Loading...
HomeMy WebLinkAbout06/07/1976 MINUTES CCBakersfield, California, June 7, 1976 Minutes of a regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 8:00 P. M., June 7, 1976. The meeting was called to order by Vice-Mayor Bleecker, followed by the Pledge of Allegiance and Invocation by Mr. Howard Hatcher, President Seventh Quorum of Seventies, Church of Jesus Christ of Latter-Day Saints. The City Clerk called the roll as follows: Present: Councilmen Christensen, Medders, Rogers, Strong, Barton, Bleecker Absent: Mayor Hart. Councilman Sceales. Minutes of the regular meeting of May 24, 1976, special meeting of May 27, 1976, and Executive Session of June 2, 1976 were approved as presented. Presentation of Retirement Plaque. Vice-Mayor Bleecker presented a retirement plaque to Mr. Otho Smith of the Public Works Department, who completed over 27 years of service with the City of Bakersfield, effective June l, 1976. Scheduled Public Statements. Mrs. Anne Monroe, 236 North Stine Road, referring to the proposed Sign Ordinance, objected to further regulations and controls. Councilman Rogers reported on the current status of the Sign Ordinance and advised that there will be a formal along with a revised ordinance at the meeting of June proposed report 1976. Mr. Roy O'Bar, Senior Vice President of the Greater Bakersfield Chamber of Commerce, appeared before the Council representing the Industrial Development Committee of the Chamber and reported on the results of the Industrial Advertising Campaign, as follows: My purpose for appearing before you this evening is to bring you up-to-date on our current Bakersfield, California, June 7, 1976 - Page 2 85 Industrial Advertising Program and to request that the City consider the development of an Industrial Park in the southeast part of Bakers- field. As you will recall, I made a presentation before you at the initial stage of our Indus- trial Advertising campaign. That night we explained our purpose for the program and gave you details regarding the conception, planning, funding and implementing of the campaign. We felt the timing was right, the plan was right and the effort would produce results. I am happy to report to you tonight that the campaign has produced more responses than we had originally expected. We had determined that if we received three responses per ad, the campaign would be successful. To date, eight ads have been placed which has resulted in 44 responses. Needless to say, not all of these will be prime prospects, but our chances are greater now than ever and we are confident that Bakersfield will become the benefactor of this effort. This now brings me to the main reason for being here tonight. In the effort to attract more industry to our area, our committee has attempted to survey the type of industry that we wanted. It was determined that because of our large agri-business economy, an attempt should be made to attract agri-related business, which includes processing, warehousing, packaging, etc. But, in order to attract processors, you must have the sewer and water facilities to accommodate primary treatment, usually at greater amounts than most facilities can allow. However, there is a facility available that could be a possibility in regards to this matter, that being Treatment Plant No. 1 at Mount Vernon and Highway 58. We understand that this plant will be surplus to the City and we would request that the City help develop 100-160 acres of this City-owned property into an Industrial Park to include Treatment Plant No. I as an Agri-related sewer plant. We understand that this is an old facility and in order to put it into shape, some major repairs must be done. We feel it could be accomplished with funding from the Economic Development Administration who would also help with the cost of developing the Industrial Park. At any rate, we sincerely believe that this proposal will help us encourage new development in Bakersfield. Your consideration of this request will be greatly appreciated. Thank you. Bakersfield, California, June 7, 1976 - Page 3 Upon a motion by Councilman Rogers, the request of the Industrial Development Committee of the Greater Bakersfield Chamber of Commerce that Sewer Treatment Plant No. 1 at Mt. Vernon and Highway 58 be developed into an Industrial Park was referred to the Water and City Growth Committee for in-depth study and report back to the Council with a recommendation. Mr. Don Hopkins, Executive Vice President of the Better Business Bureau of South Central California, with offices in Bakersfield, discussed the $12,000 settlement that Oshman's Sporting Goods, also known as Mid-Valley Sporting Goods, paid the City of Bakersfield as a result of a false advertising complaint brought by the City Attorney against Oshman's and commended the City Attorney's office for its forthright and speedy action. Mr. Arden H. Berg, Community Representative for the Sign Users Council of California, located at 311 