- Page 7
Finance Director authorized to receive
contribution of $50,000 from California
Water Service Company in accordance with
Agreement No. 5-68.
The California Water Service Company has provided the
Public Works Department with a notice of its acceptance for main-
tenance of the water system extension installed in the Pierce No. 1
Annexation under Public Improvement District No. 821, and upon a
motion by Councilman Hosking, the Finance Director was authorized
to receive the contribution of $50,000 from the California Water
Service Company in accordance with Agreement No. 5-68 and make
payment of $50,000 to the contractor, the W. M. Lyles Company, on
Public Improvement District No. 821.
Adoption of Resolution No. 92-68 of the
Council of the City of Bakersfield
ordering and declaring the dissolution
of the E1 Camino and the Sunset Lighting
Districts located within the City limits
of the City of Bakersfield, California.
Upon a motion by Councilman Whittemore, Resolution No.
92-68 of the Council of the City of Bakersfield ordering and de-
claring the dissolution of the E1 Camino and the Sunset Lighting
Districts located within the City limits of the City of Bakersfield,
California, was adopted by the following vote:
Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
None
None
Ayes:
Noes:
Absent:
Adoption of Resolution No. 93-68 of
Application for a change of organization
by the Council of the City of Bakersfield
requesting the Local Agency Formation
Commission to approve and institute if
necessary the dissolution of the E1 Camino
and the Sunset Fire Protection Districts.
Upon a motion by Councilman Rucker, Resolution No. 93-68
of Application for a change of organization by the Council of the
City of Bakersfield requesting the Local Agency Formation Commission
to approve and institute if necessary the dissolution of the E1 Camino
312
Bakersfield, California, October 21, 1968 - Page 8
and the Sunset Fire PrOtection District,
following vote:
Ayes:
Noes:
Absent:
was adopted by the
Councilmen Heisey, Hosking,
Whirremote
None
None
Rees, Rucker, Stiern, Vetter,
Approval of Agreement with Pacific Gas
& Electric Company for electrical ser-
vice at the Columbus Street/Rice Street
intersection and at the Columbus Street/
University Avenue intersection.
Upon a motion by Councilman Heisey, agreement with the
Pacific Gas & Electric Company for electrical service at the
Columbus Street/Rice Street intersection and at the. Columbus
Street/University Avenue intersection, was approved., and the Mayor
was authorized to execute same.
Acceptance of Grant Deeds from Moncure
Brothers and Jean Campbell for interests
in property on South "H" Street required
for the:widening of South "H" Street
between Ming Avenue and White Lane.
Upon a motion by Councilman Whittemore, Grant Deeds
from Moncure Brothers and from Jean Campbell for their interests
in property on South "H" Street required for the widening of
South "H" Street between Ming Avenue and White Lane, were accepted.
Approval of Map of Tract No. 3202 and
Contract for improvement of same.
Upon a motion by Councilman Stiern, it is ordered that
the Map of Tract 3202 be, and the same is hereby approved; that
all the easements, drives and lanes, shown upon said map, therein
offered for dedication, be and the
the purpose for which the same are
suant to the provisions of Section
same are hereby accepted for
offered for dedication. Pur-
11587 of the Business and Pro-
£essions Code, the Council of the City of Bakersfield hereby
waives the requirement of signatures of the following:
NAME
Kern County Land Company
Pacific Telephone
Telegraph Company
NATURE ~F INTEREST
Mineral rights below a depth of
500 feet with no right of sur-
face entry
10 feet easement along rear
lines of Lots 12 and 13, 5 feet
easement along rear line of Lot
5
313
Bakersfield, California, October 21, 1968 - Page 9
The Clerk of this Council is directed to endorse upon the
face of said Map a copy of this order authenticated by the Seal of
the Council of the City of Bakersfield and the Mayor is authorized.
to execute the contract for improvements in said Tract.
Approval of Map of Tract No. 3209
and Contract for improvement of same.
Upon a motion by Councilman Stiern, it is ordered that
the Map of Tract 3209 be, and the same is hereby approved, that all
the easements, drives, streets and ways shown upon said Map, therein
offered for dedication, be and the same are hereby accepted for the
purpose for which the same are offered for dedication. Pursuant to
the provisions of Section 11587 of the Business and Professions
Code, the Council of the City of Bakersfield hereby waives the
requirements of signatures of the following:
NAME NATURE OF INTEREST
Kern County Land Company, Mineral Rights below a depth of
500 feet with no right to sur-
face entry
The Clerk of this Council is directed to endorse upon the
face of said Map a copy of this order authenticated by the Seal of
the Council of the City of Bakersfield and the Mayor is authorized
to execute the agreement covering improvements in said Tract.
Approval of Street Lighting Plan
for Tract No. 3110.
Upon a motion by Councilman Heisey, Street Lighting Plan
for Tract 3110 was approved..
Acceptance of Grant Deed from George
E. Bailey for property required for
the westerly extension of California
Avenue from Real Road.
Upon a motion by Councilman Stiern, Grant Deed from George
E; Bailey for property required for the westerly extension of Calif-
ornia Avenue from Real Road was accepted.
Bakersfield, California, October 21, 1968- Page 10
Adoption of Resolution No. 94-68 of the
City Council of the City of Bakersfield,
California, repealing Resolution of In-
tention No. 801, and abandoning proceed-
ings pursuant thereto; approving a proposed
Resolution of Intention; and requesting
the consent of the Board of Supervisors
of the County of Kern to the formation
of the Assessment District, to the
acquisitions and improvements described
and to the assumption of jurisdiction
thereover.
Upon a motion by Councilman Whirremote, Resolution No.
94-68 of the City Council of the City of Bakersfield, California,
repealing Resolution of Intention No. 801 and abandoning proceedings
pursuant thereto; approving a proposed Resolution of Intention;
and requesting the consent of the Board of Supervisors of the
County of Kern to the formation of the Assessment District, to the
acquisitions and improvements described and to the assumption of
jurisdiction thereover, was adopted by the following vote:
Ayes:
Noes: None
Absent: None
Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
whirremote
90 day leave of absence without pay
granted R. L. Shepard, Equipment
Operator II, Public Works Department.
Upon a motion by Councilman Rees, a 90 day leave of
absence without pay was granted R. L. Shepard, Equipment Operator
II, Public Works Department.
Hearings.
This was the time set for hearing on Resolution of
Intention No. 834 of the Council of the City of Bakersfield de-
claring its intention to order the vacation of the alley in Block
528, City of Bakersfield. Request for this vacation was made by
the Bart Electric Company and has been approved by the Planning
Commission. This hearing has been duly posted and no written
protests have been received in the City Clerk's office. No pro-
tests or objections having been received, the Mayor declared the
public hearing closed. Upon a motion by Councilman Rosking,
Resolution No. 95-68 of the Council of the City of Bakersfield
31 5
Bakersfield, California, October 21, 1968 - Page 11
ordering the vacation of the alley in Block
was adopted by the following vote:
Ayes: Councilmen Heisey, Rosking,
Whittemore
Noes: None
Absent: None
No. 835 of
This was the
the Council
528, City of Bakersfield,
Rees, Rucker~ Stiern, Vetter~
time set for hearing on Resolution of Intention
of the City of Bakersfield declaring its in-
tention to order the vacalon of a portion of 32rid Street between "K"
Street and Jewett Avenue in the City of Bakersfield. Request for
this vacation was made by the McCarthy Tank & Steel Company and has
been approved by the Planning Commission. This hearing has been
duly posted and no written protests have been received in the City
Clerk's office. No protests or objections being received, the Mayor
declared the public hearing closed. Upon a motion by Councilman
Heisey, Resolution No. 96-68 of the Council of the City of Bakers-
field ordering the vacation of a portion of 32nd Street between "K"
Street and Jewett Avenue in the City of Bakersfield, was adopted by
the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Ruckerj Stiern, Vetter,
Whittemore
Noes: None
Absent: None
The Resolution ordering the vacation was adopted subject
to the condition that curb and gutters be constructed or a bond
posted for this purpose.
This was the time set for continued public hearing before
the Council of the City of Bakersfield on the establishment of a
Business Promotion District with a modification of boundaries. This
hearing was continued from meeting of September 30, 1968, to conform
with the presentation of a.report by the Business Development and
Parking Committee on the classification structure and other perti-
nent matters set forth in the Business Promotion District Ordinance.
316
Bakersfield, California, October 21, 1968 - Page
Councilman Hosking moved adoption of Resolution No.
97-68 of the City of Bakersfield, California, making findings and
overruling protests and objections and ordering the formation of
a Business Promotion District in that portion of Downtown Bakers-
field described herein in said Resolution; determining that addi-
tional tax should be imposed upon those businesses in said Busi-
ness District, determining the uses to which the additional
revenue derived from the additional tax shall be put, and deter-
mining the extent of taxes to be levied to support said district,
and determining that the public convenience and necessity require
the formation of said District.
Councilman Vetter stated he has spoken against this
Promotion District a number of times. The amendments which he has
voted for have made it more palatable to the people in the business
district who will be paying the additional taxes. He still thinks
the additional taxes are going to be a burden to some people in
the district, and also that these people will not realize the
amount of these additional taxes until the tax bill comes out in
January. Mainly, his opposition is not because he does not want
the downtown to be developed and promoted as much as possible, but
he feels that a private agency such as the downtown business associa-
tion, could do this without a city advisory commission of the City
Council having a role in collecting money from them and stipulating
how this money should be spent, if they had the full support of all
the people in the particular area. He commented that he sincerely
hopes he is wrong and that the additional revenue derived from
this district will be a major factor in the redevelopment of the
downtown area.
Councilman Stiern requested the City Attorney to outline
the boundaries of the district, and Mr. Hoagland did so, stating
that at the present time the boundaries are coterminus with the
boundaries of the survey area for the redevelopment agency.
317
Bakersfield, California, 0ctobe~ 21, 1968 - Page 13
Councilman Heisey commented that Councilman Vetter has
voiced honest concern regarding the Business ~romotion District,
however, in this £nstanee, 'the people within this district have
asked that the district be formed and a tax be placed upon them in
order that all those benefiting shall oontribute to the district.
It is pretty much of a project of their ownand as far as being a
burden on them, he asked the City Attorney how much money would be
raised by this additional tax.
City Attorney Hoagland stated the business license tax at
the present time is undergoing study and revisions, so what will
develop out of this is a new business license tax. He stated he
thinks Mr. Haynes, the Finance Director, has made some estimates in
this regard. Mr. Haynes told the Council that their best estimate,
if business licenses themselves are not lowered, is roughly in the
neighborhood of $25,000 a year. Any'substantial reduction in the
license rates would put the income at less than $20,000 a year.
Mr. Lee Noble, of the Downtown Businessmen's Association,
addressed the Council and explained the preliminary plans for the
establishment of the business promotion district and for preparing
a budget for it. He stated that the benefits for the district
cannot be determined in advance of the actual operation. He did
point out that one of the major expenditures for this promotion
district is Christmas decorations, which will amount to about
$8,000. About a third of the annual budget will be used for this
one event alone. Salaries will take up another portion, so there
won't be very much left to work with.
Vote was then taken on Resolution No.
by the following roll call vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker,
Noes: Councilman Vetter
Absent: None
Adjournment.
There being no further business to come before the Council
upon a motion by Councilman Rucker, the meeting was adjourned at
MAYOR of the City of Bakersfield, Calif.~
CITY ~
Ex-l~flcxo ~lerx ox the Council
of the City of Bakersfield, California
97-68, which carried
Stiern, Whittemore
318
Bakersfield, California, October 28, 1968
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M. October 28, 1968.
The meeting was called to order by Mayor Karlen followed
by the Pledge of Allegiance and Invocation by the Reverend James
Patterson of the First Presbyterian Church.
The City Clerk called the roll as follows:
Present: Mayor Karlen. Councilmen Heisey, Hosking, Rees, Rucker,
Stiern, Vetter, Whittemore
Absent: None
Minutes of the regular meeting of October 21, 1968 were
approved as presented.
Scheduled Public Statements.
Mr. Roland Woodruff, attorney for the Greater Bakersfield
Separation of Grade District, which has proposed the construction
of the "F" Street undercrossing which will interconnect "F" Street
with "A" Street under the Santa Fe Railroad tracks immediately
north of the Bakersfield High School, addressed the Council. To
finance the local agency's share of this project, the District has
placed Proposition "H" on the ballot which asks that the District
be permitted to subscribe to a bond issue not to exceed $500,000.01)
in bonds. The District feels that this is of such importance to
the citizens of Bakersfield and the metropolitan area, that they
are asking the Council to publicly endorse this project as part
of the General Master Plan for streets and highways within'the
City. There is an urgency in getting this proposition approved
at this time to save approximately $500,000.00 in contributions
which will be made to this project by the Santa Fe Railroad
Company if passed at this time. After considerable discussion,
upon a motion by Councilman Heisey, Resolution endorsing the
passage of Measure "H" on the ballot for the construction of the
"F" Street undercrossing and urging the public to vote for this
proposition for the good of the community, was adopted by the
following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Noes: None
Absent: None
Whittemore
31 9
Bakersfield, California, October 9.8, 1968 - Page 2
Correspondence.
Mayor Karlen called attention to a request from the Kern
County Historical Society for the City Council to declare the yea~?
1969 as Centennial Year for the City of Bakersfield and stated that
perhaps some action can be taken at the next meeting.
Action on request from the Kern County Economic Opportunity
Corporation to appoint a official representative from the Council to
exercise some voice in the program decisions which may affect the
City's programs was deferred for a week.
Council Statements.
Councilman Stiern called the City Manager's attention to
the existing 25 mile speed limit on Chester Avenue between Truxtun
Avenue and California Avenue. He stated that he contends it is
impossible to drive that stretch at 25 miles per hour, as most
traffic moves at 30 miles per hour or faster. He is of the opinion
that a more realistic speed limit should be setand asked the City
Manager to take this up with the Traffic Authority and report back
to the Council.
Councilman Rees commented that he was interested in the
report from Stone & Youngberg about Municipal financing which stated
that out of 40 recent California bond sales, there are only five
that received a lower bond interest rate than Bakersfield, and out.
of that 40, only two have a similar AA rating as the City's rating:.
City Manager Bergen advised that it was only two or three years ago
that the City received its AA rating, at the time the first Sewer
bonds were sold.
Councilman Heisey stated that he had received a letter
from a constituent complaining that a certain show scheduled to be
shown on Cable TV Channel 2 on Sunday, October 20, 1968, was not
shown. This constituent also told him that the Cable TV Company
leaves its phone off the hook, so that complaints cannot be made
.to the company. After discussion, Councilman Heisey moved that the
letter be received and referred to Councilman Vetter's Cable TV
Committee, which at the present time is reviewing the reception
and service provided by the Community Antenna Company in Bakers-
field. This motion carried unanimously.
320
Bakersfield, California, October 28, 1968 - Page 3
Councilman Stiern stated that the question has been
raised locally relative to a report in Time Magazine about the
high crime rate in the City of Bakersfield compared to other cities
in the United States. He has investigated this to his satis-
faction, and thinks that a statistic of this type from a national
magazine does a disservice to a very outstanding police force
such as the organization and men of the Bakersfield Police Depart-
ment. The statistic in question came from a book which is called
"Crime" published by J. Edgar Hoover, and the reason for the
relatively high percentile attributed to Bakersfield is two-fold.
The statistic mentioned involves Bakersfield and Kern County, the
whole county is responsible for the figure attributed to Bakers-
field. The second factor which he has investigated is that the
Bakersfield Police Department and the Kern County Sheriff's
Department does an outstanding job of reporting every crime, no
matter how small. This is precise crime reporting generally not
done in other Cities.
Mayor Karlen stated he had occasion to discuss. this
matter with Police Chief Towle and he agrees that the way
statistics are recorded makes all the difference in the conclusions
drawn and therefore this report is misleading.
Reports.
Councilman Heisey, chairman of the Water and City Growth
Committee, reported on a meeting with the City Manager to consider
a request of the Transit Division for the purchase of an additional
bus. This request is prompted due to the fact that the transit
system does not have a sufficient number of buses to supply the
transportation to which the City is committed. Also, the City
lacks a sufficient number of large capacity'buses due to the
increased use for school contracts.
for purchase will help alleviate the
school route and release one ,transit
The bus being recommended
crowded condition on one
bus for regular city routes.
This bus will be used for field trip work from the contracting
schools and other local student transportation, such as ,charters
to camps and mountain areas.
1
Bakersfield, California, October 28, 1968 - l~age 4
The Transit Superintendent has advised that charter work
has increased and the City can expect more of this work next summer.
By acquiring this bus there will be no conflict with long range
plans~£or the acquisition of new transit buses for the regular
city routes. The bus in question is a conventional large capacity
passenger carrier, diesel powered, and it will be :inspected mechani-
cally before purchase.
The Wafer and City Growth Committee would recommend that
the Council authorize .the purchase o£ this 51 passenger bus at the
price of $8,325. Sufficient funds are available and it is recommended
that funds. be transferred from.the Cash Reseryc for Equipment Replace-
ment Transit Operating Fund Balance to Account No. 60-160-7221.
Councilman Heisey moved adoption of the report. Counci]L-
man Whirremote asked where the City would be getting the bus and
its age. City Manager Bergen stated it is a school type of bus
and would come from the Los Angeles area. It is approximately ten
years old and would be purchased subject to the City checking it
mechanically. Mot~oa to adopt the report then carried unanimously.
Councilman H~isey read a report of the Water and City
Growth Committee, advising the Council on the selection of an
Engineering Firm for the construction of the new sewer facilities
in the Southwest Bakersfield area. The Committee relied upon the
Public Works Department to supply them with the basic information
to make a selection. It is the Committee's feeling that this work
be done locally where possible. All local firms are qualified and[
several of them can handle the work without the need ~or special
staf~iag. However, because of the continuing advance of the
science of sewage treatment, it is necessary that the local firms
associate with larger engineering firms who are familiar with these
rapid advances and have the necessary sophistication.
Four local firms have indicated they would enter a joint
venture with specialists in the sanitary field. The Public Works
Department conducted personal interviews with representatives of
the local firms and the associate firms to determine their
familiarization with projects of this nature. After careful
evaluation, the Committee is willing to accept the recomm~endations
of the Public Works Department and would recommend that the City
322
Bakersfield, Califqrnia, October 28, 1968 - Page 5
retain the firm of Rickett, Reaves and Ward in a joint venture
with Engineering Science, Inc.~of Los Angeles. Other work
associated with the building of the sewer facilities for south-
west Bakersfield will be farmed out to other local firms at
standard fees so that the City may spread as much of its business
locally, as possible. Councilman Heisey moved.adoption of the
report, which carried unanimously.
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers Nos. 1404 to
1513 inclusive, an amount of $28,266.65, as audited bY the Voucher
Approval Committee, were approved, and authorization was granted
for payment of same.
Acceptance of bid of Thorp's Harley
Davidson for Nine Solo Motorcycles.
Upon a motion by Councilman Whittemore, bid of Thorp's
Barley Davidson for Nine Solo Motorcycles was accepted, this
being the only bid received.
Adoption of Resolution of Intention
No. 836 of the Council of the City
of Bakersfield, California, declaring
its intention to order the vacation
of a portion of Butte Street in the
City of Bakersfield.
Upon a motion by Councilman Vetter, Resolution of In-
tention No. 836 of the Council of the City of Bakersfield, Calif-
ornia, declaring its intention to order the vacation of a portion
of Butte Street in the City of Bakersfield, California, and
setting the date of November 18, 1968 for hearing before the
Council,
Ayes:
Noes:
Absent:
was adopted by the following vote:
Councilmen Beisey, Hosking, Rees,
Whittemore
None
None
Rucker, Stie~n, Vetter,
Bakersfield, California, October 28, 1968 - Page 6
Reception of City Clerk's Certificate of
Sufficiency of Petition for Annexation
of inhabited territory designated as
Union No. 3.
Upon a motion hy Councilman Stiern, the City Clerk's
Certificate of Sufficiency of Petition for Annexation of inhabited
territory designated as Union No. 3 was receivedwand ordered placed
on file and the City Attorney was instructed to prepare a Resolution
of Intention to call a Special Election for that purpose.
Approval of Agreement with Kern Island
Canal Company for installation of
fencing between the Kern Island Canal
and South "H" Street.
Upon a motion by Councilman Whittemore, agreement with
the Kern Island Canal Company for the installation of fencing
between the Kern Island Canal and South "H" Street was approved
and the Mayor was authorized to execute same.
Approval of Change Order No. i to tile
Contract for the Improvement of South
"H" Street between Ming Avenue and
White Lane.
