HomeMy WebLinkAboutJULY - SEPT 1968156
Bakersfield, California, July 1, 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. July 1, 1968.
In the absence of Mayor Karlen, Vice-Mayor Richard Stiern
acted as presiding officer and called the meeting to order.
Following the Pledge of Allegiance, Invocation was given by the
Reverend H. W. Hause of the Oildale Church of God.
The City Clerk called the roll as follows:
Present: Councilmen Heisey, Hosking, Rees, Rucker, 8tiern,
Vetter, Whittemore
Absent: Mayor Karlen
Minutes of the regular meeting of June 17, 1968 and
budget hearings meetings of June 18, 19 and 20, 1968 were approved
as presented.
Adoption of Resolution In Memoriam to
Charles Preston Linnell, Bakersfield
City Fire Chief.
Upon a motion by Councilman Rees, seconded by Councilman
Heisey, the following Resolution in Memoriam to Charles Preston
Linnell, Bakersfield City Fire Chief, was adopted.
The Bakersfield City Council notes with deep sorrow the
untimely death of Charles Preston Linnell, Bakersfield City Fire
Chief, who was a native son of the State of California.
A leader in civic life of our community, Charles "Chuck"
Linnell was employed by the City of Bakersfield as a firefighter,
June 1, 1939, receiving successive promotions until he was appointed
Chief of the Fire Department on September 1, 1959.
During World War II, Charles P. Linnell was on leave front
the City while serving in the United States Navy from 1944 to
1946.
He was a member of the International Association of Fire
Chiefs, California Fire Chiefs' Association, American Legion,
Rotary Club and the National Footprinters Association, and took
an active interest in their many worthwhile activities.
Charles "Chuck" Linnell was widely known, respected and
admired by many in this community.
Bakersfield, California, July 1, 1968 - Page 2
In view of the outstanding contributions made by Charles
P. Linnell to the City of Bakersfield and desirous that th~ grievous
loss to allof the citizens of the City be expressed formally to his
sorrowing family,
BE IT RESOLVED, that we, the City Council of the City of
Bakersfield, do hereby note in the official minutes of the City of
Bakersfield the sincere condolence of the City Council and the
citizens of Bakersfield to the family of the late Charles P. Linne][1,
AND BE IT FURTHER RESOLVED, that a copy of this Memorial
Resolution be tendered to the family as a humble expression of the
Council's heartfelt sympathy in its bereavement.
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof, held on the lst day of July, 1968, by the following
vote:
Ayes:
Noes:
Absent:
Councilmen Heisey, Hosking, Rees, Rucker,
Whittemore
None
None
Stiern, Vetter,
APPROVED this 1st
/S/ MARIAN S. IRVIN
CITY CLERK and Ex-Officio Clerk of the
Council of the City of Bakersfield
day of July, 1968
/S/ RICHARD A. STIERN
VICE-MAYOR of the City of Bakersfield
Vice-Mayor Stiern asked everyone present to stand and
observe a moment of silence in memory of the late Chief of the Fire
Department Charles P. Linnell.
Council Statements.
Councilman Heisey stated he wanted to commend the Board
of Supervisors for its recent action in supporting the City's
position in regards to AB 684 which covers the changes in the
distribution of Cigarette Tax revenues. The City has opposed this
Bill and the Board of Supervisors did likewise and wrote a very fine
letter of protest to Senator George Miller Pointing out the fact
Bakersfield, California, July 1, 1968 - Page 3
that the City of Bakersfield will lose $131,000 if this Bill is
passed.
The Board of Supervisors has also taken action toward
the potential discontinuance of burning at the ceunty dump and
the assumption of a sanitary landfill operation. tle stated their
cooperation is certainly to be commended on this score and he
knows the public is greatly pleased by it, he has heard nothing
but very fine comments on it.
During the past week, the Governor signed a Bill which
a great many people have worked on for six or eight months, and
he thinks a Resolution of Appreciation would be in order addressed
to Assemblymen Stacey and Ketchum and to State Senator Walter
Stiern, all of whom cooperated in getting AB 198 passed by both
Houses and signed by the Governor. The City Attorney has made
numerous trips to Sacramento relative to this Bill which provides
for a Pump Tax in the Metropolitan Bakersfield area.. Through the
combined efforts of a number of people this Bill has been passed.
Now the City of Bakersfield and the Kern County Water Agency can
start working on their exchange agreements.
Councilman Reisey, seconded by Councilman Whittemore,
moved adoption of Resolution No. 62-68 of the Council of the City
of Bakersfield expressing the appreciation of the efforts of
Assemblyman Kent Stacey, Assemblyman William Ketchum and Senator
Walter Stiern in securing passage of Assembly Bill 198, which was
adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmen Heisey, Hosking,
Whittemore
Rees, Rucker, Stiern, Vetter,
None
None
Councilman Heise¥ stated he has talked to Mayor-elect
Don Hart in regard to the naming of the four year college for
Bakersfield and he had a letter in his possession in which it was
suggested that the name of the College be "California State
College - Kern County." Mr. Hart asked that the Council send a
15 9
Bakersfield, California, July 1, 1968 - Page 4
letter to Mr. Ted Merriam, chairman of the Trustees of California
State College, 5670 Wilshire Blvd., Los Angeles, 90036, and request
that the name of the college be "California State College - Bakers-
field." After discussion, Councilman Hosking suggested that this
be handled by a Resolution, and upon a motion by Councilman Heisey,
Resolution No. 63-68 of the Council of the City of Bakersfield
urging the Board of Trustees of the California State Colleges to
name the new State College located at Bakersfield "California State
College
Ayes:
Noes:
Absent:
- Bakersfield", was adopted by the following vote:
Councilmen Heisey, Hosking, Rees, Rucker, Stiern,
Whittemore
None
4935, inclusive,
Approval Committee,
payment of same.
Vetter,
None
Allowance of Claims. ~
Upon a motion by Councilman Rees, Vouchers Nos. 4813 to
in amount of $90,642.00, as audited by the Finance
were allowed, and authorization was granted for
Action on Bids.
Upon a motion by Councilman Hosking, lump sum prices bid
by A-C Electric Company for installation of Traffic Signal and Street
Lighting Systems at the intersection of 21st Street with "F" and "L"
Streets were accepted, all other bids were rejected, and the Mayor
was authorized to execute the contract.
Councilman Hosking requested that the Editor of the
Bakersfield Californian be notified of the Council's action, as the
newspaper ran an editorial sometime ago asking that action be taken
to install a signal at this dangerous intersection, and Mr. Hosking
wants them to know that the power of the press is great.
Approval of Plans for paving and
Improving Truxtun Avenue between
"H" and "F" Streets.
After discussion, upon a motion by Councilman Heisey, plans
and specifications for paving and improving Truxtun Avenue between
160
Bakersfield, California, July 1, 1968 - Page 5
"H" and "F" Streets were approved, with. no authorization given by
the Council to advertise for bids to do the work pending a report
from the Director of Public Works as to whether the Greater Sepa-
ration of Grade District
underpass project on the
vote on the proposition.
will place the proposed "F" Street
November Ballot and the results of the
Appointment of Members of the
Group Relations Board.
Inter-
Mrs. Helen Lee Day
Charles Williams
Ed Spencer
Mrs. Frances Sill
David C. Scott
Rudy Galicia
Dr. Homer K. Myles
Councilman Heisey
Councilman Vetter
Councilman Rucker
Councilman Stiern
Councilman Rees
Mayor Karlen
Mayor Karlen
Councilman Hosking and Councilman Whittemore stated
they would make their appointments later, as neither of their
previous appointees desired to serve for another term.
Adoption of Ordinance No. 1740 New. Series
of the City of Bakersfield amending
Chapter 1L. 04 of the Municipal Code of
the City of Bakersfield by adding Section
11.04.762 prohibiting parking on certain
portions of Brundage Lane.
Upon a motion by Councilman Vetter, Ordinance No. 1740
New Series of the Council of the City of Bakersfield amending
Chapter 11.04 of the Municipal Code of the City of Bakersfield by
adding Section 11.04.762 prohibiting parking on certain portions
of Brundage Lane, was adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
the Inter-Group Relations Board, terms to expire July 1, 1969:
At this time the following appointments were made to
Bakersfield, California, July 1, 1968 - Page 6
Adoption of Ordinance No. 1741 New Series
of the Council of the City of Bakersfield
adding Chapter 6.50 of the Municipal Code
of the City of Bakersfield providing for
(1) the procedure by which a District with
and additional tax for a Business License
for a business operating in such a District
may be established; (2) the procedure for
fixing or changing the boundaries of any
such District; (3) the adoption of the
initial tax for business within such Dis-
trict and the establishment of the pro-
cedure by which such rates may be changed;
(4) use of which such additional revenue
raised by this tax may be used; (5) the
procedure of giving of notices and holding
hearings in connection with such District,
its establishment, changes in its boundaries,
and changes in any tax rates derived from
this Chapter.
Upon a motion by Councilman Rucker, Ordinance No. 1741 New
8eries of the Council of the City of Bakersfield adding Chapter 6.50
to the Municipal Code of the City of Bakersfield providing (1) The
procedure by which a District with an additional tax for a Business
License for a business operating in such a District may be estab-
lished; (2) The procedure for fixing or changing the boundaries of
any such District; (3) The adoption o£~ the initial tax for business
within such District, and the establishment of the procedure by
which such rates may be changed; (4) Use of which such additional
revenue raised by this tax may be used; (5) The procedure of giving
of notices and holding hearings in connection with such District,
its establishment, changes in its boundaries, and changes in any
tax rates derived from this Chapter, was adopted by the following
vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Adoption of Resolution No. 58-68 of the
Council of the City of Bakersfield
approving and adopting the Plans, Speci-
fications and District Map in the matter
of Public Improvement District No. 827.
Upon a motion by Councilman Rucker, Resolution No. 58-68
of the City Council of the City of Bakersfield approving and adopting
162
Bakersfield, California, July 1, 1968 - Page 7
the Plans and Specifications and District Map in the matter of
Public Improvement District No. 827 was adopted by the following
vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
Adoption of Resolution of Intention No.
827 declaring Council's intention to
construct curbs, gutters, sidewalks,
driveway approaches and alley returns
in Public Improvement District No. 827
and fixing the time and place of public
hearing thereon.
Upon a motion by Councilman Rees, Resolution of Inten-
tion No. 827 declaring the Council's intention to construct curbs,
gutters, sidewalks, driveway approaches and alley returns in
Public Improvement District No. 827 and fixing August 5, 1968 in
the Council Chambers as the time and place for public hearing
thereon, was adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
First reading of an Ordinance of the
Council of the City of Bakersfield
adding Chapter 10.52 to the Municipal
Code of the City of Bakersfield pro-
hibiting certain taped or recording devices
utilizing Police and Fire Department
Emergency Telephone Systems.
Mr. Charles Howard, of Space Age Alarm Company, requested
to address the Council at this time and demonstrate his electronic
equipment for reporting police or fire emergency calls which
utilize the telephone trunk lines of the Police and Fire Depart-
ments of the City of Bakersfield by calling the Police within
nine seconds. Police Chief Towle had asked the Council to pass
an ordinance which would prohibit the use of this equipment which
would utilize Police and Fire Department Emergency Telephone
Systems. During discussion, Mr. Howard stated that his company
would be willing to install and pay for a private trunk line into
Bakersfield, California, July 1, 1968 - Page 8
the Police Department to handle calls from this electronic device.
Councilman Hosking stated that it seemed to him this
device is a very excellent one that is very much needed, and this
is not a problem that needs to be solved with an ordinance, it could
be solved between the telephone company, the Police Department, and
the Space Age Alarm Company, without prohibiting the use of this
very excellent device. He suggested that this be held over for a
little more study and to ascertain from the telephone company if
there isn't some solution.other than a flat prohibition.
Councilman Heisey stated he believes that the solution
would be for Mr. Howard's company to install one or two additional
trunk lines into the Police Department in order to avoid jamming
the switchboard, and moved that the matter be deferred for further
study until next Council meeting.
After some discussion, City Attorney Hoagland reminded
the Council that this is a first reading of the proposed ordinance,
asd since the Council wants to look into it further, it will be
automatically deferred for two weeks.
Adoption of Resolution No. 59-68 of
the City of Bakersfield opposing
application No. A 50 211 of the
Southern Pacific Railroad Company to
discontinue passenger Trains 51 and
52 operating between San Francisco
and Los Angeles via the San Joaquin
Valley.
Councilman Whittemore moved adoption of Resolution No.
59-68 of the City of Bakersfield opposing application No. A 50 211
of the Southern Pacific Railroad Company to discontinue passenger
trains 51 and 52 operating between San Francisco and Los Angeles
via the San Joaquin Valley.
During discussion, Councilman Hosking stated there was no
conceivable reason for requiring the Railroad Company to operate
empty passenger trains, so he is going to vote against the resolution.
Councilman Rees stated the record would show that he
ordered this Resolution to be prepared, but since that time he has
had a chance to think about it, and he is inclined to believe that
164-
Bakersfield, California, July l, 1968 -Page 9
in the interests of the people and the users of the railroad, this
resolution should not be passed. This particular train has been
running at a loss for many years and at one time, it had sub-
stantial patronage, however, with the token patronage they now
have, it doesn't appear to him that the Council should insist
that this train run at a loss to the railroad company. Running
at a loss would be reflected in freight rates, etc., which would
mean that the public would have to pay increased rates for a
passenger train that is not patronized. He therefore moved that
the Resolution be tabled. This motion failed to carry by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Heisey,'Hosking, Rees
Councilmen Rucker,'Stiern, Vetter, Whittemore
None
Councilman Whirremote stated that the services have been
allowed to diminish on passenger trains to the poil~t where the
company has made it unattractive for the public to ride trains.
This passenger service is very important to the valley and is
going to become more important as the City of Bakersfield gains
its normal growth, the college is an example of this, students
will need to ride the trains, any industrial development will
require passenger trains. He stated he feels the Council should
request the railway companies to improve their service and put
their trains in shape so that they will be attractive for people
to use.
Councilman Stiern commented that at one time this train
and its counterpart were very fine trains to travel on. But he
can't think of a single thing that has been done lately to improve
the service, they have taken service and comfort away from cus-
tomers, do not provide meals, etc. He questioned whether the
railroads were not a public utility, and should be required to
provide service which may not be economical but nevertheless is a
public service. Transportation is essential for emergencies, when
the valley is fogged in, etc.
Councilman Heisey stated the Public Utilities Commission
is a professional body which spends full time studying these matters,
Bakersfield, California, July 1, 1968 - Page 10
and he offered a substitute motion that the City request the Public
Utilities Commission to look out for the best interests of the
people of Bakersfield and Kern County in deciding this issue. After
discussion the substitute motion failed to carry by the following
roll call vote:
Ayes:
Noes:
Absent:
Councilmen Heisey, Hosking,
Councilmen Rucker, Vetter,
None
Vote was then taken on Councilman Whittemore's original
Rees
Stiern, Whittemore
52,
First reading of an Ordinance naming
the Cul-De-Sac located 330 feet west
of the northwest corner of Bernard
and Oswell Streets.
First reading was given to an Ordinance naming the Cul-De-
Sac located 330 feet west of the northwest corner of Bernard and
Oswell Streets - Cleo Court.
Adoption of Resolution No. 60-68 finding
that certain Weeds growing on property in
the City of Bakersfield constitute a
public nuisance and directing the Super-
intendent of Streets to destroy said Weeds.
Director of Public Works Jing requested that the words
"or certified" be added to the bottom of the first page of the pro-
posed Resolution, and upon a motion by Councilman Vetter, Resolution
No. 60-68 finding that certain Weeds growing on property in the City
of Bakersfield constitute a public nuisance and directing the Super-
intendent of Streets to destroy said Weeds, was adopted as amended
by the following vote:
Ayes:
Noes;
Absent:
Councilmen Heisey, Hosking,
Whittemore
None
None
Rees, Rucker, Stiern, Vetter,
Ayes: Councilmen Rucker, Stiern, Vetter, Whittemore
Noes: Councilmen Heisey, Hoskin~ Rees
Absent: None
motion to adopt the Resolution opposing the application of the
Southern Pacific Company to discontinue passenger trains 51 and
which carried by the following roll call vote:
166
Bakersfield, California, July 1, 1968 - Page 11
First reading of an Ordinance of the
Council of the City of Bakersfield
amending Section 6.12.020 of the Muni-
cipal Code changing the rate of
Transient Lodging Tax from 4% to 5%.
After discussion, first reading was given to an Ordi-
nance of the Council of the City of Bakersfield amending Section
6.12.020 of the Municipal Code changing the rate of Transient
Lodging Tax from 4% to 5%.
Verified Claims for damages referred
to the City Attorney.
Upon a motion by Councilman Whittemore, verified claims
for damages from Robert Bebout, Nadine Walter, Elizabeth Peniz
and Edith Ross were referred to the City Attorney.
Approval of Agreement with the Bakers-
field City School District to transport
pupils attending day camp of the Bakers-
field Recreation Department.
Upon a motion by Councilman Whittemore,
the Bakersfield City School District to transport
day camp of the Bakersfield Recreation Department was
the Mayor was authorized to execute the contract.
Approval of new specifications for
Engineer IV and Sanitation Route
Inspector.
Upon a motion by Councilman Heisey, new specifications
for the positions of Engineer IV and Sanitation Route Inspector
were approved and adopted.
Approval of drawing for Standard
Sidewalks.
Upon a motion by Councilman Heisey, drawing for Standard
Sidewalks was approved. Councilman Heisey asked the Director of
Public Works to notify Monseigneur Roger McCann of St. Joseph's
Church that approval has been granted to install a colored side-
walk as requested.
Approval of Plans and Specifications
for Paving and Improving Ming Avenue
between Real Road and U.S. 99 Freeway.
Upon a motion by Councilman Whittemore, plans and speci-
fications for Paving and Improving Ming Avenue between Real Road
and U.S. 99 Freeway were approved and the Auditor-Controller was
authorized to advertise for bids.
agreement with
pupils attending
approved and
Bakersfield, California, July 1, 1968 - Page 12
Acceptance of Street Right of Way Deed
from John H. Deeter and Marcella D.
Deeter for alley between Tract 3136 and
Oak Street.
Upon a motion by Councilman Hosking, street right of way'
Deed from John H. Deeter and Marcella D. Deeter~for alley between
Tract 3136 and Oak Street was accepted.
Acceptance of Work and Notice of Com-
pletion for Contract No. 53-68 for
construction of a storm drain in Kern
Street between East 18th Street and
East Truxtun Avenue.
Upon a motion by Councilman Rucker, seconded by Councilman
Reisey, the Work was accepted under Contract No. 53-68 for construct-
ion of a storm drain in Kern Street between East 18th Street and
East Truxtun Avenue and the Mayor was authorized to execute the
Notice of Completion.
Approval of Map of Tract No. 3136 and
Contract and Specifications for Im-
provements within said Tract.
Upon a motion by Councilman Hosking, it is ordered that
the Map of Tract No. 3136 be, and the same is hereby approved. That
all the streets, alleys and easements shown upon said map and thereof
offered for dedication be, and the same are hereby accepted for the
purpose or the purposes for which the same are offered for dedication.
Pursuant to the provisions of Section 11587 of the Business
and Professions Code, the City Council hereby waives the requirements
of signatures of the following:
Kern County Land Company
Pacific Gas & Electric Company
City of Bakersfield
County of Kern
Pacific Telephone &
Telegraph Company
Mineral rights below 500 feet
Tower Line
Easement for pole lines and
incidentals in vacated 25th St.
Easement for road along old
Stine extension canal
Easement for communication
facilities
The Clerk of this Council is directed to endorse upon the
face of said map a copy of this order authenticated by the seal of
the City Council of the City of Bakersfield and the Mayor was
authorized to execute the contract and specifications covering im-
provements in said Tract.
lfJ8
Bakersfield, California, July 1, 1968 - Page 13
Encroachment Permit granted W. B. Murray
for wrought iron fence on channel iron
base.
Upon a motion by Councilman Rees, Encroachment Permit
was granted W. B. Murray, 2909 Deburn Street, for construction of
a wrought iron fence on a channel iron base adjacent to the side-
walk.
Encroachment Permit granted Pacific Gas
and Electric Company.
Upon a motion by Councilman Hosking, Encroachment Permit
was granted Pacific Gas & Electric Company for barbed wire climb-
ing barrier to be placed on the top of an existing fence on the
north side of 26th Street approximately 115 feet west of Union
Avenue.
Acceptance of three Street Right of Way
Deeds from Harold Stellmacher and
Herscheil D. Buxton for right of way
required for the widening of South "H"
Street near Lacey Street and Hendricks
Lane.
Upon a motion by Councilman Whittemore, three street
right of way Deeds from Harold Stellmacher and Herscheil D. Buxton
for the right of way required for the widening of South "H" Street
near Lacey Street and near Hendricks Lane were accepted.
Approval of request of Kentucky Roast
Beef for permission to connect building
at 3011 Brundage Lane to the City sewer
line.
Upon a motion by Councilman Vetter, permission was
granted Kentucky Roast Beef to connect building at 3011Brundage
Lane to the City sewer line conditioned to:
1. Plan submitted for review and approval
2. All work to be done in conformance with
City specifications.
Adoption of Resolution No. 61-68 of the
Council of the City of Bakersfield
approving and submitting a request to
the Public Utilities Commission for
State allocation for automatic signal
devices at the crossing of South "H"
Street and the Buttonwillow Branch of
the Southern Pacific Railroad.
After discussion, upon a motion by Councilman Whittemore,.
Resolution No. 61-68 of the Council of the City of Bakersfield
Bakersfield, California, July 1, 1968 - Page 14
Ayes:
Noes: None
Absent: None
approving and submitting a request to the Public Utilities Commission
for State allocation for automatic signal devices at the crossing of
South "H" Street and the Buttonwillow Branch of the Southern Pacific
Railroad, was adopted by the following vote:
Councilmen Reisey, Rosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Reception of Statement of all Votes Cast
at the Nominating Municipal Election of
June 4, 1968, and Certificate of the
County Clerk of Results of Canvass ef
same.
Upon a motion by Councilman Hosking, Statement of all
Votes cast at the Nominating Municipal Election for Mayor held
June 4, 1968 in the City of Bakersfield, with Certificate of the
County Clerk to the Result of the Canvass attached thereto, was
received and ordered placed on file.
The votes cast at said election for the office of Mayor
were as follows:
Total number of votes cast including Absentee Vote 23,153
Total number of votes cast for Donald M. Hart 14,225
Total number of votes cast for Howard Lake 6,761
Total number of votes cast for Albert Leon 2,167
The votes cast at said election for City of Bakersfield
Referendum -Measure A, altering Ward Boundaries, were as follows:
Total number of votes cast including Absentee Vote 20,389
Total number of Yes votes cast 16,078
Total number of No votes cast 4,311
Adjournment.
There being no further business to come before the Council,
upon a motion by Councilman Vetter, the meeting ~s adjourned at
VICE-MAYOR of the City of Bakersfield, Calif.
ATTEST:
T¥ CLERK and Ex~,O~fic~lo Clerk o~ the
Council of the City of Bakersfield,
California
170
Bakersfield, California, July 15, 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., July 15, 1968.
In the absence 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 Donald
Swain of the Westminster Presbyterian Church.
The City Clerk called the roll as follows:
Present: Councilmen Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Absent: Mayor Karlen. Councilman Heisey
Minutes of the regular meeting of July 1, 1968 were
approved as presented.
Scheduled Public Statements.
Mr. David H. Urner, chairman of the Sister City Committee,
addressed the Council, introducing two Japanese high school
teachers from Wakayama who are studying English at the summer
session of Bakersfield College. He issued an invitation to the
Mayor and the members of the Council to attend a luncheon-reception
for the entire cast of "Sing Out Asia", to be held at Bill Lee's
Bamboo Chopsticks on July 24th at 1 P.M. This group of 150
college and high school students representing most of the free
countries of Asia will perform at the Civic Auditorium at 6 P.M.,
Wednesday, July 24th. This event is sponsored by Bakersfield's
Sister City Committee and the local "Up With People" group.
Mr. Carl Newton, advisor to the NAACR Youth Council,
stated that as suggested by the Mayor when this group appeared
before the Council a few weeks ago, they have investigated the
summer youth program and have come to the conclusion that indivi-
dually there is still some justification for their allegations that
there is discrimination in hiring. They have talked with Mr.
Cranford, manager of the Youth Opportunity Center, and his staff
is going to be working closely with the Youth Council in developing
good, sound communication with the black students and young people
of the community. He stated they are anticipating starting a
Bakersfield, California, July 15, 1968 Page 2
program which their regionaldirector has helped set up and has
been tried in other cities, which will be a help to the area.
They feel very strongly that the climate has to be changed
in regard to the black awareness that is coming, that the City
Fathers could do a lot more. The "Happiness is a Summer Job" pro-.
gram was a let-down because it wasn't as much as it was played up
to be. He offered the suggestion that in the future more ground
work be done, that it is really a slap in the face when a city of
this size could develop only 165 jobs for youth this summer, they
should be able to shake the businessman out of his complacency and
get more for the young people. He stated that if this vacuum isn't
filled with moderate thinking, positive steps to assure jobs for
the young people, that an explosive situation will develop that
will cost considerably more than the taxes they are trying to save.
He asked the Council to re-evaluate its own personal thinking con-
cerning the black man, to help this disadvantaged group in any way
possible. They will be contacting the City Council and different
City officials from time to time regarding a program to expand job
opportunities in this area which they feel will help stem the tide.
Mr. Walter Jaynes, owner of the Saddle Mart Liquor Store
at 101 Union Avenue, addressed the Council relative to the proposed
ordinance prohibiting certain taped or prerecording devices utilizing
Police and Fire Department emergency telephone systems, and urged the
Council to permit use of the device. He stated that he has leased
one of these alarm systems and needs it for protection of his women
employees in his store, especially after he has experienced several
holdups recently. He stated that if this ordinance is adopted, he
cannot connect this device into the Police Department switchboard
to call for assistance when he needs it. He pointed out that a call
on this recording device would be completed in about 15 seconds and
he cannot imagine how a conversation of that length would jam the
Police Department switchboard, it would not take any longer or be
any different that an individual making a call to the Police Depart-
ment. Vice-Mayor suggested that comment from the Council be deferred
until this ordinance comes up on the agenda for adoption.
172
Bakersfield,
California,
July 15,
1968 - Page 3
Reports.
Councilman Vetter reported that a wire had been sent to
Senator Walter Stiern by the Budget Review and Finance Committee
on July 3rd stating that the City of Bakersfield joins Kern County
in urging his support of AB 149. The Committee feels AB 149 is
the only hope in sight for meaningful property tax relief. Senator
Stiern replied on July 8, 1968, stating thai this Bill is presently
under consideration by the State Committee on Finance and will
probably be heard with two other measures involving the same
$155,000,000 under discussion. Serious consideration is being
given to all three measures, one of the most
is determining the amount actually available.
has presented at least three sets of figures
important features
The administration
in as many months.
The Legislative Analyst is scrutinizing available fiscal infor-
mation and advising the Senate Committee as accurately as he can.
The Department of Finance has been asked to re-evaluate their data.
It is impossible to predict regarding AB 149 as the 13 member
Finance Committee makes its determination. Senato~ Stiern stated
he pledged to the Council that he will give this Bill only his
most serious and careful consideration at the time it is voted
upon.
Council Statements.