North Normandy Avenue, Los Angeles, invited any member of the City Council, Planning Commission and City Planners to attend their June 15th Legislative Signing Seminar at the Los Angeles International Airport Sheraton Hotel. This will be the first statewide sponsored gathering for the purpose of establishing a much-needed dialogue between the users of the on-premise electric sign and members of the planning community. Mr. Jack Van Zandt, 48375 Cherry Lane, Tehachapi, representing the Rain-Making Project for Kern County and Chief Pilot for ten years for the Cloud-Seeding Program, presented "An Evaluation of Weather Modification Activities on the Kern River Watershed, 1967-70," prepared by the Taft College Mathematics Department. The Cloud-Seeding Program~ he stated, was discontinued by the County of Kern in 1970, after being in force for twenty years, because of a lack of funds. He requested the support and assistance of the City Council for reinstatement of this program by the County of Kern, or investment of the City in this program. Bakersfield, California, June 7, 1976 - Page 4 Upon a motion by Councilman Barton, Mr. Van Zandt's program was referred to the Water and City Growth Committee for study and report back to the Council. Mr. and Mrs. Carl (Vera) Smith addressed the Council relative to their Claim against the City filed on April 15, 1976, and Amended Claim filed May 7, 1976, for Attorney Fees, resulting from the City Council's denial on November 17, 1975, of a Condi- tional Use Permit for operation of a Day Care Nursery Center at 2701 3rd Street. Councilman Christensen made a motion that Mr. Smith be awarded a sum equivalent to the costs he incurred in retaining an Attorney. After considerable discussion, Councilman Strong stated he would like to receive a letter from Mr. Smith's Attorney as to what his position was and would like to receive some of the comments from the neighbors, if that was recorded, to determine the basic question if a proper investigation was made; that is the issue. Upon a substitute motion by Councilman Strong, the matter of Mr. and Mrs. Carl Smith's Claim against the City of Bakersfield be referred to the Governmental Efficiency and Personnel Committee to determine whether or not a proper investigation was made by the City Staff, was approved. Vice-Mayor Bleecker explained to Mr. and Mrs. Smith what steps the Council Committee would be taking prior to making a recommendation and, because of the Council's oncoming budget considerations and summer schedule of Council Meetings, it would take some time to accomplish this. Mr. Wayne McNamee, Owner of Center Neon Sign Company, residing at 4216 Coronado, Bakersfield, questioned Councilman Rogers, Chairman of the Water and City Growth Committee, regarding that Committee's consideration of his minority report and substitute proposed Sign Ordinance. Councilman Rogers indicated that the consensus of the majority of the Committee members was to consider Bakersfield, California, June 7, 1976 - Page 5 the proposed Sign Ordinance submitted by the Citizens Advisory Committee as a base, as many hours and considerable effort had gone into the development of that particular proposed Sign Ordinance, in order to reach a conclusion to this eight-year project and avoid further delays. Councilman Barton said he would make a minority state- ment at the Council Meeting of June 14, 1976 on the majority proposed Sign Ordinance, the minority proposed Sign Ordinance and the Planning Commission proposed Sign Ordinance, that the Committee should make a comparison and analyze them as to their economic impact, aesthetic impact and all other factors. Correspondence. Councilman Barton read into the record correspondence from the East Bakersfield Progressive Club, dated May 28, 1976, as follows: Honorable City Councilmen, City of Bakersfield Gentlemen: The Board of Directors of the East Bakersfield Progressive Club at their meeting held on May 27, 1976 voted to go on record as opposing the passage of the proposed City of Bakersfield Sign Ordinance as presented by the Citizens Advisory Committee. Sincerely, C. E. Binninger Secretary Upon a motion by Councilman Barton, correspondence from the East Bakers£ield Progressive Club, dated May 28, 1976, was received and placed on f~le. Reports. Councilman Rogers, Chairman of the Water and City Growth Committee, read Report No. 7-76 regarding Southeast Bakersfield Wastewater Treatment Facilities Consolidation, as follows: On February 23, the City Council adopted Report No. 3-76 from this Committee, which approved the redesign of Sewer Treatment Plants i and 2 Bakersfield, California, June 7, 1976 - Page 6 89 to allow for effluent spreading in lieu of sale of the effluent as had been originally antici- pated for this project. In April of this year, the Water Resources Control Board, Division of Water Quality, gave concept approval to the City for this new alternative and has now indicated that grant funding