Upon a motion by Councilman Whittemore, Change Order No.
i to Dicco, Inc. in amount of $5,622.15, to the contract for the
Improvement of South "H" Street between Ming Avenue and White Lane
was approved and the Mayor was authorized to execute same.
Approval of Agreement with Pacific Gas
& Electric Company for electrical service
at the sewage pumping station which will
serve the Pierce Road area.
Upon a motion by Councilman Hosking, agreement with the
Pacific Gas & Electric.Company for electrical service at the sewage
pumping station which will serve the Pierce Road area was approved
and the Mayor was authorized to execute same.
Approval of Supplemental Agreement with
the California Water Service Company' for
extension of water facilities in Orin Way
east of Pierce Road.
Upon a motion by Councilman Hosking, supplemental agree-
ment with the California Water Service Company for extension of
water facilities in erin Way east of Pierce Road, was approved and
the Mayor was authorized to execute same.
Bakersfield, Cali£ornia, October 28, 1965 - Page ?
Acceptance of Sewer Easement from Ming
Investment Company within the £uture
alignment of Akers Road south from Ming
Avenue.
Upon a motion by Councilman Whittemore, sewer easement
from the Ming Center Investment Company for the trunk sewer to be
installed in Akers Road as part of the City's southwest Bakersfield
sewer project was accepted.
Approval of Plans and Specifications for
the Modification of Traffic Signal and
Lighting Systems at Truxtun Avenue and
"L" Streets.
Upon a motion by Councilman Hosking, plans and specifi-
cations for the modification of Traffic Signal and Lighting
Systems at Truxtun Avenue and "L" Streets were approved and the
Finance Director was authorized to advertise for bids.
Approval of application of McCarthy Tank
and Steel for encroachment permit for
installation of a fence on the south side
of 32rid Street between "K" Street and
Jewett Avenue.
Upon a motion by Councilman Hosking, encroachment permit
was granted McCarthy Tank and Steel for installation of a seven
foot fence on the south side of 32nd Street between "K" Street
and Jewett Avenue.
Hearings.
This was the time set £or hearing on a request by
Deeter Construction, Inc. to amend the Zoning Boundaries from an
R-4-D (Multiple Family Dwelling - Architectural Design) Zone and
£rom a C-O-D (Professional Office - Architectural Design) Zone to
a C-1 (Limited Commercial) or more restrictive, Zone, of that
certain property commonly known as 3801 Columbus Avenue.
This hearing has been duly advertised and posted. At
the request of Councilman Stiern, Planning Director Sceales stated
that at a public hearing held October 2, 1968, the request for
this change of zone was duly heard and considered, and the Planning
Commission found as follows:
1. The applicant wishes to rezone this property on
the northwest corner of Columbus and Oswell
Street from an R-4-D and C-O-D to a C-1 Zone
Bakersfield, California, October 28, 1968 - Page
2. The original intent of the Planning Commission
was to zone an area large enough to accomodate
a planned neighborhood shopping center to serve
the residents o£ this area. The commercial
zoning should not encroach into the residential
neighborhood along Columbus Street as the pro-
perty is presently zoned for professional offices
and multiple dwellings which provide for a logi-
cal transition from the nieghborhood shopping
center to the multiple and single family homes
in this area.
3. Several residents living on the west side of
Columbus across from subject property, as well
as other people in the immediate vicinity,
appeared in opposition to the proposed zone
change
Therefore, the Planning Commission recommended that this
request for a zoning change be denied.
Mr. Bob King, appearing on behalf of the applicant, I)eel;er
Construction Company, stated that he wanted to be sure that the
Council was familiar with the precise parcel they were talking
about, and pointed it out on the map in the Council[ Chambers. They
are asking for the construction of a Union Oil Service Station.
There presently exists a Richfield Service Station immediately
across the street. He appeared before the Planning Commission when
this matter came up, and it is his opinion that the deck was stacked
as far as this application was concerned.
The recommendations of the Planning staff were based on
the-fact that there had been some cloakroom .negotiations a few
years ago when this particular tract was laid out, and the staff
was extremely upset because someone had come along and suggested a
change in the rather vague oral committments which went on at that
time. This particular area was set up with the thought in mind that
it and the other areas on the same side of the street where the
service station is proposed, would become some sort of a professib~nal
office area and a commercial zone, that there would be a demand for
this sort of construction.
there for over three years,
use which it was intended,
This did not develop, the land has been
and if it could have been used for the
this would have been done.
Other things have happened which should be taken into con-
sideration. The new high school has been approved and construction
326,
Bakersfield, California, October 28, 1968 - Page 9
will be started soon, which will, without a doubt, iacrease the
traffic. Also, the extension o~ the east-west freeway will pass
within a mile of this service station. In fact, the station is
designed because there will be an off-ramp from the freeway which
makes the service station conveniently located on the right hand
side of the road for the people going home from work, which is
when most people buy gasoline.
He stated that the man who was the most vociferous at
the Planning Commission hearing lives directly across the street
and also owns the Richfield Service Station, and the other objectors
are either customers, neighbors or friends of this gentleman. He
added that this area deserves more service than one station can
furnish. He reported on the revenue which would be derived from
the operation of the service station. A representative of the
Union Oil Company also explained the operation and design of the
station and spoke in favor of granting the application for the
rezoning.
Elmo C. Poff, who resides at
owner of the Richfield Service Station,
3812 Columbus Avenue, the
stated he has two reasons
why he doesn't want this station erected. He lives across the
street and he doesn't think there is enough business for two
stations in the area. He pointed out that there are ll service
stations already in operation within a radius of eleven-tenths of
a mile from this area.
Also speaking in opposition to granting the application
for the rezoning were Eugene F. Sanders of 3800 Columbus Ave.hue,
and Carlie C. Long of 1312 Princeton Street and Thomas Goblirsch
of 5224 Kent Drive, who oppose the change in the zone because
they jointly own property in the area with the idea of constructing
professional offices. Also Mr. Keith D. Berry, 3900 Ridge Moor
Avenue, Don Poole of 2916.Maywood Drive,- Robert Avery of 3005
Maywood Drive and Mrs. William A. Dougan of 3824 Columbus Street.
All of these persons stressed the fact that they did not want a
service station in their back yards, were opposed to the noise and
additional traffic which would result from a service station, and
also for aesthetic reasons. Several people called attention to
the corner in question being an authorized bus stop for pupils from
various schools in that area and felt that it would constitute a
dangerous traffic hazard for these children.
327
Bakersfield, California, October 28, 1968 - Page 10
In rebuttal, Mr. Bob King stated that in all sincerity
and honesty there isn't a person present who wouldn't be opposed
to having a service station built across the street from his house.
And if that was the general feeling, there wouldn't be a neighbor--
hood gas station built in the city. He hopes that the Council will
remember that there are several hundred other residents in the same
area who would be benefited from this construction. He also pointed
out that there have been a number of changes in the master plan and
there should be no objection to making this change in the zoning,
the property should be utilized the best way possible. There is an
enormous commercial existing at this location at the present time
and addition of another service station would not depreciate the
value of the property in the area any more than it already is
depreciated. If there is any danger to the school children, it would
be no problem to simply move the bus stop to another location. He
again asked that the Council approve the application, but if it is;
not approved, someone will be back at some future time to have this
property ultimately put in its proper use, rather than have it
sitting there growing weeds.
Mr~ Don Poole and Mr. Thomas Goblirsch, opponents of the.
rezoning, again reiterated their previous arguments. Mayor Karlen
closed the public portion of the hearing for the Council discussion
and deliberation.
Councilman Rees voiced his objection to Mr. King's remarks
about cloakroom diplomacy, stating that as far as he can see, the
public hearings have been conducted very open and above-board, and
he intends to consider the proposal on this basis. He is inclined
to respect the judgment of the Planning Commission which voted
unanimously to reject the request.
Councilman Hosking stated he has sat through many of these
hearings and he used to think that one could rely on the Planning
Coramission or the Board of Zoning Adjustment to make objective
decisions, until it was decided that an orphanage was necessary in
the Fourth Ward against the unanimous opposition of all the
neighbors.
Bakersfield, California, October 28, 1968 - Page 11
the area,
it is sought
existing one,
He therefore
If there wasn't a service station already located in
he could see something wrong with it, but just because
to put another station there in competition to the
he fails to see the reason for the opposition to it..
intends to vote for this zone change.
Councilman Rucker stated he agrees with Councilman
Hosking, He feels that inasmuch as there is already a service
station on one corner, another one would not make much difference.
He is of the opinion that the Planning Commission usually tries
to protect the people in the area by requiring a wall which would
act as a barrier-to the noise and traffic.
Councilman Heisey stated he thinks this corner is ideally
located for a service station, however, he is completely in sym-
pathy with the people who are protesting. Possibly, ~that piece
of ground can be used for multiple apartments, which would be more
acceptable to the neighborhood. He is reluctant to go against thE,
unanimous decision of the Planning Commission, especially when
there are so many people in the neighborhood who do not wish to
accept it. However, this corner cannot be left vacant indefinitely.
As Mr. King pointed out, somebody is going to be baqk to the
Council again and again until something is built there. I£ it is
turned down tonight and something like an apartment complex which
would be compatible with the area is not built on it within the
next year, he will be willing to vote in favor of rezoning this
property.
Councilman Stiern commented that a marvelous concept of
gradualism can occur, and this concept can gradually be changed to
put heavier than intended use on this corner, and then gradually
change the zoning of the property to the north, particularly if
a desirable tenant came along to change the whole concept of what
is good zoning. Personally, he does not think thai; a service
station belongs in close proximity to a residential area. The
fact that one is already located there alters the zoning adjacent
to it. People should know when they make an investment in a home
what the potential development of an area will be and ~hould be
able to depend on the assurance given them when they bought their
property.
Bakersfield, California, October 28, 1968-Page 12 329
Councilman Vetter stated the physical aspects of the pro-
perry are important, he certainly sympathizes with the people across
the street. He asked if it would be possible to defer it a week, so
that he could inspect the property Which up to this point he has not
been able to do.
Councilman Hosking commented that the hearing was finished,
it is just up to the Council to make a decision.
Councilman Whittemore stated that these are always difficult
decisions to make. The Council wishes to permit an owner to have the
highest and best use of his property but it still can't overlook the
wishes of the people in the neighborhood. He feels much as Council-
man Heisey does, if it isn't granted tonight, that eventually thai;
corner, which is well-suited for a commercial development, will be
rezoned by the Council.
It was then moved by Councilman Hosking, that an Ordinance
amending Title 17 granting the rezoning with a D-Overlay, be adopted.
This motion failed to carry by the following roll call vote:
Ayes: Councilmen Hosking, Rucker
Noes: Councilmen Heisey, Rees, Stiern, Vetter, Whittemore
Absent: None
Councilman Stiern moved adoption of Zoning Resolution Ne.
212 denying application of Deeter Construction, Inc. to amend Title
Seventeen of the Bakersfield Municipal Code by changing the Lane Use
Zoning of that certain property
known as 3801 Columbus Street.
roll call vote:
in the City of Bakersfield commonly
This motion carried by the following
Ayes: Councilmen Heisey, Rees, Stiern, Vetter, Whittemore
Noes: Councilmen Hosking, Rucker
Absent: None
Adjournment
There being no further business to come before the Council,
upon a motion by Councilman Whittemore, the meeting was adjourned at
10:48 P.M. ~ '~
MAYOR of the City of Bakersfiel~alif~
ATTEST:
cl~~ ~n~x-~icl'o~f the Council
of the City of Bakersfield, California
3: 0
Bakersfield, California, November 4, 1968
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the.Council Chambers of
.the City Hall at eight o'clock P.M. November 4, 1968.
The meeting was called to order by Mayor Karlen followed
by the Pledge of Allegiance and Invocation by the Reverend Norman
Calloway of the Wesley Methodist Church.
The City Clerk called the roll as follows:
Present: Mayor Karlen. Councilmen Heisey, Hosking, Rees, Rucker:.
Stiern, Vetter, Whittemore
Absent: None
Minutes of the regular meeting of October 28, 1968 were
approved as presented.
Scheduled Public Statements.
Mr. Gerald G. Timmermans addressed the Council ~egarding
the speed limit on Kentucky Street from Baker Street to Union
Avenue, stating that on the east side of Baker Street from Mount
Vernon the speed limit is 35 miles per hour, and then changes to
a 25 mile zone, and that several of the members of his church have
been cited in this area because the speed limit changes so quickly.
After discussion, upon a motion by Councilman Heisey, the matter
was referred to the Traffic Authority for study and recommendation.
Correspondence.
Mayor Karlen called attention to a notice of a state-
wide conference before the Assembly Interim Committee on Municipal
and County Government on the subject of the operations of Local
Agency Formation Commissions, to be held in San Francisco on
November 22, 1968, stating that he would be happy to represent
the City at this meeting, and he thinks someone from the staff
should attend also. Councilman Stiern commented that he feels
both the Mayor and Mr. ~rgen should appear at this meeting.
After discussion, Councilman Vetter moved that Mayor Karlen and
City Manager Bergen represent the City at this meeting, which
motion carried unanimously.
Bakersfield, California, November 4, 1968 - Page 2 331
Council Statements.
Councilman Rees commented that he would like to commend
the merchants of East Bakersfield for their efforts to upgrade the
area. Meetings have been held and plans have been made for retail
promotion, the area has be,n cleaned up, vacant buildings have.been
boarded up to make them more presentable, and a parade is being
planned. He wishes these people well and thinks they should be
highly commended 1for their efforts. Mayor Karlen.stated he would
second that, it is a commendable effort and he hopes it is very
fruitful as well.
Couneilman Reisey stated not just East.Bakersfield, but
all of Bakersfield is making progress, with gr, at plans .for the
future being made by the entire community.
Councilman Heisey requested the Traffic Authority to
investigate the parking situation on Jackson Street next to the
railroad track, two blocks east and west of Baker Street. Angle
parking has been enjoyed there for a number of years, .but within
the last few days it has been changed to parallel parking by the
Traffic Authority. The merchants and shoppers in East Bakersfield
feel that this is unreasonable as there is no traffic on this street.
He asked the City Manager to investigate this and if possible, have
the street returned to angle parking.
Reports.
City Manager Bergen read a report from Lieutenant Price
of the Traffic Division, regarding a complaint of unreasonable speed
limit on Chester Avenue from Truxtun Avenue to California Avenue,
which was discussed at last week's City Council meeting.
Careful consideration was given to this when the rest of
Chester Avenue, south of California Avenue, was raised to 35 miles
per hour. Due to the nature of the roadway and the high accident
frequency .in that area, it was determined that it should remain a
25 mile per hour zone. There have been 12 accidents in that section
of Chester so far this year. These are changing lane type of
accidents, rear end collisions, etc. In addition to this there
Bakersfield, California, November 4, .1968 - Page 3
have been five accidents at Truxtun and Chester Avenue, and six
accidents at California and'Chester Avenue.
~e to the high accident frequency on this portion of
the Street, and the high accident frequency at the intersections
on each.end of this section of street, the Police Department does
not feel it could justify raising the speed limit at this time.
There is a great deal of left turning and U-turning movement from
southbound traffic on this section of the street at the end of the
island at 13th Street. .It was considered that this turning move-
ment be prohibited; however, this would work a hardship on the
businesses on the east side of Chester Avenue at that location.
For these reasons, it is felt that this portion of street should
not be rezoned to a 35.mile per hour zone at the present time.
Councilman Stiern made a motion that the report be
received and filed, which carried unanimously. He then commented
that he respected the report of the Traffic Authority, they are
the experts and deal directly with the accident ratio and inter-
section problems. However, he does think that portion of Chester
Avenue is poorly marked to indicate that the area has a 25 mile
speed limit. The traffic moves faster than that,. and if it is
going to be maintained as a 25 mile zone, he would suggest that
adequate marking, either by.signs along the side or painting signs
on the street, or both, would be appropriate. Since it is an
accident area, the traffic should move at the prescribed speed.
Allowance of Claims.
Upon a Motion by Councilman Rees, Vouchers Nos. 1514 to
1595 in amount of $100,072.28, as .audited by the Finance Approval
Committee, were allowed, and authorization was grailted for payment
of same.
. Action on Bids. .
Upon a motion by Councilman Hei~ey, low bid.of Wardlaw
Fire Equipment Company for 4500 feet of Fire Hose was~aQcepted
and all other bids were rejected.
Bakersfield, California, November 4, 1968 Page 4 3'33
Upon a motion by Councilman Whittemore, low bid of Ed
Fant Buick for four door sedan for the Fire Chief was accepted and
all other bids were rejected.
Upon a motion by Councilman Vetter, low bid of Three-Way
Chevrolet for four door sedan for the Public Works Director was
accepted and all other bids were rejected.
Adoption of Resolution No. 103-6S of the
Bakersfield City Council congratulating
Mr. Allen Bottorff on his retirement as
a Director of the Kern County Water Agency.
Upon a motion by Councilman Stiern, seconded by Council-
man Rees, Resolution No. 103-68 of the Bakersfield City Council
congratulating Mr. Allen Bottorff on his retirement as a Director
of the Kern County Water Agency, was adopted by the following vote::
Councilmen Reisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Ayes:
Noes: None
Absent: None
Ayes:
Noes:., None
Absent: None,
Adoption of Resolution No. 101-68 of the
Council of the City of Bakersfield de-
leting one Council meeting in the month
of .November, 1968.
Upon a motion by Councilman Hosking, Resolution No. 101-68
of the Council of the City of Bakersfield deleting one Council meeting
in the month of November, 1968, was adopted by the following vote:
Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
· Whittemore
Adoption of Resolution No. 99-68 finding
that certain Weeds growing on property in
the City of Bakersfield constitute a public
nuisance and directing the Superintendent
of Streets to.destroy said. Weeds.
Upon a motion by Councilman Rucker, Resolution No. 99-68
finding that certain Weeds growing on property in the City of Bakers-
field constitute a public nuisance and directing the Superintendent
of Streets to destroy said Weeds, was adopted by the following vote,:
Ayes: . Councilmen Heisey, Hosking, Rees,
Whittemore
Noes: None
Absent: None
Rucker,
Stiern, Vetter,
Bakersfield, California, November 4, 1968 - Page 5
Adoption of Resolution of Intention No. 837
of the Council of the City of Bakersfield,
California, declaring its intention to order
the vacation of an alley in Block 306, City
of Bakersfield.
Upon a motion by Councilman Reisey, Resolution of In-
tention'No. · 837 of the Council of the City of Bakersfield, Calif-
ornia, declaring its intention to order the vacation of an alley
in Blcok 306, ~City of Bakersfield, and settidg date of November
25, 1968 for hearing on the matter before the Council, was adopted
by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Request from Gannon Construction to con-
nect to existing City sewer to develop
the northwest corner of 34th Street and
San Dimas Street referred to the Planning
Commission for study and recommendation.
Upon a motion by Councilman Hosking, request from Gannon
Construction to connect to existing City sewer to develop the
northwest corner of 34th and San Dimas Streets, was referred to
the Planning Commission for study and recommendation.
Finance Director to establish BankAmeri-
card and/or Master Charge Card Account
for Ticket Sales at the Bakersfield
Civic Auditorium.
Upon a motion by Councilman Rosking, the Finance
Director was authorized to establish a BankAmericard and/or a
Master Charge Card Account on a zero discount basis to be used
for ticket sales at the Bakersfield Civic Auditorium so long as
no ticket sales are made by the Civic Auditorium which are in
competition with any private business or profit-making organiza-
tion. The Finance Director was also authorized to establish Trust
Bank Accounts necessary for the depositing of ticket sale proceeds
received at the Civic Auditorium and the withdrawal of those
proceeds upon the signature of the Finance Director and/or
Auditori~um Manager, or their immediate assistants, when those
proceeds are being paid to the City of Bakersfield and to the
sponsors or promoters of events held at the Bakersfield Civic
Auditorium.
Bakersfield, California, November 4, 1968 - Page 6
Approval of Agreement with Stockdale Develop-
ment Company and Kern County Land Company for
the construction of California Avenue between
Real Road and Stockdale Highway.
Upon a motion by Councilman Sfiern, Agreement with the
Stockdale Development Company and Kern County Land Company for the
construction of California Avenue between Real Road and Stockdale
Highway was approved, and the Mayor was authorized to execute same.
Acceptance of Grant Deed from Stockdale
Development Company and Kern County Land
Company for the right of way required for
the extension of California Avenue between
Real Road and Stockdale Highway.
Upon a motion by Councilman Stiern, Grant Deed from the
Stockdale Development Company and Kern County Land Company for the
right of way required for the extension of California Avenue between
Real Road and Stockdale Highway, was accepted.