Councilman Hosking stated he was very much impressed by
Mr. Newton's remarks this evening and he would say that the re-
sponsible conservatives were convinced that what the country needs
is the negative income tax type of legislation at the national
level which would be better in the long run than attempts to supply
jobs for people who obviously need money and need work, and the
economy simply doesn't have that many jobs for the population. If
people will start thinking about it seriously, this is the ultimate
answer to problems of welfare. He stated he realizes that this is
not something that a City Council probably should be too concerned
about except that the Council is asked by Mr. Newton and others to
consider these things and do more and he thinks that this idea
itself would do more for the minority than anything else that is
presently being considered.
Bakersfield, California, July 15, 1968 - Page 4
Councilman Stiern commented that anything that affects the
economy of the community is the concern of the Council.
Councilman Vetter commented briefly on Mr. Newton's state-
ment stating he appreciates him taking the time to come down to the
Council meeting. This job program that was started this year for
the first time has not developed as rapidly as the City would like,
but 165 jobs are a start, and he thinks that it is important to look
at it on the positive side and not down-grade the efforts that have
been made. In the coming years he hopes that the program can continue
to be supported by the business community. It is important to realize
that business people are obligated to their own operation to work as
economically as possible~ and if it is not possible for a firm to
employ additional people, it should not be expected that they do so.
He asked Director of Public Works Jing if contractors were
required to post a bond to clean up lots after buildings have been
moved. He stated that in the area of Snyder Lane where the freeway
is going through, they are in the process of moving some houses an,fl
have left the lots in bad shape. Mr. Jing said he would contact tlhe
State's right of way agent and check this matter out with him.
Councilman Rucker stated he wanted to compliment Mr. Newton
for the effort that is being made to obtain jobs for the students and
disadvantaged people who are definitely in need and who should be 'the
ones who are considered for any available jobs. He is not in favor
of the suggestion made by Mr. Hosking, because they do not want to
create laziness in people~ these people want jobs to support them-
selves, they are not looking for a handout. He hopes that Mr. Newton
can produce a program that will encourage business people to employ
those people who need jobs, and he is quite sure Bakersfield will
make definite progress in this direction.
Bakersfield, California, July 15, 1968 - Page 5
Allowance of Claims.
Upon a motion by Councilman Rees, seconded by Council-
man Rucker, Vouchers Nos. 4987 to 5066 and Nos. 1 to 150 inclusiwe,
deleting No. 103 in amount of $64,948.72, as audited by the
Finance Approval Committee, were allowed, and authorization was
granted for payment of same.
Action on Bids.
Upon a motion by Councilman Rees, low bid of Three-Way
Chevrolet to furnish eight truck chassis was accepted, this being
the only bid returned meeting all the requirements and conditions.
Upon a motion by Councilman Rees, the Firlance Director
was authorized to sell six used refuse packer bodies and with-
hold action on the purchase of new packer bodies pending the
return of the bids for the sale of the used packers.
Upon a motion by Councilman Vetter, low bid submitted
by Stewart Electric Supply for conductor cable was accepted, all
other bids were rejected, and the Mayor was authorized to execute
the contract.
Upon a motion by Councilman Whittemore, bid of the
Bakersfield Californian for Legal Advertising was accepted, and
the Mayor was authorized to execute the contract.
Adoption of Ordinance No. 1742 New
Series naming the Cul-De-Sac located
330 feet west of the northwest corner
of Bernard and Oswell Streets.
Upon a motion by Councilman Hosking, Ordinance No. 1742
New Series naming the Cul-De-Sac located 300 feet west of the
northwest corner of Bernard and Oswell Streets Cleo Court,'was
adopted by the following vote:
Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter,
Whirremote
Noes: None
Absent: Councilman Heisey
Bakersfield, California, July 15, 1968 - Page 6
Adoption of Ordinance No. 1743 New Series
of the Council of the City of Bakersfield
amending Section 6.12.020 of the Municipal
Code changing the rate of Transient Lodging
Tax from 4% to 5%.
After discussion, upon a motion by Councilman Roes, Ordi-
nance No. 1743 New Series of the Council of the City of Bakersfield
amending Section 6.12.020 of the Municipal Code changing the rate
of transient lodging tax from 4% to 5% was adopted by the following
vote:
Ayes:
Noes:
Absent:
Councilmen Hosking, Roes,
Whittemore
None
Councilman Heisey
Rucker, Stiern, Vetter,
Adoption of Ordinance No. 1744 New Series
of the Council of the City of Bakersfield
adding Chapter 10.52 to the Municipal Code
of the City of Bakersfield prohibiting
certain taped or prorecording devices uti-
lizing Police and Fire Department emergency
telephone systems.
During Council discussion of this ordinance,
Hosking stated he felt that if they were needed, more
should be installed in the Police Department in order
use of the alarm system devices.
Councilman
trunk lines
to permit
Councilman Roes asked if the staff would explain how Mr.
Jaynos' investment would be protected under this ordinance. City
Manager Bergen replied that he does not think the City of Bakers-
field is required to protect someone's investment if it involves
dealing with the promotion of some business. If it involves the
safety of the businessman, the leasing company is not prohibited
from installing separate lines into the Police Department, or using
a telephone answering service. There is nothing in this ordinance
that would prohibit this.
Councilman Whittemore commented that there is no objection
from the Police Department in cooperating with this venture, but t]~e
man is not selling a complete package to the businessmen and store
owners by telling them they can tie into the Police Department
switchboard, because it is an emergency service, they are limited
Bakersfield, California, July 15, 1968 Page 7
in the number of trunk lines, and the only thing this promoter
has to do is to complete his package and install his own line as
many other businesses do. He thinks it is sound reasoning on the
Police Department's part to require a separate line to be installed
for this alarm system.
Councilman St iern stated it was his understanding from
the representative of the alarm system company who attended the
last Council meeting, that he intended to install his own phone
line into the Police Department to take calls from this device.
Councilman Whittemore stated that was his understanding also, and
if the owner of this system wanted to sell his product, it is not
unreasonable to ask him to do this.
Councilman Vetter stated that one of the principal
objections is the use of the Police Department lines and switch-
board which would be making this product an integral part of the
Police Department. It would seem to him that it could become a
situation where the City would be involved if the alarm system did
not function properly. Therefore, in his opinion, the only answer
to the problem is the installation of his own lines, and he should
advise his customers that he will do this. Also, Councilman
Vetter suggested that a way to solve the question of whether the
line would still function if the firm went out of business would
be to require the posting of a bond to cover the payment of the
separate telephone lines. City Attorney Hoagland stated this
could be done but it would require another ordinance as this ordi-
nance covers only the existing trunk lines into the Police Depart-
ment.
Mr. Bill Burdick, a consultant criminalogist, stated he
had experience with such alarm systems and it would be possible to
jam the Police Department's lines and cited several recent ex-
periences in which the police phones had been jammed, including
the hot line. He stated that this ordinance will actually protect
businessmen and suggested that the signal could be directed to an
answering service which in turn could alert the Police Department.
Bakersfield, California~ July 15, 1968 - Page 8
177
Mr. Jaynes stated this alarm will not be used as just a
gadget, he has never used it, but when he does he will do so be-
cause they need help, and his employees feel that this little gadget
installed in his place of business is protecting their life. This
system will be used only in case of an emergency as it can be
activaSed without the knowledge of the criminal and the Police
Department can be on the scene of the crime as it is being committed.
Councilman Hosking commented he doesn't know how many
merchants there are in town but Shere can't be two or three thou-
sand of these installations. He doesn't think the Council should
prohibit the use of the Police Department trunk lines on the basis
that the lines should be left open for the general public. These
merchants can certainly be considered as the general public, and he
feels they should be able to call the Police Department by burglar
alarm or any other way they can get through. If there is any pro-
blem with trunk lines, more trunk lines should be installed.
Councilman Rucker stated that progress is made through
trial and error. He therefore suggested that, if at all possible,
the City make an effort to put the device on a trial basis, and if
this was not satisfactory, then remove it and require a separate
l~ne. Certainly, merchants and business people should be protected.
Councilman Whittemore stated that he believes all the
Council agrees that the businessmen should have protection, but he
would also like to comply with the Police~ Department's request that
it be installed on a separate board. He agreed with Councilman
Vetter that the company who manufacturers the device should be bonded
to provide a separate line into the Police Department.
Councilman Vetter stated that it still seems to him that
whoever sells this type of alarm system has an obligation to furnish
a separate line to its customers. He is all for having as much
protection as possible for the merchants, but he does not feel the
way this particular system operates would be in the best interests
of the merchants.
178
Bakersfield, California, July 15, 1968- Page 9
Councilman Rees moved adoption of the ordinance. During
discussion of the motion, Councilman Stiern stated he was impressed
with the feelings of people in law enforcement whose job it is to
provide protection and prompt service, but who have nevertheless
warned the Council that this alarm system does jeopardize the type
of service they are able to give through their switchboard. He
thinks it might be well for any Councilman who doesn't believe
this to talk to the telephone company about how easy it is, either
intentionally or unintentionally, to tie up telephone lines. He
has not been convinced that the representatives of the company who
sell these alarm systems are not obligated to lease a line or cable
into the Police Department. Therefore, he is going to support the
motion.
Councilman Hosking commented that any first class
criminal knows how to tie up police lines without any difficulty.
But he is still not convinced that a number of these machines
would malfunction at the same time, this is not credible. He is
not convinced of the arguments and he has not changed his position
of two weeks ago. He believes fears that the switchboard will be
jammed are exaggerated and the probabilities of the things
happening that they are being asked to guard against are remote.
After some further discussion, vote was taken on the
adoption of Ordinance No. 1744 of the Council of the City of Bakers-
field adding Chapter 10.52 to the Municipal Code of the City of
Bakersfield prohibiting certain taped or prerecording devices
utilizing Police and Fire Department emergency telephone systems,
which carried by the following vote:
Ayes:
Noes:
Absent:
Councilmen Rees, Stiern, Vetter,
Councilmen Hosking, Rucker
Councilman Heisey
Whittemore
Bakersfield, California, July 15, 1968 -Page 10
79
Adoption of Resolution of Intention No.
833 of the Council of the City of Bakers-
field, California, declaring its intention
to order the vacation of a portion of
Sonora Street north of Sumner Street in the
City of Bakersfield, California.
Upon a motion by Councilman Whittemore, Resolution of In-
tention No. 833 of the Council of the City of Bakersfield, California,
declaring its intention to order the vacation of a portion of Sonora
Street north of Sumner Street in the City of Bakersfield, California,
and setting date of August 19, 1968 for hearing on the matter before
the Council, was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmen Mosking, Rees, Rucker, Stiern,
Whittemore
Vetter,
None
Councilman Heisey
First reading of an Ordinance amending
and revising the Buildings and Con-
struction Title of the Municipal Code.
At this time first reading was given an Ordinance
amending
vote:
Ayes:
Noes:
Absent:
Councilmen Hosking, Rees,
Whittemore
None
Councilman Heisey
Rucker, Stiern, Vetter,
Adoption of Resolution of Intention No.
832 of the Council of the City of Bakers-
field declaring its intention to order
the vacation of a Public Utilities Ease-
ment in Tract 3101, City of Bakersfield.
~ Upon a motion by Councilman Whittemore, Resolution of
Intention No.~ 832 of the. Council of the City of Bakersfield declaring
its intention-to order the vacation of a Public Utilities Easement in
Tract 3101, City of Bakersfield, and setting August 19, 1968 for
hearing on the matter before the Council was adopted by the following
Code.
and revising the Buildings and Construction Title of the Municipal
1SO
Bakersfield, California, July 15, 1968 - Page 11
Adoption of Ordinance No. 1745 New Series
of the Council of the City of Bakersfield
amending Sections 3.18.030, 3.18.070,
3.18.140, 3.18.152 (a) (b) and (c), 3.18.-
160 (b) and 3.18.180 (a) and (h) of the
Municipal Code of the City of Bakersfield.
Upon a motion by Councilman Hosking, Ordinance No. 1745
New Series of the Council of the City of Bakersfield amending
Sections 3.18.030, 3.18.070, 3.18.140, 3.18.152 (a) (b) and (c),
3.18.160 (b) and 3.18.180 (a) and (h) of the Municipal Code of
the City of Bakersfield, was adopted by the following vote:
Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Heisey
Reception of City Clerk's Certificate
of Sufficiency of Petition asking that
Plaza No. i be annexed to the City of
Bakersfield and requesting that a
special election be called to submit
the question of annexation to the
electors residing within the territory.
Upon a motion by Councilman Whittemore, City Clerk's
Certificate of Sufficiency of Petition asking for the annexation
of that certain territory designated as Plaza No. 1 to the City
of Bakersfield and requesting that a special election be called
to submit the question of annexation to the electors residing
within the territory was received and ordered placed on file.
Adoption of Resolution No. 64-68 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
submitting to the qualified electors
residing in said territory shall be
annexed to the City of Bakersfield, and
fixing a time and place when and where
any person owning real property within
such territory may appear before said
Council and show cause why such terri-
tory should not be so annexed - PLAZA
NO. 1.
Upon a motion by Councilman Rees, Resolution No. 64-68
of the Council of the City of Bakersfield declaring its intention
Bakersfield, California, July 15, 1968 - Page 12
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 August 5, 1968 in the Council Chambers of tlhe
City Hall at eight o'clock P.M., 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 - PLAZA NO. l, was adopted by the following vote:
Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter, whirremote
Noes: None
Absent: Councilman Heisey
Approval of Holidays for remainder
of Calendar.Year 1968.
Upon a motion by Councilman Whittemore, the following
holidays were approved for the remainder of calendar year 1968:
Labor Day
Admission Day
Veteran's Day
Thanksgiving Day
Christmas
1st Monday in September
September 9
November ll
November 28
December 25
Request from Stockdale Development
Corporation for annexation of certain
territory west of proposed California
Avenue No. i Annexation referred to
the. Planning Commission for study. and
recommendation.
Upon a motion by Councilman Whittemore, request from
Stockdale Development Corporation for annexation of that certain
territory west of California Avenue No. i Annexation which con-
tinues west of Stockdale Country Club was referred to the Planning
Commission for study and recommendation.
First reading of an Ordinance to amend
Section 17.36.020 of the Municipal Code
of the City of Bakersfield to permit
the Drilling and Operation of Oil and
Gas Wells in "A" Zones.
First reading was given an Ordinance to amend Section
17.36.020 of the Municipal Code of the City of Bakersfield to permit
the drilling and operation of Oil and Gas Wells in "A" Zones.
182
Bakers£ield, California, July 15, 1968 .- Page 13
Encroachment Permit granted George
Haberfelde, Inc. for construction
of sidewalk planter.
Upon a motion by Councilman Vetter, Encroachment Permit
was granted George Haber£elde, Inc. for construction of sidewalk
planter abutting an existing property line fence.
Approval of Joint Exercise of Powers
Agreement with the County of Kern for
acquisition of right of way required
for widening of Brundage Lane between
Union Avenue and 1200 feet east of
Cottonwood Road.
Upon a motion by Councilman Rucker, Joint Exercise of
Powers Agreement with the County of Kern for acquisition of right
of way required for widening of Brundage Lane between Union Avenue
and 1200 feet east of Cottonwood Road was approved and the Mayor
was authorized to execute the contract.
Request from McCarthy Tank & Steel
Company for narrowing of 32nd Street
referred to the Planning Commission
for study and recommendation.
Upon a motion by Councilman Hosking, request from McCarthy
Tank and Steel Company to narrow 32nd Street to 60 feet was referred
to the Planning Commission for study and recommendation.
Claim for personal injuries from Mary
E. Curtman referred to the City Attorney.
Upon a motion by Councilman Rees, claim for personal
injuries from Mary E. Curtman was referred to the City Attorney.
Acceptance of Street Right of Way Deed
from Gordon Simon for widening of South
"H" Street near Planz Road.
Upon a motion by Councilman Whittemore, street right of
way deed from Gordon Simon for right of way required for the
widening of South "H" Street near Planz Road was accepted.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Vetter, the meeting was
adjourned at 10:10 P.M.
VICE-MAYOR of the City of Bakersfield, Calif.
ATTE ST:
CITY CLERK and Ex~dfficlo Clerk of the Council
of the City of Bakersfield, California
Bakersfield, California, August 5, 1968
Minutes oi the regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of the
City Hall at eight o'clock P.M. August 5, 1968.
The Mayor called the meeting to order followed by the
Pledge of Allegiance and Invocation by the Reverend James Versluys
of the First Christian Reformed Church.
The City Clerk called the roll as follows:
Present: Mayor Karlen. Councilmen Heisey, Rosking, Rees, Vetter,
Whittemore
Absent: Councilmen Rucker, Stiern
Minutes of the regular meeting of July 15, 1968 were
approved as presented.
Service Pin Award.
At this time Mayor Karlen presented a five-year service
pin to Councilman Whirremote. Presentation of a 25-year service
pin was made later to Ysidro Aguirre of the Street Maintenance
Division of the Public Works Department.
Scheduled Public Statements.
Mr. Vince Casper, president of the Downtown Business
Association, commented on report on the program for the revitali-
zation of retail activity in the City core, which was prepared by
Richard Graves Associates and presented to the Bakersfield Redevelop-
ment Agency last Thursday evening for their consideration to adopt
the concept as contained in the report. He stated a copy of the
report was being submitted to the Council for its review and con-
sideration.
Mayor Karlen suggested that statement scheduled to be made
by Mr. Milton Miller at this time be deferred until the public
in the evening on the proposed annexation of California
hearing later
Avenue No. 1.
Adoption of Resolution No. 70-68 of the
Council of the City of Bakersfield urging
the California Highway Commission to budget
funds for improvement of Route 166 (SR 57).
A request had been received from Curtis Tunnell, Supervisor
Fifth District, Santa Barbara County, to join their effort to obtain
further improvement to the Cuyama Highway (Route #166) by adopting
a resolution directed to the California Highway Commission asking
Bakersfield, California, August 5, 1968 - Page 2
that such a continuing program be authorized. Upon a motion by
Councilman Rees, Resolution No. 70-68 of the Council of the City
of Bakersfield urging the Cali£o~nia Highway Commission to budget
funds for improvement of Route 166 (SR 57)
following vote:
Ayes:
Noes:
Absent:
was adopted by the
Councilmen Heisey, Hosking, Rees, Vetter, Whittemore
None
Councilmen Rucker, Stiern
A Communication was received from the California Water
Service Company advising that an application has been filed with
the California Public Utilities Commission for a rate increase of
3.50% to offset the increase in income taxes. After discussion,
Councilman Rosking proposed that a resolution be drafted by the
City Attorney opposing the application and filed with the Public
Utilities Commission. All other members of the Council supported
Councilman Hosking's proposal, and upon a motion by Councilman
Rees, the City Attorney was instructed to prepare the resolution
for consideration of the Council at the next regular meeting.
Council Statements.
Councilman Heisey stated that the Citizen's Refuse Study'
Committee has completed its hearings and made its final recommenda-
tions in the shape of two reports. The Council Con~ittee has not
had the opportunity to evaluate either of these reports, possibly
they will be able to reach some kind of compromise between the two
by incorporating the best out of each report and come back with a
recommendation to the Council. A great deal of time was spent by
this Committee in studying this matter and Councilman Heisey moved
that the Mayor write each member a letter of appreciation for the
time and effort that was put in on this important study.
Councilman Nosking asked for a suspension of the rules to
change the agenda to hold the scheduled public hearings at this
time, as there were a great many people present who are interested
in these hearings. After some deliberation, it was decided to
continue with the agenda as submitted, as the business was not
controversial and should be completed in short order.
Bakersfield, California, August 5, 1968 - Page 3
Mr. Howard Dallimore, General Manager of the Bakersfield
City Employees Association, was given the opportunity to introduce
a new member of his staff, Mr. Fred Ward, who will be representing
the Association from time to time.
Councilman Vetter asked Director of Public Works Jing for
a report on the request he had made three weeks ago regarding a clean-
up of the property on Snyder Lane after the removal of buildings by
the State Division of Highways for the construction of a new freeway.
Mr. ~Jing stated he had occasion to discuss this with the Division of
Highways, that there will. be a representative from the State on the
site this week, and he will go out and talk with him relative to
clearing this area, as the State has a private contractor who follows
up. and finishes this clean-up work.
Councilman Vetter stated he would like to call for a meeting
of the Cable TV Committee to consider a set of standards that have
been put together by the Bakersfield Cable Company, the dealers and
the local station representatives. He asked that this matter be
placed on the agenda for the next meeting for consideration.
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers Nos. 151 to 377
inclusive, in amount of $170,981.93, as audited by the Finance
Approval Committee, were allowed, and authorization was granted for
payment of same.
Action. on Bids.
Upon a motion by Councilman Heisey, bid of Continental
Service Company, (Agent for Bank of America) in amount of $13,5Q0..00
for the parking lot located at the north side of Monterey Street
200 feet west of King Street, and bid of Calvary Baptist Church in
amount of $24,175.00 for the parking lot located at the northeast
corner of Monterey Street and Kern Street, were accepted, and the
Mayor was authorized to execute quitclaim deeds and the escrow
instructions for each piece of property. The City Attorney was
instructed to placed the deeds in escrow set up by the successful
bidders.
Bakersfield, California, August 5, 1968 - Page 4
Councilman Heisey commented that with the sale of these
two lots there will be sufficient funds to retire the Off-Street
Parking Bonds by December 31, 1968. He stated it is not necessary
to take any action tonight on this but it is something which can
be given Council consideration for future action.
Upon a motion by Councilman Vetter, low bid of Specialized
Spray Service for destroying and removing Weeds under Phase I of
the 1968 Weed Abatement Program was accepted, all other bids were
rejected, and the Mayor was authorized to execute the contract.
Adoption of Ordinance No. 1746 New Series
of the Council of the City of Bakersfield
amending and revising the Buildings and
Construction Title of the Municipal Code
of the City of Bakersfield.
Upon a motion by Councilman Whittemore, Ordinance No.
1746 New Series of the City of Bakersfield amending and revising
the Buildings and Construction Title of the Municipal Code of the
City of Bakersfield, was adopted by the following vote:
Ayes: Councilmen Reisey, Hosking, Rees, Vetter, Whittemore
Noes: None
Absent: Councilmen Rucker, Stiern
Adoption of Ordinance No. 1747 New Series
amending Section 17.36.020 of the Munici-
pal Code of the City of Bakersfield to
permit the drilling and operation of Oil
and Gas Wells in "A" Zones.
Upon a motion by Councilman Rees, Ordinance No. 1747
New Series amending Section 17.36.020 of the Municipal Code of the
City of Bakersfield to permit the Drilling and Operation of Oil
and Gas Wells in "A" Zones was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmen Heisey, Hosking,
None
Councilmen Rucker, Stiern
Rees, Vetter, Whittemore
Bakersfield, California, August 5, 1968 - Page 5
Adoption of Resolution No. 65-68 of the
City Council of the City of Bakersfield,
California, declaring its intentipn to
establish a BuMiness Promotion District
in that portion of Downtown Bakersfield
bordered by 23rd Street on the north,
Truxtun Avenue on the south, "F" Street
on the west and "N" Street on the east,
determining that additional tax shall be
imposed upon those businesses in the
Business Promotion District; determining
the uses to which the additional revenue
derived from the additional tax shall be
put and fixing the time and place for
hearing protests and objections to the
formation of the District or the extent
of taxes to be leyied to support said
District, or both, and whether public
convenience and necessity require the
formation of such a District and giving
Notice thereof.
Upon a motion by Councilman Hosking, Resolution No. 65-68
of the City Council of the City of Bakersfield, California, declaring
its intention to establish a Business Promotion District in that
portion of Downtown Bakersfield bordered by 23rd Street on the north,
Truxtun Avenue on the south, "F" Street on the west and "N" Street on
the east, determining that additional tax shall be imposed upon those
businesses in the Business Promotion District; determining the uses
to which the additional revenue derived from the additional tax
shall be put and fixing August 19th, 1968 in the Council Chambers
of the City Hall as the time and place for hearing protests and
objections to the formation of the District or the extent of taxes
to be levied to support said District, or both, and whether public
convenience and necessity require the formation of such a District
and giving Notice thereof, was adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Vetter, Whittemore
Noes: None
Absent: Councilmen Rucker, Stiern
Request from Kern High School District
to annex Highland High School Site to
the City of Bakersfield referred to
the Planning Commission for study and
recommendation.
Upon a motion by Councilman Heisey, request from Kern
High School District to annex Highland High School site located in
the northeast portion of the urban area to the City of Bakersfield,
was referred to the Planning Commission for study and recommendation.
188
Bakersfield, California, August 5, 1968 - Page 6
Claim for personal injuries from Rose
Parker and claim ~or damages from .Coy
G. Fuller and Maye E. Fuller referred
to the City Attorney.
Upon a motion by Councilman Whittemore, claim for per-
sonal injuries from Rose Parker and claim for damages from Coy G.
Fuller and Maye E. Fuller were referred to the City Attorney.
Request from the Union Oil Company of
California to connect service station
at the southwest corner of Bernard and
Oswell Streets to existing sewer main
parallel to Bernard Street referred to
the Planning Commission for study and
recommendation.
Upon a motion by Councilman Heisey, request from Union
Oil Company of California to connect service station which is
under construction at the southwest corner of Bernard and Oswell
Streets to existing sewer main parallel to Bernard Street, was
referred to the Planning Commission for study and recommendation.
Approval of Joint Exercise of Powers
Agreement with the County of Kern fer
the construction of a chip seal coat
on South Chester Avenue between the
Southern Pacific Railroad and the
south City limits.
Upon a motion by Councilman Whirremote, Joint Exercise
of Powers Agreement with the County of Kern for the construction
of a chip seal coat on South Chester Avenue between the Southern
Pacific Railroad and the south City limits was approved and the
Mayor was authorized to execute the agreement.
Approval of Plans and Specifications
for the construction of a Sanitary
Sewer to serve Pierce Annexation No. 1.
Upon a motion by Councilman Hosking, plans and specifi-
cations for the Construction of a Sanitary Sewer to serve Pierce
Annexation No. i were approved and the Finance Director was
authorized to advertise for bids for this project.
Approval of Revised Freeway Agreement
covering State Route 178 between "M"
Street and the East City Limit of
Bakersfield.
Upon a motion by Councilman Heisey, Revised Freeway
Agreement covering State Route 178 between "M" Street and the
East City Limit of Bakersfield was approved, and the Mayor was
authorized to execute same.
Bakersfield, California, August 5, 1968 - Page 7
Approval of Plans and Specifications for
the Construction of a Sanitary Sewer
along Real Road and Akers Road between
Elcia Drive and White Lane.
Upon a motion by Councilman Rees, plans and specifications
for the construction of a Sanitary Sewer along Real Road and Akers
Road between Elcia Drive and White Lane were approved and the Finance
Director was
call vote:
Ayes:
Noes:
Absent:
Abstaining:
authorized to advertise for bids, by the. following roll
Councilmen Heisey, Hosking, Rees, Vetter
None
Councilmen Rucker, Stiern
Councilman Whittemore
Acceptance of Work and Notice of Com-
pletion for the construction of Sani-
tary Sewer in South "R" Street between
the S. P. R. R. Tracks and White Lane.
Upon a motion by Councilman Whittemore, the Work was
accepted and the Mayor was authorized to execute the Notice of
Completion for the construction of Sanitary Sewer in South "H"
Street between the S. P. R. R. Tracks and White Lane.
Approval of Plans and Specifications for
construction of Automatic Irrigation
Systems and Tree Planters in South "H"
Street Median Islands from Ming Avenue
to White Lane.
Upon a motion by Councilman Whittemore, Plans and Speci-
fications for construction of Automatic Irrigation Systems and Tree
Planters in South "H" Street Median Islands from Ming Avenue to
White Lane were approved and the Finance Director was authorized te
advertise for bids for this project.
Encroachment Permit granted E1 Cid
Motor Hotel, 333 Union Avenue, for
construction of seven foot chain-
link fence.