will be extended to us, subject to some conditions, as follows: First, on June 9, 1975, the City Council adopted Ordinance No. 2232 New Series, which provided for the entering into of an agreement for a Lease/Leaseback arrangement and the formation of a non-profit corporation for the purpose of selling bonds to meet the City's share requirements of the Regional Wastewater Program. Because of the cost of additional land acquisi- tions under the new plan and the cost escalations of the plant, it is now necessary to adopt a new Ordinance establishing a new base rental amount. L. F. Rothschild and Co., financial consultants retained for this project, have recommended an amount of $600,000. This would be a maximum amount. The actual annual rental would not be determined until such time as the bonds are actually sold. It is the financial consultants' projection that the base rental amount in all probability would be closer to $500,000, as can be seen on the attached letter. Second, on June 16, 1975, the City Council adopted Resolution No. 40-75 agreeing to parti- cipate in the development of an Air Quality Maintenance Plan for Kern County. An Air Quality Maintenance Plan is required because the Air Resources Board (ARB) and the Environ- mental Protection Agency (EPA) have determined that Kern County is anticipated to exceed ambient air quality standards in the future; the Clean Air Act requires that areas which are expected to exceed standards develop plans for achievement and maintenance of adequate air quality. The City's agreement to participate in the Air Quality Maintenance Plan process is linked to approval of the Southeast Wastewater Treatment Plant Consolidation Project. ARB has indicated that the initial and supplementary draft EIRs on the project did not adequately address possible adverse impacts on air quality. As alternatives to supplemental study to modify the EIR prior to action on grant approval, ARB has indicated that the following will be acceptable: Prepare a supplemental study on air quality mitigation measures related to the treat- ment plant project to be completed prior to payment of more than 80% of the Step 3 award. This study would be grant fundable. 9O Bakersfield, California, June 7, 1976 - Page 7 2. Commit one man-year for fhe next two years to work with other local agencies to develop an Air Quality Maintenance Plan for Kern County. This commitment would not be grant fundable. RECOMMENDATIONS It is the recommendation of this Committee that: 1. The Ordinance establishing the new base rental agreement be adopted and that this be considered first reading; 2. That the Council agree to one additional position in the Planning Department for fiscal years 1976-77 and 1977-78 for the purpose of land use, transportation and air quality maintenance planning. Councilman Medders questioned making a decision at this time on the hiring of another employee. Councilman Rogers stated that one of the requirements in the grant by the State of California is this requirement and before this position is filled, it would be referred to the Governmental Efficiency and Personnel Committee for their recommendations as far as salary range and how this employee would be fitted into the Planning Department. He further stated that one of the require- ments before this grant is awarded is a sewer charge for anyone using the facilities, which would provide additional revenue to offset the cost of the additional employee required by the terms of this grant. Councilman Medders questioned whether revenue generated by the sewer charge was to be held in abeyance for maintenance and expansion. Assistant City Manager Buell stated the Sewer Service Charge would be an amount established by the City Council, with minimum guidelines to be followed which are suggested by the Revenue Program in terms of money to be set aside for waste water recovery, operation and maintenance of the plant, and other related activities. The maximum amount would certainly be up to the City Council. Bakersfield, California, June 7, 1976 - Page 8 91 Councilman Rogers indicated that unless the City complies with the two requirements stated in the report the grant will not be awarded and the deadline is June 30, 1976. Assistant City Manager Buell said that the time schedule would be to present the grant award for Council approval at the Council Meeting of June 28, 1976. Councilman Strong questioned when the User Fees would be established. Assistant City Manager Buell responded that the issue will be brought before the Council at budget time in 1977 and will be implemented at the time the City uses 80% of its grant funding, which would be approximately 22 months from now. Upon a motion by Councilman Rogers, Report No. 7-76 of the Water and City Growth Committee regarding Southeast Bakersfield Wastewater Treatment Facilities Consolidation was accepted, and the Council agreed to one additional position in the Planning Department for