Approval of Joint Exercise of Powers Agree-
ment between the City of Bakersfield, Mr.
Vernon Sanitation District and East Niles
Community Services District.
Upon a motion by Councilman Rees, Joing Exercise of Powers
Agreement between the City of Bakersfield, Mt. Vernon Sanitation
District and East Niles Community Services District was approved
and the Mayor was authorized to execute same.
Upon
of the City of
of part of the
Public
vote:
Ayes:
Adoption of Resolution No. 102-68 of the
Council of the City of Bakersfield, pro-
viding for the contributions of part of
the Cost and Expenses of certain Work
completed within Public Improvement Dis-
trict No. 821.
a motion by Councilman Hosking, Resolution No. 102-68
Bakersfield, California, providing for contributions
cost and expenses of certain work completed within
Improvement District No. 821, was adopted by the following
Councilmen Heisey, Hosking, Rees, Rucker,
Whittemore
Noes: None
Absent: None
Stiern, Vetter,
Bakersfield, California, November 4, 1968 - Page ?
Hearings.
This is the time set for hearing of protests, objections,
or appeals in respect to the diagram, assessment and work done in
Public Improvement District No. 821a (Construction and Installa-
tion of a Water Supply System on Pierce Road from the east side
of the Kern River Bridge on Rosedale Highway, northwest to Pierce
Road and thereunto the south side of the Calloway Canal, with an
easterly extension along Gulf Street for a distance of approxi-
mately 1,050 feet) under and pursuant to Resolution of Intention
No. 821 and the Improvement Act of 1911.
The hearing has been duly posted and notices of assess-
ment mailed to everyone in the District. No written protests
have been received in the City Clerk's office.
No one present presenting any protests or objections,
the Mayor declared the public portion of the Hearing closed.
Upon a motion by Councilman Heisey, Resolution No. 100-68 of the
Council of the City of Bakersfield, California, making determina-
tions and confirming assessments of the cost of doing the work
ordered pursuant to Resolution of Intention No. 821a, was adopted
by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
This is the time set for public hearing on an appeal by
the Neighborhood Protest Group to the decision of the Board of
Zoning Adjustment granting the application of Rose & Fears, Archi-.
tects, A. I. A., requesting a modification of zoning from a C-2-D
(Commercial - Architectural Design) Zone, as set forth and designa-
ted upon the Zoning Map incorporated within and made a part of
Title Seventeen of the Bakersfield Municipal Code, to permit a
modification to the parking requirements on that certain property
in the City of Bakersfield commonly known as 3013 Wilson Road.
This hearing has been duly advertised and posted. At a public
hearing held October 8, 1968, the application was duly heard and
considered and the Board of Zoning Adjustment approved the appli-
cation for said modification with the condition that 59 parking
Bakersfield, California, November 4, 1968 - Page 8
337
spaces be provided.
Mayor Karlen read the following petition containing the
names of 103 persons residing in the area:
We, the undersigned, oppose the granting of a parking
variance for the proposed high rise building at 3013
Wilson Road. This building is proposed by Bakersfield
Christian Towers, Rose & Fears, Architect. We also
feel this type of housing would £it into community
plans and needs nearer the downtown area.
Director of Planning Sceales explained that the structure
is planned as a 13 story tower senior citizens complex in a C-2-D
Zone at 3013 Wilson Road. The applicants are asking for a modifi-
cation to the parking requirements and have submitted documents to
show that senior citizens housing in other areas normally do not
require more than one parking space for each three dwelling units,
and have proposed 43 spaces. Due to the fact that 'this complex
is not adjacent to a major shopping center, regional recreation and
downtown, the Board of Zoning Adjustment is of the opinion that one
space for each two units should be required, or a total of 59 spaces.
The parking requirement of the Zoning Ordinance is 1~ spaces per
unit, the primary reason for the Board of Zoning Adjustment's action.
Because of the D-Overlay, these plans have been reviewed
by the Planning Commission, and one of the requirements to the
architect was that all windows overlooking the R-1 property to the
east would have to be removed and that wing walls would be extended
to the north and south,
ments orientated to the
nothing to do with this
which would cut off the view from the apart-
north and to the south. However, this had
particular modification.
This project is a federally assisted program and it
requires that persons must be 62 years of age to qualify to rent
these units. The federal government also requires that the operators
of the complex provide bus service for the people living there.
Mr. William Rieken of 2512 Blackstone Court addressed the
Council, stating he was representing a group of the neighbors, and
that they are quite concerned about the parking in the area. They
were also disturbed because no publicity or explanation had come out
33S
Bakersfield, California, November 4, 1968 - Page 9
regarding this project, what is being planned, etc. He feels thal;
this project should be built in the downtown area where shopping
facilities, etc. would be readily available to the elderly people..
He pointed out that this complex will be tax exempt which will
put a burden on the City taxpayers and City facilities such as
the sewers and water mains.
M~. Harley Stumbaugh, 2608 Blackstone Court, Mr. Cecil
Briscoe, 2309 Christopher Court, Mr. Carl Lowenc of 2305 Christo-
pher Court and Mr. Ed Taylor, 2316 Christopher Court, all expressed
their concern about the traffic congestion in the neighborhood,
that a parking problem already exists, and cited the increased
traffic the high-rise building will generate.
Mr. LeRoy Rose of the firm of Rose and Fears, Architects,
stated he is representing the owners of this property, which is
church sponsored, and placed a chart on the wall to demonstrate
his arguments. He stated this complex is tax exempt under the
Act which enables it to be developed by federal fullds and is state
controlled as far as taxes are concerned. They are building this
complex to create a better environment for the senior citizens on
the property, that is why they requested more greel~ area. If they
saturate the property with 177 off-street parking spaces, it be-
comes a sea of asphalt. He stated he can settle the whole problem
by accepting a contingent that if needed, the owner will put in
the parking as desired by the City, however, they feel that 59
spaces are ample at the present time. The government sets forth
a critera on location of buildings and this site meets the critera,
or else it would not be approved, these buildings are not just put
any place. The utilities are ample and will be designed as such,
any requirement in the area as far as utilities are concerned will
be considered within the site itself, so it is no problem. They
are willing to accept the Council's direction as far as requesting;
more parking in the future. They have accepted all the require-
ments of the Planning Commission, such as windows on the east
side of the project to protect the area, in fact the whole property
will be fenced in. Also, a landscaping plan will be submitted to
the Planning Commission for approval.
339
Bakersfield, California, November 4, 1968 - Page 10
Councilman Heisey commented that the City must provide
sewer and garbage service
which will be paid out of
Mr. Rose stated
Class A structure, concrete throughout,
detection system and smoke towers. It
as far as fire is concerned.
as well as police and fire protection,
the tax rate.
that this building will be a complete
and it will have a fire
is pretty well protected
Councilman Vetter asked Mr. Sceales if the City has any
control over the construction of the building, and Mr. Sceales
replied that the zoning permits this building and the City has
control only over a modification of the parking requirement and
the D-Overlay.
The opponents of the modification were permitted a re-
buttal period and again expressed their opposition to a reduction
of the parking area. Mr. Rose stated this project is new to the
community and he can understand the suspicions of the neighbors,
but they are not building this to injure the properties in the
area, this type of project will enhance the neighborhood, will
help the community. They are trying to create a good environment,
a recreation area for these people, that is why they asked that
the parking requirements be reduced.
Mayor Karlen closed the public portion of the hearing
for Council deliberations. Councilman Whittemore stated he agreed
with all the people in the neighborhood, he thinks a project of
this nature belongs downtown,
can do relative to this type
provision to cover high-rise
but there isn't anything the Council
of zoning, perhaps they need a zoning
structures. He also raises the ques-
tion regarding the water pressure, he doesn't think it will be
sufficient for 118 units. The parking is the critical thing, how-
ever, if there was some way to have the location of the building
moved, he would make such a motion, but there isn't anything the
Council can do under the existing ordinance to prevent the con-
struction. He will take a stand, however, that the requirement
of 177 off-street parking spaces must be observed. He is also
concerned with the tax load being placed on the homeowners to
provide services for a non-profit organization. He feels this is
wrong.
340
Bakersfield, California, November 4, 1968 - Page 11
Councilman Heisey stated that he also is concerned with
all the tax-exempt properties receiving £ree services from the
City. The Council plans to take another long look at this problem
before another year rolls around and hopes to come ap with a
solution, properly presented so that it will be understandable,
that will be acceptable to the citizens of the community.
Councilman Vetter agreed with Councilman Whittemore that
it is an area where the people do not want this building constructed,
however, the Council has no control over the location. He dis-
agrees with making it mandatory to provide 177 off-street parking
spaces just because the ordinance requires it. With the entire
project being fenced, the developer certainly woulcL be concerned
about providing adequate parking and would do so, if it is warranted.
The project would be much more attractive by having landscaped
recreational areas around it.
Councilman Stiern also agreed with Councilman Whirremote.
As he listened to the discussion, he asked himself if it was for
the good of the City. He sincerely feels that this building is
in the wrong location, it would much more appropriately be placed
on vacant property in the downtown area where people could shop
within walking distance. The impact on the neighborhood is the
thing that concerns him, and there is going to be very considerable
impact. The people have a right to be concerned about what happens
to their water pressure, they have a right to be cencerned about
the tax-exempt status of this complex, insofar as the cost to the
City of the services which are provided to them. If it is going
to be located where it is, the people who live around it should
not be penalized by expecting them to live with congested parking
and the type of thing that could accrue from inadequate parking
on the site. It should be self-contained and provide its own
parking.
341
Bakersfield, California, November 4, 1968 - Page 12
Councilman Rees commented that he disagrees with Council-
man Whirremote, if 59 parking spaces are adequate, he doesn't feel
177 spaces should be required, especially if the modification can
be granted with the condition that more parking spaces will be made
available if they are required. He asked what protection the City
would have if more parking was needed. How would this be legally
enforced. City Attorney Hoagland stated this could be approved and
conditioned and the condition would have to be liw~d up to. If
necessary, the City could notify these people that the additional
parking must be put in.
After considerable discussion, it was moved by Councilman
Whittemore, that Zoning Resolution No. 213 denying modification of
the Land Use Zoning Ordinance of the City of Bakersfield to permit
the construction, operation and maintenance of a senior citizens
apartment complex with the reduction of the off-street parking
requirements on that certain property commonly known as 3013 Wilson
Road, be adopted. This motion carried by the £ollowing vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Abstaining: Councilman Hosking
Adjournment.
There being no further business to come before the Council,
upon a motion by Councilman Stiern, the meeting adjourned at 10:20
MAYOR of the City of Bakersfield, Calif.
ATTEST:
CITY CLERK and Ex-Ofi~icfo C/erk of the Council
of the City of Bakersfield, California
Bakersfield, California, November 18, 1968
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M. November 18, 1968.
Mayor Karlen was delayed by an engagement at the Civic
Auditorium and the meeting was called to order by Vice-Mayor
Richard Stiern followed by the Pledge of Allegiance and Invocation
by the Reverend Stacy Adams of the Kern County School of Christian
Religion.
The City Clerk called the roll as follows:
Present: Councilmen Heisey, Hosking, Rees, Rucker, Stiern,
Vetter, Whittemore
Absent: Mayor Karlen (Took his seat at 8:30 P.M.)
Minutes of the regular meeting of November 4, 1968 were
approved as presented.
Correspondence.
Upon a motion by Councilman Rucker, communication from
Vizzard, Baker, Sullivan, McFarland & Long, expressing opposition
to the widening of Truxtun Avenue between "F" and "H" Streets,
and stating that it was their understanding that no further actio]~
would be taken on this project without notice, as the undercrossing
request to the electorate had failed, was received and ordered
placed on file.
City Manager Bergen referred to the minutes of the May
6, 1968 meeting at which time considerable discussion was held on
this project, which indicated that the Public Works Department had
been instructed to re-evaluate and provide justification for this
project at the time the plans and specifications are brought to
the Council for approval. The Manager is of the opinion that
these instructions to the administrative staff would still be in
effect and the Public Works Department will submit a report on
the necessary traffic count and the justification for the left
hand turn movements and traffic signals with the plans and speci-
fications at the time the project is submitted for approval.
Bakersfield, California, November 18, 1968 - Page 2
Upon a motion by Councilman Rucker, communication from
Mr. Milton Miller suggesting that a moratorium on downtown over-
time parking be maintained during the holiday season, was received
and ordered placed on file, and referred to the appropriate commi-~tee
for study.
City Manager Bergen commented that the Council, and Mr.
Miller, are aware that the parking meter question was referred to
the administrative staff several weeks ago by the entire Council,
and the staff is in the process of preparing this report. The
Traffic Authority has submitted a preliminary report and a meeting
has been scheduled with the parking committee of the downtown busi-
ness association with the idea that this would be the starting poJ. nt.
Discussions will be expanded to include the entire membership of the
downtown business association, and then come back to the parking
committee of the Council, which in turn will submit its report to
the entire Council. Therefore, the process of evaluating the parking
meter question is being carried on at this time.
Councilman Hosking stated he has discussed this matter with
Mr. Miller and told him that generally, he was in favor of his idea,
but only if the merchants will indicate to the Council that this is
something that they want. He thinks it is important that the matler
be evaluated with the merchants before the Council takes any action.
Everyone will appreciate a moratorium on parking, but it could
create a worse traffic problem than already exists, especially this
time of the year.
The City Clerk read a communication from Mr. Charles
Brockett, expressing appreciation to the Bakersfield City Fire
Department for the great expediency with which it rallied to a
recent fire at his motel building at 350 Oak Street in Bakersfield.
Council Statements.
Councilman Rees commented that the people who were served
by the old Crest Water Company which was taken over by the Califor-
nia Water Service Company in 1966, are still paying rates for their
water which are considerably~higher than those paid in other parts
Bakersfield, California, November 18, 1968 - Page 3
of the City, and quoted the rates in the Crest tariff area. Many
home owners in his ward are concerned about how long a period of
time they are going to be required to pay these nearly double
rates. He then moved that the Council direct the City Attorney
to explore ways and means and the feasibility of requesting the
Public Utilities Commission to re-evaluate the rate schedule paid
in the Crest tariff area.
Councilman 8tiern asked Councilman Rees if he was aware
that the California Water Service Company has been granted the
right to establish a differential rate in this area, and that
when the company started pumping water up to College Heights the
people in the flatlands were assessed an additional charge by the
company in order to make the water available to the Crest area.
City Attorney Hoagland stated he had a copy of the order'
and opinion from the Public Utilities Commission dated January 18,
1966, effectuating the transfer of the Crest Water Company to the
California Water Service Company system, which points out that
although it is found reasonable for the owner to adopt sellers
rates initially, a determination should be made in future rate
proceedings, as to whether zone rates are still warranted. In
conversation with Councilman Rees, he had suggested that perhaps
the rates in the Crest area could be reduced without a corresponding
rate increase on the other areas in Bakersfield, because of possible
amortization of the $440,000 spent for the change over of the ser-
vices. He would like to discuss this matter with the Public
Utilities Commission and also the California Water Service Company,
to see if these rates could be equalized without a corresponding
rate increase.
Vote was then taken on Councilman Rees' motion which
carried unanimously.
Councilman Vetter stated that he feels in view of the
almost two to one vote against the underpass at "F" Street, that
the Grade District and the City should evaluate the proposed plan
to widen "A" Street. There is no question that a good case can be
345
Bakersfield, Cali£ornia, November 18, 1968 - Page 4
made for the underpass to provide access to the downtown area from
California Avenue, the new California Avenue extension and the
development out there, but he doesn't believe a good case can be
made for the widening of "A" Street itsel£. The people in the
southwest area of Bakersfield are very much opposed to any change
in this street, particularly, if they are going into a major arterial
like "M" Street. He agrees with their opposition and thinks that the
Council should look long and hard at any anticipated plans for the
widening o£ "A" Street.
Councilman Hosking stated he has talked to several people
about this in an ef£ort to find out why there was so much opposition
to the "F" Street underpass and discovered the major reason they
voted "NO" on the underpass was not because of any financial burden
due to the bonds, but they could not conceive of an underpass on "F"
Street, they don't think it is a good place for it. The more he
thinks about it, the more he is inclined to agree with them. If
they are going to have a grade separation, it probably should be an
overpass across the tracks, and if they are going to use "A" Street
as an arterial, then thought should be given to running "A" Street
right across the tracks by an overpass or an underpass directly,
instead o£ swinging around over on to "F" Street, which doesn't
make sense to the voter, or anyone else who isn't familiar with
this plan. Many people didn't vote for it because they didn't care
for the location, they thought it should be located on "M" Street.
Councilman Vetter commented that the people in the south-
west aren't as concerned with the location of the underpass as they
are about the widening of "A" Street. That street is completely
residential, there isn't any commercial area there at all, and
a46
Bakersfield, California, November 18, 1968 - Page 5
they feel that once a grade separation is finally constructed
there, it would make "A" Street comparable to Oak or "H" Street.
Mayor Karlen stated there isn't any question about it
being primarily residential, it is high density residential, how-
ever, there is commercial on one corner.
City Manager Bergen pointed out that the "F" to '!A"
Street undercrossing as proposed, is not going to affect "A"
Street too much. The key to the widening and improvement and
utilization of the additional right of way on "A" Street will
de~end on the improvement and construction of "A" Street south of
Brundage Lane, when "A" Street is connected between Ming Road and
Bru~dage Lane, then there will be a reason for the improvement.
Prior to that time, he doesn't think the expenditure of any funds
on the widening of "A" Street would be justified.
The reason that an underpass is considered on "F" Street
and on "H" Street, is that there is not sufficient distance to
get down to grade at Truxtun .Avenue. Everyone would have pre-
ferred an overpass, but it couldn't be built from an engineering
standpoint and get it to grade. In fact, an overpass would be
more economical than an underpass, there aren't the drainage
problems and this type of thing.
Reports.
City Manager Bergen read a report prepared by R. O.
Price, Lieutenant of the Traffic Division, on a study of the
speed limit on Kentucky Street, which was requested as a result
of a complaint by Gerald G. Timmermans to the City Council at its
meeting of November 6, 1968.
Lieutenant Price stated that to raise the speed limit
from 25 miles per hour to 35 miles per hour would be unreasonable
and extremely unsafe. The street is properly posted, with 25
mile per hour signs just west of Beale Avenue for westbound
traffic and just east of Union for eastbound traffic. Another 25
mile per hour sign is being installed just west of Baker Street
347
Bakersfield, California, November 18, 1968 - Page 6
for those persons turning off Baker Street on to Kentucky Street,
the sign is not legally required, but is being added for additional
warning. He, therefore, recommended that the speed limit of 25
miles per hour on Kentucky Street from Beale Avenue to Union Avenue
be retained. Upon a motion by Councilman Heisey, the report was
received and ordered placed on file, with a copy to be sent to Mr.
Timmermans for his information.
Mr. Bergen read a report on angle parking on Jackson Street
submitted by R. O. Price, Lieutenant of the Traffic: Division, in
response to a request by Councilman Beisey at the November 6, 1968.
Council meeting, that a study be made of the change from angle to
parallel parking on Jackson Street and, if possible, that the parking
be returned to angle parking.
Lieutenant Price advised that Jackson and Lake Streets are
two of the last streets within the City where angle parking has been
permitted. A study was run at two different times during the year
and it was found that there were never more cars parked on Jackson
or Lake Street than could be parked parallel, with still some space
left over. Therefore~ the change from angle to parallel will not
deprive anyone of parking in the same area. Since the Post Office
has moved off Jackson Street, the parking on Jackson Street is even
less congested than when the previous survey was taken.
In addition to this, five accidents occurred on Jackson
Street which might have been prevented had the vehicles been parked
parallel. Angle parking is the easiest type of parking for people
to pull into, but it is the most difficult and hazardous to get out
of because there is a certain period of time in which the operator
of the vehicle cannot see a safe distance down the street. Because
of the narrowness of the street, the traffic accident pattern which
has developed, and the fact that there is still adequate parking ill
the area, it is recommended that the street not be changed back to
angle parking. Upon a motion by Councilman Heisey, the report was
received and ordered placed on file~ and copy was ordered sent to
Mr. Roy Warren for his information.
Bakersfield, California, November 18, 1968 - Page 7
1747
Finance Approval Committee, were allowed,
granted for payment of same.
Action on Bids.
Upon a motion by Councilman Hosking,
Allowance of Claims.