Upon a motion by Councilman Vetter, Encroachment Permit
was granted E1 Cid Motor Hotel, 333 Union Avenue, to construct a
seven foot chain-link fence along the north side of Third ~treet
190
Bakersfield, California, August 5, 1968 - Page 8
and four feet from the curb line,
tions:
1.
2.
subject to the following condi-
Obtain permit from building department
Construct standard sidewalk along Third
Street
3. Place fence adjacent to the edge of sidewalk
4. Payment to the City of delinquent room tax
(Condition recommended by the City Attorney)
Acceptance of Work and Mayor authorized
to execute Notice of Completion for
contract for resurfacing Panorama Drive
between Monte Vista Drive and Loma Linda
Drive and between Haley Street and 600
feet west of Mt. Vernon Avenue.
Upon a motion by Councilman Rees, the Work was accepted
and the Mayor was authorized to execute Notice of Completion of
the contract for resurfacing Panorama Drive between Monte Vista
Drive and Loma Linda Drive and between Haley Street and 600 feet
west of Mr. Vernon Avenue.
Hearings.
This was the time set for hearing before the Council of
the City of Bakersfield of protests by persons owning real property
within territory designated as "California Avenue No. 1", proposed
to be annexed to the City of Bakersfield. This hearing has been
duly advertised and posted and no written protests have been
received in the City Clerk's office. Mr. Milton Miller filed a
letter with the Council requesting permission to speak on the sub-
ject of this annexation.
Mr. Miller assured the Council that he is not against
the entire annexation, he is protesting only against the proposed
commercial development of the 98 acres along the extension of
California Avenue, as it is a threat to the attempt of the down-
town merchants to redevelop and revitalize downtown Bakersfield.
The area should be planned and developed for industry which is
the only way to save the community. He criticized 'the City's
lack of communication with the Redevelopment Agency regarding
this annexation. He stated that the main thing to be done, and
Bakersfield, California, August 5, 1968 - Page 9
he was hoping that Tenneco would do it even before the construction
of the college, is to bring industry and manufacturing plants into
the area. If this giant corporation would sell the land for the
assessed valuation shown on the assessment rolls, there would be
more industry in this area than the City could handle. He stated
he is striking out against the monopolistic enterprise that is
Tenneco which will destroy many of the free enterprises in downtown
Bakersfield.
Mayor Karlen read a communication from the Bakersfield
Redevelopment Agency, signed by Wilbur Rickett, chairman, which met
earlier in the day to hear a report from the committee of the Agency
reviewing the annexation as it would concern the Agency's Redevelop-
ment plans. At this continued meeting the Agency adopted a statement
of position, portions of which are as follows:
The downtown project that the Agency is now con-
sidering is for a retail complex of the magnitude
of a regional center. The effect of the annexation
was therefore considered in relation to this type
of redevelopment downtown. The facts show that the
annexation does not change the potential use of the
area as a retail outlet. The permitted use now
exists in the unincorporated area and whether or
not it is annexed does not change this use
The Agency recognizes that this area is a competi-
tor for the retailers that could come into the re-
developed downtown area. However, the area is a
competitor whether it is annexed or not. The con-
cern of the Agency is for the redevelopment of
downtown and not to be pro or con on the annexa-
tion, unless the annexation creates a new situation
that further complicates the downtown redevelopment
The Agency is in sympathy with annexations for the
City because it feels that annexations are vital to
the growth and economy of the Bakersfield urban area.
However, they are only in sympathy with it instead
of recommending it, because they do not feel that
they are the arm of the city government responsible
for this recommendation, such as the City Planning
Commission
The Agency would like to take this opportunity to
alert the Council that the Agency is planning the
necessary steps to develop a retail complex of
required size and the Council's consent and full
support will be necessary if the downtown area is
to remain the leading competitor for the next
regional retail complex.
192
Bakersfield, California, August 5, 1968 - Page 10
Mayor Karlen reminded Mr. Miller that whether or not
this area is annexed by the City, it can be developed in the
County in the very same manner as planned, and the question be£ore
the Council now is whether this area should be annexed to the City.
It has been approved by the Local Agency Formation Commission, of
which he is a member, it is a logical annexation to the City from
the standpoint of being contiguous territory, and he knows of no
one who has disagreed with that particular aspect of it. He knows
that Mr. Miller's comments are directed towards the zoning after
the annexation, yet, regardless of what the Council does, this
can be accomplished without the territory being annexed by the
City.
Mr. Mel Jans, manager o£ Kern County Land Company's
real estate operations, and manager of Stockdale Development
Corporation, who had asked that this area be annexed, addressed
the Council. He stated that he had no particular comments to
make, they had worked with the City for several months to accom-
plish this, and indicated that he was willing to answer any
questions the Council wished to ask him.
Mr. Chris Mattley, who works in the downtown business
area, expressed opposition to the plan to zone another commercial
shopping area, which in his opinion would jeopardize the downtown
shopping area.
Mr. Harry Rubin, who stated he has resided in Bakers-
£ield almost fifty years, also protested the proposed commercial
development and asked why everything had to go retail, and where
was the money to come from to spend in retail stores if there were
no jobs. He commented that if Tenneco was civic minded, this
corporation would move enough industry into Bakers£ield to support
the entire area.
There being no further objections from those in attendance,
Mayor Karlen closed the public hearing for Council discussion and
deliberation. During discussion, all Councilmen agreed that
regardless o£ whether this area is annexed to the City, this
Bakersfield, California, August 5, 1968 - Page 11
'193
company can proceed with its plans
unincorporated area,
ness activity of the
Resolution No. 66-68
and develop this property in the
and that this annexation will add to the busi.-
community. Upon a motion by 'Councilman Heisey,
of the Council of the City of Bakersfield
declaring that a majority protest has not been made to the annexation
of territory designated as "California-Avenue No. 1" proposed to be
annexed to the City of Bakersfield, was adopted by the following
vote:
Ayes:
Noes:
Absent:
Councilmen Heisey, Hosking, Rees, Vetter, Whittemore
None
Councilmen Rucker, Stiern
Upon a motion by Councilman Heisey, Ordinance No. 1748
New Series approving annexation of a parcel of uninhabited terri-
tory to the City of Bakersfield, California, designated as "California
Avenue No. l" and providing for the taxation of said territory to
pay the bonded indebtedness of said City, was adopted by the following
vote:
Ayes:
Noes:
Absent:
Councilmen Heisey,
None
Councilmen Rucker,
Hosking, Rees, Vetter, Whittemore
Stiern
This was the time set for hearing before the Council of
the City of Bakersfield to include within the Greater Bakersfield
Separation of Grade District a portion of certain territory desig-
nated .as "California Avenue No. 1", This hearing has been duly
advertised and posted and no written protests have been received in
the City Clerk's office. No objections being voiced by anyone in
the audience, Mayor Karlen declared the public hearing closed for
Council discussion. Upon a motion by Councilman Vetter, Resolution
No. 67-68 annexing to the Greater Bakersfield Separation of Grade
District that portion of certain territory designated as "California
Avenue No. l" not already included within said District, was adopted
by the following vote:
Ayes:
Noes:
Absent:
Councilmen Heisey,
None
Councilmen Rucker,
Hosking, Rees, Vetter, Whittemore
Stiern
194
Bakersfield, California, August 5, 1968 - Page 12
This was the time set for hearing before the Council on
a request by Stockdale Development Corporation to Zone upon Annexa-
tion to a C-2 (Commercial) or more restrictive, Zone; to an M-1
(Light Manufacturing) or more restrictive, Zone; to an R-3 (Limited
Multiple Family Dwelling) or more restrictive, Zone; to a C-1
(Limited Commercial) or more restrictive, Zone; to an "A" (Agri-
cultural) or more restrictive, Zone; and to an R-l-OH (Single
Family Kkvelling - Church) or more restrictive, Zone; of those
certain properties in the County of Kern, State of California,
and being a portion of Sections 26, 34 and 35, Township 29 South,
Range 27 East, and Section 3, Township 30 South, Range 27 East,
M.D. B. M., known as California Avenue No. i Annexation. This
hearing has been duly advertised and posted and no written pro-
tests have been received in the City Clerk's office.
At a public hearing held July 3, 1968, the Planning
Commission considered the above mentioned zoning upon annexation
and would recommend approval of subject zoning as outlined with
"D" (Architectural Design) Overlay applied to the C-2 (Commercial)
and the R-3 (Limited Multiple Family Dwelling) Zones in order to
insure a compatible development with the adjacent single family
dwelling zoning, as well as traffic safety.
No protests or Objections being received, the Mayor
closed the public hearing, and upon a motion by Councilman Whitte-
more, Ordinance No. 1749 New Series amending Section 17.12.020 of
Chapter 17.12 (Zoning Map) of the Municipal Code of the City of
Bakersfield was adopted by the following ~vote:
Ayes: Councilmen Heisey, Hosking, Rees, Vetter, Whittemore
Noes: None
Absent: Councilmen Rucker, Stiern
Bakersfield, California, August 5, 1968 Page 13
L95
This was the time set for hearing before the Council on
request by Otho C. Crouse to amend the zoning boundaries from an R-1
(Single Family Dwelling) Zone to an R-3-D (Limited Multiple Family
Dwelling - Architectural Design) or more restrictive Zone, of that
certain property in the City of Bakersfield located one block east
of Mr. Vernon Avenue on Bernard Street.
This hearing has been duly advertised and posted and no
written protests have been received in the City Clerk's office.
At a public hearing held July 3, 1968, the Planning Com-
mission considered the above mentioned request and would recommend
approval of subject zoning as outlined as it is not in basic conflict
with the general arrangement of land uses as depicted on the Bakers-
field Metropolitan Area General Plan.
No protests or objections being received, the Mayor closed
the public hearing for Council discussion. Upon a motion by Council-
man Rees, Ordinance No. 1750 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 one block east of Mr. Vernon Avenue on Bernard Street, was
adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Vetter, Whittemore
Noes: None
Absent: Councilmen Rucker, Stiern
This was the time set.for hearing before the Council on
Public Improvement District No. 827 for the construction of curbs,
gutters, sidewalks, driveway approaches and alley returns, located
within the SO. ½ of Block 198, Lots 12 through 32 of Block 200, So.
~ of Block 201, 229, 230, 231, 232, 233, 236 and the No. ½ of Block
237 in the vicinity of Beale Avenue and East California Avenue. This
hearing has been duly advertised and posted. Notices have been sent
to all property owners in the area, and one written protest was
] 9'6
Bakersfield, California, August 5, 1968 - Page 14
received in the City Clerk's office from Fred L. Bridge of 131
Baker Street. No one in the audience offering any objections,
Mayor Karlen closed the public bearing for Council discussion.
Upon a motion by Councilmen Hosking, Resolution No. 68-68 of the
Council of the City of Bakersfield ordering the Work in Public
Improvement District No. 827 and directing the City Clerk to post
Notice Inviting Bids therefor, was adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Vetter, Whittemore
Noes: None
Absent: Councilmen Rucker, Stiern
Upon a motion by Councilman Hosking, Resolution No. 69-68
of the Council of the City of Bakersfield ascertaining and deter-
mining the prevailing rate of wages to be paid in the matter of
"Public Improvement District No. 82?", in said City, was adopted
by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Vetter, Whittemore
Noes: None
Absent: Councilmen Rucker, Stiern
This was the time set when any person owning real pro-
perty within territory designated as Plaza No. 1, 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 published and notices were
sent to each property owner who has filed his name and address
and a general description of the land sufficient to identify it
on the last equalized county assessment roll, with the City Clerk.
Ap, proximately 750 written protests were filed with the City Clerk
and one letter in favor of the annexation was received from
Russell A. Paulson, 1412 Saxon Street.
Mayor Karlen invited all persons who wished to express
any objections to the proposed annexation to do so at this time.
Bakersfield, California, August 5, 1968 Page 15
In reply to a question from Dr. Sam Schrieber, Councilman
Hosking explained that to initiate the annexation, one-fourth of
the qualified electors residing within the territory submitted a
formal request in the form of a petition asking that the territory
be annexed to the City. At the time set for hearing protests, the
City Council shall not take further proceedings if protest is made
by private owners of over one-half of the value of the territory
proposed to be annexed. The value given such property for protest
purposes shall be that shown on the last equalized assessment roll.
Mr. Larry Newcomb appearing for the group circulating
petitions opposing the annexation advised that he had filed over
700 petitions in opposition to the annexation with the City Clerk
this afternoon. Both Mrs. John Degnin and Dr. Howard Grove voiced
their opposition to the annexation.
Mrs. Raymond Reischman stated that she lives in this area
and that more than 1440 registered voters in the area signed the
petition initiating the annexation, and she would say that more than
half of the people present were in favor of the annexation. Mr.
E. L. "Jack" Armstrong of 320 South Garnsey Avenue, stated he is in
favor of the annexation, he hates to pay taxes, but would rather pay
them locally than to the state or federal government. He believes
that annexation will solve many of the City's problems mainly by
bringing in more industry and more jobs.
Mayor Karlen closed the public hearing at this time.
Councilman Hosking moved to recess hearing for two weeks to permit
the staff to tabulate the written protests and determine whether
or not a majority protest has been made.
Assistant City Attorney Ray Clayton stated that Mr. Bergen
has been checking the written petitions which had been filed earlier
with the City Clerk, and he would urge the Council :if it is reason--
able and logical to make the determination tonight that there were
insufficient protests filed to terminate further proceedings, to do
so this evening, so that the ten day period for filing supplemental[
Bakersfield,' California, August 5, 1968 -Page 16
protests could start immediately.
· City Manager Bergen stated there were 3500 'individual
parcels of property in the area, so that these petitions would
only involve about 25% of the assessed valuation of the land.
After Council discussion, Councilman Hosking stated
that if the City Manager and City Clerk were satisfied that there
has not been a majority protest, he would withdraw his previous
motion, and moved to adopt a resolution finding that a majority
protest had not been received for the purposes of this hearing,
and that the hearing be recessed for two weeks to grant the re-
quired ten days for filing supplemental protests. This motion
carried by the following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Beisey, Rosking, Rees, Vetter, Whittemore
None
Councilmen Rucker, Stiern
Councilman Vetter asked Mr. Clayton to prepare a resume
of the proceedings required for the annexation of territory to
the City so that the Council and the public will be familiar with
what is necessary to fulfill the obligations in an orderly fashion.
Mayor Karlen announced tha~ City Manager Bergen had
appQinted AsSistant Fire Chief Robert S. Paddock as the new Chief
Engineer of the Fire Department to become effective immediately.
Adjournment.
There being no further business to come before this
Council, upon a motion by Councilman Vetter, the meeting was
MAYOR of the ' y
ATTEST:
CITY CLEI~K and Ex-Off~cio Clerk of the Council
of the City of Bakersfield, California
Bakersfield, California, August 19, 1968
1.99
Minutes of the regular meeting of the Council of the
City of Bakersfield, California, held in the Council Chambers of
the City Hall at eight o'clock P. M. August 19, 1968.
The meeting was called to order by Mayor Karlen followed
by the Pledge of Allegiance and Invocation by the Reverend Roy E.
Harvey of Kern Union Church.
The City Clerk called the roll as follows:
Present: Mayor Karlen. Councilmen Heisey, Rees, Rucker, Stiern,
Vetter, Whittemore
Absent: Councilman Hosking
Minutes of the regular meeting of August 5, 1968 were
approved as presented.
Correspondence.
Pursuant to an urgent request from Senator Walter W.
Stiern, upon a motion by Councilman Stiern, the Mayor was authorized
to communicate with Governor Ronald Reagan on behalf of himself and
the City Council, urging him to sign Assembly Bill 561, authorized
by Assemblyman Kent H. Stacey and co-authored by Senator Walter W.
Stiern, which would make Red Rock Canyon area a State Park.
A communication from Reverend Daniel J. McDowell, pastor
of the Pleasant View Missionary Baptist Church, requesting the
installation of a four-way stop sign and crosswalks at DeWolf and
So. Haley Streets was read, and upon a motion by Councilman Rucker,
the request was referred to the Traffic Authority for study and
recommendation back to the Council.
Mayor Karlen announced to those people who were present
for the continued hearing on Plaza No. 1 annexation, that approxi-
mately 865 supplemental petitions had been filed and it would be
necessary to complete the tabulation of these petitions before it
could be determined whether or not
Upon a motion by Councilman Heisey,
the Council meeting of September 3,
a majority protest had been made.
this hearing was continued untll
1965. City Attorney Hoagland
called attention to the fact that insofar as presenting any further
protests, public participation in this question is now closed.
2OO
Bakersfield, California, August 19, 1968 - Page 2
Mayor Karlen informed those people present for the pur-
pose of participating in the public hearing set for this evening
on an appeal by the Neighborhood Protest Committee 'to the decision
of the Board of Zoning Adjustment granting the application of the
Reverend Ralph J. Belluomini for a Conditional Use Permit for the
operation and maintenance of a home for approximately 20 non-
delinquent boys in an R-3 (Limited Multiple Family Dwelling) Zone
on that certain property commonly known as 1924 "B" Street, that a
request had been made by this Committee to postpone the hearing
for 30 days. The Mayor stated that since
that area was not present at the meeting,
to defer the hearing for his comments.
the Councilman from
it might be appropriate
Reverend Belluomini, who was present in the audience,
stated that the escrow on the property would expire before 30 days,
and after discussion, upon a motion by Councilman Stiern, the
hearing was continued until Tuesday, September 3, 1968. Council-
man Vetter then made a motion that a postcard be sent to all those
persons previously notified, that the hearing had been continued
for two weeks.
Mayor Karlen read a communication from C. C. Carpenter,
Superintendent of Schools, requesting the City Council to submit
certain changes in the City Charter to a vote of the people at the
general election to be held in November, 1968. These amendments
would allow for election and appointment of the members of the
Bakersfield City School District in the manner used by other school
districts in Kern County.
City Manager Bergen stated that he and the City Attorney
had looked over the recommendations contained in this communication
and they do not feel there is any problem as far as the City is
concerned. As it is necessary to act on this mattel. at the
September 3, 1968 meeting, the City Attorney advised that he
would have the proper resolutions prepared for the consideration
of the Council. Upon a motion by Councilman Stiern, the communi-
cation was received and ordered placed on file, for Council study
before the next meeting.
Bakersfield, California, August 19, 1968- Page 3
Mayor Karlen read a telegram from Jack D. Collier asking
if it is legal to race from Truxtun Avenue to Brundage Lane on
Chester Avenue every Friday, Saturday and Sunday and requesting the
Council and Mayor to check it for themselves. Upon a motion by
Councilman Heisey, the matter was referred to Chief of Police Towle
for study and recommendation.
City Manager Bergen called the attention of the Council
to 127 postcards addressed to the City Council supporting the Sani-
tation Workers in their request for pay increases and better fringe
benefits and read a number of them to the Council. These cards were
then filed with the City Clerk.
Mayor Karlen announced that a public hearing would be held
by the Kern County Water Agency on Thursday, August 29, 1968, on
proposed zones-of-benefit in the San Joaquin Valley portion of
Kern County.
Council Statements.
Councilman Stiern stated he wished to comment on annexa-
tion election information being circulated in a handbill by opponents
to the Plaza No. 1 annexation, which in his opinion is a very vivid
distortion of the truth. In an election such as this there are
probably three groups of people involved, those who are very much
against the annexation, those who are very much for the annexation,
and a middle group who are probably looking at the facts, considering
their own circumstances and trying to make up their minds as to
whether or not the annexation would be good for them. There are
individuals in the Plaza No. 1 area with sewer and septic tank
problems who are very seriously thinking about whether annexation
to the City would be a solution of their problems. They are being
given all kinds of inaccurate information, information which purports
to quote the Stanford Research Institute Report and which has been
used to make a biased point. He urged that the information put out
by both opponents and proponents be as actual and factual as possible,
and if they are going to quote from the Stanford Research Institute
Report, that it be a direct quote from the document, and in fact,
give the page and line, which is the only fair way to approach it.
Bakersfield, California, August 19, 1968 - Page 4
Mayor Karlen stated that he had appeared before various
groups speaking on annexation to the City, and he had found state-
ments being made that were, in fact, distortions of the truth,
which makes it very difficult for those people in public office
who must stand by what they say, to argue with those who distort
the truth. He had felt for some time, that anyone who is going
to speak on a subject and quotes statistics and facts, should have
a basis for what he says, but he doesn't know how you can legally
enforce such things.
Councilman Stiern commented that these people were being
told that if they annex to the City, they will be charged for
street lights, they will be charged for curbs and gutters, immedi-
atley upon annexation, and that they can't afford this type of
improvement. This is not true, if this work is done, it will
require a public improvement district which must be first approved
by the property owner.
Councilman Heisey stated he thinks these points are
well taken, however, it has been his experience that people who
put out information which is untrue are eventually caught up in
it, and he is sure that if an election is held, the truth will
become clear to the people in that area.
Councilman Heisey commended Brigadier Herbet Sainsbury
of the Salvation Army, who is leaving Bakersfield and who has made
a real contribution to the community during the time he has served
here. He publicly expressed his appreciation to Brigadier Sains-
bury and wished him every success in his transfer to Portland,
Oregon.
Councilman Heisey stated that he had received a letter
from Captain J. Edward Snyder, Jr., the commanding officer of the
USS New Jersey, which is the only commissioned battleship in the
world presently operating. In his letter, Captain Snyder expressed
his thanks on behalf of his officers to Councilman Heisey and the
other members of the Bakersfield Navy League Council for the
luncheon and fellowship enjoyed on August 7th when they visited
the battleship. He also wanted to thank Mayor Karlen and the people
of Bakersfield for the key to the City and the City plaque presented
to him.
Bakersfield, California, August 19, 1968 - Page 5 ~03
Councilman Rucker asked Director of Public Works Jing to
check up on a complaint from one of his constituents regarding
heavy weed growth near his residence on a Southern Pacific spur
track. Mr. Jing stated they would contact the railroad company
regarding this.
Mayor Karlen announced that he had received Mr. John
Brock's resignation as a member of the Bakersfield Redevelopment
Agency and it is now necessary for another appointment to be made
from the Mayor's office. He urged the Council to submit names to
him for consideration.
City Manager Bergen commented that a request had been
received from a businessman to remove his name from the petition
protesting against the proposed annexation of Plaza No. 1 area, and
that he is preparing a list of the names of all persons signing
these petitions for each member of the Council.
Councilman Vetter stated that it was very apparent that
most of the opposition to the Plaza No. 1 annexation was coming
from County firemen and asked if anyone from the staff had sat down
with these people to find out what their principal reason is for
opposing the annexation. Mr. Bergen stated he really doesn't think
there is an answer to this. Reading between the lines, there seems
to be the fear that if the City boundaries expand, fewer County
firemen will be employed or transferred to another fire station.
Councilman Whittemore stated there is a term which is
used in connection with the police and fire departments in some
cities which is "functional consolidation" and some members of the
Kern County Firefighters would like to see functional consolidation
within the eleven incorporated cities of the County of Kern, of all
fire departments into one County Fire Department, which in turn
would contract with all the cities for fire fighting services.
This is why many of the County Fire Department employees are opposing
any proposed annexations to the City.
Bakersfield, California, August 19, 1968 - Page 6
Councilman Stiern stated he understood it was a state-
wide policy for County Fire Departments to oppose annexations to
the cities. As he commented earlier, the people who are making up,
their minds whether annexation is good for them, whether they need.
city facilities, are entitled to other information than the fact
that the nice fellow next door to them is going to be inconvenienced
because he is going to have to drive a little further to work.
City Manager Bergen stated he thinks the best thing the
city can do is to operate as it has in the
public will begin to see this, because the
the duplication of services.
595,
past and hope that the
public is paying for
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers Nos. 378 to
inclusive, in amount of $92,371.93, as audited by the Finance
Approval Committee were allowed, and authorization was granted for
payment of same.
Hearings.
Mayor Karlen announced that the order of the agenda would
be changed and public hearing would be held at this time for pro-
tests and objections to the intention of the City Council to
establish a Business Promotion District in that portion of Down-
town Bakersfield bordered by 23rd Street on the north, Truxtun
Avenue on the south, "F" Street on the west and "N" Street on the
east; to the extent of taxes to be levied to support said District
and whether public convenience and necessity require the formation
of such a district. Notice of this hearing was duly published,
copies of Resolution No. 65-68 and Ordinance No. 1741 New Series
were sent to 593 property owners as shown upon the last equalized
assessment roll of Kern County and to the businesses which conduct
activites within any proposed or established Business Promotion
District as shown upon the active business licenses on file with
the Auditor-Controller.
Written protests were received from the following:
Ed Fant Buick 24th at "M" Street
Gene Winer Cadillac 2301 "H" Street
Hawk Oldsmobile Co. 2300 "H" Street
John Philip Bentley 2031 "B" Street
')05
Bakers£ield, California, August 19, 1968 - Page 7 ~
W.G. Willoughby & Son
Arthur D. Fenderson, D.D.S.
F.W. Woolworth Co.
Seaboard Management Company
gizzard, Baker, Sullivan &
McFarland
Bonnie R. Welch
Manuel J. Carnakis, dba
Acme Loan & Jewelry
(To this letter was
attached a petition
containing 22 signatures
of owners of businesses
in 1100 and 1200 Block on
19th Street)
Melvin Walter Magnus representing
Acme Loan & Jewelry
Alan's Kern Jewelry & Loan
Dawil Tools & Loans
Globe Loan & Jewelry Co.
Rubin Bros. Jewelry & Loans
Mr. Roland Woodruff, attorney,
2216-18 Eye Street
1919 "G" Street
1400 19th Street
2300 Chester Avenue
1801Truxtun Avenue
1206 - 18th Street
1218 - 19th Street
1218 - 19th Street
1223 - 19th Street
1217 - 19th Street
1124 - 19th Street
1129 - 19th Street
stated he was present to-.
night representing the Downtown Business Association, the proponents
of the proposed resolution to form the Business Promotion District.
This is not a new concept, it has been brought before the Council
and discussed for many years. However, tonight there is a positive
and definite ordinance. The reason for establishing this promotion
district is an attempt to stimulate downtown business. Practically
everyone in the community is aware and concerned about what is
happening in the downtown business area for the past few years, in.
its very apparent deterioration, loss of business, loss of taxes and
assessment values. The downtown merchants have attempted to solve
this matter for themselves they haven't called on any members of
the City to help them supply the answer to this problem, they recog-
nize that it has probably been caused by many different things, the
most apparent being the rise o£ shopping centers in the outside areas,
but also the lack of business promotion among themselves. There is
really no great argument on whether or not this district is necessary
in the downtown area. Probably the opponents have their own interests
to present and perhaps they are very valid in this feeling, but the
basic concept is fundamental, it is urgently needed and will serve
a purpose which will be acceptable to all.
As an attorney it is difficult to say that he will welcome
having his business tax doubled or trebled~ and that he can see any
Bakersfield, California, August 19, 1968 - Page 8
immediate benefit from it. It is definitely a benefit having his
office in the central section, and he can realistically say that
the success and economic benefit or enhancement of the downtown
area has helped him. Every professional man's business will be
increased by more people coming into the area. The people in the
downtown area themselves have asked for and sought this very
necessary district, and whether the boundaries are changed one
way or another to make a more equitable situation, whether or not
the business licenses in some specific instances should be in-
creased or decreased to be more equitable, the basic concept is
what these people feel is essential.
Mr. Woodruff went on to explain that a committee was
active in the downtown business association who did review the
boundaries and tried in their own opinion to determine an area
which would be the most equitable and did prepare a schedule of
rates which they felt would be more equitable. However, they
didn't have an opportunity to hold a hearing like is being held
tonight to hear the opinion of each individual.