fiscal years 1976-77 and 1977-78 for the purpose of land use, transportation and air quality maintenance planning. First reading of an Ordinance of the Council of the City of Bakersfield repealing Ordinance No. 2232 and approving a Formal Agreement relat- ing to a Public Leaseback, and the execution thereof, by and between the City of Bakersfield and the Southeast Bakersfield Wastewater Treatment Facilities Consolidation Corporation. First reading was considered given an Ordinance of the Council of the City of Bakersfield repealing Ordinance No. 2232 and approving a Formal Agreement relating to a Public Leaseback, and the execution thereof, by and between the City of Bakersfield and the Southeast Bakersfield Wastewater Treatment Facilities Consolidation Corporation. Councilman Rogers, Chairman of the Water and City Growth Committee, read Report No. 8-76 regarding Budget Transfer for Consulting Water Attorney Services, as follows: In order to provide funds for consulting legal services related to the City's water acquisition 92 Bakersfield, California, June 7, 1976 - Page 9 program, a total of $60,000 was included in the 1975-76 budget. The need for these services has been greater than originally anticipated. This has been due primarily to the additional time needed for negotiations, meetings, and the preparation of various legal documents and agreements. It is estimated that an additional $38,000 will be needed to account for these costs and other expenses prior to the end of the current fiscal year. The Committee, therefore, recom- mends that a total of $38,000 be transferred to the City Attorney's Professional and Consulting Services Account (Account No. 11- 525-4100) from the following sources: 1. $8,000 from Account No. 11-525-0100 (City Attorney) 2. $16,500 from Account No. 25-795-9100 (Capital Outlay Fund-Land and Improvements) 3. $8,500 from Account No. 25-510-6100 (Capital Outlay Council Contingency Fund) 4. $5,000 from Account No. 11-510-6100 (City Council Contingency Fund) With the signing of the water purchase agreements, it is anticipated that the needs for these special legal services will be greatly reduced in the future. Upon a motion by Councilman Rogers, Report No. 8-76 of the Water and City Growth Committee regarding Budget Transfer for Consulting Water Attorney Services was accepted, and Budget Transfers as outlined in the report were approved. City Manager Bergen read a report regarding Southeast Bakersfield Wastewater Treatment Facilities Consolidation, as follows: As the City of Bakersfield progresses towards the implementation of its Wastewater Treatment Program, there are some changes that need to be made relative to the manner in which we have been regulating sewer construction, sewer use and industrial waste discharge. The sewer use ordinance that the City has been operating under was initially adopted in 1962, and since that time there have been a number of changes in both state and federal regulations relative to this subject. In addition, the requirements of the waste- water grant that we have applied for is that our sewer use ordinance comply with the latest rulings of the Environmental Protection Agency Bakersfield, California, June 7, 1976 - Page l0 93 and the State Division of Water Quality. The staff has prepared a draft of a new sewer use ordinance to meet these objectives. It is recommended that this ordinance be referred to the appropriate committee for study, evaluation and recommendation to the Council at a later date. Upon a motion by Councilman Rogers, report from the City Manager regarding Southeast Bakersfield Wastewater Treatment Facilities Consolidation was accepted, and draft of new Sewer Use Ordinance was referred to the Water and City Growth Committee for study, evaluation and recommendation to the Council at a later date. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 4525 to 4666, inclusive, in the amount of $440,586.23. (b) Claim for Damages from Pacific Telephone Company. (Refer to City Attorney) (c) Claim for Damages from Pacific Gas and Electric Company, 1918 "H" Street. (Refer to City Attorney) (d) Notice of Completion and Acceptance of Work on project known as Police Building - Signal and Communications Equipment - Contract No. 75-59 with ComCenter Corporation. (e) Notice of Completion and Acceptance of Work on street and sewer improvements under Tract No. 3710 - Contract No. 75-78 with Elmer F. Karpe, Inc. (f) Notice of Completion and Acceptance of Work on project known as Police Building - Dictaphone Equipment - Contract No. 75-67 with Dictaphone Corporation. (g) Storm Drain Easement from J. Phil Johnson Company for access as required for Tract Map No. 3805 located west of Wible Road and south of Planz Road. (h) Street Easement from Charles L. Wren and Ramona A. Wren providing for street right- of-way for Tract Map No. 3771 for Harris Road. (i) Street Easement from Elmer F. Karpe, Inc., providing for the street right-of-way for Parcel Map No. 3293 for Coventry Drive. 