Upon a motion by Counqilman Rees, Vouchers Nos. 1596 to
inclusive, in amount of $106,699.92, as audited by the
and authorization was
bid of A-C Electric
Company for modification of Traffic Signal and Lighting System at
Truxtun Avenue and "L" Street was accepted, this being the only
bid received, and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Whittemore, low bid of
Three-Way Chevrolet Company for five Dump Trucks was accepted,
and all other bids were rejected.
Upon a motion by Councilman Vetter, low bid of Three-Way
Chevrolet Company for four Pickup Trucks was accepted and all
other bids were rejected.
Upon a motion by Councilman Heisey, low bid of Barber
Pontiac for Four Door Sedan for the Police Department was accepted
and all other bids were rejected.
Adoption of Resolution No. 104-68 of the
Council of the City of Bakersfield de-
claring its intention to call a Special
Election in certain inhabited territory
contiguous to said City proposed to be
annexed thereto, for the purpose of sub-
mitting to the qualified electors residing
in said territory the question whether
said territory shall be annexed to the
City of Bakersfield and fixing a time
and place when and where any person
owning real property within such terri-
tory may appear before the Council and
show cause why such territory should
not be so annexed (Union No. 3).
Upon a motion by Councilman Vetter, Resolution No.
104-68 of the Council of the City of Bakersfield declaring its
intention to call a Special Election in certain inhabited terri-
tory contiguous to said City proposed to be annexed thereto, for
the purpose of submitting to the qualified electors residing in
said territory the question whether said territory shall be annexed
349
Bakersfield, California, November 18, 1968 - Page 8
to the City of Bakersfield and fixing December 16, 1968, in the
Council Chambers, as the time and place when and where any person
owning real property within such territory may appear before said
Council and show cause why such territory should not be so annexed
(Union No. 3), was adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Claim from Royal-Globe Insurance for
damage to automobile of Stanley E.
Sampson referred to the City Attorney.
Upon a motion by Councilman Rucker, claim from Royal-Globe
Insurance for damage to automobile of Stanley E. Sampson, was referred
to the City Attorney.
Approval of request from James Martinez,
Motor Coach Operator, for 40 day leave
of absence without pay.
Upon a motion by Councilman Stiern, request from James
Martinez, Motor Coach Operator, Transit Division, :for a 40 day leave
of absence without pay, was approved.
Approval of request for annexation to
the City of Bakersfield of property
located in Sections 3 and 10 (First
Baptist Church of Bakersfield.)
Upon a motion by Councilman Vetter, request for annexa-
tion to the City of Bakersfield of that certain property located in
Sections 3 and 10, T 30 S., R 27 E., MDM, in the County of Kern
(First Baptist Church of Bakersfield), was approved and referred
to the City Engineer and City Attorney for referral to the Local
Agency Formation Commission.
First reading given proposed ordinance
initiated by the Planning Commission to
amend Section 17.29.040 (Front Yard) of
Chapter 17.29 (Civic Center) Zone of the
Municipal Code of the City of Bakersfield.
First reading was considered given a proposed ordinance
initiated by the Planning Commission to amend Section 17.29.040
(Front Yard) of Chapter 17.29 (Civic Center) Zone of the Municipal
Code of the City of Bakersfield.
350
Bakersfield, California, November 18, 1968 - Page 9
Approval of exchange of property at the
Sanitary Land Fill.
Upon a motion by Councilman Rees, approval was given to
an exchange of a 9.47 acre parcel westerly and adjacent to the
sanitary land fill property being offered to the City by Betdell
L. Dickinson for a narrow strip of land along the top of the
bluff, and the Mayor was authorized to execute the deed. The two
parcels have been appraised and the exchange would require a pay-
ment to the City in the amount of $8,956.00.
During discussion, Councilman Whittemore commented that
he is of the opinion the City is going to have to change its
policy on appraisals of property in major projects to conform
more closely with the way the County handles its appraisals. The
County pays a maximum on appraisals of large parcels. He thinks
in many instances the City has been overpaying for appraisals
received. When this does come up in the future, it should either
be referred to a committee to make a report to the Council or the
work contracted out where there are major acquisitions, to take
a close look at the amount paid for appraisals. C(~ncilman Stiern
commented that the point is well taken.
Approval of boundaries of Panoramic
Heights No. 2 annexation.
Upon a motion by Councilman Heisey, revised boundaries
of Panoramic Heights No. 2 annexation were approved and was referred
to the City Engineer and City Attorney for referral to the Local
Agency Formation Commission.
Approval of increase in Agreement No.
93-68 with the County of Kern for
City's participation in Traffic Signal
installation at White Lane and Wible
Road.
Upon a motion by Councilman Whittemore~ increase in
Agreement No. 93-68 with the County of Kern for a maximum amount
of $10,000 to $11,500 for the City's participation in traffic
signal installation at White Lane and Wible Road was approved.
,351
Bakersfield, California, November 18, 1968 - Page 10
Acceptance of Work and Notice of Com-
pletion for the installation of Traffic
Signals and Lighting at the intersection
of 21st Street with "F" Street and "L"
Street.
Upon a motion by Councilman Hosking, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion for
the installation of Traffic Signals and Lighting at the intersection
of 21st Street with "F" Street and "L" Street.
Approval of Plans and Specifications
for the construction of California
Avenue between Real Road and Stockdale
Highway.
Upon a motion by Councilman Stiern, plans and specifications
for the construction of California Avenue between Real Road and Stock-
dale Highway were approved and the Finance Director was authorized to
advertise for bids.
Approval of Street Lighting Plans for
Tracts 3202 and 3211.
Upon a motion by Councilman Vetter, Street Lighting Plans
for Tracts 3202 and 3211 were approved.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for the
construction of automatic irrigation
systems and tree planters in median
islands on various major city streets.
Upon a motion by Councilman Heisey, the Work was accepted
and the Mayor was authorized to execute the notice of completion for
the construction of automatic irrigation systems and tree planters
in median islands on various major city streets.
Application for Encroachment Permit
granted Community National Bank at
1810 Chester Avenue.
Upon a motion by Councilman Hosking, Encroachment Permit
was granted the Community National Bank to install two tree wells
along Chester Avenue, 3" to 6" exterior wall encroachment along
Chester Avenue frontage, and 6 portable planters along alley side-
walk adjacent to the bank building, subject to the owner maintaining
the portable planters.
352
Bakersfield,
California, November 18, 1968 - Page 11
Hearings.
This was the time set for hearing before the Council on
its intention to order the vacation of a portion of Butte Street
in the City of Bakersfield. This hearing was duly posted and has
been approved by the Planning Commission.
No protests or objections being received, the Mayor
closed the public portion of the hearing for Council discussion
and deliberation. After discussion, upon a motion by Councilman
Rucker, Resolution No. 105-68 ordering the vacation, was adopted
by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whirremote
Noes: None
Absent: None
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Vetter, the meeting was
adjourned at 9:30 P.M.
City ~C a 1 li~.
MAYOR of the of Bakersfield,
ATTE ST:
CITY ULERK and Ex-Offic~o Clerk of the Council
of the City of Bakersfield, California
Bakersfield, California, November 25, 1968 353
Minutes of the regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of the
City Hall at eight o'clock P.M. November 25, 1968.
The meeting was called to order by Mayor Karlen followed[
by the Pledge of Allegiance and Invocation by the Reverend Clifford
Dichau of the Belle View Baptist Church.
The City Clerk called the roll as follows:
Present:
Mayor Karlen. Councilmen Heisey, Hosking, Rees, Rucker,
Stiern, Vetter, Whittemore
Absent: None
Minutes of the
regular meeting of November 18, 1968 were
approved as presented.
Correspondence.
Upon a motion by Councilman Rees,
Resolutions from the
City of Upland and the City of National City urging members of the
United States Congress, the State of California Legislators and all
the Federal and State Government officials to seriously consider
closing the United States - Mexican Border to American minors
seeking entry into Mexico unless accompanied by parents or other
responsible adults because the distribution and use of dangerous
drugs, marijuana and narcotics by American minors has become an
extremely serious problem, were received and ordered placed on file.
Council Statements.
Councilman Stiern stated that at the meeting of the Associa-
tion of Kern County Cities held in Tehachapi last Thursday night, l~here
was a report given by a special committee from that group relative to
the possible county-wide abolition of dog licensing fees. It was
suggested that the proposal by the committee be referred to each
Council for study and recommendation, for subsequent recommendation
to the Board of Supervisors. He thinks it would be appropriate for
this Council to go on record on the subject and moved that it be
referred to the Budget Reivew an~ Finance Committee for study and
recommendation. This motion carried unanimously.
354
Bakersfield, California, November 25, 1968 - Page 2
Councilman Heisey commented that in the absence of Mayor
Karlen, he had the pleasure of representing the City of Bakers-
field last Saturday night at the Garces High School to welcome
Bishop Timothy Manning of the Fresno diocese on the occasion of
the Italian-Catholic Federation meeting. It was an outstanding
affair, representatives attended from all over the State and from
the San Joaquin Valley, and everyone seemed pleased that the City
acknowledged the presence of the Bishop and presented him with a
plaque.
Councilman Heisey asked the City Attorney to draw up a
resolution for adoption by the Council at its next meeting, urging
the State Division of Highways to erect appropriate signs at the
off-ramps of the freeway on Monterey Street and Beale Avenue to
indicate the East Bakersfield Business and shopping districts and
the International Village area. There is a strong feeling about
this in East Bakersfield and letters will be sent along with the
City's resolution from the businessmen in that area. and from the
East Bakersfield Progressive Club, requesting that this action be
taken.
Councilman Rees seconded Councilman Heisey's request,
stating that if the Council puts its weight behind this, the State
Division of Highways will probably act on the matter.
Councilman Stiern stated he goes along with Mr. Heisey's
intent, and, as he has said many times, the construction and
signing of the crosstown freeway more or less leads him to believe
that it was done intentionally to neutralize the Baker Street and
Union Avenue shopping areas.
Mayor Karlen thanked Councilman Heisey for attending the
meeting at the Garces High School on Saturday. Both he and the
City Manager were in San Francisco and appeared before the Assembly
Interim Committee on Municipal Affairs at which the Local Agency
Commission was discussed.
355
Bakers£ield, California, November 25, 1968 - Page 3
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers Nos. 1748 to
1862 inclusive, in amount of $66,907.48, as audited by the Finance
Approval Committee, were allowed and authorization was granted for
payment of same.
Adoption of Ordinance No. 1761 New
Series of the Council of the City
of Bakersfield amending Section
17.29.040 (Front Yard) of the Muni-
cipal Code of the City of Bakersfield.
Upon a motion by Councilman Heisey, Ordinance No. 1761
New Series of the Council of the City of Bakersfield amending Section
17.29.040 (Front Yard) of the Municipal Code of the City of Bakers-
field was adopted by the £ollowing vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Adoption of Resolution No. 106-68 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 "Auburn No. 1"~ proposed
to be annexed to the City of Bakersfield.
Upon a motion by Councilman Rucker, Resolution No. 106-68
of the Council of the City of Bakersfield fixing January 6, 1969 in
the Council Chambers of the City Hall as the time and place for
hearing protests by persons owning real property within territory
designated as "Auburn No. 1" proposed to be annexed to the City of
Bakersfield, was adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Adoption of Resolution No. 107-68 of
Intention to include within the Greater
Bakersfield Separation of Grade District
a portion of certain territory designated
as "Auburn 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 Stiern, Resolution No. 107-68
of Intention to include within the Greater Bakersfield Separation of
Bakersfield, California, November 25, 1968 - Page 4
Grade District a portion of certain territory designated as
"Auburn No. 1" and setting January 6, 1969 in the Council Chambers
of the City Hall as the time and place for hearing objections to
the inclusion of said territory within said District, was adopted
by the
Ayes:
following vote:
Councilmen Heisey, Hosking, Rees, Rucker,
Whittemore
Approval of request from Bakersfield
Neon Sign Company for permit to erect
a 90' above grade to top of sign to
advertise a new Coffee Shop and Restau-
rant to be located at the southwest
corner of California Avenue and Real
Road.
Noes: None
Absent: None
Stiern, Vetter,
90' above grade to top of sign, was given Council approval.
Approval of Specifications for Assistant
Finance Director (128).
Upon a motion by Councilman Rees, specifications for
Assistant Finance Director
Approval of
Tracts 3210,
(128) were approved and adopted.
Street Lighting Plans for
3203 and 3209.
Upon a motion by Councilman Heisey, Street Lighting Plans
for Tracts 3210, 3203 and 3209 were approved.
Acceptance of Map of Tract 3211 and
Mayor authorized to execute contract
and specifications for improvements
in said Tract.
Upon a motion by Councilman Stiern, it is ordered that
the Map of Tract 3211 be, and the same is hereby approved; that
all the easements, drives, lanes and alleys shown upon said Map,
therein offered for dedication, be and the same are hereby accepted
for the purpose for which the same are offered for dedication.
The Clerk of this Council is directed to endorse upon
the face of said map a copy of this order authenticated by the
Seal of the Council of the City of Bakersfield and the Mayor is
authorized to execute the contract and specifications for the
improvements in said Tract.
southwest corner of California Avenue and Real Road which will be
After discussion, upon a motion by Councilman Stiern,
seconded by Councilman Heisey, request from Bakersfield Neon Sign
Company for a permit to erect a free standing on premises sign to
advertise a new Coffee Shop and Restaurant to be located at the
357
Bakersfield, California, November 25, 1968 - Page 5
Acceptance of Map of Tract 3203 and
Mayor authorized to execute Contract
and Specifications for improvements
in said Tract.
Upon a motion by Councilman Stiern, it is ordered that the
Map of Tract 3203 be, and the same is hereby approved; that all the
easements, drives, streets, ways, courts and avenues shown upon s~id
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 Pro-
lessions Code, the Council of the City of Bakersfield hereby waives
the requirements of signatures of the following:
NAME
Southern California Gas
Company
Kern County Land Company
Crestmont Oil Company
NATURE OF INTEREST
Pipeline Easement in Montclair
Street at Marella Way
Mineral rights below a depth
of 500 feet with no right of
surface entry
Oil and Gas Lease Rights to
surface use relinquished
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
to execute the Contract
said Tract.
of Bakersfield, and the Mayor is authorized
and Specifications for the improvements in
Approval of Construction Change Order
No. 2 to Dicco, Inc. to the contract
for the Paving and Improving of South
"H" Street between Ming Avenue and
White Lane.
Upon a motion by Councilman Whittemore, Construction
Change Order No. 2 to Dicco, Inc. to the contract for the Paving
and Improving of South "H" Street between Ming Avenue and White
Lane in amount of $1,340.00, was approved, and the Mayor was authorized
to execute same.
35S
Bakersfield, California, November 25, 1968 - Page 6
Adoption of Resolution of Intention No.
801-A of the City Council of the City of
Bakersfield, California, declaring :its
intention to order certain acquisitions
and improvements within the incorporated
territory of said City and within the
unincorporated territory of the County
of Kern pursuant to the Municipal Improve-
ment Act of 1913; describing the District
to be benefited by said acquisitions and.
improvements and to be assessed to pay
the cost and expense thereof; determining
and declaring that Bonds shall be issued
under the Improvement Act of 1911 to re-
present unpaid assessments; ordering a
portion of the cost and expense of said
acquisitions and improvements to be paid
by said City and said County; providing for
the use of any surplus amount remaining in
the improvement fund after completion of the
improvement and referring the proposed acqui-
sition and improvement to the City Engineer
to make and file a written report.
Upon a motion by Councilman Hosking, Resolution of
Intention No. 801-A of the City Council of the City of Bakersfield,
California, declaring its intention to order certain acquisitions
and improvements within the incorporated territory of said City
and within the unincorporated territory of the County of Kern
pursuant to the Municipal Improvement Act of 1913; describing the
District to be benefited by said acquisitions and improvements
and to be assessed to pay the cost and expense thereof; deter-
mining and declaring that bonds shall be issued under the Improve-
ment Act of 1911 to represent unpaid assessments; ordering a
portion of the cost and expense of said acquisitions and improve-
ments to be paid by said City and said County; providing for the
use of any surplus amount remaining in the Improvement Fund after
completion of the improvement and referring the proposed acquisi-
tion and improvement to the City Engineer to make and file a
written report, was adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern,.Vetter,
Whittemore
Noes: None
Absent: None
359.
Bakersfield, California, November 25, 1.968 - Page 7
Acceptance of Report o£ the City Engineer
under the Municipal Improvement Act of
1913 on proposed acquisitions and improve-
ments for Public Improvement District No.
801-A (White Lane & Hughes Lane).
Upon a motion by Councilman Whittemore, the City Engineer's
report under the Municipal Improvement Act of 1913 on proposed acqui-
sitions and improvements for Public Improvement District No. 801-A
(White Lane & Hughes Lane) was accepted and ordered placed on file.
Adoption of Resolution No. 109-68 of the
City Council of the City of Bakersfield,
California, approving a report prepared
pursuant to the Municipal Improvement Act
of 1913; and fixing the time and place
for hearing protests and objections to the
acquisitions, improvements, diagram and
assessment described and contained in said
report and whether such public convenience
and necessity requires such acquisitions
and improvements and giving Notice thereof.
Upon a motion by Councilman Rees, Resolution No. 109-68
of the City Council of the City of Bakersfield, California, approving
a report prepared pursuant to the Municipal Improvement Act of 1913;
and fixing January 13, 1969 in the Council Chambers of the City Hall
as the time and place for hearing protests and objections to the
acquisitions, improvements, diagram and assessment described and
contained in said report and whether such public convenience and
necessity requires such acquisitions and improvements and giving
notice thereof, was adopted by the following vote:
Ayes:
Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Adoption of Resolution No. 110-68 of the
City Council of the City of Bakersfield,
California, directing the City Clerk to
give notice inviting sealed bids for the
purchase of Improvement Bonds and tile
construction of Street Improvements.
Upon a motion by Councilman Whittemore, Resolution No.
110-68 of the City Council of the City of Bakersfield, California,
360
Bakersfield, California, November 25, 1968 - Page 8
directing the City Clerk to give notice inviting sealed bids for
the purchase of improvement bonds and the construction of street
improvements, was adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Hearings.
This is the time set for public hearing on Resolution
of Intention No. 837 of the Council of the City of Bakersfield,
California, declaring its intention to order the vacation of the
alley in Block 306, City of Bakersfield. This hearing has been
duly posted and the vacation has been approved by the Planning
Commission. Request for the vacation was made by Warde D. Watson
Realty Co., agent for the property owners.
No one present offering any protests or objections, the
Mayor closed the public portion of the hearing for Council deli-
beration. Upon a motion by Councilman Hosking, Resolution No.
108-68 ordering the vacation was adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whirremote
Noes: None
Absent: None
Adjournment.
There being no further business to come before the
Council,
adjourned at 8:45 P.
upon a motion by Councilman Vetter, the meeting wa~
MAYOR o~ the City of Bakersfield, Calif.
ATTEST:
CITY CLERK and Ex-(%ff'icio Clerk of the Council
of the City of Bakersfield, California
Bakersfield, California, December 2, 1968
361
Minutes of the regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of the
City Hall at seven o'clock P.M. December 2, 1968.
The meeting was called to order by Mayor Karlen, followed
by the Pledge of Allegiance and Invocation by the Reverend Harry
The City ~lerk called the roll as follows:
Present: Mayor Karlen. Councilmen Heisey, Hosking, Rees, Rucker,
Stiern, Vetter, Whittemore
Absent: None
Minutes of the regular meeting of November 25, 1968 were
approved as presented.
Council recesses for executive session.
This meeting was called for seven o'clock P.M. and the
Council recessed at 7:20 P.M. to go into executive session with
the City's counsel to discuss litigation involving 'the lighting
system in the Civic Auditorium.
The Council reconvened at 9:35 P.M. Mayor Karlen left
the meeting and Vice-Chairman Stiern acted as presiding officer.
Reports.
City Manager Bergen reported that the official count of
the City's special census had not been received, but the results
so far indicate that the count is slightly less than the population
figure at the present time, therefore, the City probably will not
certify the count.
Upon a motion by Councilman Hosking, report from Speer,
Chavez and Ruggenberg, Outside Auditors, on the Annual Audit, was
received and referred to the Governmental Efficiency Committee.
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers Nos. 1863 to
1943, as audited by the Finance Approval Committee were allowed,
and authorization was granted for payment of same.
Berg of the University Avenue Christian Church.
Bakersfield, California, December 2, 1968 - Page 2
Action on Bids.
Upon a motion by Councilman Heisey, all bids received
for annual contract for lubricating oils and greases were rejected,
the specifications were ordered re-evaluated, and authorization
was granted to advertise for bids at a later date.