No other proponents wishing to speak at this time, Mr.
Gene Winer of Gene Winer Cadillac, expressed appreciation for the
changing of the agenda so that this matter could be heard at this
time, and stated that he was talking for himself, Ed Fant Buick
and Bill Hawk Oldsmobile. They are not opposed to the formation
of the Business Promotion District merely requesting exclusion
from the District. The position of these three businessmen is
stated very clearly in the letters which were previously filed
with the City Clerk. Mayor Karlen read all three letters in which
it was stated that exclusion is requested because it is entirely
possible that the development of State 178 Freeway may begin
within the next new years, and it will be necessary to relocate
these three automobile agencies somewhere else, thus depriving
them of any benefits in the business promotion plan. Inasmuch as
these businesses are located on the outer fringe of this district,
they do not feel that any benefits will be derived with the addi-
tional taxes which will be imposed. They therefore feel that
inclusion in the Business Promotion District is detrimental to
their best interests, and the tax involved would be discriminatory,
arbritary and inequitable, as they are being asked to help finance
a project which would benefit them very little, if any.
'>07
Bakersfield, California, August 19, 1968 - Page 9 ~
Mr. Manuel J. Carnakis, owner of the Acme Jewelry and
Loan Company, had also filed a letter of protest with the City
Clerk to which was attached a petition signed by all the owners of
businesses within the l100 and 1200 Block on 19th Street that are
situated within the boundaries of this proposed district, with the
exception of the Toy Circus which is moving out of the area.
Mr. Carnakis addressed the Council stating that if he is
included in the proposed district, his license tax will escalate
up to over one thousand dollars.
is too high in its present form,
more money to do business in the
He believes that the license tax
however, he knows that it costs
City of Bakersfield and is happy
to pay more.
year, at the
to operate
to operate
license at
Operating a pawnshop in the County costs $60.00 per
present time pawnbrokers are paying $26.00 a month
in the City. They are required to have three licenses
a pawnshop within the City of Bakersfield, a pawnbroker's
$200.00, a second hand dealer's license at $100.00, and
a regular retail business license. They don't mind paying a little
more, but they don't want to be run out of business. Me stated he
cannot continue in business with a license tax of over one thousand
dollars a year.
The businesses in that area were given to understand that
the boundary of the district was going to be cut off at "L" Street.
Therefore, the Council can do one of two things, they can exclude
these businesses, or they can eliminate at least the two high
priced licenses. If they double or triple just the retail license,
the businessmen in this area will not have too great an objection,
but they do object to paying over a thousand dollars a year to do
business in the City of Bakersfield.
Bennett Siemon, an attorney practicing law in the Haber-
felde Building, addressed the Council, stating that the purpose of
this district is to stimulate downtown business. In his opinion
this relates to commercial business, not professional business.
ordinance as proposed would triple the present license tax that
attorneys pay. Inasmuch as the amount of business in the downtown
area does not affect his business in any manner whatsoever, he does
not feel that the lawyers should be required to pay for the promotion
Bakersfield, California, August 19, 1968 Page 10
of business for the merchants.
Mr. James Vizzard addressed the Council stating that he
is an attorney and represents his partners, and they too, under-
stood that the boundaries were to be cut off at "G" Street, but
he discovered they are in the extra half block of the proposed
district. This particular move is not of any assistance, business~-
wise to attorneys, and he agrees with Mr. Siemon that lawyers
should not be required to pay for the promotion of business for
the merchants. He stated he is extremely cynical about the pur-
pose of creating a slush fund to be used for general business
promotion, to ~et a band, have a parade and do some advertising.
It will not help the general businessman, much less an attorney
or a doctor.
Mr. John Bentley spoke in protest to the proposed Dis-
trict, stating that there are a number of inequities, he is forced
to pay thousands of dollars to the City and County in inventory
taxes, and he would suggest that if they intend forming this
District, every businessman in the City of Bakersfield should
participate.
Bonnie R. Welch, proprietor of the store known as "The
Book Exchange" located at 1206-18th Street, stated that she is not
in favor of the proposed business promotion district, and the
increased taxing of small businesses such as her store would pro-
bably mean the closing of her business.
Mr. Gene Willoughby stated he has had his automotive
machine shop at 2216 Eye Street for fifteen years and is opposed
to the business promotion district.
Mr. Steve Magnus stated he thought it would be a good
idea to leave the parking meters in the downtown area and use that
money for improvements in the downtown area.
Mr. George Xezonatos, owner of Vest Drug Store, stated
that the great source of tax income is derived from the business
promotion district and they are trying to revitalize the.downtown
district. They are talking about millions of dollars and it is
going to take a lot of encouragement to move in and get this
Bakersfield, eal±fornia, August 19, 1968 - Page 11 209
district started. The promotional district is a very small part
of their plans for this area. The fact remains that the economy
of downtown is vitally dependent on a source of revenue by which
they can promote downtown. Petitions have been signed representing
the assessed valuation and representing the people within this area,
asking to be taxed in order to have a budget to promote downtown as
it should be promoted, and he believes all the secondary problems
can be resolved.
Mr. John Brock stated he really hasn't heard much in the
way of arguments against the promotion district, he is for it. It
is going to cost him more money, but it will be well spent. He
understands the problem of the gentlemen who will eventually have
the freeway force them into another location, but in the meantime
they should pay their share and get on with promoting downtown. He
stated that professional men would not have located in the downtown
area unless it was important to them. This program is essential
for the future of downtown and will also benefit tile people in the
residential area.
Mr. George Day stated he is a promoter and has lived in
Bakersfield about 25 years. He is supporting this promotion district,
although there are probably some inequities~ but the downtown busi-
ness area has had to fight very hard to keep business there. They'
need assistance to bring in more business and keep the business
they have.
Mr. Lloyd Plank stated he was in business in the downtow~n
area, and reminded the Council that a couple of years ago petitions
were signed by 95% of the people in that area who asked to be taxed
to raise money to promote business in the downtown area~ to have a
central core of Bakersfield. If they don't have a core, they don't
have a city.
Mr. Richard Newman stated he had just recently acquired a
business in downtown Bakersfield and he has no objections to being
taxed for the funds to promote Bakersfield.
210: Bakersfield, California, August 19, 1968 - Page 12
Rebuttal was permitted by opponents and after some further
discussion, Mayor Karlen declared the public hearing closed for
Council discussion. Councilman Rees stated that they know there
will be inequities, there can't help but be, but they don't want
gross inequities and he hopes that the necessary revisions can be
made to eliminate the gross inequities where they may fall, and
further than that, he hopes that the whole licensing structure
of the City of Bakersfield will be brought under study in terms
of inequities in fairness to everybody concerned. ~t has been
suggested by the staff that such a study is timely.
Councilman Heisey concurred with Councilman Rees, stating
that the downtown business association has worked a long time for
this and while they are not unanimous, a vast majority of the
people in the business district do want this promotion district
and it is certainly a step in the right direction. He stated he
is in favor of seeing it started and the business area should be
commended for wanting to have their own district and not asking
the other city areas to support the program with tax money, they
deserve a pat on the back and all the encouragement the Council
can give them. He feesl that there are inequities in the bound-
aries, he cannot see the logic in expanding beyond the streets
where they were the first time it was presented, he thinks this
will eliminate 90% of the objections.
Councilman Vetter stated that the people who are in
favor of the district are the ones who will benefit the most. He
asked why the business promotion district could not be handled by
the Downtown Business Association now, instead of forming a dis-
trict, why not form an assessment type of program for the people
downtown who really want this type of promotion. Mr. Plank has
indicated that 95% of the people in this area were in favor of
increased taxation and he cannot see why it couldn't be put on a
voluntary basis. Mr. Plank also stated that it is the only way
he knows to assure all properties within the area will share the
cost of the program. He agrees that the area needs to be promoted
but he is not sure that the person who doesn't want it should be
forced to pay for it.
Ol 1
Bakersfield, 0alifornia, August 19, 1968 -Page 13 Ia
Councilman Vetter thinks the Downtown Business Association
has the vehicle to do it, if it is properly sold. It will take the
cooperation of the entire business community supporting the down-
town businessmen to promote the district on their own.
Councilman Stiern stated he thinks the discussion tonight
points up the necessity for the constant revision of the license
tax. The Council is trying to revise the license ordinance to make
it equitable for everyone, the Committee has accomplished about half
of the work and has reviewed half of the business licenses, and he
thinks the other half is overdue, this discussion tonight points up
the necessity of finishing the work on it. He doesn't like the
business license tax and thinks it is incumbent on the Council to
be as fair as possible to everybody concerned, he doesn't like the
inequities that exist between the businessman in the City and the
businessman in the County.
Councilman Stiern asked why the scope and boundaries of
the business promotion assessment area have been enlarged to cover
half a block around the borders of the proposed Downtown Redevelop-
ment Agency, he thinks it would be sensible if they were coterminous
with the same borders. Probably half of the protestants here to-
night fall within the area of the enlargement of the original
concept.
City Attorney Hoagland stated he thinks it is incumbent
on him to answer Councilman Stiern. No one is as conversant with
this particular problem as he is, and while he was on vacation, his
assistant was told that these were the desirable boundaries for the
establishment of this business promotion district, and they were
drawn accordingly. If he had been in his office, he would have
argued against the inclusion of new boundaries because it has always
been his understanding that they would be coterminous with the
survey area. There is a resolution to follow if the district is
created. If there's a change in the proposed boundaries or a change
in the tax rates, it won't delay the resolution, but notices will
have to be sent out that changes are being considered, and a public
Bakersfield, California, August 19, 1968 - Page 14
hearing must be held, and at that time, if it is the desire of
the Council, the necessary resolution can be adopted.
After some further discussion, Councilman Heisey moved
that a continued hearing be held on September 3, 1968, on the
establishment of a Business Promotion District with a modification
of boundaries to be coterminous with the original survey area.
This motion carried unanimously. Councilman Vetter voted in the
negative on this motion.
City Manager Bergen pointed out that the estimated
revenue for the business license tax for the present boundaries
of the proposed promotion district would involve about $29,000 in
fees. If there is a uniform change in the business license, it
would be very simple to make a uniform change in the fees that
have been set up for the promotion district. He wanted to emphasize
that the business license was reduced 50% in the retail category
and there probably wouldn't be any change in that category.
The Council again engaged in discussion regarding an
equitable application of the business license fees. Councilman
Stiern made a motion that the purposes of taxation be limited to
the retail business license fee, or in the case of a business
that has more than one fee, it be restricted to the retail business
fee, subject to updating of the business license ordinance. After
discussion of Councilman Stiern's motion, Councilman Heisey
seconded it, and the City Attorney was instructed to prepare
wording so that individual businesses within the Business Promotion
District who pay a business license under Class I Business in
Ordinance 1741 New Series and who are required'to pay a business
license under other classifications relating to the same business,
shall pay an additional license tax only on the Class I Business
License. This motion carried unanimously.
Upon a motion by Councilman Vetter, the hearing was
continued until Tuesday, September 3, 1968.
Action on Bids.
Upon a motion by Councilman Whittemore, low bid of Kern
Sprinkler Company for the construction of Automatic: Irrigation
Systems and Tree Planters in South "H" Median Islands from Ming
Avenue to White Lane was accepted, all other bids were rejected,
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Heisey, low bid of Dicco, Inc.
for paving and improving Ming Avenue between Real Road and U.S. 99
Freeway, was accepted, all other bids were rejected, and the Mayor.
was authorized to execute the contract.
Adoption of Resolution No. 71-68 of
the Council of the City of Bakers-
field opposing the application of
the California Water Service Company
for a rate increase of 3.5% to offset
an increase in income taxes.
Upon a motion by Councilman Stiern, seconded by Council-
man Rucker, Resolution No. 71-68 of the Council of the City of
Bakersfield opposing the application of the California Water Service
Company for a rate increase of 3.5% to offset an increase in income
taxes, was adopted by the following vote:
Ayes: Councilmen Beisey, Rees, Rucker, Stiern, Vetter, Whittemore
Noes: None
Absent: Councilman Hosking
Adoption of Ordinance No. 1751 New Series
levying upon the assessed valuation of the
taxable property in the City of Bakersfield
a rate of taxation upon each one hundred
dollars of valuation for the fiscal year
beginning July 1, 1968 and ending June 30,
1969.
Upon a motion by Councilman Rucker, seconded by Council-
man Vetter, Ordinance No. 1751 New Series levying upon the assessed
valuation of the taxable property in the City of Bakersfield a rate
of taxation upon each one hundred dollars of valuation for the fiscal
year beginning July 1, 1968 and ending June 30, 1969, was adopted by
the following vote:
Ayes:
Noes:
Absent:
Councilmen Heisey,
None
Councilman Hosking
Rees, Rucker, Stiern, V'etter~ Whirremote
1 4 Bakersfield, California, August 19, 1965 - Page 16
City Manager Bergen stated that
cord to show that
deferral,
he would like the re-
of the $182,800.00 that had been considered for
they are recommending deletion of the following:
Item #24 $55,000
Item # 7 $25,000
Item # 6 $13,500
Item #11 $19,000
Sanitary Sewer along Mt. Vernon
Decrease from $62,000 to $7,000
Box Culvert at 30th Street
Wayside Park - Lighted Tennis
Courts
Stine Park, portion of develop-
ment deferred
It was recommended that an additional $17,000 be added
for the City's share of park with drainage sump improvements.
This will result in deletion of $95,500 to balance budget and
maintain the same tax rate as last year.
The only other change is to provide an additional
$100,000 in the Council's Contingency Fund in anticipation of the
Plaza and Union annexations. This will provide a $350,000 Con-
tingency Fund for the City Council. The tax rate will be $2.8721.
Approval of Contract with Eugene Jacobs,
Attorney, for legal services on behalf
of the Bakersfield Community Redevelop-
ment Agency.
Upon a motion by Councilman Vetter, Contract with Eugene
Jacobs, Attorney, for legal service on behalf of the Bakersfield
Community Redevelopment Agency was approved, and the Mayor was
authorized to execute the contract.
First reading of an Ordinance altering
the boundaries of the Fifth Ward of
the City of Bakersfield, California.
First reading was given an Ordinance altering the
boundaries of the Fifth Ward of the City of Bakersfield, Califor-
nia, to include California Avenue No. I which was recently annexed
to the City of Bakersfield.
First reading of an Ordinance of the
City of Bakersfield, California pro-
viding for the issuance of General
Obligation Bonds of said City in the
amount of $2,525,000.
First reading was given an Ordinance of the City of
Bakersfield, California, providing for the issuance of General
Obligation Bonds of said City in the amount of $2,525,000.
5
Bakersfield, ~alifornia, August 19, 1968 -Page 17 '~
Adoption of Resolution No. 72-68 of the
City Council of the City of Bakers£ield
providing for the sale of General Obli-
gation Bonds of said City in the amount
of $2,525,000.
Upon a motion by Councilman Stiern, Resolution No. 72-68
of the City Council of the City of Bakersfield providing for the
sale of General Obligation Bonds of said City in the amount of
$2,525,000 was adopted by the following vote:
Ayes: Councilmen Heisey, Rees, Rucker, Stiern, V'etter, Whittemore
Noes: None
Absent: Councilman Hosking
Adoption of Resolution No. 73-68 of the
City Council of the City of Bakersfield,
California, approving Official Statement.
Upon a motion by Councilman Whittemore, Resolution No.
73-68 of the City Council of the City of Bakersfield, California,
approving Official Statement was adopted by the following vote:
Ayes: Councilmen Heisey~ Rees~ Rucker~ Stiern, Vetter~ Whittemore
Noes: None
Absent: Councilman Hosking
First reading of an Ordinance amending
Section 17.23.040 (Front Yard) and
Section 17.23.050 (Side Yard) of the
C-O (Professional Office) Zone.
First reading was given an Ordinance amending Section
17.23.040 (Front Yard) and Section 17.23.050 (Side Yard) of the
C-O (Professional Office) Zone.
Approval of request from the Union Oil
Company of California to connect service
station at the southwest corner of Ber-
nard and Oswell Streets to existing
sewer main parallel to Bernard Street.
The Planning Commission considered a request from the
Union Oil Company of California to connect service station at the
southwest corner of Bernard and Oswell Streets to existing sewer
main parallel to Bernard Street and recommended that the Council
enter into a Sewer Rental Agreement with this company. Upon a
motion by Councilman Stiern, the recommendation was approved, subject
to certain conditions as outlined by the Director of Public Works.
Bakersfield, California, August 19, 1968 - Page 18
Approval of request from Stockdale
Development Corporation for annexa-
tion of certain properties west of
the California Avenue #l Annexation.
Upon a motion by Councilman Heisey, request from Stock-
dale Development Corporation for annexation of certain properties
west of the proposed California Avenue #1Annexatien was approved
and referred to the City Engineer and City Attorney for referral
to LAFC.
Approval of request from Giumarra Bros.
Fruit Company for annexation of certain
properties west of the City Landfill.
Upon a motion by Councilman Stiern, request from Giumarra
Bros. Fruit Company for annexation of certain properties west of
the City Landfill was approved and referred to the City Engineer
and City Attorney for referral to LAFC.
Approval of Plans and Specifications
for the installation of a Trunk Sewer
Line in Montclair Drive, north from
Stockdale Highway.
Upon a motion by Councilman Stiern, plans and specifica-
tions for the installation of a Trunk Sewer Line in Montclair
Drive, north from Stockdale Highway were approved, and the Finance
Director was authorized to advertise for bids.
Engineering Report for Public Improve-
ment District No. 801 referred back to
the City Engineer.
Upon a motion by Councilman Whittemore, Engineering
Report for Public Improvement District No. 801 was referred back
to the City Engineer.
Acceptance of Street Right of Way Deed
from the Bakersfield City School Dis-
trict for property required for a cul-
de-sac on 2rid Street between "A" Street
and Holtby Road.
Upon a motion by Councilman Vetter, Street Right of Way
Deed from the Bakersfield City School District for property re-
quired for a cul-de-sac on 2nd Street between "A" Street and
Holtby Road was accepted.
Bakersfield, California, August 19, 1968 Page 19 ~17
Upon
from Marion C.
Acceptance of Street Right
from Marion C. and Cleo P.
Cleo Court.
of Way Deed
Barnard for
a motion by Councilman Rees, Street Right of Way Deed
and Cleo P. Barnard for Cleo Court was accepted.
Acceptance of Work and Mayor authorized
to execute the Notice of Completion of
Contract for Construction of Sanitary
Sewer in Oakbank Road.
Upon a motion by Councilman Vetter, the Work was accepted,
and the Mayor was authorized to execute the Notice of Completion of
the Contract for the Construction of Sanitary Sewer in Oakbank Road.
Approval of Agreement between the City
of Bakersfield and the Southern Pacific
Company for installation of a traffic
signal interconnect conduit across rail-
road right of way as part of the South
"H" Street project between Ming Avenue
and White Lane.
Upon a motion by Councilman Whittemore, agreement between
the City of Bakersfield and the Southern Pacific Company for installa-
tion of a traffic signal interconnect conduit across railroad right
of way as part of the South "H" Street project between Ming Avenue
and White Lane was approved and the Mayor was authorized to execut,~
same.
Approval of Street Lighting Plan for
Tract No. 3136.
Upon a motion by Councilman Heisey, Street Lighting Plan
for Tract No. 3136 was approved.
Approval of Plans and Specifications
for Storm Drain in Chico Street and
East California Avenue between Lake-
view Avenue.
Upon a motion by Councilman Rucker, seconded by Councilman
Heisey, plans and specifications for storm drain in Chico Street and
East California Avenue between Lakeview Avenue were approved and the
Finance Director was authorized to advertise for bids.
Bakersfield, California, August 19, 1968 Page 20
Approval of Plans and Specifications
for Storm Water Pump and Force Main
near the intersection of Golden State
Avenue and "F" Street.
Upon a motion by Councilman Rees~ Plans and Specifica-
tions for a Storm Water Pump and Force Main near the intersection
of Golden State Avenue and "F" Street were approved, and the
Finance Director was authorized to advertise for bids.
Hearings.
This was the time set for hearing before the Council on
Resolution of Intention No. 832 of the Council of the City of
Bakersfield declaring its intention to order the vacation of a
Public Utilities Easement in Tract 3101, City of Bakersfield.
The request for this vacation was made by Elmer F. Karpe, Inc.
and has been approved by the Planning Commission. This hearing
has been duly published and posted and no written protests have
been received in the City Clerk's office.
No one o£fering any protests or objections, the Mayor
closed the public hearing, and upon a motion by Councilman Rees,
Resolution No. 74-68 ordering the vacation was adopted by the
following vote:
Ayes: Councilmen Heisey~ Rees~ Rucker, Stiern~ Vetter,
Whittemore
Noes: None
Absent: Councilman Hosking
This was the time set for hearing before the Council on
Resolution of Intention No. 833 of the Council of the City of
Bakersfield, California~ declaring its intention to order the
vacation of a portion of Sonora Street north of Sumner Street in
the City of Bakersfield, California. Request for this vacation
was made by the Kern County Land Company and has been approved by
the Planning Commission.
This hearing has been duly posted and no written pro-
tests have been received in the City Clerk's office. No one in
Bakersfield, California,
the audience offering any protests
August 19, 1968 - Page 21
or objections, the Mayor de-
clared the public hearing closed for Council discussion. Council-
man Whirremote made a motion that the Resolution ordering the
vacation be granted.
Councilman Heisey stated that he can't see what the City
has to gain by giving this portion of Sonora Street to the Kern
County Land Company when there is the potential that in the future
the City may want it. After discussion, Director of Public Works
Jing was instructed to ask the Kern County Land Company why they
requested this vacation. ~
Councilman Vetter offered a substitute motion that the
hearing be continued for two weeks for further review by the Council,
which carried unanimously.
Adjournment.
There being no further business to come before the Council,
the meeting was adjourned at
upon a motion by Councilman Stiern,
11~:55 P.M.
MAYOR of the City of
Bake rs f i~11d~ d ,~, ai if.
')19
ATTEST:
'
ClT~Y ~RK a~nd 1 of the Council
of the City of Bakersfield, California
Bakersfield, California, September 3, 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. September 3, 1968.
The meeting was called to order by Mayor Karlen, followed
by the Pledge of Allegiance and Invocation by the Reverend Paul
Mangum of the First Nazarene Church.
The City Clerk called the roll as follows::
Present: Mayor Karlen. Councilmen Hosking, Rees, Rucker, Stiern,
Vetter, Whittemore
Absent: Councilman Heisey
Minutes of the regular meeting of August 19, 1968 were
approved as corrected.
Service Award Presentation.
At this time, Mayor Karlen presented a 30 year service
award pin to Walter W. Smith, who entered the service of the City
on August 24, 1938, succeeding his father H. H. Smith as City
Treasurer, Tax and License Collector.
Scheduled Public Statements.
Mr. James Burke, president of the Greater Bakersfield
Chamber of Commerce, addressed the Council at this time, congratu-
lating them on keeping the tax rate at its present level. He
stated that those who are involved in selling Bakersfield to
investors coming to the community really appreciated this boost
and they are very proud of the Council for demonstrating such
fiscal responsibility. He also complimented the City Manager and
his staff for doing a very fine job.
Mr. Eddie Hare, representing the Youth Council of the
NAACP, stated that the Youth Chapter is proud to have started its
SWOP (Special Work Opportunity Program) with its major goal being
to provide gainful employment for youth and to promote training
motivation in job finding. He thanked Mayor Karlen for his co-
operation in proclaiming August 20, 1968 as "SWOP DAY." He stated
Bakersfield, California, September 3, 1968 - Page
that participation by the businessmen of the community has not been
as great as expected, but his group is calling on tlhe various ser-
vice clubs and businessmen asking for support and gainful employment
for the disadvantaged youth in the community.
Mayor Karlen commented that Mr. Glen Mark will report on
the progress of the "Hapiness is a Summer Job" program at the next
Council meeting.
The Mayor announced that the next meeting of the South San
Joaquin Division of the League of California Cities will be held at
Bruoe's Lodge in Fowler, California, Friday, September 13, 1968, at
which time the California Taxpayers' Association will comment on
the Watson Initiative - Property Tax Limitation.
Council Statements.
Councilman Whittemore reminded the Council that he is its
representative on the Regional Area Planning Commission and that he
is of the opinion an alternate should be appointed to attend these
important meetings when he has a conflict in meeting dates and is
unable to be present. He stated that Councilman Vetter has indicated
he would be willing to act in this capacity, and upon a motion by
Councilman Whittemore, seconded by Councilman Hosking, Councilman
Vetter was appointed as an alternate representative of the Council
on the Regional Area Planning Commission.
Councilman Stiern introduced a resolution for adoption by
the Council proposing an initiative measure to the Constitution of
the State of California for a tax credit to residents of the incor-
porated cities on their County Property Tax levies, and read the
resolution which urged the League of California Cities to adopt a
Resolution instructing its Executive Committee to prepare an approp-
riate initiative measure to the Constitution of the State of Califer-
nia for the purpose of terminating unjust taxation imposed on
Bakersfield, California, September 3, 1968 - Page 3
incorporated taxpayers by County governments. Accordingly, the
initiative shall provide that the State Board of Equalization
shall perform in a supervisorial role to equalize the administra-
tion, collection and equity of such tax levy between incorporated
and unincorporated taxpayers in the total tax levy of the Counties
of California.
Further, a tax credit shall be stipulated by the Board
of Equalization to City taxpayers against each County of Califor-
nia property tax bill for any services that are not provided on a
uniform basis both within and without the cities in such counties
and the League is urged to seek passage of this initiative measure
by the June, 1970 Primary Election.
Councilman Stiern, seconded by Councilman Whittemore,
moved adoption of this Resolution No. 82-68 which carried by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Hosking, Rees,
Whittemore
Rucker, Stiern, Vetter,
None
Councilman Heisey
Councilman Stiern requested that
a copy of this resolu-
tion be forwarded to the Resolutions Committee of the League of
California Cities for its consideration and approval and for pre-
sentation to the League Convention in Los Angeles in October,
prior to September 12, 1968, which is the deadline set by the
Connuittee for the submission of proposed resolutions. Copies were
also ordered sent to the 10 cities in the Association of Kern
County Cities who have been studying this matter for many years
and have made very little progress in discussions with the Board
of Supervisors of Kern County. This must be rectified on a state-
wide basis.
Councilman Stiern also requested that copies be sent to
all the cities in the South San Joaquin Division of the League of
California Cities before the September 13th meeting in Fowler, an
advance copy to the League of California Cities, a copy to Council-
man Clifford Loader who is on the Executive Board of the League of
California Cities, and copies to the independent cities of Los
Angeles County who have experienced similar problems. He stated
that he hopes to present this resolution to the cities of the
South San Joaquin Division of the League of California Cities for
Bakersfield, California, September 3, 1968 - Page 4 223
their favorable adoption which would strengthen the momentum of the
resolution considerably before the October League Convention in Los
Angeles.
Mayor Karlen announced that he would have a resolution for
the consideration of the Council at its next meeting, to be presented
to the National League of Cities before September 16th, which is the
last date for submission of proposed changes in National Municipal
Policy. This resolution will be opposing the concept of cities
elsewhere taking action approving management-labor disputes and
problems, specifically referring to the illegal secondary boycott
which is being supported by many cities throughout 'the country.
Reports.
Councilman Stiern, chairman of the City-County Cooperation
Committee, presented the following report:
A Memorandum of Understanding dated April of 1959, was
adopted by the City and County in order to have a uniform applica-
tion of the Bradley-Burns Sales Tax in both incorporated and unin-
corporated areas of the county. The uniform sales tax is administered
and collected by the State Board of Equalization. The City agreed to
return 10% of its sales tax to the County of Kern, less $150,000 per
year, towards the support of the Municipal Auditorium for a ten-year
period. During this ten-year period, the Council had modified the
percentage of the one cent sales tax to accomplish this distribution.