94 Bakers£ield, California, June 7, 1976 - Page ll (j) Plans and Specifications for construction of Phase I of the Northwest Bakersfield Drainage Project. Councilman Strong requested clarification of Item and City Manager Bergen pointed out that with the Council's approval of construction of Phase I of the Project. the Plans Northwest (J) it concerns itself only and Specifications for Bakersfield Drainage Upon a motion by Councilman Christensen, Items (a), (b), (c), (d), (e), (f), (g), (h), (i) and (j) of the Consent Calendar, were adopted by the following roll Ayes call vote: CouncilmenChristensen, Medders, Rogers, Bleecker Noes None Absent: Councilman Sceales Action on Bids. Upon a motion by Councilman Barton, low bid of Mead House Wrecking Company for demolition of former City Police Building, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Upon a motion by Councilman Medders, low bid of The Corporate Appraisal Company to inventory, tag and City's Fixed Assets, was accepted, all other bids the Mayor was authorized to execute the contract. New Business. Approval of Municipal Dog Pound Lease with the County of Kern. Upon a motion by Councilman Christensen, Three Year Lease of Municipal Dog Pound with the County of Kern, was and the Mayor was authorized to execute same. Approval of Lease Agreement between the City of Bakersfield and Hyland Division Travenol Laboratories, Inc. for building located at 2014 "L" Street. Agreement with Hyland Division Travenol Laboratories, Strong, Barton, valuate the rejected and approved Upon a motion by Councilman Medders, Three Year Lease Inc. for Bakersfield, California, June 7, 1976 - Page 95 City-owned building at 2014 "L" Street, was approved and the Mayor was authorized to execute same. Approval of Application by General Sign Company to install a 75 foot sign for the Carrows Restaurant and California 6 Motel at 1350 Easton Drive. Pursuant to Section 13.40.080 of the Municipal Code no permit £or a sign exceeding fifty feet from grade level shall be issued without prior approval of the City Council. This is a C-2 zone and the proposed sign is a double faced interior illuminated plastic panel approximately 10' x 20' at the top of the poles. 7'6" below this sign is a Cali£ornia 6 Motel sign which is 12'6" x 15' Other signs in the immediate area over 50 feet in height are The Coffee Shop - 90 feet, 80 feet, Mobil Oil - 65 feet, Restaurant - 80 feet. Sign, sign. Shell Oil - 80 feet, Standard Oil - Rodeway Inn - 70 feet and McDonald's Mr. Joel Cuddler, representing General Neon & Plastic Santa Fe Springs, spoke in favor o£ the approval of the Upon a motion by Councilman Strong, application by General Sign Company to install a 75 foot sign for the Carrows Restaurant and California 6 Motel at 1350 Easton Drive, was approved. Appea~ from Judy Garyin regarding City Manager's denial for renewal of a "Cardroom Work Permit." Upon a motion by Councilman Christensen, June 28, 1976~ at 8:00 P. M., in the Council Chambers of City Hall, was the time set for hearing an appeal by Judy Garvin regarding the City Manager's denial £or renewal of a "Cardroom Work Permit." Bakersfield, California, June 7, 1976 - Page 13 Adoption of Resolution No. 35-76 of the Council of the City of Bakers- field establishing the City Council as the Parking Authority for the City of Bakersfield, identifying property used or to be used for parking purposes and transferring adminis- trative control of such inventory to the Parking Authority and directing the deposit of all parking revenues to a Parking Authority Fund hereby established. Councilman Bleecker stated that he believes this is a great step forward in establishing sufficient parking, not only for downtown Bakersfield but in other areas as conditions require. Councilman vote for adoption. Councilman Christensen stated he would be very happy to Rogers commented that he has had complaints about the difficulty of parking in the Civic Center area and would like to request, upon adoption of this Resolution, that the Parking Authority take a look at the area and make this one of the first items of consideration in providing additional parking. Upon a motion by Councilman Barton, Resolution No. 35-76 of the Council of the City of Bakersfield establishing the City Council as the Parking Authorify for the City of Bakersfield, identifying property used or to be used for parking purposes and transferring administrative control of such inventory to the Parking Authority and directing the deposit of all parking revenue to a Parking Authority Fund hereby established, was adopted by the following roll call vote: Ayes Councilmen Christensen, Medders, Rogers, Strong, Barton, Bleecker Noes None Absent: Councilman Sceales Councilman Barton stated that a parking study has been made and it is recognized that the quadrant Councilman Rogers refers to is short a tremendous amount of parking spaces, and now that the