Approval of Agreement with East Bakers-
field Progressive Club for Holiday
Decorations.
Upon a motion by Councilman Rucker, Agreement with the
East Bakersfield Progressive Club for Holiday Decorations was
approved and the Mayor was authorized to execute same.
Approval of Agreement with the Downtown
Business Association for Holiday Decora-
tions.
Upon a motion by Councilman Hosking, Agreement with the
Downtown Business Association for Holiday Decorations was approved,
and the Mayor was authorized to execute same.
Acceptance of letter of resignation of
Donald M. Hart as Member of the Bakers-
field Police Civil Service Commission,
effective December 1, 1968.
Upon a motion by Councilman Rees, letter of resignation
from Mr. Donald M. Hart as Member of the Police Civil Service
Commission effective December 1, 1968, was accepted, and a letter
of commendation was ordered sent to Mr. Hart.
Appointment of Mr. Ray Arnett to fill
vacancy on the Bakersfield Police Civil
Service Commission created by the resig-
nation of Mr. Donald M. Hart.
Councilman Hosking nominated Mr. Ray Arnett to fill the
vacancy on the Bakersfield Police Civil Service Commission created
by the resignation of Mr. Donald M. Hart, which motion was seconded
by Councilman Vetter. Councilman Rees nominated Mr. Tom Jarvis
to serve on this Commission. Secret ballot was taken and tallied
363
Bakersfield, California, December 2, 1968 - Page 3
by the City Clerk, who declared that Mr. Arnett was the successful
candidate. Upon a motion by Councilman Heisey, an unanimous vote
was cast for Mr. Arnett to fill the vacancy on the Bakersfield Police
Civil Service Commission.
Reception of Certificates of Election
from County Clerk of all Votes cast
for City Measures A, B and C at the
General Election held on November 5,
1968.
Upon a motion by Councilman Vetter, Certificates of Election
of all votes cast for City Measures A, B and C at the General Election
held on November 5, 1968 were received and ordered placed on file.
The results of the election were as follows:
MEASURE A
PROPOSITION 1 YES NO TOTAL
Shall PLAZA NO. 1 be annexed to
the City of Bakersfield and the
property in such territory be,
after such annexation, subjected
to taxation equally with the pro-
perty within the City of Bakers-
field, to pay the bonded indebtedness
of the City of Bakersfield out-
standing for the acquisition,
construction or completion of
municipal improvements?
2,157 2,757 4,914
MEASURE B
PROPOSITION 2
Amends Sections 66, 145, 147, 150
and 153 of the Charter of the City
of Bakersfield and repeals Sections
146 and 156 of the City Charter
13,658 7,669 21,327
MEASURE C
PROPOSITION NO. 3
That Sections 165, 166, 167, 171,
172, 173, 174, 175, 176. 177, 178,
179, 180, 181, 182, 182½, 201,
203, 204 and 238 of the City Charter
of the City of Bakersfield be
repealed
12,665 8,165 20,830
Acceptance of Work and Mayor authorized
to execute Notice of Completion of Con-
tract for Construction of Sewer Line in
Montclair Drive.
Upon a motion by Councilman Rees, the Work was accepted,
and the Mayor was authorized to execute the Notice of Completion
for the construction of a Sewer Line in Montclair Drive.
Bakersfield, California~ December 2, 1968 - Page
Action on Resolution for Federal Grant
under Open Space Land Grant Program
deferred for one week.
It was moved by Councilman Rucker, that Resolution for
a Federal Grant under Open Space Land Grant Program be adopted.
Councilman Heisey commented that he did not believe this had ever
been referred to any committee, and that he would like to have it
held over for a week for study. City Manager Bergen pointed out
that this application is for a federal grant of 50 percent of the
cost of acquisition and development of a twenty acre park site in
the vicinity of West High School, and that the City's portion of
this improvement is in the Capital Improvement Budget. The City
has budgeted $136,000 and all the improvements can be made in this
park if a grant can be obtained for half the cost. After dis-
cussion, substitute motion was made by Councilman Vetter, that
action on the matter be deferred for one week for study by the
Council. This motion carried with Councilman Rucker voting in
the negative.
Hearings.
This was the time set for a public hearing on the
initiated action by the Planning Commission to amend the zoning
boundaries from a C-2 (Commercial) Zone to a C-2-D (Commercial -
Architectural Design) or more restrictive, Zone, of that certain
property located northerly of 30th Street, westerly of "H" Street,
southerly of Golden State Avenue and easterly of the relocated
Stine Canal Extension.
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 November 6, 1968, the Planning Commission
considered the application of the "D" Overlay to this parcel.
After due consideration, the Planning Commission recommended
that the "D" Overlay be applied to a 150 foot strip adjacent to
the residential area to insure a compatible development of the
C-2 zoned area with the adjacent R-1 residential areas. In dis-
cussing this with the owner, John Deeter, the Staff found he has
no plans for development of this area for commercial uses. It is
365
Bakersfield, California~ December 2, 1968 - Page 5
the Commission's recommendation that the "D" Overlay be applied to
protect the residential neighborhood from possible detrimental and
conflicting developments.
Mr. Dewey Sceales, representing the Planning Commission,
presented the findings of the Commission to justify the change of
the zone, stating that the Commission £elt, because o£ the proximity
of the residential property, that there should be a review of any
plans which the owner may have to develop the C-2 property.
Both Mr. Harry B. Critzer, who resides at 3001Jacaranda
Street, and Mr. Virgil Likins of 3232 Mulberry Drive, spoke in favor
of the "D" Overlay being placed on this property, basically for the
protection of the adjacent property owners. Mr. Likins stated he
wasn't aware that this area was zoned commercially at the time he
purchased his property.
Mr. John Deeter, developer of the whole area, addressed
the Council, stating that for the record he is completely against
any type of rezoning of this property. A master plan was put on
the whole property when he annexed to the City and a compromised
was reached whereby this portion of the subdivision was zoned C-2.
He is sure that everyone who purchased residential property in the
area was in£ormed by his office that it was zoned C-2, and that it
would be developed accordingly. He feels that he had an agreement
with the City when this property was annexed, and in recommending
that this area be zoned with a "D" Overlay, the City is taking away
from him something that is his, it is a matter of principal that it
remain C-2. He objects very strenuously to any change of the zone
to a C-2-D, that it establishes a very dangerous precedent to
arbitrarily down zone someone's property.
No rebuttal being made, Vice-Mayor Stiern closed the public
hearing for Council deliberation and discussion.
366
Bakersfield, California, December 2, 1968 - Page 6
Councilman Heisey stated that personally he feels the
City does not have the right to force zoning on a property owner,
that he does not believe the zoning should be changed unless the
owner requests the change himsel£, or agrees to the change in the
zoning, and to arbitrarily force a man to change the zoning of
his property, could very well rob him of some intrinsic value.
It was brought into the City and given a C-2 zoning and that
established certain values to the property.
Councilman Stiern stated he can't agree with Councilman
Heisey that this type of recommendation from the Planning Commission
is an invasion of anyone's constitutional rights.
Councilman Hosking stated that initially he had some of
the reservations that Councilman Heisey had expressed, that the
Planning Commission had initiated this zoning without the consent
of the owner of the land. On the other hand, the "D" Overlay
doesn't change the zoning in any way, or destroy the value of a
piece of C-2 property. The people who have expressed themselves
tonight, and the people who have talked to him stating they are
in favor of the protection of the "D" Overlay, are entitled to
some consideration. He doesn't believe this change will seriously
affect any of Mr. Deeter's plans or destroy the value of the C-2
property or otherwise affect it. For those reasons, he intends
to vote for the adoption of the ordinance.
Planning Director Sceales concurred with Councilman
Hosking, stating that the "D" Overlay does not change the uses
that are permitted, it is just a matter of the design control,
so a use right is not being taken away from the property owner,
merely putting a design review on it by the Commission.
Councilman Heisey commented that if Mr. l)eeter had
built the commercial development first and then the residences,
there would have been no problem. But the residences were built
first with the full knowledge of the persons purchasing them,
that this was zoned commercial, and now at the last minute they
are protesting against this commercial zoning. He personally
doesn't think it is morally right to change the zoning without
the owner's consent.
Bakersfield, California, December 2, 1968 - Page 7
367
Councilman Vetter stated he would be
with Councilman Heisey if it were taking
Deeter, but it just doesn't seem that it
Mr. Deeter has already indicated that he
inclined to agree
something away from Mr.
is changing any land use.
does plan to construct
apartments there which would not be detrimental to the neighborhood,
and he can't see that the "D" Overlay would be restrictive to the
point that it would become burdensome on him, however, it is some-
thing that should be applied equally to everyone else who has C-2
property abutting R-1 property.
After additional discussion, motion was made by Councilman
Hosking that Ordinance No. 1762 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 northerly of 30th Street, westerly of "H" Street, southerly
of Golden State Avenue and easterly of the relocated Stine Canal
Extension be adopted. This motion carried by the following vote:
Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter, Whittemore
Noes: Councilman Heisey
Absent: None
Councilman Stiern then moved that the Planning Commission
be instructed to review all of the areas in the City where there is
C-2 or C-1 commercial property abutting R-1 Residential property,
evaluate each one with the idea of affording protection to the
adjacent property, and make appropriate recommendations to the City
Countil. This motion carried unanimously.
Councilman Hosking was excused from the meeting at this
time.
This was the time set for a public hearing on an application
by Del-Pine Development Co. to amend the zoning boundaries from an R-1
(Single Family Dwelling) Zone and from a C-2-D (Commerical Architectural
Design) Zone to an R-4-T (Multiple Family Dwelling - Trailer Park) or
more restrictive, zone, of that certain property located at the south-
west corner of Stine Road and Belle Terrace.
365
Bakersfield, California, December 2, 1968 - Page 8
This hearing was duly advertised and posted and no
written protests were filed in the City Clerk's office. At a
public hearing held November 6, 1968, the Planning Commission
considered the application and after due consideration, recommended
that the request for a "T" (Trailer Park) Overlay be denied. The
Commission's action was based on the following findings:
1. A mobile home park in this location would not be
compatible with the adjacent R-1 single family
neighborhood.
Forty-three property owners in the area submitted
a petition opposing the mobile home park.
Five property owners in the area appeared in
opposition to the proposed mobile home park.
the petition from the 43
its public
Council
3.
Vice-Mayor Stiern stated that
property owners submitted to the Planning Commission at
hearing would be considered as written protests in this
hearing.
Mr. Riley Marquis,
representing the owners of the Del-
Pine interests, outlined the plans of the owners to develop a
proposed 160 unit mobilehome park by slides of successful similar
parks constructed in Southern California.
The following property owners appeared in opposition to
this proposed zone change:
John Saunders
4207 Cork Lane
Erma Frank
4201 Cork Lane
Robert Sheldon
4017 Wood Lane
Henry Niskanen
3008 Reno Lane
Betty Gilchrist
403 Jones Street
Stewart Magee (in behalf of his
daughter who lives adjacent to
the proposed Mobilehome Park)
Betty Cohn
4011 Bianchi Way
Stuart Witham
3916 Cork Lane
Ray Lockett
4200 Cork Lane
Councilman Rucker asked if restrictions could be placed
on this type of development. City Attorney Hoagland replied that
all mobilehome parks come under the general provisions of the
Health and Safety Code of the State of California. In addition
to this, the City has an ordinance which places certain restrictions
on the operation of Trailer Parks. The Mobile Home Park laws in
the State of California are quite restrictive on this type of
development.
369
Bakersfield, California, December 2, 1968 - Page 9
Mr. Marquis stated the owners of this project will be
willing to accept any restrictions that the Council wished to place
on it. The quality of the project and the rates that will be
charged are the best assurance the City has against any downgrading
of the proposed mobilehome park. They want it to be a pleasant
place that will blend in with the community. The other areas where
this type of development has been constructed have found that mobile-
home parks return more revenue to the City than an R-1 subdivision.
Vice-Mayor Stiern closed the public
discussion and deliberation.
Councilman Vetter commented that he
look at the proposed mobilehome park with the
hearing for Council
had the occasion to
developers and initially,
he felt
owners. He
would be an
there now.
that it would not be detrimental to the adjacent property
felt that they had a well-planned development and it
improvement in many respects to the present buildings
However, he is obligated to consider this for what it
and that is a zone change, and in any zone change, it is mandatory
to consider the neighborhood. He has talked to the members of the
Planning Commission and to the people who are opposed to this, and
with the overwhelming neighborhood protest and recommendation from
the Planning Commission that it be denied, he can only make a motion
that the application be denied.
Councilman Stiern stated he understands the tax problem
confronting the owner in view of rising taxes in the area and the
desire that he has to develop it into something that would return
some income. He had looked this area over thoroughly, and has
thought about it from all aspects, and all he can say is that he
would not buy a home that was across from a mobilehome park. The
people in the area have some very fine homes and this has to be
taken into consideration. If the people in the trailer park don't
like something~ they can move, but the people who have their homes
there must stay.
37O
Bakersfield, California, December 2, 1968 - Page 10
Councilman Heisey commented that he is amazed that so
many people are objecting to this project, because it is one of
the nicest mobilehome parks that can be built. He has looked at
similar parks in Southern California, and they are very fine.
There may not be transitional zoning in this area, but there is a
wide street, plus a wide canal, the developer plans to build a
block wall around the park, and the project will be set far enough
back that it should afford privacy to the adjacent neighborhoods
and not make it objectionable to anyone. He thinks the community
needs a mobilehome park, this may not be the exact place for one,
but it is an appropriate place for one.
After some additional discussion, vote was taken on
Councilman Vetter's motion, and Zoning Resolution No. 214 denying
application by Del-Pine Development Company to amend Title Seven-
teen of the Bakersfield Municipal Code by changing the Land Use
Zoning of that certain property in the City of Bakersfield located
at the southwest corner of Stine Road and Belle Terrace, was
adopted by the following vote:
Ayes:
Noes:
Absent:
Council upon a motion by Councilman Heisey,
adjourned at 12:00 P.M.
Councilmen Rees, Rucker, Stiern, Vetter, Whirremote
Councilman Heisey
Councilman Hosking
Adjournment.
There being no further business to come before the
the meeting was
MAYOR of the City of Bakersfield, Calif.
ATTEST:
C ~n~ f k of the Council
of the City of Bakersfield, California
371
Bakersfield, California, December 9, 1968
Minutes of the regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of the City
Hall at eight o'clock P.M. December 9, 1968.
In the absence of Mayor Karlen, Vice-Mayor Richard Stiern
acted as presiding officer and called the meeting to order followed
by the Pledge of Allegiance and Invocation by the Reverend Ed Galusha
of the First Presbyterian Church.
Present:
Absent:
The City Clerk called the roll as
Councilmen Heisey, Hosking, Rees,
Whittemore
Mayor Karlen
follows:
Rucker, Stiern, Vetter,
Minutes of the regular meeting of December 2, 1968 were
approved as presented.
Scheduled Public Statements.
Mr. Raymond Gonzales, president of the Martin Luther King
Memorial Committee, read a prepared statement to the Council requesting
that the City Council take immediate action on the following suggestions:
1. Investigate the possibility of using its power
to license in order to obtain a balanced ratio
of minority members among those employers and
contractors who do business under such authority.
2. When the City grants contracts on projects of
uniform price, consideration be given to whether
the bidder is an equal opportunity employer and
whether he will hire and train minority members.
After discussion, upon a motion by Councilman Heisey, the
statement was received and ordered placed on file and the matter was
referred to the City Attorney for study and recommendation to the
appropriate committee.
Correspondence.
Upon a motion by Councilman Rees, communication from Mr.
Allen Bottorff thanking the Council for its congratulatory resolution,
was received and ordered placed on file.
Upon a motion by Councilman Hosking, communication from Mrs.
J. E. Bowers regarding a meeting of parents from South High School
with the Inter-Group Relations Board, was received and ordered placed
on file and referred to the Board for an answer.
072
Bakersfield, California~ December 9, 1968 - Page 2
Upon a motion by Councilman Vetter, seconded by Council-
man Heisey~ communication from Mrs. Helen Lee Day~ chairman of the
Inter-Group Relations Board, relative to participation by members
of the Board in order to function efficiently, was received and
ordered placed on file. Mrs. Day was requested to submit an
attendance record to the Council for its information.
Upon a motion by Councilman Vetter, communication from
Gerald F. Minford~ Executive Secretary of the Kern County Asso-
ciation of Cities, advising that it is impossible to hold a
meeting between the city's legislators in Sacramento prior to the
new session of the legislature, but a meeting will be set for a
later date, and that he will try to set a meeting of Mayors as
soon as possible, was received and ordered placed on file. Copy
of the Special Committee Report on dog licensing practices was
ordered referred to the Budget and Finance Committee for study.
Upon a motion by Councilman Rees, communication from
the Downtown Business Association stating that a resolution was
adopted by the membership that the Bakersfield City Council be
requested immediately to remove all parking meters now located in
the Central Business District, was received and referred to the
Downtown Parking Committee for recommendation. City Manager
Bergen stated that copies of his and the Traffic Authority's
report on the parking meters will be mailed out to the Council
with next Thursday's agenda, and he will be prepared to discuss
his report in detail at next week's meeting.
Appointment of Ray Arnett as Member of
the Police Civil Service Commission for
a six year term expiring December 31,
1974.
Councilman Hosking stated that he wished to clarify his
motion at last week's meeting to appoint Mr. Ray Arnett as Member
of the Police Civil Service Commission, that it was his intention
to move to fill the vacancy existing due to Mr. Donald Hart's
resignation and also to appoint Mr. Arnett for the next term. He
then moved that Mr. Arnett be appointed to this commission for a
full six year term expiring December 31, 1974, which motion
carried unanimously.
37 3
Bakersfield, California, December 9, 1968 - Page 3
Council Statements.
Councilman Heisey commended the Police Chief, the County
Sheriff, and their respective departments, for the splendid co-
operation with each other in staging the largest narcotics and
marijuana roundup in Kern County history. This roundup was the
result of a cooperative investigation by both departments. Council-
man Heisey stated that both departments deserved a "well-done" for
the excellent law enforcement constantly being administrated in the
entire community.
Councilman Heisey read a communication from Mr. Thomas W.
Holson of 1314 Alta Vista Drive, pointing out the need for accessible
comfort stations and the lack of attractive restrooms in the downtown
area, especially during parades and other public events. Upon a
motion by Councilman Heisey, seconded by Councilman Vetter, the City
Manager was requested to make a survey and report back to the Council
regarding the facilities available and whether the staff feels some
action should be taken by the City to construct restrooms in the
downtown area.
Councilman Rees commented on a letter to the editor which
appeared in the Bakersfield Californian during the month of November
on the subject of street sweeping, in which the writer stated that
it was again necessary to protest against the discriminative practice
of the City of cleaning the streets in the rich and affluent neighbor-
hoods while leaving the streets unclean and filthy in the working
class neighborhoods. He asked the City Manager if this was the
practice pursued by the City.
Mr. Bergen replied in the negative, stating the City
conducted a street sweeping program at all times, and the only
difference in it was that the business district and the major
thoroughfares are swept oftener, but the residential street sweeping
is uniform throughout the City. There is absolutely no discrimination
between neighborhoods as far as the economic background is concerned.
There is no change in the schedule except that during the season for
heavy leaf pickup, more attention is given to those streets where
there are large trees and it is necessary to keep the drains open
and maintained.
374
Bakersfield, California, December 9, 1968 - Page 4
Councilman Whittemore commented that South High School
has received a lot of adverse publicity this past year and he
would like to point out that this is a very fine school, it has
some outstanding students all anxious to receive an education,
as well as an outstanding athletic program.
Councilman Stiern commented that he was heartened this
last week to see some support for the efforts of the Kern County
Associated Cities toward correcting City-County tax inequities.
A Councilman in Los Angeles went on record with a very powerful
statement in which he pointed out, among other things, that the
property tax burden on city taxpayers is presently so heavy that
payment for services not rendered can no longer be tolerated. He
concluded by saying that such a situation might have been quietly
tolerated by Los Angeles citizens as long as county taxes remained
at a nominal level, but the rapid rise of county taxation, coupled
with increases from other jurisdictions, has placed an unjusti-
fiable load on city taxpayers. Councilman Stiern called attention
to the 75% increase in Kern County's budget for the last five
years. The city taxpayers are forced to assume this burden even
though in many instances, services are not received in return.
