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HomeMy WebLinkAboutJAN - MAR 1971174 Bakersfield, California, January 4, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., January 4, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Kenneth Cragg of the Northminster Presbyterian Church. The City Clerk called the roll as follows: Present: Absent: Mayor Hart. None Minutes of the regular meeting of December 21, Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore were approved as presented. Scheduled Public Mr. Joseph C. Green, 421 Council and requested the adoption 1970 Statements. Golden Drive, addressed the of a resolution directed to the Board of Supervisors asking that Lake Ming be opened to the public for fishing, as the residents of the City are also residents of the County. He stated there are approximately ll,000 boats registered in the County of Kern, which would indicate that a minority of the taxpayers are using Lake Ming. Mayor Hart thanked Mr. Green for this suggestion but stated he would be reluctant at this time to offer any assurance that the Council would take a position on this controversial matter. He suggested that those persons in the City of Bakersfield who are interested in having the lake opened for fishing should circulate a petition and present it to the Board of Supervisors, who can then determine whether a majority of Greater Bakersfield residents want the lake opened to fishing. Correspondence. A communication was received from Mr. John E. McCutcheon expressing his dissatisfaction with the reception and service rendered by the Bakersfield Cable TV Company. Councilman Stiern stated that it occurred to him, after reading Mr. McCutcheon's letter, that there is considerable variation in the quality of television service throughout the City, and he suggested to the Bakersfield, California, January 4, 19?l Page 2 .175 City Manager that the City buy and maintain a top quality tele- vision set, which any Councilman or some other representative of the City, could take out to a location to check on complaints of poor service, as there is quite often the argument that the trouble exists in the customer's set. Mr. Bergen commented that he will discuss the proposal with the City's Radio Technician who is qualified to make suggestions which would be very helpful. Mayor Hart suggested thai the cable television company itself furnish a quality set for this purpose. Councilman Rucker pointed out that certain areas of the City, such as the Housing Project on California Avenue, are not fortunate enough to receive any type of cable television reception, and he is hoping that in the future the City staff and the cable television company will make an effort to provide service to the people in this area. Councilman Rees commented that at the present time the cable television company is using its own set to check on complaints, and he is impressed with the attitude of the new manager of this company who is endeavoring in every way possible to handle every complaint in a satisfactory manner. Upon a motion by Councilman Stiern, the communication from Mr. McCutcheon was received and referred to the City Manager for investigation and consideration of the suggestions made to- night. Upon a motion by Councilman Rees, copy of petition addressed to the Chief of Police from residents of University Avenue between Columbus and Mr. Vernon Avenue, requesting more boulevard stop signs, stop and go signals, or a 25 m.p.h. speed limit for the safety of the school children, was received and referred to the Traffic Authority for study and report back to the Council. Councilman Rees stated thai Captain Price of the Traffic Division has advised him that he is presently conducting an extensive study and analysis of the traffic problem at University and Wenatchee, and plans to make a report on this matter as soon as it is completed. 176 Bakersfield, California, January 4, 1971 - Page 3 construction. of this type is He stated: Council Statements. Councilman Stiern stated that he had a subject for thoughtful consideration by the Council which was brought to his attention by a photograph in the daily newspaper which showed a tremendously high crane in southwest Bakers£.ield on Wilson Road at the site of the 12-story Christian Towers Building now under It is his understanding that a nine-story building being planned for construction west of the City. We have discussed this before and there is no question in my mind of the propriety of the zoning involved, this is C-2 zoning. According to the Zoning Ordinance, you can build a building of this type in C-2 zoning. Notwilhstanding that, be- cause of the financial arrangement between the Federal Government and certain church organizations, such buildings when completed, end up tax-exempt. Presumably this City, or any City, must provide free garbage service, free sewer service, fire protection, police protection, all of the services that City residents require, must be provided free of charge to the people who live in these buildings. We will probably have to engine to fight any fire location in Bakersfield. a good idea for us just that building is built, be applicable. buy a $100,000 hook and ladder fire in the 12-story building in the one I couldn't help think that it might be to park that fire engine on that site when because that's the only place its use will In my judgment, I think that the development of lhese buildings constitutes a violation of an agreement reached when property such as this is annexed to the City. At the lime of annexation, developers are fully aware of their obligation to assume a share of the tax burden and the bonded indebtedness of the City of Bakersfield. And that obligation, I think, goes with annexation to the City. What kind of lunacy is manifested on the part of the Federal Government in financing this type of construction and then expecting cities throughout the country to absorb the increasE~d burden of services that goes with providing garbage collection and Bakersfield, Cali£ornia, January 4, 1971 - Page 4 that type of thing to these people, I can't understand. I also can't understand what church governing board would expect a City to pick up the tab for free services for a building o£ this type. I think that we have to face up to this, I think that we have to look at and do something about it. I have talked to the City Attorney about it. It occurred to me that we could perhaps de-annex this type of property inasmuch as the developers have violated what to me is a contract that they assumed when they annexed to the City. If we de-annexed the property, then we could assess charges for services against the building in question, which I think would be reasonable. Another thing that we could do~ would be to create