The attached ordinance provides that from November 1,
through June 30, 1969, we will allow the County of Kern to receive
almost 10% of the City's sales tax to accomplish the distribution in
accordance with the Memorandum of Understanding. This ordinance will
fulfull any obligation of the Memorandum of Understanding. There-
after, commencing July 1, 1969, the ordinance specified the City will
retain its full share of the sales tax for support of our own local
governmental services which are provided to residents and nonresidents
who receive these services.
We would note that the County does not share in sales tax
revenue with six of our sister cities in Kern County, who receive ].00%
Bakersfield, California, September 3, 1968 - Page 5
of their sales tax revenue, and has charged lesser :rates to the
remaining four cities.
We feel that our contribution of over $840,000 during
this ten-year period has been more than generous and has amply
fulfilled any commitments that were made in April of 1959.
We are taking this action well in advance so that both
the County and City staffs may adjust their budgetary calculations
accordingly.
City Attorney Hoagland advised that this proposed ordi-
nance is one that can be considered for immediate adoption and
does not require a first reading. Councilman Stiern then moved
adoption of the report and of Ordinance No. 1756 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. This motion carried by the following roll call vote:
Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Heisey
City Manager Bergen read a report from the Traffic Divi-
sion of the Police Department in response to a telegram which was
sent to the City Council complaining that there was a great deal
of excessive speed on Chester Avenue between Brundage Lane and
California Avenue on Friday and Saturday nights. The Traffic
Division ran a speed survey by means of its radar unit and found
that 85% speed on that street during the evening hours from 8 p.m.
to 1 a.m. is between 30 and 35 miles per hour, probably very close
to 35 miles per hour. A few vehicles were traveling in excess of
40 miles per hour, none over 45 miles per hour during the time the
unit was there. Citations have been issued when necessary. In
addition there are never less than three traffic officers whose
district covers that area on any Friday and Saturday night, and
o25
Bakersfield, California, September 3, 1968 Page 6
there are always additional patrolmen in the area.
Councilman Rucker requested that a copy of this report be
sent to Mr. Jack Collier who made the complaint to the Council.
Allowance of Claims.
Upon a motion by Councilman Rees, seconded by Councilman
Rucker, Vouchers Nos. 596 to 745 inclusive, in amount of $51,375.5Y,
as audited by the Finance Approval Committee, were allowed and
authorization was granted for payment of same.
Action on Bids.
Upon a motion by Councilman Rees, low bid of Berehtold
Equipment Company .for Diesel Tractor was accepted, and all other
bids were rejected.
This was the time set to award bid for eight - 25 yard
Refuse packer bodies. It was the staff's opinion that the bid of
Ray Gaskin fulfills all requirements and conditions specified and
is the low bid.
Mr. Jere N. Sullivan addressed the Council stating that
he had gone over the background of the bidding in this matter with
Mr. Ralph Sharon,. the owner of Lambert Mobile Equipment, Inc., who
had bid on these refuse packer bodies. He stated that Mr. Sharon
advised him that when the original bids were opened on July 2, 1968,
his bid was the low bid. However, at that time, a decision was made
to rebid the trades spearately. This left Mr. Sharon's bid (f.o.b.
Detroit, Michigan) the low bid, but apparently Mr. Jing is recom-
mending that the Pack-Mot bid (f.o.b. Bakersfield be accepted, be-
cause it is slightly lower than the f.o.b. Bakersfield bid of Lambert
Mobile Equipment, Inc. An error was made in computing the sales tax,
and if it were refigured, Mr. Sharon would be $172.50 higher than the
bid of Ray Gaskin Service of Pasadena, Calif. He stated that it
seems to him, since Mr. Sharon is a resident of Bakersfield, that ~he
City would benefit much mere if this bid were awarded to him and the
money spent in this community, even if his bid was $172.50 high when
figured f.o.b. Detroit.
Bakersfield, California, September 3, 1968 - Page ?
Director of Public Works Jing commented at this time,
stating that the original request for bid indicated that the bids
were all to be f.o.b. Bakersfield. The City reserved the privilege
of accepting an alternate bid, either to buy the equipment out-
right, or to buy the equipment with the trade-in. On July 15 the
staff reviewed the bids with the Council and asked for authorization,
which was granted, to sell the used packers separately, as a better
price would be received in this way. By accepting the figure of
$8,600.00 for the six surplus trucks, a savings of $2,750.00 would
be effected if the bid were awarded to Mr. Gaskin. The bid speci-
fications called for the equipment to be f.o.b. Bakersfield. To
keep faith with those people who are invited t.o bid, it is necessary
to interpret the bids as they come in. They have to be evaluated
as they are stated. He does not think the City is permitted a
subjective interpretation of the bid.
Mr. Sullivan stated that Mr. Sharon submitted a clarifi-
cation of his f.o.b. Detroit bid to the City and in doing that
established a figure of $66,965.00 with $1,400.00 additional
freight charge to be added, making his bid $315.00 lower than ~he
lowest bid, and it is also money that would be spent in the Bakers-
field area, rather than assisting the economy of Pasadena.
City Attorney Hoagland stated he had gone over the matter
and there isn't any question in his mind regarding the integrity
of the bidding procedure, regardless of what Mr. Sharon arrived at
after the bids were opened and after the trucks were sold by the
City as to what he could have done. Nevertheless, the department
charged with these bids is bound by the bids as they come in. The
figures cited by Mr. Sullivan are figures arrived at which are
different than those submitted. He called the Council's attention
to the Invitation to Bid which specifically stated that will be
no additions, alterations or conditions other than those requested
in the proposal. The Council cannot maintain integrity in
awarding bids if it allows subjective clarification of bids once
they have been submitted, that is the whole essence of the bidding
procedure. Whatever amount of adjustment could be made by an
Bakersfield, California, September 3, 1968 - Page 8 227
f.o.b. Detroit wasn't called for in the bid and it certainly wasn't
to be considered by the staff.
Councilman Stiern commented.that it seems to him the City
has a responsibility to issue invitations to bid and to be somewhat
obligated to buy for the City of Bakersfield on the basis of the low
bid. Either this is correct, or the bidders should be notified that
outside bidders need not apply, or they might be told they could bid
but local bidders would receive a percentage and could make a higher
bid by virtue of being local taxpayers.
Councilman Vetter stated he doesn't see how the City can
penalize the low bidder who submitted his bid in good faith, by
taking a clarification or new figures on a bid, which are well in-
tended perhaps, but the staff or the City should not be expected to
accept them. Personally, he doesn't feel the City has any way to go
except as recommended by the staff.
Councilman Stiern agreed with Councilman Vetter and stated
that on behalf of the taxpayers he doesn't think the Council has any
alternative except to award the bid to the low bidder, Ray Gaskin
Service Company and reject all other bids and he made a motion to
that effect. Councilman Hosking asked for a roll call vote on the
motion which carried as ~ollows:
Ayes: Councilmen Rucker, Stiern, Vetter, Whittemore
Noes: Councilmen Hosking, Rees
Absent: Councilman Heisey
Upon a motion by Councilman Vetter, high bid of Orrin W.
Fox Company for six surplus Refuse Packers was accepted, and all
other bids were rejected.
Adoption of Ordinance No. 1752 New Series
of the City of Bakersfield, California,
providing for the issuance of Municipal
Improvement Bonds of said City in the
amount of $2,525,000.
Upon a motion by Councilman Hosking, Ordinance of the Cil~y
of Bakersfield, California providing for the issuance of Municipal
Bakersfield, California, ~eptember 3, 1968 - Page 9
Improvement Bonds o£ said City in the amount
adopted by the following vote:
Ayes:
of $2,525~000 was
Councilmen Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Heisey
Adoption of Ordinance No. 1753 New Series
altering the Boundaries of the Fifth Ward
of the City of Bakersfield, California.
Upon a motion by Councilman Stiern, Ordinance No. 1753
New Series altering the Boundaries of the Fifth Ward of the City
of Bakersfield, California, was adopted by the following vote:
Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Heisey
Adoption of Ordinance No. 1754 New Series
amending Section 17.23.040 (Front Yard)
and Section 17.23.050 (Side Yard) of the
C-O (Professional Office) Zone.
Upon a motion by Councilman Whittemore, Ordinance No.
1754 New Series amending Section
17.23.050 (Side Yard) of the C-O
adopted by the following vote:
Ayes: Councilmen Hosking, Rees, Rucker, St iern, Vetter,
Whittemore
Noes: None
Absent: Councilman Heisey
Reception of Certificate of Insufficiency
of Petitions protesting against the pro-
posed annexation o~ that inhabited terri-
tory designated as Plaza No. 1 to the City
of Bakersfield.
Upon a motion by Councilman Vetter, the City Clerk's
certificate of Insufficiency o~ petitions protesting against the
proposed annexation of that inhabited territory designated as
Plaza No. l, which upon their face evidence that the same have
been signed by the owners of thirty-eight and two-tenths (38.2%)
of the value of the territory proposed to be annexed within this
annexation, was received and ordered placed on file.
17.23.040 (Front Yard) and Section
(Professional Office) Zone, was
' 29
Bakersfield, California, September 3, 1968 - Page l0 ~
Adoption of Resolution No. 75-68 finding
and declaring that a majority protest has
not been made against the annexation of
Plaza No. 1 to the City of Bakersfield.
Upon a motion by Councilman Rees, Resolution No. 75-68
finding and declaring that a majority protest has not been made
against the annexation of Plaza No. 1 to the City of Bakersfield
was adapted by the following vote:
Ayes:
Noes:
Absent:
Councilmen Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
None
Councilman Heisey
Adoption of Resolution No. 76-68 of the
City of Bakersfield calling a Special
Election to be held on the 5th day of
November, 1968, pertaining to the annexa-
tion of Plaza No. 1 to the City of Bakers-
field and providing for said Election to
be consolidated with the State General
Election.
Upon a motion by Councilman Rees, Resolution No. 76-68 of
the City of Bakersfield calling a special election to be held on the
5th day of November, 1968, pertaining to the annexation of Plaza No.
1 to the City of Bakersfield and providing for said election to be
consolidated with the State General Election, was adopted by the
following vote:
Ayes:
Councilmen Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Heisey
Adoption of Resolution No. 77-68 of the
Council of the City of Bakersfield
calling a Special Municipal Election
for the purpose of submitting certain
amendments to the Charter of the City
of Bakersfield.
After discussion, upon a motion by Councilman Stiern,
Resolution No. 77-68 of the Council of the City of Bakersfield
calling a Special Municipal Election for the purpose of submitting
certain amendments to the Charter of the City of Bakersfield, was
adopted by the following vote:
Ayes: Councilmen Hosking~ Rees, Rucker, Stiern~ Vetter,
Whirremote
Noes: None
Absent: Councilman Reisey
Bakersfield, California, September 3, 1968 - Page ll
Adoption of Resolution No. 78-68 of the
Council of the City of Bakersfield re-
questing the Board of Supervisors of the
County of Kern to order the consolidation
of a Special Municipal Election with the
State General Election to be held on
November 5, 1968, and setting forth the
exact form of the propositions to be voted
on at such election as the same are to
appear on the ballot.
Upon a motion by Councilman Rees, Resolution No. 78-68
of the Council of the City of Bakersfield requesting the Board of
Supervisors of the County of Kern to order the consolidation of a
Special Municipal Election with the State General Election to be
held on November 5, 1968, and setting forth the exact form of the
propositions to be voted on at such election as the same are to
appear on the ballot, was adopted by the following vote:
Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Beisey
Adoption of Resolution No. 79-68 of the
Council of the City of Bakersfield re-
questing the Board of Supervisors of the
County of Kern to render specified ser-
vices to said City relating to the conduct
of the Special Municipal Election to be
held on November 5, 1968.
Upon
of the Council
Supervisors of
a motion by Councilman Stiern, Resolution No. 79-68
of the City of Bakersfield requesting the Board of
the County of Kern to render specified services to
to be held on November 5, 1968, was adopted by the following vote:
Ayes: Councilmen Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: Councilman Heisey
First reading of an Ordinance establishing
a Relief and Pension Fund for the Fire
Department of the City of Bakersfield.
First reading was considered given an Ordinance estab-
lishing a Relief and Pension Fund for the Fire Department of the
City of Bakersfield.
said City relating to the conduct of the Special Municipal Election
Bakersfield, California, September 3, 1968 - Page 12 231
Adoption of Resolution No. 80-68 of
Council of the City of Bakersfield
amending Resolution No. ~68-64.
80-68 of
No. 68-64 was adopted by the following vote:
the
Ayes
Noes
Absent:
Upon a motion by Councilman Whittemore, Resolution No.
the Council of the City of Bakersfield amending Resolution.
Councilmen Hosking, Rees, Rucker, Stiern,
Whittemore
Vetter,
None
Councilman Heisey
First reading of an Ordinance of the
Counoil of the City of Bakersfield
providing for the purchase of supplies,
equipment and incidental services.
First reading was given an Ordinance of the Council of
the City of Bakersfield providing for the purchase of supplies,
equipment and incidental services.
Agreement between the City of Bakersfield
and the Redevelopment Agency of the City
of Bakersfield establishing relationships
between the City and the Redevelopment
Agency referred to a committee of the
entire Council for study at a special
meeting.
This was the time set to consider an agreement between the
City of Bakersfield and the Redevelopment Agency of the City of
Bakersfield establishing relationships between the City and the
Redevelopment. Agency. After Council discussion, Councilman Stiern
commented that he considers this agreement of tremendous importance,
that it should be given very complete consideration rather than to
take any hasty action on it tonight. He then made a motion that it
be referred to a committee of the entire Council for a thorough study
at a special meeting on that one subject in the near. future.
City Manager Bergen stated he would get in touch with Mr.
Eugene Jacobs, attorney for the Redevelopment Agency, this week and
ascertain from him when it would be convenient for him to attend a
special Council meeting to discuss the agreement, date for holding
the special meeting to be set next Tuesday night, September 10, 1968.
Vote was then taken on Councilman Stiern's motion which carried
unanimously.
32 Bakersfield, California, September 3, 1968 - Page 13
Approval~of Amendment to Contract No.
45-68 between the City of Bakersfield
and the St. ~Francis Parish for bus
transportation.
Upon a motion by Councilman Vetter, amendment to the
Contract
Parish for bus transportation was approved, and the Mayor was
authorized to execute same.
County Auditor-Controller authorized
to levy delinquent Weed Abatement
Assessment as part of the 1968-69
Secured Tax Roll.
Upon a motion by Councilman Rees, the County Auditor-
Controller was authorized to levy delinquent Weed Abatement
Assessments as part of the 1968-69 Secured Tax Roll, per list sub-.
mitred by the City Finance Director.
Claim for damages from Harold Milton
Turner referred to the City Attorney.
Upon a motion by Councilman Rucker, claim for damages
from Harold Milton Turner was referred to the City Attorney.
Approval and adoption of new and modified
specifications for the positions of Data
Processing Programmer - Console Operator
and Assistant City Attorney.
Upon a motion by Councilman Rucker, new and modified
specifications for the positions of Data Processing Programmer-
Console Operator 252 (New) and Assistant City Attorney 124 (modi-
fied) were approved and adopted.
Approval of Plans and Specifications for
the construction of a Sanitary Sewel' in
Garnsey Lane between Real Road and Mira
Loma Drive.
Upon a motion by Councilman Hosking, plans and specifi-
cations for the construction of a Sanitary Sewer in Garnsey Lane
between Real
Director was
No. 45-68 between the City of Bakersfield and St. Francis;
Road and Mira Loma Drive were approved and the Finance
authorized to advertise for bids for this project.
233
Bakersfield, Cali£ornia, September 3, 1968 - Page 14
Approval of Agreement for the Consent
to Common Use between Pacific Gas and
Electric Company and the City of Bakers-
field for the P. G. & E. power line
easement at the northwest corner of
24th and Oak Streets.
Upon a motion by Councilman Hosking, agreement for the
Consent to Common Use between the Pacific Gas and Electric Company
and the City of Bakersfield for the P. G. & E. power line easement
at the northwest corner Of 24th and Oak Streets was approved, and
the Mayor was authorized to execute same.
Approval of Agreement with the Pacific
Gas and Electric Company for electric
service and Extension Agreement for the
Golden State Avenue/"F" Street Storm
Drain Pump Station.
Upon a motion by Councilman Rucker, Agreement with the
Pacific Gas and Electric Company for Electric Service and Extension
Agreement for the Golden State Avenue/"F" Street Storm Drain Pump
Station was approved, and the Mayor was authorized to execute same.
Failure of motion to purchase proposed
park site in the northwest area without
appraisal.
At this time the Council engaged in a discussion relative
to the purchase of proposed park site located north of the 178 Free-
way, adjacent to Eissler School and included within the proposed
annexation of Auburn No. 1. This property consists of 15 acres,
with 10 or 12 acres to be used for the park site itself. The sur-
plus property can be sold at the time o£ development of the park.
The property is under option at the present time and the 15 acres can
be purchased for $47,000 if the City exercises its option prior to
September 6, 1968. This is a net cost of approximately $3,150 per
acre, which in the opinion of the staff, is a good price.
Several members of the Council were of the opinion that
this park site should not be purchased until a suitable appraisal
of the property has been made. After some further discussion, Council-
man Rees made a motion that the City exercise its option on the
property and purchase it at the price stipulated without obtaining
Bakersfield, California, September 3, 1968 - Page 15
an appraisal.
call vote:
Ayes:
Noes:
Absent:
Abstaining:
This motion failed to carry by the
Councilman Rees
Councilmen Rucker,
Councilman Heisey
Councilman Hosking
following roll
Stiern, Vetter, Whittemore
- because he represented the land
owner in the past
Approval of purchase of proposed park
site subject to two independent apprai-
sals indicating the value is $47,000 or
more.
Councilman Vetter offered a motion that authorizal~on be
granted to purchase the park site subject to two independent
appraisals of the property indicating that the value is $47,000
or more. Councilman Stiern seconded the motion, which after dis-
cussion carried by the following roll call vote:
Ayes: Councilmen Rees, Stiern, Vetter
Noes: Councilmen Rucker, Whittemore
Absent: Councilman Heisey
Abstaining: Councilman Hosking
Council recessed for ten minutes at this time.
Hearings.
This was the time set for continued hearing before'the
Council on Resolution of Intention No. 833 of the Council of the
City of Bakersfield, California, declaring its intention to order
the vacation of a portion of Sonora Street north of Sumner Street
in the City of Bakersfield, which was continued from meeting of
August 19, 1968 for further review by the Council. The public
hearing was closed at the previous meeting, and upon a motion by
Councilman Vetter, Resolution No. 81-68 ordering the vacation was
adopted by the following vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Rees, Rucker, Stiern, Vetter, Whittemore
None
Councilman Heisey
Councilman Hosking as was not in attendance at the
previous meeting when this was
discussed.
2 3 5
Bakersf±eld, Cal±fornia, September 3i 1968 - Page 16
Time set for hearing before the Council on an application
by James Mahoney to amend the Zoning Boundaries from an R-1 (Single
Family Dwelling) Zone to a C-2 (Commercial) or more restrictive,
Zone, on that certain property in the City of Bakersfield located
at the southeast corner of South "H" Street and White Lane. This
hearing has been duly advertised and posted and no objections were
received in the City Clerk's office. The Planning Commission has
received the request and recommends approval with the "D" (Archi-
tectural Design) Overlay to be applied to insure a compatible
development with the surrounding residential area. No protests or
objections being received from those present, the Mayor ~declared
the public hearing closed, and after discussion, upon a motion by
Councilman Whittemore, Ordinance No. 1755 New Series amending Title
17 of the Municipal Code was adopted by the following vote:
Ayes: Councilmen Hosking, Rees, Rucker, Stiern, 'getter,
Whittemore
Noes: None
Absent: Councilman Heisey
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 August 19, 1968 and postcard
notices of the continued hearing were sent to all interested parties.
Mayor Karlen stated that the public portion of the hearing
had been closed at the last meeting. Councilman Hosking, who was not
present at the previous hearing, stated that as this area is in his
Ward, he would like to speak on this proposal. Within the area out-
lined in the proposed district, there are many professional people,
attorneys, doctors, dentists, etc., who will derive no benefit from
it. He believes that the business licenses are already inflated, and
to increase them two or three times would be unfair and inequitable.
No one is opposed to the district as such, especially with the modified
Bakersfield, California, September 3, 1968 - Page 17
boundaries, but they are opposed to the classifications set out in
the ordinance. The merchants were given the benefit of a reduction
in their business license fees earlier in the year, but the pro-
fessional people have not received any reduction. The Council
adopted a Minute Order directing the staff to study the already
too high business license fees in the professional category and
others, but to date no recommendations have been made to the
Council. If some reduction were made in the present business
license fees by the Council prior to the establishment of this
proposed business district, there would be no opposition to the
District.
Mr. Barney Gill, who had previously filed an eight page
communication with the City Clerk in protest to the establishment
of the proposed Business Promotion District, addressed the Council.
stating he would be brief and paraphrase his letter. In his
opinion the district is discriminatory to all professional persons,
as well as others who have no possible interest in the purposes of
the proposed district. The proposed ordinance is a belated attempt
to solve the problems of 1968 and it is too little and too late.
It is a misnomer to call this a Business Promotion District, it
is a district for the downtown retail merchants' benefit. He
recommended that the Council table further consideration of this
ordinance and instead appoint a metropolitan-wide Citizens Com-
mittee to look into the problems of the future and find solutions
with the help of its professional planners.
Mr. Vince Casper, president of the Downtown Business
Area, stated the people of the area were asking to pay more tax
just to promote a given area. They did not want the money to
promote any individual business, they want to promote trade in
the entire area. There may be some inequities in the scale they
copied from the City of Pomona's ordinance, but they did not
intend to be discriminatory toward anyone in the area.
Bakersfield, California, September 3, 1968 - Page 15 237
Mr. Manuel Carnakis, who owns property and has a business
in the 1200 block of 19th Street, previously filed a petition with
the Council from all businesses in this block requesting to be
excluded from the proposed business promotion district. They are
still unalterably opposed to being included in this district and do
not feel they will benefit from it.
Councilman Stiern commented that he still thinks the Council
should take the time to correct the inequities in the business license
£ees in those categories other than merchandising which have been
reviewed and corrected, and the classifications should be reviewed
again to see that they are correct. He is not sure what action the
Council should take tonight, but he is positive they should first
revise the business licenses and the classifications.
After some ~urther discussion, Councilman Hosking moved
that the public hearing be continued for four weeks until the Council
meeting of September 30, 1968, for ~urther study of the classi£ications
and o£ the business license fees. Councilman Rees seconded this
motion which carried unanimously.
Councilman Stiern then moved that the matter of completing
the revision of the business license fees and the deletion of certain
classifications be referred to the Business Development and Parking
Committee, so that this study may be made prior to the continued
public hearing on September 30, 1968. This motion carried unanimously.
This was the time set for continued hearing on appeal by
the Nieghborhood Protest Committee to the decision of the Board of
Zoning Adjustment granting the application of the Reverend Ralph J.
Belluomini for a Conditional Use Permit for the operation and main--
tenance of a home for approximately 20 non-delinquent boys in an R--3
(Limited Multiple Family Dwelling) Zone on that certain property
commonly known as 1924 "B" Street. This hearing was continued from
meeting of August 19, 1968 and postcards have been sent to everyone
in the area notifying them of the hearing being continued.
Bakersfield, California, September 3, 1968 - Page 19
Petitions containing the signatures of approximately 43
persons residing in the general area opposing the granting of the
Conditional Use Permit were filed by the Neighborhood Protest
Committee. Petitions containing the signatures of 18 persons
residing in the general area stating they were not opposed to
the establishment of the boys home in the neighborhood were filed
at this time.
A communication which was aired on Radio Station KAFY
on August 19, 1968 in favor of the granting of the Conditional
Use Permit was read by the Nayor.
Mr. John Phillip Bentley, spokesman for the Neighbor-
hood Protest Committee, addressed the Council at this time,
stating the opponents have 1,3'50 years of residence in the neighbor-
hood and that experts have told'him if the residents of a neighbor-
hood approve of the establishment of an institution of this kind
it will work, if they do not approve and cooperate, it will fail.
He pointed out that he had filed a petition signed by 43 persons
living in the area who feel that they are not transient and are
permanent residents of the area who are definitely opposed to
the establishment of this boys home.
Mayor Karlen stated he had discussed this with residents
of the area who feel that the home is needed, they agree with it,
but this is just not the place for it in a residential neighbor-
hood, that a better location can be found. They also based their
objections on the fact that some of the youngsters may be addicted
to drugs.
Mrs. Linda Dalton of 2318 - 20th Street stated she feels
it is a very good idea, but she is not in favor of it being in
her neighborhood, she doesn't see how they can put 20 boys in a
house with only seven bedrooms. She is opposed to it.
Mrs. Gloannah Ball Behan who resides as 2300 19th
Street stated she feels this is something that is needed for these
boys, but there are many elderly people living alone in the
neighborhood and she would suggest that there is not enough room
for 20 boys, they need a place for recreation and she recommended
buying some place like Stonybrook where there would be plenty of
room for them to spread out and have enjoyment.
Bakersfield, California, September 3, 1968 - Page 20
Father Ralph J. Belluomini stated he has been assigned a
job by the Bishop to direct Catholic social services in Bakersfield.
He also works in youth and it is necessary that something be done
in the area of foster home placement. This home is intended to be
a resource for the County of Kern for placement of boys in a terminal
facility which would provide an atmosphere in which he may achieve
further growth in his moral and social responsibilities during the
period of transition into adult life. This home is modeled on a
home in San Francisco. Rather than placing them on a farm, they
find it has been more appropriate to develop the youngster in his
own locale, in his own neighborhood, in the City in. which he is
going to live so that when he steps out on his own, he will be able
to cope with the difficulties that may arise in the community, that
the boy will be able to use the resources that are available to him.
This is a residence for boys between the ages of 16 to 18, who have
had family difficulties, they have been pushed around. Placement at
the home would be available for boys who are too young to be on their
own and too old to accept a family substitute. Final eligbility
would be determined by an Intake Committee.
This home is not to be considered a correctional institution
and is not intended to destroy or upset a neighborhood. They selected
the neighborhood because it came to their attention that this home
was available, this was inspected by the various contractors, in-
spected by the City Fire Department, the Building Department, and
by his own Board members. He asked that the people in the neighbor-
hood understand that they intend to keep the house in good repair
and they intend to keep the boys in line. He stressed the idea of
control of these boys.
Others who spoke in favor of granting the Conditional Use
Permit were Mr. High Sill, Mr. Robert Heinley, Mrs. Fred Valentich,
Mr. Thomas P. Daly, Junior, Attorney, Director of Catholic Social
Services, and Mrs. Dutler Dauwalder, County Juvenile Officer.
Mayor Karlen permitted rebuttal, at which time Mr. Bentley
again spoke protesting the opening of this boys home and Dr. Harry
240
Bakersfield, California, September 3, 1968 - Page 21
Tyerman who maintains an office at Truxtun and "D" Street, stated
he was opposed to this home.
Mayor Karlen closed the public hearing for Council dis-
cussion. All members of the Council were sympathetic to both the
opponents and the proponents and stated it was a very difficult
decision to make on this particular issue. They asked Father
Ralph many questions regarding the operation of a home of this
type.
Councilman Rucker stated that from what he has been told.
about the way the home will be conducted, he does not think any-
one in the neighborhood will be hurt. This is something that is
needed in the City.