The Kern County Association of Cities effort is now over
five years old, the Stanford Research Report is three years old,
the matter was referred to LAFCO last year, and absolutely nothing
has been done. The City's supervisor, after twelve years in office,
has done nothing to rectify this situation despite the City's con-
tinued appeal for relief. Failing to get action on the local
level from the Board of Supervisors, it is tragic that the Cities
are now in the process of going to the State Legislature for a
solution that should have come from the Kern County Board of
Supervisors. The injustice is obvious, the solution would have
been very simple on a local level. It appears that it will be
necessary now to wait for a special act from the State Legislature
to obtain some kind of a just resolution to this problem. The
Cities are on record at the present time with a very firm mandate
to the Board of the League of California Cities that legislation
be introduced before the State Legislature making.it illegal for
counties to charge city residents for services they do not provide.
Bakersfield, California, December 9, 1968 - Page 5
375
It is a very sorry reflection on local government when it is
necessary to go to Sacramento for a resolution of this problem.
Other cities are becoming concerned with the situation and Bakers-.
field can look for growing support in Sacramento at this time.
Reports.
Councilman Whittemore, chairman of the Governmental
Efficiency and Personnel Committee, read a report of a meeting
with the City Manager and members of the administrative staff to
consider a request from the City Employees' Health Insurance Com-
mittee to allow new employees to become eligible for the City's
group insurance plan upon probationary appointment. The present
policy does not allow an employee to become eligible for group
insurance until after the completion of six months' service. If
this request is granted, the cost to the City would be less than
$30 per new employee.
After careful consideration, the Governmental Efficiency
and Personnel Committee is satisfied that the request is justified
and recommends that the Council adopt an ordinance amending Section
3.22.020 of the Municipal Code to effectuate this request. Upon a
motion by Councilman Hosking, the report was adopted, and Ordinance
of the Council of the City of Bakersfield amending Section 3.22.020
(d) of the Municipal Code to extend the eligibility of employees to
participate in the Group Insurance Program was considered given first
reading.
Councilman Whittemore, chairman of the Governmental
Efficiency Committee, reported that the Committee had met recently
to evaluate a request to purchase a recording and transcribing
machine to be permanently installed in the Council Chambers. The
present machine is used for recording the Council meetings along
with the various board and commission meetings held in the Council
Chambers. This machine is very sensitive and the continuous moving
and changing of the adaptors needed for both recording and tran-
scribing has caused shorts, blown fuses and other problems. This
machine is being used by other departments and on several occasions
the machine has been requested when the City Clerk was in the process
of transcribing Council minutes and this has caused many impositions.
376
Bakersfield, California, December 9, 1968 - Page 6
The Governmental Efficiency and Personnel Committee is satisfied
that this request is reasonable and recommends Council approval.
Upon a motion by Councilman Rees, the report was received and the
Finance Director authorized to transfer $350 from the City Council's
510-6100 Account to the City Clerk's 531-7100 Account.
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers Nos. 1944 to
2075, inclusive, in amount of $95,460.52, as audited by the
Finance Approval Committee, were allowed, and authorization was
granted for payment of same.
Adoption of Resolution No. 111-68 authori-
zing the filing of an application with the
Department of Housing and Urban Development
for a Grant to aid in the acquisition and
development of Open Space Land.
After discussion, upon a motion by Councilman Heisey,
Resolution No. 111~68 authorizing the filing of an application
with the Department of Housing and Urban Development for a Grant
to aid in the acquisition and development
adopted by the following vote:
Councilmen Heisey, Rees, Rucker,
Councilman Hosking
Ayes:
Noes:
Absent:
None
of Open Space Lane, was
Stiern, Vetter, Whittemore
Action on proposed purchase of Section 33,
T. 30 S., R. 27 E., M. D. B. & M., for the
location of a Municipal Sewage Treatment
Plant was deferred for one week to obtain
an additional appraisal of the property.
City Manager Bergen stated that in October, 1964, seven
separate vacant parcels of land in the southwest area of Bakers-
field were appraised and considered for the location of a Municipal
Sewage Treatment Plant. Section 33, T 30 S., R 27 E., is the best
site because of the location, topography, area of service and price.
The property appraisal was updated in July, 1968, and the owners
of the site have agreed to the sale at the current appraisal.
The bonds have been sold so that there are sufficient
funds for the purchase of this property at the current market
377
Bakersfield, California, December 9, 1968 - Page 7
value of $825.00 per acre, or a total of $528,000.00. The Engi-
neering Department is working on the plans and specifications, a
contract has been authorized with an engineering firm for design
of this treatment plant, and he believes it would be appropriate to
move ahead and purchase this site, with all of the rights owned by
the Kern County Land Company with the exception of the mineral rights.
Members of the Council questioned Public Works Director
Jing and Mr. Bergen regarding this property, and a~ter considerable
discussion, it was moved by Councilman Heisey, that action be deferred
for one week to obtain an additional appriasal on the property for
consideration of the Council. This motion carried unanimously.
Authorization granted to transfer funds
for the replacement of a calculating
machine in the Finance Director's office.
Upon a motion by Councilman Vetter, authorization was
granted to transfer $660.00 from Account 11-510-6100 to Account
11-530-7100 to replace calculating machine in the Finance Director's
office.
Approval of request of Gannon Construction
to connect property at northwest corner of
34th Street and San Dimas Street to the
City sewer line.
Pursuant to recommendation of the Planning Commission,
upon a motion by Councilman Heisey, approval was given to enter
into a Sewer Rental Agreement with Gannon Construction for that
property located at the northwest corner of 34th and San Dimas
Streets, as this property is located within an area under considera-
tion for annexation, subject to conditions as outlined by the Public
Works Director.
Approval of Street Lighting Plan for
Tract 3219.
Upon a motion by Councilman Rees, Street Lighting Plan for
Tract 3219 was approved.
378
Bakersfield, California, December 9, 1968 - Page 8
Adoption of Resolution No. 112-68 of the
Council of the City of Bakersfield approving
an agreement between the City and the State
for modification of traffic signals at Brun-
dage Lane and "H" Street and at Brundage
Lane and Chester Avenue.
Upon a motion by Councilman Vetter, Resolution No. 112-68
of the Council of the City of Bakersfield approving an agreement
between the City and the State for modification of traffic signals
at Brundage Lane and "H" Street and at Brundage Lane and Chester
Avenue, was adopted by the following vote:
Ayes: Councilmen Heisey~ Hosking, Rees, Rucker, Stiern~ Vetter,
Whittemore
Noes: None
Absent: None
Acceptance of Work and Mayor authorized
to execute Notice of Completion for the
Contract for the paving and improving of
Ming Avenue between Real Road and U.S.
99 Freeway.
Upon a motion by Councilman Whittemore, the Work was
accepted and the Mayor was authorized to execute Notice of Com-
pletion for recordation for the paving and improving of Ming
Avenue between Real Road and U. S. 99 Freeway.
Acceptance of Map of Tract No. 3219 and
Mayor authorized to execute the Contract
and Specifications covering improvements
in said Tract.
Upon a motion by Councilman Heisey, it is ordered that
the Map of Tract 3219 be, and the same is hereby approved; that
all the easements, drives, courts, avenues, and lanes shown upon
said Map, therein offered for dedication, be and the same are
offered for dedication. Pursuant to the provisions of Section
11587 of the Business and Professions Code, the Council of the
City of Bakersfield hereby waives the requirement of signatures
of the following:
NAME NATURE OF INTEREST
Kern County Land Company
Mineral rights below a
depth of 500 feet with
no right of surface entry
379
Bakersfield, California, December 9, 1968 - Page 9
The Clerk of the Council is directed to endorse upon the
face of said Map a copy of this order authenticated by the Seal of
the Council of the City of Bakersfield and the Mayor is authorized
to execute the Contract and Specifications for the improvements in
said Tract.
Hearings.
Time set for a public hearing on an application by Arnold
Kirsehenmann to amend the Zoning boundaries from an R-3-D (Limited
Multiple Family Dwelling - Architectural Design) Zone to a C-i-D
(Limited Commercial - Architectural Design) or more restrictive,
Zone, of that certain property located at the northeast corner of
Columbus and Haley Streets.
This hearing has been duly advertised and posted and written
protests were received and read by the City Clerk from Mr. Robert Self,
who is the owner of the 17 apartment units across the alley and
immediately to the east of the subject property, and from Mr. and Mrs.
Walter J. Huber, 2704 Haley Street.
At a public hearing held November 6, 1968, the Planning
Commission considered the above request. After review and considera-
tion, the Commission made the foll0wing findings of fact:
1. Five prior applications requesting the changing
of zones for these properties have been heard
and denied by the Planning Commission.
2. Deed restrictions imposed on Tract No. 1795
specifically prohibit all uses other than
residential and church uses until the expira-
tion of such restrictions on April 1, 1985.
3. Uses permitted in the C-1 zone would not be
compatible with the R-1 and R-3 developed
properties in the area.
4.Several property owners appeared in opposition
to the zone change.
5. The proposed zoning is not of public necessity,
public convenience, nor good zoning practice.
38O
Bakersfield, California, December 9, 1968 - Page 10
Neither Mr. Kirschenmann, nor a representative, was
present at the bearing to speak in favor of the application.
Vice-Mayor Stiern invited anyone opposing the rezoning
to address the Council. Mr. Martin E. Rondone of 2712 Haley Street
and Mr. Melvin E. Pipkin of 2701 Fordham Street, appeared in oppo-
sition to the proposed Zone change.
Vice-Mayor Stiern closed the public hearing for Council
discussion and deliberation. It was moved by Councilman Heisey
that Zoning Resolution No. 215 denying application of Arnold
Kirschenmann to amend Title Seventeen of the Bakersfield Municipal
Code by changing the Land Use Zoning of that certain property in
the City of Bakersfield located at the northeast corner of corner
of Columbus and Haley Streets, be adopted.
following vote:
Ayes:
Noes:
Absent:
Motion carried by the
Councilmen Heisey, Hosking, Rees,
Whittemore
None
None
Time set for a public hearing on an application by
Rucker, Stiern, Vetter,
Fairway Land & Development Co., Ltd.
from an R-1 (Single Family Dwelling) Zone to an R-3
Multiple Family Dwelling) or more restrictive, Zone,
certain property commonly known as 2311Planz Road.
This hearing was duly advertised and posted and no
written protests were filed in the City Clerk's office. At a
public hearing held November 6, 1968, the Planning Commission
considered the above request. After reviewing the application,
the Commission recommended approval of the change of zone from an
R-1 to an R-3 zone with the application of the "D" (Architectural
Design) Overlay, based on the following findings of fact:
1. The "~' (Architectural Design) Overlay is
required to insure a compatible development
for the adjacent residential development
and to protect the traffic flow to Planz
Road.
to amend the zoning boundaries
(Limited
of that
381
Bakersfield, Calllorn±a, December 9, 19138 - Page 11
2. The proposed R-3-D zoning would be compatible
with the existing zoning and development of
adjacent properties.
3. The proposed R-3-D zoning would not be in
conflict with the general arrangement of
land uses as depicted on the General Plan.
No one present offering any objections, the Vice-Mayor
declared the public hearing closed for Council discussion and deli-
beration. Upon a motion by Councilman Whittemore, Ordinance No.
1763 New Series amending Title Seventeen of the Municipal Code of
the City of Bakersfield by changing the Land Use Zoning of that
certain property in the City of Bakersfield commonly known as 231~
Planz Road, was adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Councilman Stiern commented that he had been receiving
complaints regarding the increasing number of sonic booms over the
City and the damage to property of the citizens of the community.
After discussion, the City Manager was instructed to address polite,
friendly letters to the commanding officers of Edwards, Lemoore and
Palmdale Air Force Bases and
been received by the Council
resolve this problem.
notify them that these complaints have
and request some consideration to
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.
Vi~E_M~YOR/ ~/'~ ~?~' :!Fl'_ ~:
of the City of ~a i/el~'
Calif.
ATTE ST:
RK and Ek-Offi~io Clerk of the Council
of the City of Bakersfield, California
3S2
Bakersfield, California, December 16, 1968
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P.M. December 16, 1968.
Due to the illness of Mayor Karlen, Vice-Mayor Stiern
acted as presiding officer and called the meeting to order
followed by the Pledge of Allegiance and Invocation by the
Reverend Victor Hatfield of the St. Paul's Episcopal Church.
The City Clerk called the roll as follows:
Present: Councilman Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Absent: Mayor Karlen
Minutes of the regular meeting of December 9, 1968 were
approved as presented.
Correspondence.
Upon a motion by Councilman Rucker, request from Stock-
dale Development Corporation for annexation of all of their
property within the north ½ and the southeast ¼ of Section 10 and
the north { of Section 15, all with T 30 S., R 27 E., was referred
to the Planning Commission for study and recommendation.
Upon a motion by Councilman Hosking, communication from
the Board of Trustees of the Panama Union School District expressing
their objections to the proposed location of the southwest sewage
treatment facilities located in Section 33 of the County of Kern,
was received and ordered placed on file.
Upon a motion by Councilman Hosking, communication from
the Board of Trustees of the Lakeside Union Elementary School
District with attached petition signed by 89 property.owners in
the area requesting the City to reconsider its proposed site on
Taft Highway for the location of the new sewer farm, was received
and ordered placed on file and referred to the staff.
Bakersfield, California, December 16, 1968 - Page 2
City Manager Bergen referred to item on 'the Agenda under?
Deferred Business, requesting authorization to purchase Section 33,
stating that it should be divided into two parts. The first part
is the location and the second is the purchase. As far as the
purchase is concerned, he is recommending that no action be taken
this evening, or until such time as an appraisal is obtained and
the staff is satisfied with the price, he will make no recommenda--
tion for the purchase. The second appraisal is being made but is
not complete and will require a meeting with this appraiser, the
first appraiser and the Land Company before any conclusion can be
reached.
He stated he is prepared to make some general statements
regarding the location and related the history of the need for a
public sewer system in the southwest area which was recognized as
far back as 1958. Report made by Quinton Engineers to the Kern
County Land Company at that time indicated two alternate locafion~i
for a plant site. Report made by Koebig and Koebig in 1960, prepared
for the Board of Supervisors, proposed Section 21 as the location
for the plant. In 1964, it became apparent to the City of Bakers-.
field, as well as the Kern County Land Company, that a new sewage
treatment plant would be needed in the southwest and several sites.
were evaluated, with Section 33 being selected as one of the more
economical sites, as it is undeveloped, although the land around
it is developed.
Several hearings were held on this, an election was held
in 1965 to purchase the plant and appurtenances and farm site, and
the plan did indicate Section 33 as the site, which has been dis-
cussed in public several times. To arbitrarily move the site
location a mile would cost approximately $250,000.00 a mile to con-
struct the main outfall. In addition to this, if the plant and leads
were moved too far before sufficient capacity is built up, there
would be an operational problem with the treatment., there would
not be enough flow to keep the line self-cleansing.
This plant will serve a projected area of about 60,000
persons in 1985. After the turn of the century, the maximum
3S4
Bakersfield, California, December 16, 1968 - Page 3
capacity of the treatment plant as designed will ultimately serve
140,000 people. It is not impossible,
to move the plant a mile south, but it
economical standpoint. For every mile
from a physical standpoint,
cannot be done from an
north the site is moved,
there would be a
sections of land,
The location
his statement
that the City
reduction in the possible service area of six
which will ultimately contribute to the plant.
is, therefore, economically justified. He concluded
by saying that he couldn't recommend to the Council
spend another quarter million dollars to extend the
plant a mile south, and he doesn't believe it would remove any
objections to move the plant a mile in any other direction, it is
really a matter in economics, by trying to balance the location.
He asked that the record show that 19 telegrams were
received opposing Section 33 as the proposed site for the sewer
farm, 12 of which represented four families and the other seven
represented individuals whose property lies adjacent to Section 33.
Mr. Bergen stated there are two things to remember, the
State Health Department has very stringent regulations regarding
the operation of a sewage treatment plant which must be conformed
to, and the farm and the plant can be located on the site and
designed in such a manner architecturally, that it will not look
like a sewage treatment plant. This type of architecture is a
little more expensive than just constructing a functional building,
but the expenditure is justified. The City will be happy to show
the adjacent landowners drawings and renderings of the City's
plans for the construction and landscaping around the plant, but
he doesn't know what he can do to eliminate the emotional problem
which will exist.
Councilman Heisey commented that if there were people
present who wished to speak on this subject, they should be per-
mitted to do so, he thinks Mr. Bergen has covered the City's side
of the matter very thoroughly.
Miss Maryanna Ashe, who stated her home was directly
across the road from the proposed site, Mr. Stanley Antongiovanni,
representing his family who owns considerable property in this
3S5
Bakersfield, California, December 16, 1968 - Page 4
area, and Mr. Frank K. Fugitt, a property owner in the area, all
expressed their objections to the proximity of the plant to the
private property in the area, stating it will devaluate the sur-
rounding properties and be detrimental to future development.
Vice-Mayor Stiern thanked the persons who spoke to the
Council stating this question has
must still consider the price and
is made.
Heisey,
not been settled, as the Council
the location before any decision
Correspondence (Continued.)
Upon a motion by Councilman Vetter, seconded by CounciMaan
letter of resignation from Mr. Wesley G. Bruer as a member
of the Planning Commission, to be effective December 31, 1968, was
received and ordered placed on file, the resignation was accepted
with regret, and a letter of commendation was ordered sent to Mr.
Bruer for the excellent service rendered to the Planning Commission
and the City.
Reports.
City Manager Bergen read his report to the Business
Development and Parking Co~nmittee, reciting a history of parking
meter installation in the City and outlining the necessity for
traffic control in the Downtown Business District to provide com-
mercial establishments in the area with the maximum opportunity to
enjoy as many customers as possible, which was supported by an
attached memorandum from Police Chief J. M. Towle and a report of
the Traffic Division relative to parking meters.
Should the meters be removed, it would be necessary to
employ a minimum of two and perhaps three more officers in the
Traffic Division to patrol the central business area at an esti-
mated expenditure of an additional $34,254.00 for personnel and
equipment. Control would involve marking tires on a patrol basis
for smaller areas than at present. Removal of the parking meters
will, in all probability, affect the City's continuing commitment
for the parking lot at 18th and Eye Streets, since it is safe to
presume that less people will apt to park in a metered lot if
meters do not exist in other portions of the downtown area. The
removal of parking meters would also entail competition with existing
private parking lot operations and discourage their use of expansion
and retention.
386
Bakersfield, California, December 16, 1968 - Page 5
In summary, the City Manager stated that although the
Council has received a communication from the Downtown Business
Association seeking the immediate removal of all parking meters,
it should be pointed out that removal o~ such meters will not, in
itself, free the downtown business district from its main problem
which is competition from outlying shopping centers. Removal of
the parking meters will, in all probability, increase traffic
congestion in the downtown area, particularly during peak hours.
On this basis, the staff finds it highly questionable whether the
Downtown Business District can expect successful results from
removing parking meters. The sta£f believes that such removal
may be negative in its implication. The question of parking
control and revenue is an integral part of the redevelopment of
the downtown area. Before any significant changes are made, the
recommendation of the Redevelopment Agency should be obtained.
Because of the problems outlined in this report and
reports submitted by the Police Department, the staff would suggest
the following proposals to the Committee for consideration:
1. Parking meters be retained in the Downtown
Business District on a selective basis.
2. Parking meter revenue not obligated for traffic
control expense be returned to the Downtown
Business District, i. e., Redevelopment Agency,
Christmas decorations, etc., under supervision
of the City Council.
3. Should the Council determine that parking meters
be removed entirely from the streets in the
Downtown Business District, meters should remain
on the parking lots owned by the City and parti-
cularly on the Sill property.
The best traffic control will exist under metered con-
ditions. However, because the City has met its bond obligations,
the Council, in cooperation with the Downtown Business Association,
will have more flexibility in its treatment of the meters. This
means that arrangements can be made for renting parking facilities
at certain times, or providing free parking on lots during certain
holiday periods, etc.
387
Bakers£ield, California, December 16, 1968 - Page 6
Councilman Rucker, chairman of the Business Development
and Parking Committee, read a report of that Committee on the subject
of Parking Meters, stating that the Committee appreciates the concern
and thoroughness of the staff reports concerning this problem. The
Committee understands that nothing less than a recommendation for
total removal o£ parking meters would be greeted with approval by
the downtown merchants and the public at large. However, it is the
responsibility of this Committee and the City Council to take a long
range view of the whole question o~ tra£fic control and parking space
for the Downtown Business District. What is needed is simply more
parking spaces in order to increase shopper mobility. A recommenda-
tion to remove parking meters would not solve this problem.