Council is the Parking Authority, everything possible should be done to alleviate the deficiencies in parking in the quadrant and all areas. Bakersfield, California, June 7, 1976 - Page 97 Adoption of Resolution No. 36-76 of the Council of the City of Bakers- field approving Agreement between City and P. G. & E. covering pole contacts and authorizing the Mayor to execute same. The Agreement approved by this resolution would give the City permission to obtain service from Pacific Gas & Electric Company power poles to serve traffic signal and light circuit at "L" and "P" Streets between 17th Street and Truxtun Avenue. The new service points are necessary due to the underground district work in this area. Upon a motion by Councilman Barton, Resolution No. 36-76 of the Council of the City of Bakersfield approving Agreement between City and P. G. & E. covering pole contacts and authorizing the Mayor to execute same, was adopted by the following roll call vote Ayes Noes Absent: Councilmen Christensen, Medders, Rogers, Strong, Bleecker None Councilman Sceales Adoption of Resolution No. 37-76 of the Council of the City of Bakers- field approving application for preliminary ~oan for Low-Rent Public Housing. The City of Bakersfield entered into a Cooperative Agreement with the Housing Authority in 1973 pursuant to the Barton, the elderly. That agreement assured the Housing Authority that the City would cooperate in the filing of This resolution, in effect, 118 housing units £or the elderly and the necessary applications. says that the City desires supports the Housing Authority's effort to purchase and maintain Christian Towers. The Housing Authority will pay equal to approximately 10% of the collected rent. owners were exempt from paying property taxes. the repossessed in-lieu taxes The previous successful referendum in November, 1972, for 200 housing units for Bakersfield, California, June 7, 1976 - Page 15 Upon a motion by Councilman Strong, Resolution No. 37-76 of the Council of the City of Bakersfield approving application for preliminary loan for Low-Rent Public Housing, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Strong, Barton, Bleecker Noes: None Absent: Councilman Sceales Abstaining: Councilman Rogers Councilman Rogers stated he abstained from voting because he does not know enough about the matter to vote in the a£firmative. Councilman Medders commented that he might well have voted no or abstained, but the electorate voted to go along with the program in November 1972. Proposed Annexation Policy for the City of Bakersfield. The Planning Commission has reviewed and approved a policy on annexation which proposes that the City actively pursue annexafions; the initial emphasis should be placed on uninhabited areas which are anticipated to urbanize within the foreseeable future. The Coramission believes this to be a reasonable policy and a good framework for staff to work within. Councilman Rogers moved that this matter be continued until the next Council Meeting to allow for more time to study the proposed Annexation Policy. Upon a substitute motion by Councilman Medders, the Council voted unanimously to continue action on the Proposed Annexation Policy for the City of Bakersfield until the City Council Meeting of June 28, 1976. Vice-Mayor Bleecker declared a brief recess at this time. Hearings. This is the time set for public hearing before the Council on the 1976 Weed Abatement Program. All lots have been posted and owners have been notified by certified mail. Bakersfield, California~ June 7, 1976 - Page 16 99 Fire Marshal Jack Reed reported that the Weed Abatement Program was started on May l0 and ran through May 16, 1976. A Weed Abatement List indicated 485 properties in need of weed abatement, and there were 339 properties that had been cleared or improved, for a total of 824 properties. A second notification will be sent, if required. Councilman Rogers referred to a letter from Mr. Jack Clare, dated May 26, 1976. indicating that he felt not enough time was allowed the property owner to abate the weeds on his property. Upon a motion by Councilman Barton, Mr. Clare's letter was received and placed on file. Councilman Strong voted in the negative on this motion. Vice-Mayor Bleecker declared the hearing open for public participation. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Medders, Resolution No. 38-76 finding that certain Weeds growing on properties in the City of Bakersfield constitute a public nuisance and directing the Chief of the Fire Department to destroy said Weeds, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Rogers, Strong, Barton, Bleecker Noes: None Absent: Councilman Sceales This is the time set for continued public hearing before the Council for hearing protests by persons owning real property within territory designated as "Kern River No. 4," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and notices sent Upon a motion the annexation of "Kern to all property owners as required by law. by Councilman Christensen, the hearing on River No. 4," was continued until November Bakersfield, California, June 7, 1976 - Page 17 8, 1976, by the following roll call vote: Ayes: Councilmen Christensen, Medders, Rogers, Strong, Barton, Bleecker Noes: None Absent: Councilman Sceales This is the time set for continued public hearing before the Council for hearing protests by persons owning real property within territory designated as "Kern River No. 5," proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised, the property posted and notices sent to all property owners as required by law. Upon a motion by Councilman Rogers, the hearing on the annexation of "Kern River No. 5," was continued until November 8, 1976, by the following roll call vote: Ayes: Councilmen Christensen, Medders, Rogers, Strong, Barton, Bleecker Noes: Absent: None This posted and the law. Councilman Sceales This is the time set for public hearing on application by the Chester Avenue Baptist Church to amend the zoning boundaries from an R-1 (One Family Dwelling) Zone to an R-1-CH (One Family Dwelling - Church) or more restrictive, Zone, affecting that certain property in the City of Bakersfield commonly known as 1501 South Chester Avenue. hearing has been duly advertised, the property property owners have been notified as required by Subject parcel is proposed to be developed with a parking lot which will be used in conjunction with the adjacent church complex. favor of April 21, consistent with the General Twenty-eight persons residing within the area signed in the zone change. A negative declaration was posted on 1976. The Planning Commission found the requested zone change Plan and recommended approval. Bakersfield, California, June 7, 1976 - Page 18 101 Vice-Mayor Bleecker declared the hearing open for public participation. Reverend Charles Wilkinson, representing the applicant, was present to answer questions o£ the Council. No protests or objections being received, the public portion of the hearing was closed for Council deliberation and action. Upon a motion by Councilman Christensen, Ordinance No. 2280 New Series amending Title Seventeen of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 1501 South Chester Avenue, finding that said zone change would not have a substantial adverse impact on the environment and that it is consistent with the General Plan, was adopted by the following roll call vote: Ayes: Councilmen Christensen, Medders, Rogers, Strong, Barton, Bleecker Noes: None Absent: Councilman Sceales This is the time set for public hearing on an Appeal by Samuel C. Barnes to the decision of the Board of Zoning Adjustment for modification of a C-O (Commercial and Professional Office) Zone to allow the reduction of the required off-street parking from 28 to 21 spaces and to waive the required 5 foot front yard setback for a proposed medical office on that certain property commonly known as 2229 19th Street. This hearing has been duly advertised, the property posted and the property owners have b~en notified as required by law. Vice-Mayor Bleecker declared the hearing open for public participation. Clifford Harding, Architect and representing the applicant, Dr. Barnes, who was present in the audience, requested that the Council grant this modification. 10 0 Bakersfield, California, June 7, 1976 - Page 19 City Manager Bergen reported that the staff has worked closely with the doctors who own the property adjoining Dr. Barnes and have arrived at a reasonable solution. If the parking for all three properties on the half block was considered as one parking lot, there would be a deficit of only one space for all three. Since all three property owners have agreed to this solution, it is recommended that the Council concur the waiver of the 5 foot front yard setback on "B" Street is in keeping with the development of that area and the recommendation is to approve the modification of parking and waive the 5 foot front yard set- back. No protests or objections being received, the public of the hearing was closed for Council deliberation and portion action. Upon a motion by Councilman Christensen, Zoning Resolution No. 249 granting modification of the Land Use Zoning Ordinance of the City of Bakersfield to permit the reduction of the required off-street parking from 28 to 21 spaces and to waive the required five foot front yard setback for a proposed medical office on that certain property commonly known as 2229 - 19th Street, was adopted by the following roll call vote: Ayes: Medders, Rogers, Strong, Noes: Absent: Councilmen Christensen, Bleecker Council, adjourned at Barton, None Councilman Sceales Adjournment. There being no further business to come before the upon a motion by Councilman Christensen, the meeting was 11:25 P. M. VICE-M~Y~YR of the City of Bakersfield, Calif. ATTEST: ~ Council CITY~-~ERK and Ex-~ Clerk of the of the City of Bak~rsfield, California mp