Councilman Vetter stated he was concerned about the
supervision of the home, and as far as he can see the general
neighborhood is predominately opposed to it. It is very important
to give the boys a chance, but if there is
in the neighborhood, it would be difficult
operation.
an antagonistic feeling
to keep the home in
Councilman Stiern stated this is a good idea, he is not
against boys at all, there must be a place within the urban area
which would find this a very acceptable thing, however, he feels
he must support the people in the neighborhood who are opposed to
it.
Councilman Hosking commented that this is in his neighbor-
hood, there are many good people on both sides of this issue, there
is no question that the idea of this institution is very good,
but they are seeking to put it in a residential neighborhood.
The people in this area are opposed to it, he feels it is his duty
to protect the people in the neighborhood, and if they are opposed
to this, he doesn't see how he can vote for it.
Councilman Whittemore commented that in the past many
things were opposed in the City but after they were approved by
the Council, they have been highly successful. He stated he knows
there will be problems in putting 20 boys in this neighborhood,
but any older neighborhood is going to change, they must weigh
241
Bakersfield, California, September 3, 1968 - Page 22
all sides of the problem. These boys are not considered delinquents,
they are boys who through no fault of their own are in unfortunate
circumstances and they are trying to find a place for them to locate.
Councilman Rees stated that no matter what the Council
does in a case like this they are faced with the prospect of over-
ruling someone. The Board of Zoning Adjustment on July 9, 1968 saw
fit to grant this permit and he therefore moved adoption of Zoning
Resolution No. 210 granting this Conditional Use Permit. This
motion carried as follows:
Ayes: Councilmen Rees, Rucker, Whittemore
Noes: Councilmen Hosking, Stiern, Vetter
Absent: Councilman Heisey
Pursuant to Section 14 of the Council in the advent of a
tie vote, the Mayor has the right to vote, and Mayor Karlen voted
"Aye", which granted the Conditional Use Permit.
Council,
at 12:50 A.M.
Adjournment.
There being no further business to come before this
upon a motion by Councilman Vetter the meeting was adjourned
MAYOR of the City of Bakersfield, Calif.
ATTE ST:
f of the Council
of the City of Bakersfield, California
242
Bakersfield, California, September 10, 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., September 10, 1968.
In the absence of Mayor Karlen, Vice-Mayor Richard
Stiern called the meeting to order, followed by the Pledge of
Allegiance and Invocation by the Reverend Donald Swain of the
Westminster Presbyterian Church.
The City Clerk called the roll as follows:
Present: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Absent: Mayor Karlen
Minutes o£ the regular meeting of September 3, 1968
were approved as presented.
Correspondence.
It was moved by Councilman Vetter that communication
from Mr. Jere N. Sullivan, attorney, re action taken by the Council
at meeting of September 3, 1968 on bid for eight packer bodies,
be received and ordered placed on file. Councilman Hosking
amended this motion to include that this letter be referred to
the City Attorney for answering. This motion carried unanimously.
Council Statements.
Councilman Heisey stated that as a member of the Bakers-
field College Management Advisory Board, he has been requested by
the College to ask the City Manager to urge as many city employees
as possible to participate in the night school program particularly
designed for public administrators as well as business administra-
tors. If these courses are completed over a period of three or
four years, a certificate of completion will be awarded. Both
the employee and the City will benefit from this and the college
will appreciate employees enrolling in the classes.
Councilman Rees called the attention of Councilman
Vetter's TV Committee to the programming of the Bakersfield Cable
TV Company which indicated that only as long as the Council stays
'243
Bakers£ield, Cali£ornia, September 10, 1968 - Page 2
on top of this company will the subscriber receive good programming.
He cited examples of his experience over the weekend when he had
anticipated viewing certain programs which were blacked out on the
cable and were not shown on the corresponding local channel. He
feels that the subscriber is not getting what he is paying for.
Councilman Stiern agreed with Councilman Rees, stating
that this points up the fault this company has had all along of
depending on automatic switching and what is really needed is a
supervisor to man the switching operation because of such programming
changes as Mr. Rees mentioned.
Councilman Rees also called attention to a two story
building on Kentucky Street just off Baker Street right next to
the bank, which has burned and has been in this condition for well
over a month. He feels it is a hazard for children, it could be
another fire hazard, and he asked what the machinery is to enforce
something to be done about it. City Attorney Hoagland stated that
sometimes action was delayed due to insurance problems. City Manager
Bergen stated the staff would check into it.
Councilman Rucker stated he has a complaint. During the
year they have a tremendous problem in the Mayflower area due to
water standing in the intersections and cars making holes in the
pavement. This problem was especially bad on Gorrill and South
Robinson, and he asked the Director of Public Works what would be
the possibility of putting concrete aprons in these areas where they
are constantly having trouble and where patching doesn't seem to be
the answer to the problem.
Councilman Stiern stated he thinks the point is well taken
because over a period of five or ten years more money is spent on
replacing the black top then would be spent on doing the job right
in the first place.
Mr. Jing stated that this problem is not unique to Mr.
Rucker's ward, the same thing happens in other wards. They have a
staging program for installation of cross gutters. City Manager
Bergen stated that the only thing that can be done to eliminate
Bakersfield, California, September 10, 1968 - Page 3
this other than putting in a concrete street, is an underground
drain, if it is possible to work out a way to get the water under-
ground in a cross drain. They try to pick up the worst inter-
sections by complaints like this, and they have a program which
they carry out on the basis of the condition and the volume of
traffic. He stated they would take a look at the areas mentioned
by Councilman Rucker.
Councilman Hosking stated that there are a number of
old houses which have been converted into rooming houses, and he
asked what provisions are made for checking the wiring in these
old frame buildings. He doesn't think these rooming houses should
continue in operation with old wiring as they constitute a serious
fire hazard. He feels the City should review its policy regarding
inspections of buildings and bring them up to standard. Council-
man Heisey commented he imagined rooming houses were inspected
because his plant is inspected very thoroughly periodically.
After discussion, it was requested that the Building Inspector
make a report to the Council at the next meeting regarding the
type of inspection that is required for rooming houses.
Reports.
City Manager Bergen reported on a request for a four-
way stop sign at DeWolf and South Haley, which had been referred
to the Traffic Authority for recommendation. Lieutenant Price
of the Traffic Division examined this intersection and recommended
that this four-way stop sign be installed, inasmuch as this is
mainly a residential area and the intersection is extremely blind.
Councilman Rucker stated that this installation had already been
made.
Action on Bids.
This being the time and place fixed for the opening of
bids for $2,525,000 bonds of the City of Bakersfield, designated
"Municipal Improvement Bonds, 1966, Series B", the :following bids
received pursuant to the notice of sale were publicly opened,
examined and read:
Bakersfield, California, September 10, 1968 - Page 4 245
United California Bank, White, Weld & Co.,. Seattle First
National Bank, Hornblower & Weeks-Hemphill Noyes, R. W. Pressprich
& Co. Inc., Shearson, Hammill & Co., Incorporated, Goodbody & Co.,
New York Hanseatic Corporation, First of Michigan Corporation, Stern
Brothers & Co., Rowles, Winston & Co., bid par, accrued interest to
date of delivery, and a premium of $248.00 for bonds bearing interest
payable annually the first year and semiannually thereafter at the
rate of:
Rates Years
5.50% 1970 to 1976
4.10% 1977
4 % 1978 to 1980
4.10% 1981 to 1982
4.25% 1983 to 1985
4.30% 1986 to 1988
4.40% 1989 to 1991
4.50% 1992 to 1993
Crocker-Citizens National Bank bid par, accrued interest
to date of delivery, and a premium of $240.00 for bonds bearing
interest payable annually the first year and semiannually thereafter
at the rates of:
Rates Years
5.50% 1970 to 11974
4.75% 1975
4 % 1976 to 11980
4.10% 1981
4.20% 1982 to 11983
4.25% 1984
4.30% 1985
4.40% 1986 to 11989
4.50% 1990 to 11993
Wells Fargo Bank, Blyth & Co., Inc., First National Bank
of Oregon, The Northern Trust Company, John Nuveen & Co., Shuman
Agnew & Co., Weeden & Co., bid par, accrued interest to date of
delivery, and a premium of $1,060.50 for bonds bearing interest pay-
able annually the first year and semiannually thereafter at the rates
of:
Rates Years
5 % 1970 to 1975
4 % 1976 to 1979
4.10% 1980 to 1981
4.25% 1982 to 1984
4.40% 1985 to 1988
4.50% 1989 to 1993
246
Bakersfield, California, September 10, :L968 - Page 5
Bank of America N. T. & S. A., and Associates, bid par,
accrued iaterest to date of delivery, and a premium of $404.00
for bonds bearing interest payable annually the first year a~d
semiannually thereafter at the rates of:
Rates Years.
5.50% 1970 to 1975
4.10% 1976
4 % 1977 to 1978
4.10% 1979 to 1980
4.20% 1981 to 1982
4.25% 1983 to 1984
4.30% 1985
4.40% 1986 to 1987
4.50% 1988 to 1990
4.60% 1991 to 1993
Security First National Bank bid par, accrued interest
to date of delivery, and a premium of $311.00 for bonds bearing
interest payable annually the first year and semiannually there-
after at the rates of:
Rates Years
5 % 1970 to 1977
4.40% 1978
4.10% 1979
4.20% 1980 to 1981
4.25% 1982
4.30% 1983
4.40% 1984 to 1986
4.50% 1987 to 1990
4.60% 1991 to 1993
Each bid was accompanied by a good faith check in an
amount not less than $25,250.00.
All bids were then referred to Finance Director D. L.
Haynes for checking and computation, a report thereon to be given
to the Council later in this meeting.
Upon a motion by Councilman Rees, net bid of Brown-Bevis
Equipment Company for three Diesel Engine Street Sweepers was
accepted, this being the only bid received.
Upon a motion by Councilman Vetter, low bid of The Rich
Valve Company for 500 Fire Hydrant Adapters was accepted and all
other bids were rejected.
247
Bakersfield, California, September 10, 1968 - Page 6
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers Nos. 746 to
788 inclusive, in amount of $7,449.35, as audited by the Finance
Approval Committee, were allowed and authorization was granted for
payment of same.
Adoption of Resolution No. 84-68 of the
Council of the City of Bakersfield
awarding the contract for doing the
Work in Public Improvement District No.
827 - Construction of Curbs, Gutters
and Sidewalk in southeast Bakersfield
along East California Avenue, Butte
Street, Chico Street and Delores Street
between Baker Street and Robinson Street.
The City Clerk reported that bids for the construction of
this work were opened in her office on September 3, 1968, and that
the lowest regular proposal or bid received was that of Joe C.
Brown, Inc., in amount of $73,133.40. Upon a motion by Councilman
Rucker, the report was received and placed on file and Resolution
No. 84-68 of the Council of the City of Bakersfield awarding the
contract for doing the Work in Public Improvement District No. 827 -
Construction of Curbs, Gutters and Sidewalk in southeast Bakersfield
along East California Avenue, Butte Street, Chico Street and Delores
Street between Baker Street and Robinson Street, was adopted by the
following vote:
Councilmen Beisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Ayes:
Noes: None
Absent: None
Adoption of Ordinance No. 1757 New Series
of the Council of the City of Bakersfield
providing for the purchase of supplies,
equipment and incidental services.
Upon a motion by Councilman Whittemore, Ordinance No. 17.57
New Series of the Council of the City of Bakersfield providing for
the purchase of supplies, equipment and incidental
adopted by the following vote:
Ayes: Councilmen Heisey, Hosking,
Whittemore
Noes: None
Absent: None
Rees, Rucker,
services was
Stiern, Vetter,
245
Bakersfield, California, September 10, ].968 - Page 7
Adoption of Ordinance No. 1758 New Series
establishing a Relief and Pension Fund for
the Fire Department of the City of Bakers-
field.
Upon a motion by Councilman Vetter, Ordinance No. 1758
New Series establishing a Relief and Pension Fund for the Fire
Department of the City of Bakersfield was adopted by the following
vote:
Ayes:
Noes:
Absent:
Councilmen Heisey, Hosking,
Whittemore
None
None
Rees, Rucker, Stiern, Vetter,
Adoption of Resolution No. 85-68 of the
Council of the City of Bakersfield as-
certaining and determining the prevailing
rate of wages to be paid to certain crafts
and types of workmen employed on Public
Work in the City of Bakersfield.
Upon a motion by Councilman Rees, Resolution No. 85-68
of the Council of the City of Bakersfield ascertaining and deter-
mining the prevailing rate of wages to be paid to certain crafts
and types of workmen employed on Public Work in the City of Bakers--
field, was adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees,
Whittemore
Noes: None
Absent: None
Rucker, Stiern, Vetter,
Parcel of Property declares surplus and
Finance Director authorized to advertise
for bids for sale.
Upon a motion by Councilman Heisey, triangular shape
parcel described as Lots 15 and 16 and one-half of alley on the
east in Block 58., Bernard Addition, except portions to State
Highway, was declared surplus and the Finance Director was author-
ized to advertise for bids for the sale of same.
Acceptance of Sewer Easement from
Charles Lum.
Upon a motion by Councilman Whirremote,
from Charles Lum for portion of the
ject, through Section 14, T. 30 S.,
Sewer Easement
South Bakersfield sewer pro-
R. 27 E., M.D.M., was accepted.
'249
Bakersfield, California, September 10, 1968 - Page 8
Acceptance of Easement from Ming
Center Investment Company.
Upon a motion by Councilman Whittemore, sewer easement
from Ming Center Investment Company running from Ming Avenue
southerly 433.02 feet on the future alignment of Akers Road which
is required for a portion of the Southwest Bakersfield sewer pro-
ject was accepted.
Upon a motion by Councilman Hosking, the Council recessed
for recommendation from Finance Director Haynes on bids for Munici-
pal Improvement Bonds, 1966, Series B.
The Council reconvened and Mr. James Guerin, who is a
representative of the City's financial consultant Firm, reported
that the bids on the bonds had been checked and computed and the
bid o£ United California Bank is the bid yielding the lowest net
interest cost.
After considering the various bids and the report thereon,
it was moved by Councilman Vetter, seconded by Councilman Heisey,
that Resolution No. 83-68 of the City Council of the City of Bakers-
field, California, awarding $2,525,000 Bonds of said City to the
Best Bidder and rejecting all other bids be adopted.
Upon the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter,
Whittemore
Noes: None
Absent: None
said Resolution No. 83-68 was declared adopted.
Councilman Vetter asked for a report from the City Manager
regarding appraisal of proposed park site near Eissler School. City
Manager Bergen stated that two appraisals were obtained from Mr.
Gost and Mr. Olson and both appraisals exceed the price of $47,000
made to the City, therefore the City's option was exercised and the
park site was purchased.
250
Bakersfield, California, September 10, 1968 - Page 9
Adjournment.
There being no further business to come before the
Council upon a motion by Councilman Vetter the meeting was ad-
journed at 9:20 P. M.
ATTE ST:
CI~ LER~ ~ o~ the Council
of the City o~ Bakersfield, California
Bakersfield, California, September 16, ].968
',251
Minutes of the regular meeting of the Council of the City
of Bakersfield, California, held in the Council Chambers of the City
Hall at eight o'clock P.M. September 16, 1968.
The meeting was called to order by the Mayor followed by
the Pledge of Allegiance and Invocation by the Reverend Charles
Wilkinson of the Chester Avenue Baptist Church.
The City Clerk called the roll as follows:
Present: Mayor Karlen. Councilmen Heisey, Hosking, Rees, Rucker,
Vetter, Whittemore
Absent: Councilman Stiern
Minutes of the regular meeting of September 10, 1968 were
approved as presented.
Correspondence.
Upon a motion by Councilman Heisey~ communication from
Carpenter, Superintendent of Schools~ expressing apprecia-
Dr. C. C.
tion for the action of the City Council in placing certain amendments
to the charter on the ballot, was received and ordered placed on file.
Councilman Hosking commented on a letter addressed to Mayor
Karlen, copy of which has been mailed to him, which was a complaint
from a resident in his ward regarding noise and hippie activity in
Beach Park. Mayor Karlen stated he had sent a copy of the letter to
the Chief of Police Department for any action he deemed necessary.
Scheduled Public Statements.
Mr. Glenn Mark, Chairman of the "Happiness is a Summer
Job" Committee, addressed the Council, stating the Committee wanted
to thank the Mayor, the City Council and the citizens of Kern County,
for allowing them the privilege and honor of directing "Happiness is
a Summer Job". They feel they have given the program the right
direction to travel in the future. As they set out to do, they did
help develop the greatest natural resource of the city - Youth.
Every adult that came close to this program also benefited a great
deal. 2,100 Youth called and asked for more information on this
program. 950 Youth called for an appointment and came down for
Bakersfield, California, September 16, 1965 - Page
orientations and they were given the keys to many opportunities,
not only in employment but life in general.
Over 300 Youth used the placement service and found
employment directly through "Happiness is a Summer Job." Over
3,000 Youth found employment on their own, and their jobs varied
from farming to baby sitting.
There were no problems except more jobs were needed. The
Committee offered the following adivce for the second year's opera-
rich:
1. Start early in Spring, about April 10th
2. Issue a certificate for completing orientation
3. Set up crews to do bid jobs with adult supervision
Mr. Mark listed the manner in which the monies alloted
from the City Countil were disbursed, which amounted to $2,270.74,
and he presented the Mayor with a book containing a complete
resume of the activities of the "Happiness is a Su~er Job" pro-
gram.
Mayor Karlen thanked Mr. Mark and stated he had heard
many compliments from the Youth especially those who went through
the orientation program. In order to be more effective, he is
very hopeful that the planning for future programs can be initiated
earlier.
Councilman Heisey commented that he thinks the Mayor
should be particularly commended on the success of the program, as
it was at his instigation that the Council participated in the
program.
Council Statements.
Councilman Whirremote stated that he has talked to all
of the merchants in the Benton Park Shopping Center about the
divider strip which does not have an opening for the traffic going
north to turn into the shopping center. He knows that there is a
problem every time a divider strip is constructed, but it seems
to him that something should be done to provide an opening so that
the public can get into the main entrance, as this is one of the
major shopping centers and it will be a tremendous financial blow
to these people if this is not corrected.
Mr. Bergen stated he would look into it. Of course,
everyone wants an opening in the divider island to turn into their
'253
Bakersfield, California, September 16, 1968 - Page 3
private driveway, but the City's standards do not permit it.
man Whittemore commented that now is the time to evaluate
side of the curbing is in and he asked Mr. Bergen to get
with him and see what can be done.
Councilman Rucker asked that a street light be
Council-
it, as one
together
installed
at the intersection of Beale Avenue with California Avenue Park, as
it is very dark there and there is a real need for a light. Mr.
Bergen stated he would look at this location.
Mayor Karlen stated that he did not attend last week's
Council meeting as he attended the meeting of the Local Agency Forma-
tion Commission. He is happy to report that after months of effort
to establish a separate staff, the Commission will be advertising
for the combined position of executive officer-counsel in the near
future.
Reports.
City Manager Bergen referred to last week's comments on
old boarding houses and reported that one of the old rooming houses
specifically mentioned last week has been purchase~ by another owner
and as soon as it is out of escrow, the old buildings will be de-
molished and will not be used for this purpose in the future.
He also called attention to a report from the Building
Department pertaining to the periodic inspection required for rooming
houses, apartment houses, etc., copies of which has been furnished to
all members of the Council.
Mr. Bergen stated that he had been informed that a building
permit has been taken out to demolish the partially burned building
on the south side of Kentucky Street west of Baker Street, which will
probably be completed by the end of this week.
Mayor Karlen stated that two weeks ago he had brought to
the attention of the Council that he would present a resolution
regarding labor-management disputes outside of the jurisdiction of
this City and particularly of member municipalities of the National
League of Cities, and he proceeded to read the resolution which must
be submitted to the Committee by September 16th in order to assure
254
Bakersfield, California, September 16, 1968 - Page 4
analysis and prior assignment to full Committee agenda. Upon a
motion by Councilman Heisey, seconded by Councilman Vetter,
Resolution No. 87-68 of the City Council of the City of Bakersfield
regarding Labor-Management disputes outside of the jurisdiction of
member municipalities of the National League of Cities, was
adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmen Heisey, Hosking,
Whirremote
Rees, Rucker, Vetter,
None
Councilman Stiern
Appointment of Members of the Board of
Building and Housing Appeals.
Upon a motion by Councilman Rees, the following members
of the new Board of Building and Housing Appeals were appointed to
serve at the pleasure of the City Council:
Warren Minner
Hulen Butcher
John A. Farquhar
Wm. H. Pinckard
O. D. Williams
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers No.
Representing the structural field
Representing the mechanical and
plumbing field
Representing the electrical field
Representing the labor field
Member at large
789 to
879 inclusive,
Committee, were allowed,
of same.
in amount of $40,837.37, as audited by the Finance
and authorization was granted for payment
Action on Bids.
Upon a motion by Councilman Rucker, low bid of Reedmarc
Corporation for construction of a storm drain in Chico Street and
East California Avenue between Lakeview Avenue and Beale Avenue
was accepted, all other bids were rejected, and the Mayor was
authorized to execute the contract.
Date of September 24, 1968 set for
Special Council meeting for the pur-
pose of receiving an explanation from
special counsel regarding proposed
agreements between the City of Bakers-
field and the Redevelopment Agency.
Upon a motion by Councilman Hosking, seconded by Council-
man Reisey, date of Tuesday, September~24, 1968, at eight o'clock
P.M., was set for Special Council meeting to be held for the
Bakersfield, California, September 16, ].968 - Page 5 255
purpose of hearing the attorney who is working for the City on
Redevelopment projects explain to the Council the various agreements
which are proposed between the Council and the Redevelopment Agency
and other matters pertaining to the Redevelopment Agency.
Adoption of Resolution No. 86-68 deleting
one Council meeting in September, 1968.
Upon a motion by Councilman Hosking, Resolution No. 86-68
deleting Council meeting of September 23, 1968, was adopted by the
following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Vetter,
Whirremote
Noes: None
Absent: Councilman Stiern
Request for abandonment of alley located
on the east side of "Q" Street between
Truxtun and 16th Street referred to the
Planning Commission for study and recom-
mendation.
Upon a motion by Councilman Heisey, request from Warde D.
Watson Realty Company for owners, for abamdonment of alley located
on the east side of "Q" Street between Truxtun and 16th Street, was
referred to the Planning Coramission for study and recommendation.
Authorization granted to enter into
compromise and settlement agreement
in the eminent domain matter of the
City of Bakersfield vs. Gerald H.
and Mary T. Kamprath.
For consideration of $8,156.00 Gerald H. and Mary T.
Kamprath have agreed to deed the necessary property needed for the
widening of South "H" Street, and upon a motion by Councilman
Whittemore authorization was granted to enter into the compromise
and settlement agreement in the eminent
of Bakersfield vs Gerald H. and Mary T.
was authorized to execute same.
domain matter of the City
Kamprath, and the Mayor
Acceptance of Grant Deed and Street
Right-of-Way Deed from Gerald H. and
Mary T. Kamprath.
Upon a motion by Councilman Rees, Grant Deed and Street
Right-of-Way Deed from Gerald H. and Mary T. Kamprath were accepted.
256
Bakersfield, California, September 16, :1968- Page 6
Approval of Contract with the Greater
Bakersfield Chamber of Commerce for
the service of advertising the City and
promoting the industrial development of
the City.
Upon a motion by Councilman Whittemore, contract between
the City of Bakersfield and the Greater Bakersfield Chamber of
Commerce for the service of advertising the City and promoting the
industrial development of the City was approved and the Mayor was
authorized to execute the contract.
Approval of Contract with the Greater
Bakersfield Chamber of Commerce for
the service of advertising and promoting
the growth of the City.
Upon a motion by Councilman Rees, Contract between the
City of Bakersfield and the Greater Bakersfield Chamber of Commerce
for the service of advertising and promoting the growth of the City
was approved, and the Mayor was authorized to execute the contract.
Approval of Contract with the Greater
Bakersfield Chamber of Commerce pro-
viding for the operation of a Conven-
tion Bureau.
Upon a motion by Councilman Rucker, contract with the
Greater Bakersfield Chamber of Commerce for the operation of a
Convention Bureau was approved and the Mayor was authorized to
execute same.
First reading of an Ordinance amending
Chapter 17.56 (Automobile Parking Require-
ments) of the Municipal Code of the City
of Bakersfield.
First reading was given an Ordinance amending Chapter
17.56 (Automobile Parking Requirements) of the Municipal Code of
the City of Bakersfield.
Councilman Hosking commented that he had not realized
the Planning Commission was the body that considered parking require-
ments in the City, he has assumed it was the Traffic Authority,
however, probably both of these bodies should start considering
some sort of ordinance or repeal the present ordinance regulating
parking meters as the Council expects to have the bonds paid off
in about three months. Therefore, the Council should be prepared
to act when the meters have been paid off. He stated he believes
this should be referred to the appropriate administrative agency
Bakersfield, California, September 16, ]968 Page
for consideration, whether it is the Planning Commission, the
Traffic Authority, or Mr. Bergen.
Mayor Karlen asked Mr. Bergen if he cared to comment
this.
on
Mr. Bergen stated he doesn't think any plans should be made
to eliminate the parking meters, the only thing is when the bonds are
paid off, many of the restrictions are removed. He thinks it is most
necessary that they retain the parking meters, and it is not a point
of revenue. There are areas where the revenue can be used, such as
the downtown business area, he doesn't think the Council would want
to take out the meters and take the funds from the downtown area.
Councilman Hosking remarked that there were many council-
men, including himself, who would like to see them eliminated. He
would suggest that some thought be given to working on this, dr
there might be a sweeping repeal of the whole parking meter program
as it now eixsts. Many councilmen have had conversations with many
people over the years on this, and he, for one, does not think the
City should continue to depend on revenue from parking meters, al-
though he sees nothing wrong with parking meters for traffic control.
Mr. Bergen stated the administration had no intention of
depending on revenue from the parking meters to be included in next
year's budget. He has talked to the Traffic Authority on several
occasions on this, and he has indicated that he certainly would not
recommend that the Council eliminate the parking meters, that they
keep the meters, he merely mentions that revenue available from the
meters as a means of traffic control could be earmarked for the
downtown area as it has been in the past.
Mr. Bergen stated that the staff, in conjunction with the
Planning Department and the Traffic Authority, could get together
and have a report for the Council, but not within thirty days, they
have several other reports they are working on.
Mayor Karlen stated it should be done before December.
Councilman Heisey agreed, stating they are undoubtedly going to have
to keep meters for traffic control, but perhaps the merchants would
like the privilege of renting the parking facilities during certain
258
Bakersfield, California, September 16, 11968 - Page 8
periods, and have free parking on the lots or uptown during Christ-
mas shopping days, etc. He stated he does think some committee
should study this and come back with a recommendation to the
Council.
Councilman Rucker commented if the meters are removed,
he is of the opinion that there will be a parking problem that
one exists in East Bakersfield business district at the present
time. He thinks the meters are needed for traffic control.
Mr. Bergen stated he would put this on the list for
study by the Business Development Parking Committee so that a
report will be made at least sometime before December.
Approval of Electrical Extension and
Service Agreement with P. G. & E. for
service to facilities existing and to
be installed in Lowell Park.
Upon a motion by Councilman Vetter, Electrical Extension
and Service Agreement with P. G. & E. for service to facilities
existing and to be installed in Lowell Park was approved and the
Mayor was authorized to execute the contract.
Acceptance of Work and Mayor authorized
to execute Notice of Completion for the
installation of Traffic Control and Lighting
Systems at Ming Avenue and Castro Lane.
Upon a motion by Councilman Vetter, the Work was accepted
and the Mayor was authorized to execute the Notice of Completion
for the installation of Traffic Signal and Lighting Systems at
Ming Avenue and Castro Lane.