As outlined in the City Manager's report and in the reports
o£ the Traffic Division, a recommendation o£ that sort would tend to
increase traffic congestion and discourage present operations of
private parking concerns in the downtown area. As pointed out in
the City Manager's report of this Committee, it would be irresponsible
to make a recommendation without first coordinating the Committee's
thinking and plans with the City's Redevelopment Agency. This agency
has a continuing responsibility £or the improvement of the downtown
area, and certainly the availability of parking space will loom large
in their future plans. The Committee is primarily concerned with the
availability of adequate parking spaces for the downtown core area.;
therefore, the Committee offers these suggestions l!or full Council
consideration:
1. That we do not act hastily in making a £inal
determination on the question of parking
meters, but rather coordinate our plans with
the Redevelopment Agency and others who may
have serious recommendations to facilitate
shopping in the downtown area.
2. That parking meters be retained in our parking
lots in order to protect and encourage private
parking lot operations. To do otherwise, would
tend to discourage such operations and, conse-
quently, the availability of additional parking
space.
3S8
Bakersfield, Cali£ornia, December 16, 1968 - Page
3. That the treatment of parking meters on streets
undergo further Council consideration; that the
flexibility we have attained, mentioned earlier,
be open to suggestion for different approaches.
The Committee strongly feels that if we were to
recommend the removal of meters, we would place
the City in the hazardous position of precluding
the City from moving ahead to acquiring additional
parking space. We further recommend that revenue
derived from the Downtown Business District on
parking meters be returned to the central district
after expenses for parking meter operations, in
order to aid our central business community in
such endeavors thai would enhance the core area.
The Committee has studied this question long and hard,
and in arriving at these recommendations would like to emphasize
that it is its view that the end of parking meters in the down-
town business district would not mean the end of congestion or
the beginning of merchant prosperity. Reliance must be placed
on the professional studies and opinions of the sta£f. The Com-
mittee knows that the removal of meters in other communities has
increased the use of on-street parking spaces by merchants and
their employees, thereby discouraging shopper parking.
Councilman Hoskingcommented that he concurred with this
report in the main, although he did run for Councilman on a plat-
form of removing meters, and these parking meters are all in his
Ward. He stated that at the Committee meeting he had voiced his
opposition to the last sentence in Paragraph Three on Page 3 of
the Report, which states that revenue derived from the downtown
business district on parking meters should be returned to the
central district after expenses for parking meters operations in
order to aid the central business community in such endeavors
that would enhance the core area. He does not think that any of
this revenue should go for anything else except off-street parking.
Councilman Rees stated he didn't remember that the Com-
mittee was that specific in its discussion~ to state what purpose
the funds were to be used for excepting that they were to be
ear-marked for downtown. However~ the Council would retain control
of the funds and merely execute the intent that mainly the money
comes from downtown parking and would be used for downtown purposes.
389
Bakersfield, California, December 16, 1968 - Page 8
These recommendations are flexible and could be determined when
the issue confronts the Council. He feels the Committee should
lean heavily on the report of the Traffic Authority who is on the
firing line day after day. He also feels they are well advised to
await the plans of the Redevelopment Agency.
Councilman Rucker stated that he had scrutinized this
report very closely, and inasmuch as the bonds have been paid off,
the use of the revenue is more flexible and he feels that the core
area of the downtown business district should be considered for
this money.
Councilman Heisey stated he felt the recommendations were
good ones, and he moved adoption of the report. He stated that he
feels it would be appropriate if the Traffic Authority, under the
direction of Mr. Bergen, worked out a schedule with the merchants
for covering meters for certain events and sales promotions, which
is done successfully in other cities.
Councilman Vetter stated he agrees with Councilman Hosking,
that if the parking meters are retained, whatever revenue is derived
from those meters should go directly for the purchase or for making
additional facilities available. He also thinks that the staff,
the Redevelopment Agency and the Parking Committee of the Council
should work directly with the parking committee of the Downtown
Business Association, that it is very important whatever the Council
does, that it is done in conjunction with the parking committee oI
the DBA.
Councilman Whittemore stated he appreciates the work and.
thought that has gone into this report. It is a problem that has
to be solved, which could be delayed until the Redevelopment Agency
has worked out its plans for the downtown business district. He
agrees with Councilman Hosking that these funds should not be ear-
marked for a particular area. The traffic ticket for overparking
is the big deterrent to the shopper who comes downtown, and he
suggested again that the staff investigate what the experience of
the other cities has been who have a ticket in the form of an
envelope and the violator can put his fine in the envelope and then
put it in a box at the end of a block.
390
Bakersfield, California, December 16, ]968 - Page 9
Councilman Stiern stated he feels the subject of parking
meters has become purely an emotional problem. There is no
question but they have served the purpose they were intended for
to retire the bonds to purchase the off-street parking lots. But
he is fearful that in waiting for a solution from the Downtown
Revitalization Committee or waiting for some other solution, the
Council is jeopardizing the economy of the entire downtown area
that the parking situation is supposed to support. People don't
like parking meters, and they avoid the downtown area and trade
where there are no meters.
Councilman Hosking agreed that it is a emotional problem.
If the downtown area was suffering from a lack of people, it would
not be necessary to worry about parking meters, because there
wouldn't be any cars there to give tickets to, but the fact of
the matter is that it is not possible to find parking places down--
town. If, as it is indicated that parking meters are driving
people away, his eye sight is failing. All the lots purchased
with parking meter revenue are full, the one the City is renting
is full, the City should take the money and attempt to buy this
lot from Sill Properties, it is very badly needed downtown. The
Bank of America is moving out in the foreseeable future, it has
a lot at 20th and Eye Street which should be acquired by the City
of Bakersfield. A lot is needed over on 19th Street, there are
not enought parking spaces downtown, that is the problem, not the
meters. If the Council does keep the meters, the City should move
ahead and acquire additional off-Street parking in the right places.
Mr. James Shurley, a former Councilman, addressed the
Council and proceeded to bring the members up to date on the
history of the parking meters in the City of Bakersfield as he
remembered it. Among other things, he stated that if the down-
town merchants would educate their clerks to be more courteous
and keep the sidewalks in front of their places of business in a
clean condition, they would receive considerably more business.
Bakersfield, California, December 16, 1968 - Page l0 391
Councilman Heisey amended his previous motion to adopt
the Business Development and Parking Committee's report, with the
deletion of the last sentence of the third paragraph of recommenda-
tions on Page 3, which he stated would then make it acceptable to
everyone.
The City Clerk read a communication from the Downtown
Business Association stating that they wished the statement con-
tained in their letter of December 3, 1968 readin~ that the "following
resolution was unanimously adopted" to read "the following resolution
was adopted." Also the Downtown Business Association thanked the
Council for its cooperation in the matter of the extension of
parking time during the Christmas season, which was very much
appreciated by the public.
The City Clerk read a communication from Mr. Gerald Strlker,
partner of the Rose Yardage, stating that the parking meters should
be eliminated and the City should return to the practice of marking
of tires for a two hour period.
After discussion, the Council voted on Councilman Heisey's
amended motion to adopt the report with the deletion of a portion of
recommendation No. 3 on Page 3. Councilman Stiern voted in the
negative on this motion, qualifying this action by stating that tlle
essence of the report is a postponement of a resolution of the problem
and the people that he has talked to within the last month almost
without exception feel that the meters should come out. He further
feels that the purchase of additional off-street parking in the
downtown area should be the problem of the Redevelopment Agency and
not of the City of Bakersfield.
Councilman Rucker made a motion that the two letters read
by the City Clerk be received and ordered placed on file, which
carried unanimously.
Councilman Hosking moved that the Council accept the
reports of the Traffic Authority and the City Manager on the subject
of Parking Meters. This motion carried unanimously.
392
Bakersfield, California, December 16, 1968
Page 11
Mr. William Jing, Director of Public Works, read his
report on the subject of the Eastside Canal, stating that the
canal was constructed by the Eastside Canal Company to serve
consumers between the City limits and Weedpatch. The two miles
of the canal within the City are a source of irritation and com-
plaint, with particular reference to that section bordering the
business section of East Bakersfield. The Canal has become a
depository for rubble and debris by abutting owners and passing
motorists.
There have been repeated complaints made regarding the
condition and appearance of the canal between Union Avenue on the
west and the east City limits near Williams Street, also it was
requested that the canal be covered. Because of the numerous
complaints of unsightliness and nuisance, the three-way agreement
for maintaining the canal has been upgraded to include:
1. Fence maintenance has been replaced with 8 foot
steel post and galvanized chain link fabric.
2. Weed removal as required.
3. Posting of metal signs warning that dumping
into canal is prohibited and that violators
may be subject to fine and/or imprisonment.
4. Canal is cleared and cleaned of trash and
debris twice yearly; once after it is emptied
in August and again before it is filled in
February or March.
Mr. Jing reported that the canal complaints can be
handled generally in two ways. 1 - Eliminate the nuisance by
covering the canal, which project cost is estimated to be
$1,548,750.00, or construct box culvert sections between those
existing in the street intersections and construct the necessary
street improvements which would incur an expenditure of $1,239,000.00.
A construction project of this size could only be effected through
an improvement district in which the frontage cost could be
apportioned to other district benefitees and be paid for over a
ten year period.
2. Minimize complaints of nuisance through canal improve-
ments and higher standard of maintenance. Construct concrete
lining and install new chain link fencing. It is estimated to
concrete line canal, install fencing and improve Lake Street would
cost $415,000.00. The assessment for this improvement would be
Bakersfield, California, December 16, 1968 - Page 12 393
$35.00 per frontage foot or $1,750.00 for a 60-foot lot. The bene-
fit return cannot justify this amount of expenditure.
In reviewing the three-way agreement with the Canal Company
regarding what concerted effort should be made by each agency to the
reduction of complaints, the following plan is offered:
1. Complete the replacement of the existing fence
during the 1970-71 fiscal year; 1600 lineal
feet of 8 foot galvanized chain link fence will
be installed this year.
2. Strict enforcement of Chapter 8.52 of the Muni-
cipal Code. Under this section of code, violation
of a "No Dumping" regulation subjects the violator
to fine and/or imprisonment.
3. More frequent clearing and cleaning the canal of
trash and debris, and upon notice of legitimate
complaint.
4. Chemical and mechanical removing o~ weeds when
required.
The new fencing which is 8 feet in height has been completed
between Union Avenue and Beale Avenue. The additional three feet of
height has discouraged dumping. A recent examination of the canal
indicates the new fencing with the "No Dumping" metal signs has
improved the canal appearance and limited the activities of subver-
sionaries.
Vice-Mayor Stiern read an investigation report made by
Wayne F. Chapman, Supervising Sanitarian of the Kern County Health
Department, of an inspection of the canal made on November 7, 1968.
No odor was present at the time of inspection. Few flies were noted
but no mosquitoes or larva were noted at this time. He contacted
the Kern County Land Company was was informed they clean the canal
at least 18 times a year or oftener. Most of the debris removed is;
tossed over the fence by persons unknown. The canal can be called
unsightly but at this time there appears to be an earnest effort to
properly maintain it. He does not feel that the canal is a health
hazard at this time.
Councilman Heisey stated that he was glad to hear the Health
Department's report that the canal was not a health hazard to the
people in that area. He complimented Mr. Jing on his report and
stated that it was shocking to find out what the cost would be to
cover the canal. He stated he liked the recommendations which were
made and that the canal is being kept in a clean and fairly sanitary
394
Bakersfield, California, December 16, 1968 - Page 13
condition. He then moved that the report be received and placed
on file, and the four recommendations contained therein be adopted.
The City Clerk was instructed to mail a copy of the report to Mr.
E. J. Starcher~ Mr. Ben Stinson of the East Bakersfield Merchants
Association and the East Bakersfield Progressive Club.
Mr. E. J. Starchef of 1101 Beale Avenue, addressed the
Council, stating that Mr. Bergen had given him a copy o£ Mr. Jing's
report. Mr. Starchef still feels that the canal is a health
hazard and stated that the people in the neighborhood are not
satisfied with the efforts o~ the Kern County Land Company to
maintain the canal.
Councilman Heisey stated that the recommendations are a
workable solution. He, too, would like to have the canal covered,
but he does not believe the adjacent property owners would support
a public improvement district to accomplish this at the prices
quoted by Mr. Jing in his report.
Vice-Mayor Stiern suggested that Mr. Starcher and the
other property owners study the report and come back and discuss
it with the Council at a later date.
Vote was then taken on Councilman Heisey's motion, which
carried unanimously.
City Manager Bergen commented that if Mr. Starchef has
any meetings with any property owner groups and he has any questions
regarding the figures contained in Mr. Jing's report, all he needs
to do is call the Department of Public Works and they will be
happy to meet with him either in the area or in the City Hall, so
that there will be no misunderstanding about these figures. The
County Health Department does not work under the City Council~ and
even though the City can call the Health Department and register
complaints, it cannot tell the Health Department where a health
problem exists.
Vice-Mayor Stiern stated he is qualified to take except-
ion to some of Mr. Starchef's remarks, because he has a business
adjacent to the canal in the area that has been improved. Mr.
Bakersfield, California, December 16,1968 - Page 14 395
Starchef has painted a very bleak picture of the canal, and he does
not agree that the canal has not been improved considerably. The
new fence is certainly an improvement, the Kern County Land Company
does clean out the canal and maintains weed eradication along the
canal, therefore, he believes that over-emphasis has been placed on
the unsightliness of the canal.
Hearings.
Vice-Mayor Stiern requested Council approval to change the
order of the agenda as there were a large number of people in the
audience who were present for the hearing on the proposed annexation
of Union No. 3. This is the time set for public hearing when any
person owning real property within territory designated as Union
No. 3, proposed to be annexed to the City of Bakersfield, and having
any objection to the proposed annexation, may appear before the
Council and show cause why such territory should not be so annexed.
This hearing has been duly advertised and 289 written protests ha'~e
been filed in the City Clerk's office.
Mr. Clayton, Assistant City Attorney, explained the purpose
of the hearing is to determine whether the owners of one-half of -the
value of the territory proposed to be annexed have protested or not,
which means value of the land, exclusive of improvements thereon.
If the Council tonight finds that the protests filed up to the time
of the hearing represent less than one-half of the value of the
property, then the hearing must be recessed until at least ten days
from tonight, at which time the recessed hearing will be held for
considering these protests, plus any supplemental protests that may
be filed within the ten day period following this hearing.
City Manager Bergen stated they would ew~luate the written
protests and make a report later in the evening.
Mr. Leonard McKaig, spokesman for many of the protesting
property owners, read his prepared statement in opposition to the
annexation, stating that they do not believe that annexation would
396
Bakersfield, California, December 16, 1968 - Page 15
contribute significantly to the solution of the City's deep-seated
problems, it would be useless, wasteful and unwise. The area is
satisfied with the police and fire protection, the street lights
and sewers and other services furnished by the county, and can
see no advantage in annexing to the City. He asked for a 30 day
delay to permit residents to obtain more written protests to the
annexation.
Others who expressed opposition to the annexation were
Mack Willie Green, Thomas Cotton, Barbara Zabalita~ John L. Bowers,
Earl L. (Chesty) Chesmore and Byron Blackmore.
Mr. Donald Hopkins, chairman of the Chamber of Commerce's
annexation advisory committee, stated that any request for a 30
day extension of time to obtain more signatures on protests to
the annexation should be denied,
for months regarding the pending
annexation were Mr. Durst, Elihu
as this area has been noticed
annexation. Supporters of the
Brown a representative of the
Union Baptist Church, Mrs. Beatrice Stewart and Mr. McMillan.
Councilman Hosking moved to close the public portion of
the hearing. The motion failed to carry by the following roll
call vote:
Ayes: Councilmen Hosking, Rees, Stiern
Noes: Councilmen Heisey, Rucker, Vetter, Whittemore
Absent: None
Mrs. Rena Hunter, who stated she works in the Annexation
Department of the Greater Bakersfield Chamber of Commerce, said
that everyone is aware that the City has a contract with the
Chamber regarding annexation to the City.
She has been working for the annexation of Union No. 3
to the City and stressed the advantages and services that the City
has to offer, stating that the residents of the area should be
permitted to make up their own minds regarding annexation to the
City and not be harrassed by the opponents of the annexation
making false statements and circulating rumors that the City makes
promises that it cannot keep.
397
Bakersfield, California, December 16, 1968 - Page 16
Councilman Heisey moved that the public portion of the
hearing be closed. There was some discussion as to whether this
motion was in order. Vice-Mayor Stiern then declared that the
Council has heard a representative discussion from the public and
that the Council is ready to hear whether or not a majority protest
has been filed.
Mr. Bergen stated that it was most important that the
public be aware that this annexation was actually started by
property owners in that particular area at the time they petitioned
an expansion of the Union Avenue Sanitation District a year and a
half ago in order to provide additional services to the Union Avenue
Sanitation District. That application was made to the Local Agency
Formation Commission and on May 18, 1967, the staff recommended
denial o~ the proposed annexation to the Union Sanitation District
on the basis that the area is within the Bakersfield Urban Area,
is contiguous to the City of Bakersfield,~boundaries are within a
mile and a half of the existing City Sewage Treatment Plant and
the area by its proximity to the existing City limits will soon
require additional urban services that the proposed district will
be unable to provide~ thereby necessitating a future need to over--
lay other special districts on top of the proposed district. In
view of the above, the staff recommended that primary consideration
be given to annexing this area to
recommendation of LAFCO~ the City
to entertain an annexation. That
the City of Bakersfield. Upon
indicated that it would be willing
is how the annexation started.
Mr. Bergen stated that an evaluation had been made of the
protests and there are substantially less that 50% protests. There-
fore, it would be in order for the Council to find that there are
insufficient protests and continue the hearing until January 6, 1969.
Councilman Rees made a motion that the protests filed at
this hearing represent less than one-half of the value of the real
property in the territory proposed to be annexed, the Council finds
these protests are insufficient to terminate the proceedings, and
the hearing is recessed until January 6, 1969 for filing of supple-
mental protests. Vote was taken on the motion which carried
unanimously.
39S
Bakersfield, Cali£ornia, December 16, 1968 - Page 17
Reports (Continued.)
Councilman Whittemore, chairman of
Ef£iciency and Personnel Committee,
auditors' report from Speer, Chavez,
had been referred to this Committee.
the Governmental
reported on the independent
Ruggenberg and Wright, which
The Committee discussed at
length the auditors' recommendations as outlined in their letter
submitted to the entire Council, and the Committee will be meeting
in the near £uture to evaluate recommendations relating to the
implementation of an external auditing program to review business
establishments reports on business licenses and hotel-motel room
taxes. As soon as the recommendations have been evaluated, the
Committee will report back to the entire Council for its considera-
tion.
The Committee would like to report that the City's
internal auditing program has resulted in lower fees for indepen-
dent auditing services. The outside auditors have also stated
that the City has made substantial gains in improving the accounting
controls over assets, revenues and expenditures by the more exten-
sive use of electronic data processing equipment and by further
centralization of accounting records. The Committee commended the
administrative staff as well as the independent outside auditing
staff for its thorough and competent work.
Upon a motion by Councilman Rees, the report was received
and adopted.
Councilman Whittemore, chairman of the Governmental
Efficiency and Personnel Committee, reported on a meeting held to
review the positions of Assistant Finance Director and Programmer-
Console Operator which were authorized for the Finance Department
ef£ective January l, 1969.
The position of Assistant Finance Director was established
at Range 50 ($965 - $1176 per month), however, prior to recruitment
for this position, it is found that the salary is not competitive
enough to attract the caliber of individual needed to fill the
position. It is requested that during recruitment the salary
range be left open with the provision that depending upon quali-
fications the salary range could be increased. The Committee will
meet with the administrative staff to consider their recommendations
Bakersfield, California, December 16, 1968 - Page 18 399
relative to the salary range for the position. At that time the
Committee will report back to the Council with its evaluation and
recommendation.
The position of Programmer-Console Operator was established
in view of the acquisition of the new computer and the abolition of
the tabulating equipment operator position. In view of the keen
competition for this type of individual, it has been requested that
the salary range be upgraded to Range 34 ($650 - $792) per month.
The Committee evaluated a request from the administrati~e
staff for an increase of 2½ percent for the Police Chief and Auditor-
ium-Recreation Manager. During last year's salary consideration, the
recommendation made for the Police Chief was in line with the County
Sheriff; however, the Board of Supervisors made an additional recom-
mendation raising the Sheriff's position an additional 2½ percent
higher than what had been established for the Police. The Commitl;ee
feels the two positions are comparable. The Committee would like to
point out that one of the factors for salary considerations is the
inter-relationships of City positions. In view of this, the Auditor-
Recreation Manager's salary should be adjusted accordingly, and tile
Committee would recommend that the Police Chief and Auditorium-
Recreation Manager's salary ranges be increased to Range 66.