Hearings.
This was the time set for hearing before the Council on
an appeal by Robert J, Matsumoto to the decision of the Board of
Zoning Adjustment denying his application requesting a Modifica-
tion from an R-S1A(Residential Suburban - One Acre Minimum Lot
Size) Zone to permit a reduction of the one acre minimum required
lot area to less than one-half acre, on that certain property
commonly known as 3404 E1Potrero Lane, and to allow counsel to
testify on behalf of the applicant.
Bakersfield, California, September 16, 1968 - Page 9
Attorney Gabriel Solomon representing Mr. Matsumoto,
addressed the Council, stating that for those members of the Council
who were not familiar with the matter, he would set out some of the
background facts. Mr. Matsumoto purchased this piece of property,
which is 220 feet wide and 160 feet deep, in the spring of 1966, at
that lime the property was in the County. He anticipated that the
property would probably be annexed to the City, all of the property
surrounding this particular tract was in the City at the time he
purchased the property and apparently the City, at that time, had
taken some type of survey and had arrived at the conclusion that
the residents in the area would consider annexation. Annexation was
in the process, but far from being completed.
Before purchasing the property, Mr. Matsumoto made a
business judgment and assessment as to what was going to be the
future of the property. He consulted with the Planning Department,
he talked with people in the neighborhood, and he satisfied himself
that this property in all probability was going to be annexed to the
City.
He also checked with the Planning Department and was told
that the only zoning that existed in the City as of that time which
would seem to fit this particular property, was the R-S, Residential-
Suburban, zoning. It was the opinion of the persons that he talked
with in City Planning, that the property probably would come into
the City as R-S. He also inquired if he built on half of the pro-.
petty and sold it off, and the property came into the City, whether
or not he would be able to build on the remaining south half of the
lot. He was told that if he came in with an R-1 or R-S zoning, that
it would be permissible for him to build on the south half of the
lot. Had this property not come into the City, had it remained in
the County, Mr. Matsumoto definitely would not haw~ been able to do
what he proposed to do at the present time.
After purchasing the property, Mr. Matsumoto then applied
for a building permit from the County, the permit did not specify
where the house was to be built on the property, it. was a building
Bakersfield, California, September 16, 1968 - Page lO
permit to build one particular dwelling on the property. He then
proceeded to build on the north half. At the time he buil~ this
house, he put the driveway in for the south half, so Mr. Matsumoto
was planning that this property would be annexed to the City and
he would be able to build on the south half. There wasn't any
skulduggery, he was making a business investment on the basis of
an educated prognostication as to what was going to happen to the
property. It turned out that his thinking was excellent, the pro-
perty was annexed to the City. Be sold off the north half in
September, 1966, the deed was recorded, reserving the south half
unto himself while it was still in the County. He could not have
built on the south half while it was in the County. He wasn't
planning to stay in the County, it was his business guess that
the property was coming into the City and that it would come in
with an R-S zoning. There was no R-S1A at that time.
However, an ordinance was adopted in November, 1966,
which established for the first time in the history of Bakersfield
an R-S1A zone, which described the minimum lot size for R-SiA
properties. Although this ordinance speaks of a minimum lot area
and although this ordinance was apparently tailored for this
annexation, 90% of all of the lots in the tract are less than one
acre. If the limitation of one acre is adhered to, most of the
lots in the area are substandard. Later in May, 1967, the electien
was held, the property was annexed to the City a.couple of months
later.
Be is not actually seeking a reversal of the decision
of the Board of Zoning Adjustment. His first request has nothing
to do with the decision that was rendered by the Board of Zoning
Adjustment. It is his position that Mr. Matsumoto is entitled
to the building permit which he sought, without any requirement
of any modification. Therefore, that is his first request to the
Council, that the Building Department be directed 1;o issue a
building permit which Mr. Matsumoto applied for and was refused
with the announcement that unless he obtained a modification, no
building permit would be issued. Be is asking for reversal of the,
decision of the Board of Zoning Adjustment only if the Council is
'.261
Bakersfield, California, September 16, 1968 - Page 11
inclined to deny the request that a building permit be issued. He
cited sections of the Municipal Code that permit annexation of less
than minimum lots and their use.
Mr. Solomon stated that on the question of what effect
this would have on the neighborhood, he would point out that all
of the surrounding properties are R-S1A properties, this property
is wider, deeper than most properties, the south half of the lot
is more than 7200 square feet which is the requirement for an R-1
lot, the home that he proposed to build on the property would not
in any fashion detract from the overall appearance of the neighbor-
hood.
At the Board of Zoning Adjustment hearing, statements were
made by the opponents that if Mr. Matsumoto could do it, anyone ceuld
do it. The answer to this is that this fear is ungrounded. If the
Council directed the building department to issue the permit without
the modification, there would be no other situation that existed in
the tract where anyone would have a comparable argnment. Mr. Matsumoto
is not asking for permission to split his lot at this time, it would
not set any precedent for permitting lot splits in the future, or lot
sell-offs in the future, the whole basis of the action here is that
when it came into the City it existed this:way. Favorable action on
Mr. Matsumoto's application would not set any precedent that would
permit any subsequent person in this tract to some in and say they
wanted to split their lot because Mr. Matsumoto had split his lot.
The lot had been divided befire it came into the City.
Mr. Hoagland, City Attorney, stated that the staff disagreed
on Mr, Solomon's interpretation of the ordinances, and that is the
reason no building permit was issued. He stated Mr. Solomon doesn't
have an appeal to the Council on a legal matter, he has an appeal to
the court, primarily.
Mr. Solomon stated he disagreed with Mr. Hoagland on his
assertion that the Council is in effect, without jurisdiction to
consider his first request by reason of the fact that he and Mr.
Hoagland read a statute differently. One of the most appropriate
262
Bakersfield, California, September 16, 1968 - Page 12
matters that the Council considers is what did the Council mean
when it passed the statute. He comes up with one conclusion, Mr.
Hoagland comes up with another. The appropriate action for a
citizen is to first come before the Council and present his case
and to litigate thereafter as a last resort, only if it becomes
necessary.
After some Council discussion, Mayor Karlen stated that
the opponents to the granting of the modification could now be
heard.
Dr. Charles H. Burger, who lives at 3406 E1Potrero
Lane, in~mediately adjacent to the property under discussion to-
night, stated he wanted to make one point clear, that it will be
an economic loss if the lot next to him is split, and that is the
only reason he is opposed to it.
Mr. Gordon Newby of 2701 E1Caballo, Mrs. Walter A1-
britton of 2611Planz Road, Mrs. Arthur Neumarkel of 3418 E1
Potrero Lane, Mr. Virgil Miller of 3401 E1Potrero Lane, Mr. Dean
Johnson of 2708 E1Berendo, Mr. Lucian P. Amos of :3701 Mesa GrandE!,
and Mr. Harold Tufts of 3714 E1Potrero, all expressed opposition
to splitting the lots, or changing the character of the tract in
any way, as they had purchased their property for the express
purpose o~ raising livestock and enjoying the unique benefits of
their large lots as they were set up originally.
Mr. Geroge Barton of the Greater Bakersfield Chamber of
Commerce, stated he was in charge of the promotional activity that
was carried on prior to the Benton Park annexation. Most of the
people in the area were against annexation, stating that they
suspected the City would allow people to move in, subdivide and
split up the lots in the area. Mr. Barton assured them this would.
not take place, that the City would retain the character of the
area as it was, and they should have no fear that this would
change over the years. He reminded the Council that there was
another annexation up for approval in November and there are large
lots in that one too, and he would urge that the Council keep them.
honest and help them keep their promises regarding lot splitting.
2',63
.Bakersfield, California, September 16, 1968 - Page 13
A petition containing the names of 35 persons in the area
opposing the granting of the modification was filed with the Board
of Zoning Adjustment, and Mr. Hoagland stated this petition should
also be considered part of this hearing.
In rebuttal, Mr. Solomon stated that the idea that the
granting of this request would change the neighborhood is ridiculous.
It does not set any precedent for changing the neighborhood. The
house Mr. Matsumoto wants to build would be a real addition to the
neighborhood. It is consistent with the policy as manifested in
all the other statutes. 'There has been no violation of any county
ordinance, whatsoever, by Mr. Matsumoto, he wants te make that clear,
what he did was perfectly proper while the property was in the
county. There is no restriction in the deed which would prohibit
this.
Mayor Karlen closed the public hearing fox' Council discuss-
ion and action.
Councilman Whirremote stated he has had a number of calls
from people in this neighborhood on this hearing. The City has a
definite obligation to the people in this area, as before annexatien
they were promised city services which were attractive to them, but
the main thing they requested from the City of Bakersfield was an
assurance that the minimum lot size would not be disturbed. He
thinks that the integrity of the City is involved in this as they
were assured that the lots would not be split. This lot was illegally
split in the County and therefore was not a legal let when it came
into the City. He stated that he doesn't see how they can go against
the people in this area, because it would influence people in other
areas who are considering coming into the City. He therefore made
the motion that the application be denied.
After some further discussion, Councilman Vetter seconded
this motion, and Zoning Resolution No. 211 denying application of
Mr. Robert J. Matsumoto for modification of the land use zoning
ordinance of the City of Bakersfield affecting that certain property
as hereinafter described as zoned as an R-S-1A (Residential Suburban -
One Acre Minimum Lot Size) zone, to permit a reduction of the one
264
Bakersfield, California, September 16, 1968 - Page 14
acre minimum required lot area to less than one-half acre, on
that certain property commonly known as 3404 E1 Potrero Lane, was
adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmen Heisey, Hosking,
Whittemore
Rees, Rucker, Vetter,
None
Councilman Stiern
Mr. Solomon asked the Council to hand down a clear-cut
decision on his first request that the Council direct the Building
Department to issue a building permit based on Mr. Matsumoto's
legal property right. Mayor Karlen ruled that this request was
out of order, and the Council agreed with this action.
Adjournment.
There being no further business to come before the
Council upon a motion by Councilman Vetter,
adjourned at 10:10 P.M.
MAYdR of
the meeting was
the City of Bakersfield, Calif.
ATTE ST:
CITY CLERK and )Ex-~ficio Clerk of the Council
of the City of Bakersfield, California
Bakersfield, California, September 24, 1968 z~U
Minutes of a special meeting of the Council of the City
of Bakersfield, California, held in the Council Chamber~ of the
City Hall at eight o'clock P.M., September 24, 1968.
The Mayor called the meeting to order followed by the
Pledge of Allegiance and Invocation by the Reverend Arthur Bomers
of the First Congregational Church.
The City Clerk called the roll as follows:
Present: Mayor Karlen. Councilmen Heisey, Hosking, Rees, Rucker,
Stiern Vetter
Absent: Councilman Whittemore
Mayor Karlen announced that this special meeting was
called for the purpose of reviewing proposed agreements between the
Bakersfield Community Redevelopment Agency and the City of Bakers-
field.
City Manager Bergen commented he believed the proper pro-
cedure would be to have Mr. Eugene Jacobs, special counsel, review
and explain the proposed basic agreement with the Redevelopment
Agency for the benefit of the Council.
Councilman Stiern suggested that the City Manager apprise
the Council briefly of the background steps taken as far as the
Council and the Agency are concerned, to serve as a preview to this
agreement.
Mr. Bergen stated that the Resolution establishing the
Agency provided that the City Council would furnish the staff and
assistance to the Agency to explore the feasibility of proceeding
with the actual project. The Council approved $5,000 placed in the
City Attorney's budget to retain experienced counsel, familiar with
the planning and undertaking of redevelopment projects, and the
City entered into an agreement with Mr. Eugene Jacobs, who has worked
with the City Manager, the City Attorney and the Agency and has been
providing advice to the administrative staff. It is necessary that
the Council understand the basic agreement which is being presented
here tonight which outlines the principle by which the Agency would
operate and would delineate the areas for which the Agency and the
Council are responsible.
266
Bakersfield~ California~ September 24~ 1968 - Page 2
Mr. Jacobs has prepared this agreement and has gone
several steps further~ he has prepared recoramended By-Laws for
the Agency and several other agreements which he believes follow
the intent of the Council. At the last Redevelopment Agency
meeting the agreement was reviewed and approved in principle by
the Agency and they asked the City Manager to submit the agreement
to the Council for its consideration before it was actually adopted.
The Council as a Committee of the whole set up a special meeting
for the purpose of discussing the principles and philosophy of the
basis on which this agreement was drafted.
He suggested that before any action was taken~ Mr.
Wilbur Rickett, chairman of the Redevelopment Agency, who was
present in the audience~ be asked for his comments. Mayor Karlen
asked Mr. Rickett if he cared to speak before the agreement was
reviewed~ and he stated his comments could be made later.
Councilman Stiern commented that this is an extremely
important document and a thorough understanding of this agreement
should be arrived at by the Council tonight so that at some later
date no one can say he did not realize the intent or did not agree
to certain provisions in the agreement. He therefore proposed
that Mr. Jacobs explain the agreement paragraph by paragraph.
Mr. Jacobs stated that one of the fundamentalSproblems
that has existed in redevelopment over the years is whether or
not a city ought to do redevelopment itself or allow it to be done
by an outside independent agency. Bakersfield chose to create an
Agency. His understanding was that a relationship should be
created here, between the City and the Agency, in which an indepen-
dent Agency operating separate and distinct from the City Council
and operating separate and distinct from the City administration,
would not be created.
This agreement also takes into account the relationship
between the City Manager and staff personnel and the agency staff
personnel. Also throughout the Redevelopment project, there will
be various times when the City will be giving either financial
Bakersfield, California, September 24, 1968 - Page 3 '267~
assistance or assistance through loans, or assistance through ser-
vices of the City staff, use of the City Hall, possibly the office
of the Agency will be here, all of this must be worked out ahead of
time if the Council desires to benefit the greatest from the financial
standpoint of the City.
The law provides that the City can make loans and create
a debt from the Agency. When the Agency does run a project, it
obtains financing in the project itself, and then can pay the City
back, so this money which is given out in either direct financing
or in services to the Agency from the City, all of these funds can
be repaid to the City. This agreement and other agreements following
it, are attempting to create the proper relationships to allow the
greatest benefits to the City. There will be two subservient con-
tracts to be considered later, one for city services to be supplied
to the Agency, the basis on which they would be supplied and the
basis on which the City would be repaid by the Agency. There should
also be a basic lease entered into for the use of City property, in
which lease payments would be developed to be paid immediately, if
there is money in the Agency, or to be repaid when moneys did become
available from the basic financing of the project itself.
Mr. Jacobs then proceeded to review and discuss the basic
agreement, answering questions of the Council.
Councilman Hosking asked Mr. Jacobs if he felt it was
necessary that this agreement be irrevocable as stated on Page 4,
that he was thinking of having a certain term set out in the agree-
ment.
Mr. Jacobs stated it was done this way to protect the City
because the Agency in this agreement is giving up certain powers.
The idea of this was based on what he and the City Attorney thought
was a desirable relationship. This contract does not do anything
to create any longevity, there is no intent to do that.
Mr. Hoagland, City Attorney, stated that the philosophy of
establishing the Agency, as he understood it, was to have a close
relationship between the Agency and the City Council and also a
Bakersfield, California, September 24, 11968 - Page 4
certain amount of control of the Agency which the Council would
not otherwise have if they simply created an Agency. In some
cities, the Agency works in such a fashion that the Council has
little or no control other than being a rubber stamp for whatever
the Agency wishes to do. In all the background material, it was
his understanding that the Council did not want the Agency to
operate independently, and as discussed with Mr. Jacobs prior to
his developing the contract, they wanted the controls in this
agreement and they have been put into the agreement. Also, if a
term was put on it, these controls would no longer be in effect
and there could be this separation of the Agency from the City
Council at the end of a particular term. That is the reason why
it is made irrevocable until mutually changed. Circumstances may
develop in which this agreement maybe changed on the request of
either the Council or the Agency, and it can be, if both agree to
it.
Councilman Hosking, Mr. Jacobs if in his best judgment,
as an expert, thinks this is the best way it should be handled for
the interests of the City.
Mr. Jacobs replied that it is considering what the Council
wants to do. In light of what he understands the Council wanted,
he thinks this is the way to handle it. He stated that Alhambra has
an agreement just like this.
Councilman Hosking complimented Mr. Jacobs on the well-
drafted wording of Provision C, Section 203, Page 5, City Council
Ultimate Policy Maker, stating that he would like to assure the
rest of the Council that this is what the Council wanted at the
time it was first discussed. This is one of the most important
paragraphs in the entire contract. He stated he was very glad it
is in this agreement and that the Redevelopment Agency wanted it
in this agreement, as he thinks it will be very helpful for both
the Council and the Agency.
Councilman.Stiern stated he had a question for Mr. Jacobs
before adopting the agreement. On page 8, relating to Section 302
')69
Bakersfield, California, September 24, 1968 - Page 5 ~
and Section 303, on Funding. At the time the Council took action
to create this Agency, they made it very clear that this was an
enabling procedure and not a funding procedure, and in no uncertain
terms the proponents of the Agency assured the Council that they
needed a vehicle to work under, that the Council could provide them.
with a legislative adoption of such a vehicle which would make such
an entity possible, and that it was their intent to finance the
Agency and its funding. He asked Mr. Jacobs if these sections, as
outlined, make that philosophy crystal-clear, and is it still quite
evident that that is the intent.
Mr. Jacobs stated it would, in fact if these Sections were
taken out, nothing would be lost. He suggested the insertion of the
words "if appropriate" after the word "will" in Section 302. After
Council discussion of this suggestion, it was agreed that these
words should be added to the agreement, and Councilman Rees moved that
the agreement be modified as proposed. Councilman Heisey stated he
would like this agreement modified to real "will, if appropriate,
in the opinion of the City" in both Sections 302 and. 303. Council-
man Rees accepted this modification, and the motion carried.
Councilman Stiern addressed Mr. Jacobs stating that the
Council probably will not have too many opportunities to discuss
these matters with him at will, and at the risk of sounding like
he is belaboring a point, again stated it was the intent of the
Council in establishing this Agency to create a self-help, area-type
improvement project that would not encumber the entire City of Bakers-
field. It was not the intent of the Council to encumber the residen-
tial property owners to improve the downtown business district. He
asked Mr. Jacobs, if, in his opinion, this document as outlined to
the Council, safeguards this philosophy.
Mr. Jacobs replied that it neither safeguards nor hurts it,
that the Council can go either way it wants to. If the Council is
asking has it created an irrevocable document, his answer to this
is no, it does not create that situation.
270
Bakersfield, California, September 24, 11968 - Page 6
Councilman Stiern asked if this agreement is a document
that creates a downtown improvement district, self-help improve-
ment project, in itself.
Mr. Jacobs stated not with this document, that can be
done on a project by project,
a basic agreement.
Mr. Wilbur Rickett,
problem by problem basis. This is
chairman of the Redevelopment Agency,
addressed the Council, stating that the Council carl see by this
agreement that the Agency is desirous of a very close relationship
between the Agency and the City Council and working with,the staff
of the City. The Agency has done a lot of work under no direction.,
and they have been very anxious to get to the point where they had
a working agreement and a chance to work. There are other things
to discuss with the Council tonight, but he stated this can be
done after the agreement is adopted.
Councilman Hosking then moved adoption of the agreement
as amended and that the Mayor be authorized to execute the same on
behalf of the City.
City Manager Bergen stated they have discussed this with
Mr. Jacobs and there is another amendment that should be made to
the agreement. Mr. Jacobs stated that the City Manager had
suggested that on Page 6, Section 305, the words "day to day"
should be deleted. Councilman Heisey moved that this amendment
be approved, which motion carried. Vote was then taken on Council-
man Hosking~s motion to adopt the agreement as follows:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, ¥etter
Noes: None
Absent: Councilman Whittemore
Mr. Rickett again addressed the Council stating that the
Downtown Business Association has submitted a report.to the Council
entitled "Downtown~Bakersfield Renewal", which report was prepared
by a team of specialists and paid for by the Downtown Business
Association. To a certain extent the Agency has followed on with
the group who started this report. Mr. Jacobs wrote the legal
opinion, and they have been in touch with the economists who worked
on the projects in the report and they have asked the consultants
to prepare, in outline form, the next steps for gathering information
and making contacts to take advantage of the opportunity for a major
regional-size retail outlet to be redeveloped in the downtown area.
The report from the Downtown Business Association in effect said
there will be available in this area by 1973-75, a market that will
support another regional center. The Agency feels that the next
step is to pursue the path of getting to the necessary checkpoints,
one at a time, to promote and take advantage of this opportunity.
Larry Smith & Co., Inc. made the economic study for the Downtown
Bakersfield Renewal report and they have set up a format that is in
their opinion, the development process that the Agency should now
enter into. They have prepared a schedule and have priced it. He
then introduced Mr. Jim Bryant, vice-president of Larry Smith &
Company, who gave his presentation of a proposal fox' development/
consulting services to the Redevelopment Agency of the City of Bakers-
field. Copies of this proposal were given to the.Council.
Referring to his proposal, Mr. Bryant stated that Phase I
is the Packaging and Programming of the Development. It is really
the check phase, they know from a marketing and a physical and
planning program what is contemplated in downtown Bakersfield can
be done. There is an adequate market to support the type of pro-
ject which is contemplated, which is in excess of one-half million
square feet of various types of commercial space. They are satisfied
from a physical standpoint, that it can be accommodated within certain
limits, however, this must be checked out and the limits established
legally. It is something that the Council will have, to act on to
actually establish the boundaries.
At the conclusion of Phase I, they will have accomplished
enough so that they definitely are satisfied that they now have a
project which would and should go into the subsequent of the phases
of the development process. There is a high degree of probability
that it should be a reality, or alternatively, that it should be
abandoned or modified drastically and perhaps go in another direction.
272
Bakersfield, California, September 24, 1968 - Page 8
The activity areas with which they would be concerned
during Phase I would be heavy involvement of the architect/planner,
the City staff would be heavily involved, as consultants they
would be heavily involved. In conjunction with the project co-
ordinator, contacts with department stores would take place, so
that by the end of the phase they would see that there is an intent
by the City to go ahead with something in this project, if some-
thing can be done. They would hope that they would have letters
of intent from the department stores. If things went poorly, they
could elect to abandon the project, or reorient it, but this is
definitely a time of decision. It is the time of decision which
follows roughly four to six months work. They are merely identifying
the things which must be done, but have not said who should do
them.
At the request of Mayor Karlen, Mr. Bryant discussed all
the phases outlined in his letter, estimated the total cost for
each phase to the Agency and to others, and explained the methods
for funding the projects. He stated this program generally
identifies things which must be accomplished, generally identifies
the time period it would be expected them to take, the types of
people who would be involved and the types of cost that would be
incurred, and the sequence. They are primarily, however, con-
cerned with Phase I, this must be gone through before they know
whether they have a project, and how the Council wants to proceed
with it.
Mayor Karlen commented that the total cost for the time
period outlined in this proposal of eight to fourteen months, is
between $135,000 and $170,000, and asked Mr. Bryant if this was
what he had referred to earlier in his presentation as "front"
money.
Mr. Bryant stated that this is exactly what he referred
to. This "front" money or "risk" money, to initiate the redevelop-
ment project is the greatest problem facing the Agency, this money
will be repaid to the lender if the project is developed. Until
this has been spent, they do not know whether the project will go,
at this time they run the risk of either abandoning the project or
redirecting their efforts. He stated that their proposal is
'2? 3
Bakersfield, ~alifornia, September 24, 1968 - Page 9
specifically directed toward a commercial complex. Complete flexi--
bility must be left to accomplish whatever else the community wants
to accomplish. Also planning of this commercial complex is not done
in a vacuum. There is a very high degree of coordination necessary
between the Agency and the City, the City Planning l~partment, the
City Staff, is really going to be doing a considerable amount of the
work,~ or at least will be very heavily involved in it.
Councilman Heisey, stated he presumed this was just presented
to the Council for its information tonight, that they were not expected
to make any decision on it. He asked Mr. Jacobs what his comments
were on it, if he had evaluated it in any way.
Mr. Jacobs stated the only overall comment he would like
to make is that he thinks the chances of going local with a bond
issue, in the sense that it has been done before, is almost impossible.
Redevelopment bonds are a very costly way of financing a project. The
people he is working with are trying to go insurance company or bank.
Bonds are the least likely to go and the most costly. He stated that
the costs outlined by Mr. Bryant were only consultants' costs, not the
staff's costs. But the real problem in a redevelopment project,
regardless of whatever appears in the proposal by Larry Smith &
Company, is getting the working capital. The ultimate costs will
work out, but the real problem is getting the working capital which
can run from 7 to 8 million to 15 million, which is necessary to make
a project fly. That is the issue you must get to cheaply and quickly.
Mr. Bryant agreed with Mr. Jacobs that thebond financing
is not only expensive but it is very difficult also. He stated he
did not think it was going to be easy to get money for this project,
he thinks it can be done because it has sufficient merit, depending
on how it is put together. If it is not put together right, regard-
less of how big the market is, it won't fly. On the other hand, it
274
Bakersfield, California, September 24, 1968- Page l0
can be marginal and property put together andbe.adequately
financed as a desirable real estate investment and a very desir-
able.asset to downtown. This is not the biggest market that he
has ever worked in, it is semi-marginal in a market situation,
but it is adequate and it will work from the standpoint of the
major tenants. This much they know, because they have looked at
it very carefully, and they know the major proposed tenants,
Penney's and Brock's, and have some understanding of their needs.
Penney's have been their client off and on for years, a very big
client. With this kind of association, they have a pretty fair
idea of what the market will do, improperly handled~ it won't fly,
properly handled, it can be done. Be does know there will be
financial problems encountered.
Mr. Jacobs stated that in none of his reports has he
ever used the words "tax increment bonds." Be had been suspicious
of tax increment bonds for a long time. That doesn't prevent tax
increment financing. The really crucial problems to redevelopment
is a method to convince an insurance company or bank or something
of this sort, that .they ought to lend money to this type of public
financing the same way they do to private financing. That is the
crucial problem in making the project fly without the federal
government being involved. What the federal government really
supplies is working capital. Grants are nice to have, but they
can make it without them. It isn't as much business risk if they
have a grant, but the real crucial thing is the fact that guaranteed
loans can be obtained through the federal government to buy the
land, and that is the big cost. If a loan can be obtained from
the federal government or from an insurance company based on tax
increments, that is where the first attention really has to go to
find out in a project such as this one, where the increase in tax
increments is not going to be that great, whether or not there is
public financing available.
Councilman Stiern remarked to Mr. Bryant that using his
figures of time and money as set out in his proposal, he forsees
a period of about 14 months for these two phases, and a possible
expenditure of some $135,000. Be is not the only Councilman who
would like an answer to this, where is this money coming from?
Bakersfield, California, September 24. 19~8 - Page 11 t275
Mr. Bryant stated this is a question he would have to
refer to the Agency. He has some ideas, but it would be getting
into policy. Earlier, the Council was specifically discussing the
setting up of a self-help agency and establishing the legal frame-
work by which this entity was created and could do certain things,
that presumably it would, but hoped that it wouldn't:, cost the City
any money. That the.people who were interested in it, presumably
the downtown people would finance it. This is one way it could be
financed. Another way is completely through the use of City funds
and City personnel. It seems to work where there is coordination
between the elements in the City who want to accomplish this and the
City itself. In his opinion, there definitely must be some coramitt-
ment on the part of the City going beyond merely establishing a legal
framework by which the Agency can function. However, this would be
better coming from someone else, as this is out of his element.
There are a number of variations on this, but he will not go into
it.
Mr. Rickett stated what they hoped to accomplish here to-
night was to give the Council an idea of what work had to be done,
what the time element was, and what it was going to cost. If the
Agency is going to proceed with this project, whether it is exactly
in the detail as presented here, this is a starting point. The
Agency is going to have to have funds made available to it so that
it can go into an operative program. Certainly, the City is the
most likely possibility to get this money from so that the Agency
can operate.
Councilman Stiern commented that they discussed .another
possibility some months ago of an increased special tax rate for the
business area involved. Certainly, that would be another possibility.
Mr. Rickett replied that he was not aware of that, what
generates the funds or what method is used to derive the revenue.
The Agency has been given an opportunity to do something. So far,
with the exception of payment for the services of Mr. Jacobs, no
other expenditures have been made. They are getting down to the
')76
Bakersfield, California, September 24, 1968 - Page 12
point, as far as timing is concerned, if they are going to serve
the wishes of the Council, if they are going to act as a Redevelop-
ment Agency, they need some means to act with. And just what the
proper procedure is to enter into disucssions and to investigate
possibilities, he doesn't know, but they are going to have to have
some funds from somewhere to operate.
Councilman Hosking commented to Mr. Rickett that they
had to face a few facts. The Council was assured by the downtown
businessmen that if they only had the vehicle, which they now have,
they could start. He asked if this had been communicated to the
downtown businessmen so that they could transfer some funds to the
Agency bank account so that they can function.
Mr. Rickerr stated as far as he knows it has not been
communicated to them. He thinks from the Agency's viewpoint, they
were given a job to do by the City. They are not going to be able
to operate without finances. He appreciates the opportunity given
them tonight to enter into this discussion. They will have to~
follow it up and see if there isn't some common ground on which
they can operate that is agreeable to everyone, certainly under
the agreement, they have proposed a relationship with the City
that is agreeable. The Agency is ready to go, they are looking
for the means to go with.
City Manager Bergen suggested that since so many times
it is difficult to get the whole Council together to devote the
time needed to discuss this, that the Council formally designate
the Budget Review and Finance Committee as the committee to discuss;
procedures, and this would allow communication between the members
of the Council and the Agency to discuss these problems and bring
a report back to the Council.
Councilman Hosking and Councilman Heisey both stated
they agreed, that it was a spendid idea and a workable solution.
Councilman Hosking then moved that the matter of the Redevelopment
Agency in its entirety be referred to the Budget Review and Finance
Committee for further report. Vote was taken on the motion which
carried, Councilman Stiern voting in the negative.
Bakersfield, California, September 24, 1968 - Page 13 277
Adjournment.
There being no further business to come before the Council,
upon a motion by Councilman Heisey, the meeting was adjourned at
10:35 P.M.
MAYOR of the City of Bakersfield, Cali£'.
ATTE ST:
CI CL~ and ~ ci Terk of the Council
of the City of Bakersfield, California
278
Bakersfield, California, September 30, 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. September 30, 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
Absent: Councilman Whirremote
and
presented.
Minutes of the regular meeting of September 16, 1968
the special meeting of September 24, 1968 were approved as
George F.
questing appropriate action regarding a break in the divider on
South "H" Street south of Julian Avenue and other access to the
commercial property west of South "H" Street and south of Julian
Avenue.
fronted with
Scheduled Public Statements.
Mr. Bruce Bunker, attorney representing his client, Mr.
McCourry, addressed the Council for the purpose of re-
Bunker pointed out that the problem they are con-
is access to the improvements which are on the properl~y
at the present time and the contemplated improvements. Immediately
south of Julian Avenue, there is a large convalescent hospital.
Mr. McCourry is just about ready to commence the further improve-
ment of the property by putting in a large medical clinic between
the hospital and South "H" Street. Future development of the
balance of this eight acre property includes the construction of
either another convalescent type hospital or a small general
hospital immediately south of the existing structure. To the
south of that, there will be further medical buildings of some
type, either convalescent homes or rest homes, that will be related
to this general operation. In connection with this improvement, a
street will be constructed immediately south of the existing hos-
pital to give access to South "H" Street. With the buildings
that are either constructed or soon will be in the northern half
of this parcel, there is no access to the south part of the parcel
279
Bakersfield, California, September 30, 1968 - Page 2
except to go through what is going to be a little more than a
parking lot to serve the northern-most buildings. The problem is
one of a break in the divider. The only breaks in the divider that
are currently provided for are one at Julian, one just south of the
railroad yards near the Kamprath seed yards, and originally, one
was scheduled at White Lane.
In discussing this matter with the City Manager and the
City Engineer's office, Mr. Bunker understood that the City has
established a policy of not allowing more than three breaks in this
distance, or some six hundred feet between breaks. However, this
policy has not been followed to the north, in his own count of the
number of breaks from Planz Road to Brundage Lane, there are as
many as six breaks in any half mile, instead of the three that the
Engineering Department would like, and yet in this half mile there
would only be the one break at Julian and no access to this parcel
of property so far as northbound traffic is concerned. Any north
bound traffic wanting to get into this property, must go clear to
Julian, make a U turn, come back and then take the access road into
the property. Northbound traffic departing from this property, must
take a right turn, cross the tracks down to the Kamprath location,
and then make a U turn and go back. This would seem unreasonable
and not consistent with the flow of traffic which will develop from
this hospital complex. He asked consideration of the Council in
reviewing the situation and if possible, grant permission for the
break in the divider to be installed.
City Manager Bergen stated he would agree with some of
Mr. Bunker's statements, but he would disagree that this would be a
consistent policy. He pointed out to the Council that for the last
five years at least, divider island breaks have not been allowed for
individual property owners or developers unless they would generally
fit into a critera. The first general critera for a left turn slot
for new construction would be 660 feet, this is the breakdown of a
mile, an eighth of a mile. The second requirement is that when
building a divider island, they try to restrict the existing streets
unless they are able to provide an alternate distance. The third
requirement is that sometimes, because of the unique location or
2S0
Bakersfield, California, September 30, 1.968 - Page 3
position of a piece of property, it is necessary to permit a break
at either four or five hundred feet. They don't like to do it,
but sometimes it is permitted. The Council has not departed from
this policy of not allowing a left turn slot for new development,
unless it would fit into one of these critera. The staff has had
several discussions with both Mr. McCourry and Mr. Bunker and
have explained that this break does not fit in. They have received
many requests for left turn slots into private property, subdivi-
sions, commercial developments and this type of thing, but they
are not granted unless they fit into the critera, also they do not
feel that these left turn slots are safe. They are contrary to
the City's policy, its basic policy, which the staff has tried to
leave flexible enough to take care of unique situations.
The City Manager referred to the request for a left turn
slot at the Benton Park Shopping Center and advised that an agree-
ment had been reached with the tenants to put it approximately in
the center of the shopping center which seemed to satisfy every-
one.
Mr. Bunker commented that if the policy argued by Mr.
Bergen is allowed to stand in this particular case, it will be the
only exception to the rule of a break in a divider to serve an
access street, and he sees no reason for that policy to be used
in this particular situation. Mr. Bergen has indicated that he
feels 660 feet are necessary, and yet even on South "H" Street,
there are much shorter distances with apparently no traffic pro-
blem, at least none that would require the engineering staff to
close off these streets or not have a break in the divider to
serve them. The same is true on Union Avenue, on Columbus Street
and on other locations. Especially in view of the use that is
contemplated here, his client feels that a break is necessary.
Mr. Bergen has stated that two breaks would be proper between
Julian and White Lane if it were not for the railroad tracks.
Oddly enough, the only break south of the railroad tracks falls
right next to the Kamprath yards. This break is not a public use
of the type that is contemplated here. The point that his client
has suggested is a point as remote as he can get from the rail-
road tracks to the north and still serve the area that he has in
mind.
Bakersfield, California, September 30, 1968 - Page 4
281
He therefore feels not only because of the type of con-
struction, and the use contemplated, but also as far as the rail-
road track is concerned, it is a logical place for a break.
Councilman Stiern commented that he did not think it was
anyone's intention to have a full scale hearing on this tonight,
and in essence they are approaching that. He therefore moved that
the matter be referred to the Planning Commission for a hearing at
their regular meeting to be held on Wednesday, October 2, 1968, and
for recommendation back to the Council at its next meeting. This
motion carried unanimously.
Mr. Bunker pointed out that they were in the process of
pouring cement down there now, however, they would be happy to
present their case to the Planning Commission with the hope that
they can anticipate a favorable decision.
Mayor Karlen announced that if anyone present wished to
comment on the proposed ordinance amending Chapter 17.56 of the
Municipal Code of the City of Bakersfield pertaining to Automobile
Parking requirements, that Mr. Heisey at the Caucus meeting had
requested that action on this ordinance be deferred. Councilman
Heisey then offered a motion that this ordinance be referred back
to the Planning Commission for additional study, particularly of
Sections 17.56.140, 17.56.150 and 17.56.170. He feels it would be
appropriate for the Commission to notify all interested parties
that they can present any new information for consideration in
discussing these points, as he understands that there is additional
information to be presented for study and possibly in two weeks a
report can be made to the Council for its consideration. This
motion carried unanimously.
Correspondence.
Mayor Karlen read a communication from Mayor Edmiston of
Tehachapi, stating that the death of Police Chief Mantoth as a result
282
Bakersfield, California, September 30, 1968 - Page 5
of gunshot wounds received while serving a warrant for arrest, has
made it apparent that the current problems of civil disobedience,
lack of respect for law and order and the present trend of the
courts to protect the constitutional rights of criminals to the
exclusion of the constitutional rights of the citizens, has
strengthened his belief that something must be done to recapture
the significance of a policeman and to strengthen his position.
He has requested Assemblyman Kent Stacey to propose a bill before
the State Legislature that would require a minimum sentence of
five years for the conviction of any person who commits a battery
with deadly instruments or inflicts great bodily injury upon the
person of a peace officer or fireman when engaged in the perfor-
mance of their duties.
Councilman Heisey commented that at the last meeting of
Kern County Cities this was presented and it was unanimously
adopted that the Mayors of the associated cities address letters
to their representatives endorsing the proposal of the City of
Tehachapi. He made a motion that Mayor Karlen contact Assemblyman
Stacey and convey these views to him. This motion carried unani-
mously.
Mayor Karlen called attention to a letter he had just
received from Mr. Allen E. Pritchard, Jr., Assistant Executive
Director, of the National League of Cities, acknowledging receipt
of Bakersfield's resolution regarding labor-management disputes
which the Mayor had submitted for consideration of the appropriate
committee of the National League of Cities. This Resolution was
referred to the Steering Committee of the League's National Com-
mittee on Municipal Government Administration at its meeting in
Dallas, Texas on September 17th.
This Committee was in the process of reviewing current
National Municipal Policy within its jurisdiction and specifically:,
the matter of labor-management relations. The Committee considered
Bakersfield's Resolution and unanimously concluded 'that the actions
of the cities which passed Resolutions relating to the current
labor dispute in this area were Resolutions dealing with public
283
Bakersfield, California, September 30, 1968 - Page 6
policy of a broad nature and were not specifically directed to the
City of Bakersfield. The point was raised that a Council of another
City might conceivably pass a Resolution calling for the automotive
industry to install certain safety equipment on automobiles and a
City which included within its jurisdiction an automobile manufactu-
ring plant would contend that such action could raise the price of
automobiles and subsequently reduce the market and employment in
this jurisdiction. The Committee could see no end of NLC review
of actions of this kind and therefore decided to recommend that the
Resolution be included in National Municipal Policy.
According to procedure, the Resolution will, nevertheless,
be submitted to the Full Committee on Municipal Government Adminis-
tration when it meets in New Orleans on December 8th, and the Mayor
is certainly privileged to appear before the Full Committee in
support of the Resolution if he cares to do so. It will be necessary
for a majority of the voting delegates to consent to take the matter
up at that time, and it will be necessary to secure a two-thirds vo. te
for approval.
Mr. Pritchard stated he would be happy to meet with the
Mayor when he arrives in New Orleans and discuss these procedures
in detail and be of maximum assistance in assuring him of full
utilization of all of the appropriate procedures.
Councilman Hosking moved that the letter be received and
placed on file and he suggested that the City of Bakers£ield's
resignation be tendered to this organization which appears to him
to serve no useful purpose to this City. Mayor Karlen commented
that he would suggest that the resignation not be submitted until he
had appeared before the Full Committee at the annual business session
in New Orleans and see what action is taken on the Resolution.
Councilman Stiern suggested that Mayor Karlen send a copy
of the letter received from the National League~of Cities to Senator
Hugh Burns and his "Committee of lOO0", which has been formed with
the express purpose of defeating Hubert Humphrey and Alan Cranston
for office because they are supporting a nationwide boycott of
Bakersfield, California, September 30, 1968 - Page 7
California grapes. Vote was taken on Councilman Hosking's motion
to receive the letter and place it on file, which carried unani-
mously. Mayor Karlen stated he will forward a copy of the letter
and Resolution to Mayor Clifford Loader of Delano.
Council Statements.
Councilman Stiern commented that he had been approached
several times on the matter of access to the City Hall building.
It is not difficult to walk into the City Hall, use the stairways
or elevator, but it has been pointed out to him that it is almost
impossible for anyone in a wheelchair to enter the City Hall to
conduct business. He requested City Manager Bergen to study the
matter and see, if for a nominal sum, a stairway in the City Hall
could be modified into a ramp. Mr. Bergen stated there is a
standard for any public building constructed now to provide this type
of access, he will look into it, and report back to the Council.
Mayor Karlen called attention to a singing group of
young people called "The Things To Come", who will be performing
at the Harvey Auditorium on Saturday. He feels that this group
should be complimented for promoting clean fun and for singing
songs without objectionable lyrics.
Reports.
Councilman Rucker, chairman of the Business Development
& Parking Committee, read the Committee's report of its study of
the classification structure and other pertinent matters set forth
in the Business Promotion District Ordinance. The Committee met
with the administration staff, along with Mr. Lee Noble of the
Downtown Businessmen's Association, and determined 'that the majority
o~ objections and inequities of the Ordinance's classification
structure was within Class III and in some instances, Class II.
After careful consideration, the Committee recommended
that Section 6.50.050 of the Ordinance be amended to eliminate
Class II and that Class IV become Class III, and that the following
285
Bakersfield, California, September 30, 1968 Page 8
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 Committee suggested that when the City's Business
License Ordinance is evaluated and possible revisions made, this
Ordinance be re-evaluated in light of changes that may be made.
The Committee recommended that 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.
The Committee further recommended that 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.
The Committee recommended that Mr. Lee Noble be appointed
as an interim liaison between the City Council and the Downtown
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 Hosking pointed out that when the report was
made up by eliminating Class III, it eliminated all the professional
people who would have been paying three times their business license
fee, which seemed to be the major objection. By putting them on a
one-to-one basis, they were assured by Mr. Noble that it would not
have any effect on the income for the business promotion district.
286
Bakersfield, California, September 30, ].968 - Page 9
He asked that the report be approved and the ordinance adopted
tonight, and that the Resolution establishing the District not
become effective for thirty days, which would be the s~me time as
the ordinance would go into effect.
Councilman Heisey stated it was not clear to him and
asked what class the professional people would be placed in and
what fee they would pay. Councilman Hosking explained they would
not be in any class, and under the present business license ordi-
nance, they would be paying exactly the same this
July 1st, the promotion district would not affect
another.
July 1st as next
them one way or
Councilman Heisey asked if this wouldn't substantially
reduce the revenue and Councilman Hosking replied that in their
discussion with Mr. Lee Noble, he did not seem to think that it
would.
City Attorney Hoagland stated he would like to clarify
the ordinance. It may have been the desire of the Committee to
eliminate the professional people altogether, but if so, that has
not been done. The professional people were simply dropped out
of one class and put into another class which would pay one times
the ordinary business license.
Councilman Hosking remarked that if that is how the ordi-
nance reads, he feels the whole thing should be reconsidered,
because the whole theory of it was that the professional license
fee would not be increased in any way, as these people derive no
benefits from the promotion district. This was his understanding
at the Committee meeting, and if this wasn't done, there was a
lack of communication somewhere.
Councilman Rees commented it was his understanding at
all times during this Committee meeting, that no one who was now
subject to a business license would be exempt from :further taxation.
In other words, the best that anyone could get under this recom-
mendation would be an additional one times his current license, that
was the way he has understood it all along. Councilman Rucker
stated that was his understanding also, he thought the idea was
at the time of the Committee meeting, to delete the professional
people from one class where they paid two or three times their
present fee, into a class where they would pay one times the present
fee.
Councilman Stiern commented that the objection raised by
the people in the professional category at the night of the hearings,
was that the promotional district would help those persons who were
engaged in various types of merchandising in the downtown area, but
would not help the professional people in any way, and in fact would
not serve the downtown area as far as the people in those categories
were concerned, because it wasn't necessary to maintain their offices
within the promotion district. He doesn't think that this report, as
it has been clarified, meets that dissatisfaction or the protests at
all. He thinks it would be a better revision, if these professional
people were required to pay only their business license and did not
pay any business promotion district tax. If it stays the way it is.,
he is fearful it will just serve to empty the offices in the down-
town area of the people in the professional category.
Councilman Hosking agreed with this, he doesn't see why
they can't eliminate Class III altogether, it is a dangerous catch-
all.
After considerable Council discussion, Councilman Heisey
remarked that in view of the fact that the Committee making this
report was confused about what the intent was, he would move that
it be referred back to the Committee for additional study and report
to the Council in three weeks with their recommendations. This motion
carried unanimously.
Upon a motion by Councilman Stiern, the continued public
hearing before the Council of the City of Bakersfield on the estab-
lishment of a Business Promotion District with a modification of
boundaries was again continued for three weeks to conform with the
presentation of the report by the Business Development and Parking
Committee. This motion carried unanimously.
Councilman Vetter asked what type of enforcement policy was
pursued by the City to impose a business license for out-of-town
residents doing business in the City of Bakersfield. The business
license is issued from the office of the Director of Finance, and
Mr. Haynes pointed out that the City of Bakersfield does not carry
out as vigorous a campaign on licenses as other cities its size, as
it is done with a very limited staff, but with the cooperation of
citizens. They have one man who works part time searching for this
288
Bakersfield, California, September 30, 1968 - Page 11
type of unlicensed business in the field, and competitors will
call in and report a person operating without a city business
license and they go out and try to find them. At the present
time they are in the process of reviewing business licenses, also
reviewing the enforcement program. They are contemplating asking
the Council to make some changes in the outdated business ordinance,
which would make it easier to enforce. If all the cities in the
County would cooperate, out-ofrtown businesses would like.to come
into a business community and obtain a reciprocal license with all
the cities in the County. They don't mind paying a sizable license
fee if they can buy one license to do business in all the cities
in the county. This is one area they would like to see improved,
but it would mean getting the cooperation of all the other cities.
It can be a burden to the people doing business in the community,
it is a two-way street really, and his office tries to walk the
line of maintaining a good business climate .and getting the job
done on the business licenses as well. This is something they
are studying at the present time.
Councilman Heisey, chairman of the Water and City Growth
Committee, reported on a meeting with the City Manager to consider
several requests of the Transit Division. These requests involved
the alteration of the current fare structure and the Committee made
the following recommendations to become effective October 15, 1968;
1. Eliminate the "Stopover Pass" now provided
by the Transit System
2. Continue use of the "Save A Ride" Pass
3. Special school fares of 15% be restricted to
the 12th Grade and below
The Committee feels these recommendations, while not of
major importance, will certainly act to improve the revenue some-
what, and as the Council is fully aware, at present, the Bakers-
field Transit System operates at a deficit mainly due to the fact
that the City is providing transportation for the entire metro-
politan area, although it receives no consideration or reimbursement
Bakersfield, California, September 30, 1968 - Page 12
from the two-thirds of the area outside the corporate limits.
The Committee will continue to seek ways in which the City
can establish a sound policy for the operation of the transit system
and keep its subsidy to the unincorporated area at ].east to a minimum.
After considerable Council discussion, Councilman Heisey
moved adoption of the report, with Councilman Rucker voting in the
negative on this motion.
inclusive,
Approval Committee,
payment of same.
Allowance of Claims.
Upon a motion by Councilman Rees, Vouchers Nos. 880 to 1074
in amount of $127,390.12, as audited by the Finance
were allowed, and authorization was granted for
Action on Bids.
Upon a motion by Councilman Vetter, low bid of Graybar
Appointment of voting representative
and alternate voting delegate to attend
the business session at the Annual
League Conference in Los Angeles.
The Council unanimously designated Councilman Richard
Stiern as voting representative of the City in matters affecting
municipal or League policy at the business session of the Annual
League Conference in Los Angeles, October 13-16, 1968. Councilman
Heisey nominated Councilman Vetter to act as alternate voting repre-
sentative. Councilman Hosking moved that the nominations be closed,
and the designation of Councilman Vetter was approved unanimously.
the contract.
Electric Company for Miscellaneous Electrical Componen%s was accepted,
all other bids were rejected, and the Mayor was authorized to execute
the contract.
Upon a motion by Councilman Heisey, big bid received from
St. Joseph's Church for certain surplus real property described as
Lots 15 and 16 in Block 58, Bernard Addition, in amount of $1,750.00
was accepted, and the Mayor was authorized to execute Grant Deed for
conveyance of this property.
Upon a motion by Councilman Rucker, low bid of William H.
Schallock, Inc., for construction of a Sanitary Sewer in Montclair
Drive between Stockdale Highway and Marella Way was accepted, all
other bids were rejected, and the Mayor was authorized to execute
290
Bakersfield, California, September 30, 1968 - Page 13
Mayor Karlen stated he would act as the City's repre-
sentative on the Sister City program to be held October 13, 1968
in Los Angeles. Councilman Heisey moved that Mayor Karlen be
designated to act in this capacity. This motion carried unanimously.
Action deferred for one week on appoint-
ment of five members of the Board of
Charity Appeals and Solicitations.
Action was deferred £or one week on appointment of five
members of the Board or.Charity Appeals and Solicitations whose
terms expired October l, 1968, to allow the staff to contact these
people relative to serving on the Board for another term.
Adoption of Resolution of Intention No.
834 of the Council of the City of Bakers-
field, California, declaring its intention
to order the vacation of the alley in
Block 528, City of Bakersfield.
Upon a motion by Councilman Rucker, Resolution of In-
tention No. 834 of the CoUncil of the City of Bakersfield, Calif-
ornia, declaring its intention to order the vacation of the alley
in Block 528, City of Bakersfield, and setting October 21, 1968
for hearing on the matter before the Council, was adopted by the
following vote:
Ayes: Councilmen Reisey, Hosking, Rees, Rucker, Stiern, Vetter
Noes: None
Absent: Councilman Whirremote
Adoption of Resolution of Intention No.
835 of the Council of the City of Bakers-
field, California, declaring its intention
to order the vacation of a portion of 32nd
Street between "K" Street and Jewett Avenue.
Upon a motion by Councilman Stiern, Resolution of In-
tention No. 835 of the Council of the City of Bakersfield, Calif-
ornia, declaring its intention to order the vacation of a portion
of 32nd Street between "~' Street and Jewerr Avenue and setting
October 21, 1968 for hearing on the matter before the Council,
was adopted by the following vote:
Ayes:
Noes:
Absent:
Councilmen Heisey, Hosking,
None
Councilman Whittemore
Rees, Rucker, Stiern, Vetter
Bakersfield, California, September 30, 1968 - Page 14 g~9 1
Adoption of Resolution No. 88-68 authori-
zing the signing of checks drawn on City
of Bakersfield "Active Accounts" with
banks and for transferring funds between
banks and for purchasing and selling U.S.
Treasury Obligations.
Upon a motion by Councilman Vetter, Resolution No. 88-68
authorizing the signing of checks drawn on City of Bakersfield
"Active Accounts" with banks and for transferring funds between
banks and for purchasing and selling U. S. Treasury Obligations, was
adopted by the following vote:
Ayes: Councilmen Heisey, Hosking, Rees, Rucker, Stiern, Vetter
Noes: None
Absent: Councilman Whittemore
Approval of Agreement with the Department
of Finance for Special Census.
Upon a motion by Councilman Rucker, Agreement with the
Department of Finance for conducting a Special Census was approved,
and the Mayor was authorized to execute same on behalf of the City.
Adoption of Minute Order authorizing the
payment of the power cost for lighting
parking lot at the northeast corner of
Kern and Monterey Streets.
After discussion, upon a motion by Councilman Heisey,
Minute Order was adopted authorizing the payment of the power cost
for lighting parking pot at the northeast corner of Kern and Monterey
Streets.
Approval of annexation of that area
designated as Mount Vernon No. 2. City
Attorney and City Engineer to submit
same to the Local Agency Formation
Commission.
Upon a motion by Councilman Hosking, communication from
Fred Banducci and his related interests requesting annexation of
that certain area designated as Mount Vernon No. 2, was received
and ordered placed on file, the annexation was approved, and the
City Engineer and City Attorney was authorized to refer the matter
to the Local Agency Formation Commission. This annexation comprises
approximately 130 acres and is located generally between Columbus
Avenue to the north, 178 Freeway to the south, Haley Street to the
west, and Mount Vernon Avenue to the east and was approved by the
'92
Bakersfield, California, September 30, 1968 - Page 15
Planning
bet 30, 1968.
Commission at aspecial meeting held Monday noon, Septem-
Acceptance of Work and Mayor authorized
to execute Notice of Completion of Con-
tract for construction of a Water Supply
System on Pierce Road and 6ulf Street in
Public Improvement District No. 821.
Upon a motion by Councilman Heisey, the Work was accepted,
and the Mayor was authorized to execute the Notice of Completion
and the Conveyance of the system to the California Water Service
Company, in accordance with agreement of January 22, 1968, for
the construction of a Water Supply System on Pierce Road and Gulf
Steeet in Public Improvement District No. 821.
Encroachment Permit granted Western Union
Telegraph Company for filler cap inside
a recessed box in walk area on the north
side of the alley running between "H"
Street and "I" Street between 18th and
19th Street.
Upon a motion by Councilman Stiern, Encroachment Permit
was granted Western Union Telegraph Company for filler cap inside
a recessed box which will be in the walk area on the north side
of the alley running between "H" Street and "I" Street between
18th and 19th Streets.
Acceptance of Deed from Joseph M. Thomas
for the proposed park site in the vicinity
of Eissler School.
Upon a motion by Councilman Stiern, Deed from Joseph M.
Thomas for the proposed park site in the vicinity of Eissler
School was accepted by the following roll call vote:
Ayes:
Noes:
Absent:
Abstaining:
Councilmen Heisey, Rees,
None
Councilman Whittemore
Councilman Hosking
Rucker, Stiern, Vetter
(because of a possible conflict
of interest)
Approval of Joint Exercise of Powers
Agreement with the County of Kern for
installation of traffic signals and
lighting at White Lane and Wible Road.
Upon a motion by Councilman Vetter, joint exercise of
Powers Agreements with the County of Kern for installation of
traffic signals and lighting at White Lane and Wible Road was
approved, and the Mayor was authorized to execute the contract.
O
Bakersfield, California, September 30, 1968 - Page 16 gd93
Hearings.
This was the time set for hearing on Phase II of the
Weed Abatement Program. City.Engineer Jing reported that 31 lots
were posted and 16 have not complied.
No one present offering any objections or protests, the
Mayor declared the public hearing closed. After discussion, upon a
motion by Councilman Vetter, the City Attorney was instructed to
prepare a Resolution 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.
Adjournment.
There being no further business to come before the Council,
upon a motion by Councilman Rucker, the meeting was adjourned at
10:30 P.M.
MAYOR of the City of Bakersfield, Calif.
ATTE ST:
andEx-O~f'icio Clerk of the Council
of the City of Bakersfield, California