Upon a motion by Councilman Rees, the report was received,
the recommendations contained therein adopted, and the City Attorney
was instructed to prepare the proper ordinance amending the present
salary and compensation ordinance for adoption at next weeks meetlng.
Vice-Mayor Stiern commented that he would like to remind
the Council, especially in view of the galloping salary considerations
of the County, that during budget sessions last year the Council went
on record that it would request the Board of Supervisors to notify'
the Council of the salary increases they intend to grant early in
their budget considerations, perhaps along in February or March.
Particularly in view of the fact that they went two and three times
the cost of living in their salary increases last year, which put
the City in a competitive situation. It would be appropriate for
400
Bakersfield, California, December 16, 1968 - Page 19
the City Manager or the Governmental Efficiency Committee, to
address a letter to the Board of Supervisors and Mr. McNamee now.
Because then the Council will not get caught in the bind they
were last June when the Board granted up to 11% salary increases.
City Manager Bergen stated they would be asking the Governmental
Efficiency Committee to have a meeting within the next week or so
to discuss the recommendations regarding Firemen and at that time
they will have a draft of a letter for the consideration o£ the
Committee to be sent over to the County.
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers Nos. 2076 to
2166 inclusive, in amount of $119,426.22, were allowed and authori-
zation was granted for payment of same.
Adoption of Ordinance No. 1764 New Series
of the Council of the City of Bakersfield
amending Section 3.22.020 (d) of the Muni-
cipal Code to extend the eligibility of
employees to participate in the Group
Insurance Program.
Upon a motion by Councilman Heisey, Ordinance No. 1764
New Series of the Council of the City of Bakersfield amending
Section 3.22.020 (d) of the Municipal Code to extend the eligi-
bility of employees to participate in the Group Insurance Program,
was adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Rucker, low bid of Three-Way
Chevrolet Company for fifteen Class III Police Special Automobiles
was accepted, and all other bids were rejected.
Upon a motion by Councilman Vetter, seconded by Council-
man Stiern, low bid of Dicco, Inc. for the construction of Califor-
nia Avenue from Stockdale Highway to Real Road was accepted, all
other bids were rejected, and the Mayor was authorized to execute
the contract.
!
Bakersfield, California, December 16, ].968 - Page 20
Adoption of Resolution No. 113-68 of the
Council of the City of Bakersfield deleting
one Council Meeting in December, 1968.
Upon a motion by Councilman Vetter, Resolution No. 113-68
of the Council of the City of Bakersfield deleting Council meeting
of December 30, 1968, was adopted by the following vote:
Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Ayes:
Noes: None
Absent: None
Acceptance of resignation of Mrs. Marie H.
Fambrough as Member of the Civic Auditorium
Advisory Committee.
Upon a motion by Councilman Rucker, seconded by Council:man
Heisey, resignation of Mrs. Marie H. Fambrough as Member of the Civic
Auditorium Advisory Committee was accepted with regret, and a letter
of commendation was ordered sent to Mrs. Fambrough for her excellent
service on this Committee.
Approval of Change Order No. 1 with W. M.
Lyles Company for construction of Sanitary
Sewer to service Pierce Annexation No. 1
area.
After discussion, upon a motion by Councilman Hosking,
Change Order No. I with W.M. Lyles Company for construction of
sanitary sewer to serve Pierce No. i annexation area was approved,
and the Mayor was authorized to execute same.
Approval of Plans and Specifications for
installation of Automatic Sprinkler System
for Lowell Park.
Upon a motion by Councilman Stiern, plans and specifications
for the installation of Automatic Sprinkler System for Lowell Park
were approved and the Finance Director was authorized to advertise
for bids for this project.
Adj ournine nt.
There being no further business to come before the Council,
upon a motion by Councilman Vetter, the meeting was adjourned at
the City of B~kersfield, Calif.
ATTEST:
CIT~LER~~x~fficio~erk ~f the Council
of the City of Bakersfield, California
Bakersfield, California, December 23, 1968 - Page 1
Minutes of the regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of the
City Hall at eight o'clock P.M. December 23, 1968.
The meeting was called to order by Mayor Karlen, 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 Karlen. Councilmen Heisey, Hosking, Rees, Rucker,
Stiern, Vetter, Whittemore
Absent: None
Minutes of the regular meeting of December 16, 1968 were
approved as corrected.
Council Statements.
Councilman Stiern commented that many times he has heard
the Mayor give credit to City employees for their term of service,
and in some small way, he would like to give credit to Mayor Karlen
for four years of very devoted service to the City. His efforts as
Mayor, as a member of the Board of LAFCO, and as an officer of the
South San Joaquin Division of the League of California Cities, have
been a credit to the City, and speaking as one citizen of the City
of Bakersfield, he would like to have Mayor Karlen know that he
appreciates very much the fine job he has done as Mayor, it has
been a pleasure to serve with him, and he hopes that after the first
of the year, he will remember the service he has given to the City
and stand by to give any needed advice as only he can give it. It
calls for a "Well Bone." All members of the Council echoed Council-
man Stiern's sentiments and conveyed their thanks to Mayor Karlen
for the untiring effort he has put forth for the City during the
past four years.
Councilman Heisey asked Director of Planning Sceales what
was the status of Councilman Hosking's inquiry of a few weeks ago
regarding street signs and house numbering in the City, which had
been referred to the Planning Commission for study and recommendation
back to the Council. Mr. Sceales stated the staff has made a
Bakersfield, California, December 23, 1968 - Page 2
preliminary study and at its last meeting the Commission appointed
a three-man committee which will be meeting with the staff, after
which a report will be made to the Council. Councilman Stiern
commented that he hoped this will include replacement of some of
the obsolete street signs which can't be read or seen. Councilman
Heisey stated he hoped it would include increasing the size of
these signs so that they can be seen with ease.
City Manager Bergen stated the staff would make a note
of it and evaluate it in view of the
if that is the desire of the Council,
for the Council at a later date.
Councilman Rees stated the residents
were very happy to see the construction of the
Capital Improvement Budget,
and will have some figures
of College Heights
street dividers
completed,
plated.
budget,
one of
but asked when the planting and landscaping is contem-
Mr. Jing stated the paving is a part of this year's
but the balance will be budgeted in the future, although
the developers is planning on putting in some trees in
order to improve the appearance of his area.
Reports.
Councilman Whittemore, chairman of the Governmental
Efficiency and Personnel Committee, read a report advising that
the Council had adopted an ordinance allowing City employees in
the Miscellaneous Departments to receive full salary up to a
period of one year for on-the-job injuries, in order to provide
the Miscellaneous employees equal treatment with Police and Fire
Department personnel. The provisions of the City's amendment
allowed all employees to receive full salary less the amount
paid by the State Compensation Insurance Fund for a period of
time not to exceed twelve months. The Committee 'is recommending
that the language of the City's ordinance be amended so that it
is explicit that City payment terminates when the employee is
retired or assigned permanent disability, the same as the State
law on public safety employees. Upon a motion by Councilman
Hosking the report was adopted and the City Attorney was instructed
to draft an amendment to Section 3.22.030, Workmen's Compensation:,
to cover this matter.
Bakersfield, California, December 23, 1968 - Page 3
3
Councilman Whittemore, chairman of the Governmental
Efficiency and Personnel Committee, read a report of the Committee
calling attention to the fact that at last week's meeting, the
suggestion was made that the City Council propose to the Board of
Supervisors that both the County and the City get together to dis-
cuss salary levels for governmental employees prior to budget hearings.
The Committee felt it appropriate that it direct a letter expressing
the Council's concern to the Board, and Councilman Whittemore read
the letter which had been prepared for the Council's concurrence
and adoption before forwarding it to the Board of Supervisors.
Upon a motion by Councilman Stiern, the report was received and
adopted, and the letter as prepared by the Committee was ordered
sent to the Board of Supervisors.
City Manager Bergen read a report on the subject of a
review of County-City Fire Department Salary Levels, stating that
during the budget sessions conducted last June, the staff was
directed to re-examine the existing pay schedules for the Bakersfield
Fire Department in comparison with the County of Kern's and to make
a report back to the Council prior to the first of the year. The
comparison was made of existing salary schedules and benefits of
both departments, and a chart was attached to the report for the
Council's information. Based on these figures in comparison for
salary level and hours worked, the staff is unable to recommend
any change in present salary levels. Furthermore, the Council's
normal policy regarding one department's salary levels would affect
the interrelationship with other departments. Certain proposed
modifications to the Personnel and Compensation Ordinance were sub-
mitted in the report and it was suggested that these recommendatiens
be referred to the Governmental Efficiency and Personnel Committee
for study and recommendation. It is the staff's intent to discuss
these proposals with the Fire Department personnel and the Employees'
Association prior to meeting with the Governmental Efficiency and
Personnel Committee. Final Council action on these proposed modi-
fications must await ratification of the charter amendments by the
State Legislature in January.
Bakersfield, California, I~ecember 23, 1968 - Page 4
Upon a motion by Councilman Whittemore, the report was
received and referred to the Governmental Efficiency and Personnel
Committee for study and report back to the Council.
City Manager Bergen read his report on the proposed
acquisition of Municipal Farm in the southwest area. Me stated
that in view of the interest shown and in order to avoid any mis-
understanding that the City wasn't notifying people when this
subject was to be discussed, he instructed the City Clerk to call
the Lakeside Union Elementary School District and the Panama Union
School District, who had filed protests and objections to this
location, to inform them that this matter would be presented to
the Council this evening. Mr. Bergen also called one of the
gentlemen he had a meeting with last week and indicated that he
was going to make a report to the Council tonight.
He stated that, as outlined to the City Council at the
public meeting of December 16, 1968, the moving of the proposed
southwest sewage treatment plant and municipal farm from Section
33 is physically possible but economically impractical. Among
the factors originally evaluated were topography and available
undeveloped land. Section 33 met these conditions with the lowest
appraisal value. A report was submitted to the Electorate. This
plan and Bond Issue delineated Section 33 as the specific site for
construction of the sewage treatment plant and development of the
municipal farm. The location has been approved by the City
Planning Commission (who held several meetings before final approval),
the City Council, the voters of the City o£ Bakersfield, and the
Kern County Regional Planning Advisory Commission.
In addition, the City of Bakersfield has entered into
agreement to provide sewer service to California State College at
Bakersfield, and the State College, as well as the Kern County
Land Company, has also concurred with the location in Section 33.
Considerable facilities have been constructed and Broad-
view Sanitation Company was purchased on the presumption that
Section 33 would be the site.
Bakersfield, California, December 23, 1968 - Page 5
The staff has received an additional appraisal for the
entire Section 33. The appraisal is significantly lower than the
two present appraisals. In reviewing these appraisals with the
appraisers, the staff finds that a major difference can be attri-
buted to the value assigned to the Taft Highway frontage. In Mr.
Bergen's opinion, these differences could not be reconciled short
of litigation.
There.has been considerable opposition from adjacent
residents in the proximity of Taft Highway and its intersections
with Gosford and Ashe Roads, and in view of that conflict, together
with the higher value set on Taft Highway frontage, it is recommended
that the frontage of Taft Highway be deleted from the acquisition to
a depth of 660 feet. This change is within limitations established
prior to this date and will decrease the farm site by 75.6 acres,
leaving a net acreage of 549.9 acres. This exceeds the acreage of
one of the sites originally evaluated and will be satisfactory. It
is recommended that the actual treatment plant facilities be located
west of Ashe Road to avoid conflict with present homes located on
the east side of Ashe Road. The assessed value of this land is
$80 per acre, resulting in a total assessed value of $43,992 for
the proposed site, or a market value of $175,968. It is the staff's
opinion that Section 33 is the proper site and cannot from a practical
be changed.
and economical standpoint,
the following
1.
recommendations:
Authorize the purchase of
Accordingly, they would make
all of Section 33,
except south 1/Sth, a total net acreage of
549.9 acres.
The treatment plant be constructed 600 feet
west of Ashe Road and 400 feet south of
McCutcheon Road.
When the facilities are constructed, suitable
landscaping be provided.
Council authorize payment of $176,000 for
the site, based on assessed valuation.
It should be pointed out to the Council 'that property
is rarely acquired for market value based on assessment records
and the final cost will very likely be greater. If the offer,
based on assessed valuation, is not accepted by the Kern County
Bakersfield, California, December 23, 1968 - Page 6
Land Company, the City Attorney should be directed to obtain two
new appraisals on the revised site and proceed to acquire the
site by negotiations or eminent domain. If the property is
acquired by negotiations, the Council will be required to approve
the final price and if eminent domain is used, the price will be
set at a trial.
The Council entered into a discussion regarding the
report and the recommendations contained therein. Councilman
Heisey stated he felt Mr. Bergen had submitted a very fine report
and he particularly likes the recommendations he has made which
answer a number of objections. Deleting the south 1/8 of the
section automatically drops the price almost in half by taking
off the high-priced property which fronts oneTaft Highway. By
moving She treatment plant approximately 600 feet further west,
it will eliminate the.complaints of the property owners to the
east. Offering the price of $176,000 for the property is perhaps
not a realistic figure, but it is a beginning, and it might well
be that the City will acquire it for that amount. Councilman
Heisey then moved adoption of the report.
Councilman Vetter stated he does not think the changes
will alleviate the objections of the farmers in that area. The
thing that concerns him is that these people have not had an
opportunity to express their protests and were not given any con-
sideration at the time hearings were held to acquire this site.
He still feels strongly that it is in the wrong location.
Mr. Bergen pointed out that at the Kern Regional Planning
Advisory Commission hearing, he was specifically reqMested to talk
to the Panama Union School District regarding this, an additional
hearing was held, and no one appeared to protest. He stated that
any place the plant is located would result in someone protesting
against it.
This is the only site that is undeveloped, that is
acceptable from the standpoint of topography. When hearings were
held, no one appeared, and it was unanimously decided that this
site was the best site. Had there been a lot of discussion, per-
haps one of the other sites being considered would have been
selected,they were not as good from an engineering standpoint as
this site, but that discussion had to take place five years ago.
Bakersfield, California,
December 23, 1968 - Page ?
Councilman Stiern stated he went out there today and
looked at the proposed site and the area around it. He also went
out to the plant north of the river, which is probably the newest
disposal plant in the area, about ten years old. It represents a
plant that is relatively modern, something of the degree and sophis-
tication the City is contemplating. He would challenge anyone to
go out there and say that the odor or physical facility is object-
ionable. The total odor emanating from the plant is less than
that coming from an improperly operated septic tank. People are
invited to inspect the plant, and complaints are very uncommon.
This plant contemplated by the City would be a more modern facility
and more closely fulfill the requirements as far as odor is concerned.
The stipulations in the report are a promise as to where the plant
will be located on the site and that suitable landscaping will be
installed to make it attractive. He stated he, personally, would
object more to the odor from the feedlot operation in that area
than he would to any odor that would emanate from the proposed
sewage treatment plant. He is not afraid to anticipate that the
odor from the plant will be negligible.
Councilman Whirremote stated he represents the Council on
the Regional Planning Advisory Commission and he knows that when the
meeting was held some time in May, it was held over at the request
of three gentlemen who farmed in that area, and Mr. Bergen was
instructed to go and talk to these people. There was no attempt
to keep the matter a secret. This is a problem that any inland
city has, the sophistication Of the plant makes it less offensive,
it is a necessary thing and must be placed somewhere.
Mr. Jing commented that the location of the site and
approval of construction is by the Regional Water Control Board
and there were two conditions imposed 1. That they do not pollute
the ground water streams or recreational water - 2. That they do not
create unsightli.ness or an odor problem. Those conditions are very
definite and very specific.
Bakersfield, California, December 23, 1968 - Page 8
Interested persons in the audience were permitted to
speak at this time. Mr. Bill Destafani, who stated he is a pro-
perty owner adjacent to the proposed site, asked that the land-
owners have a little more time to study the matter and have an
engineer look at the site with the idea of placing it further
west, and questioned the price quoted o£ $250,000.00 to move the
plant a mile to the west. Mr. Milton Miller discussed the assessed
value o£ this property on the tax rolls and the amount b~ing
o££ered by the City for the purchase of the site from the Kern
County Land Company and recommended that the Council buy the whole
section and retain the acreage along the Taft Highway to be dis-
posed of at a profit for the taxpayers.
City Manager Bergen stated that the Council has always
made it very clear that the City does not speculate in property.
This has been his feeling, also. He is very doubtful that the
Kern County Land Company will sell this property at the price
offered in the report, in fact they would perhaps prefer to sell
the entire section. However, it is the staff's feeling that if
they don't need it, it will eliminate the objections from the
adjacent property owners, and the City should not speculate with
the additional acreage along the Taft Highway.
Councilman Hosking commented that all people in the
legal profession who know anything at all about eminent domain
know that no jury in the world is going to award Tenneco only the
appraised value for that property. They will have experts present
saying that the appraised value is too low, that the basis of value
is the basis of similar sales in the general area. The City will
get penalized by the jury
be comparing it with some
in the area.
if they go that route, because they will
of the thousand dollar an acre farm land
Mr. Stan Antongiovanni asked if Section 33 was specifically
stated on the ballot when the site was voted on. Mr. Bergen stated
the plan specifically delineated it and it has a bearing on the
site because of the cost element. Mr. Antongiovanni stated he
didn't feel that one section was enough to handle the water for
farming operations.
Bakersfield, California, December 23, 1968 - Page 9
Mr. Bergen commented that he had pointed out last week
that the one section will be sufficient land on a farming operation
to last for a population of about 25,000 people. When the ultimate
area fills in and they are talking about 100,000 people, then it
will be necessary to either contract with the adjacent farmers or
expand the property. He stated it was the Council's obligation to
construct treatment plants for the community, although it isn't
always their desire to do so.
Mr. Verlon Hughes from the Lakeside Union Elementary School
District, and Mrs. Isabel Banducci, an adjacent property owner, ex-
pressed their objections to the plant location.
Mr. Antongiovanni asked how the City arrived at the figure
of 500 acres to take care of the water. Mr. Bergen stated they have
a rough estimate of the flow from each home, they make projections
of the population, they know what the average flow is. That section
will handle between 20,000 and 35,000 people, the sewage treatment
area was designed to handle a total population of in excess of
lO0,000, the sewage treatment plant would be designed to handle
100,000 people, not the farm. If this need would come up within
the next ten or twenty years, the City would enter into an agreement
whereby they would sell the water and effluent from that sewage
treatment plant to the adjacent ~arms. The City has already had
requests from farmers in the area and the plant hasn't even been
built.
After additional discussion, vote was taken on Councilman
Heisey's earlier motion to adopt the report as submitted, which
carried. Councilman Vetter voted in the negative on this motion.
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers Nos. 2167 to
2392, inclusive, in amount of $67,113.41, as authorized by the
Voucher Approval Committee, were allowed, and authorization was
granted for payment of same. Authorization was also granted for
the transfer of $1,600.00 from Account No. 11-510-6100 to Account
No. 11-670-7700 to provide funds for the replacement of one 15 HP
Pump at the Broadview Pump Station 32.
1'0
Bakersfield, California, December 23, 1968 - Page 10
Adoption of Ordinance No. 1765 New Series
of the Council of the City of Bakersfield
amending Section 3.18.060 of the Municipal
Code.
Upon a motion by Councilman Hosking, Ordinance No. 1765
New Series of the Council of the City of Bakersfield amending
Section 3.18.060 of the Municipal Code was adopted by the following
vote:
Ayes: Councilmen Reisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Adoption of Resolution No. 114-68 of the
Council of the City of Bakersfield authori-
zing the Mayor of the City of Bakersfield
to sign the release of claims against all
defersdents in the Western Pipe Cases.
Upon
of the Council
of the City of
all defendants
vote:
a motion by Councilman Rees, Resolution No. 114-68
of the City of Bakersfield authorizing the Mayor
Bakersfield to sign the release of claims against
in Western Pipe Cases was adopted by the following
Ayes:
Councilman Reisey, Rosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Approval of Plans and Specifications for
the modification of Traffic Signals at
the intersection of 34th Street with Union
Avenue.
Upon a motion by Councilman Reisey, plans and specifi-
cations for the modification of Traffic Signals at the intersection
of 34th Street with Union Avenue were approved.
Adjournment.
There being no further business to come before the
Council upon a motion by Councilman Rucke/r, the meeting was
adjourned at 10:00 P.M. ~ ~/'~ it, ~
MAYOR of ~he City of Bakersfield, Ca~l~
ATTEST:
CITY~CLERK and ExZO~cficio~lerk of the Council
of the City of Bakersfield, California