an ordinance to provide services to tax- exempt buildings such as this so-called Christian Towers. The Federal Building~ I think £alls under this type o£ consideration. State and County buildings might fall under this consideration, where a City is expected to provide expensive services at con- siderable cost to the taxpayers of the City. What are we talking about? Well, I think immediately~ we have to adopt (1) an Emergency Ordinance controlling the height of these buildings. It seems reasonable that a building's height should be subject to review by the City Council. For example, a building like this could be built on the approach pattern to an airport, and that is unreasonable and dangerous. We have pre- cedents for reviewing the height o£ a building, such as those set up to control the height of signs within the City~ and I would think that we would have a similar right to examine and consider the height of multi-story buildings. I think we ought to immediately adopt an Emergency Ordinance to review the height o£ buildings. And the other thing I think we ought to do~ is to immediately consider the disincorporation of such properties, or adoption of an ordinance to create a fair charge for such services that are provided by the City to any or all tax-free buildings that fall in this category. Because the Federal Government has Bakersfield, California, January 4, 1971 - Page 5 instituted financing policies like this which will add a burden to the already hard-pressed City taxpayers, I think that we are obli- gated to correct the inequities which will surely follow. I would like to throw this out for consideration by the Council. Councilman Heisey commented that Bakersfield is one of the few cities in the State of California that provides these free services to tax-exempt properties. Nearly four years ago the Council considered making separate charges £or refuse collection to churches, schools and public buildings, but at that time did not follow through with the idea. However, this should be given a lot of serious thought and perhaps recommendations should be received £rom the Planning Commission in regard to the height of multi-story buildings. Councilman Vetter asked Planning Director Sceales why the Council at one time denied the construction of this 12-story building, and Mr. Sceales said he thought it was a matter of financing. Councilman Whirremote stated it was because the Council had refused to waive the required number of parking spaces. Mr. Sceales stated that there is a "D"-Overlay on the property, and that the developers are within the height limitations of the C-2 zone. The Planning Commission put a restriction on the structure in that there are to be no windows on the east side facing into the rear yards of the R-1 property. With the setback that this property has, the height Councilman Vetter stated one of the City departments inform limitation is 135 feet. he would be interested to have him what the amount of taxes would be on a piece of property similar to this if it were not tax-exempt; that is the cost of the building and the property, so that the Council would know what kind of subsidy it is granting to the developer. Councilman Rees asked the City Attorney to comment. Mr. Hoagland stated there are a great number of tax-exempt buildings in the City which are receiving free services that other people are charged for. This building is different in that it will be used for habitation but it still falls within the general category of property tax exemption. A certain amount of sales tax will Bakersfield, California, January 4, 1971 - Page 6 originate from the people living in the development, but as a general resident they will not pay taxes that other homeowners pay. In reply to a question from Councilman Vetter, he stated that this falls under the federal program for homes for the aged for which the government is furnishing the money and has specifi- cally written in the Act that programs such as these are exempt from local property taxes. Councilman Vetter asked the City Attorney to check with the League of California Cities to ascertain if any other cities have attempted to solve a problem of this nature. Mr. Hoagland stated he would check this out. Councilman Stiern stated that he had not introduced the a subject for irrational or irresponsible action, it is for very thoughtful consideration by the Council, and matter as a subject as such it should be referred to the Planning Commission for study and recommendation. Control of the height of buildings is a factor and the adoption of a possible ordinance setting fees for City services is a factor. Undoubtedly other cities are facing the same problem and perhaps will have answers that can help the Planning Commission in its recommendations to the Council. He then moved that these two considerations be referred to the Planning Commission for study and recommendation back to the Council. During discussion, Councilman Bleecker commented that in his opinion the whole question of property tax exemption should be referred to a committee of the Council. It would be within the prerogative of the Planning Commission to recommend the height of buildings to the Council, but the tax-exempt status should be studied by a Council Committee. Councilman Stiern pointed out that he was not talking about the tax-exempt status, he was talking about the propriety of service charges to tax-exempt buildings, and he feels the Planning Commission might have some suggestions along that line. Councilman Bleecker asked the City Attorney if there was any reason why the City of Bakersfield could not impose a service charge on tax-exempt structures requiring City services, and Mr. Hoagland stated it could be done, but it would take some Bakersfield, California, January 4, 1971 - Page 7 modifications on the entire refuse collection system which he is not prepared to go into at the present time. Councilman Stiern commented that he does not think "it can be done", "it must be done". He doesn't intend to work a hardship on the retired couple who ultimately live in homes for senior citizens, but they should not expect their counterpoint retired in the City of Bakersfield to pay a double tax to provide them with City services. Mr. Hoagland pointed out that some cities have service charges for sewage, refuse and water, where they own the water system, which are billed on the same statement. Councilman Heisey stated he would like to support the motion to refer the matter to the Planning Commission, as it is a reasonable approach. There is no need for the Council to act too hasty, as this matter will take an in-depth study. Council- man Stiern commented that there may be segments of the problem which the Commission may wish to refer back to a committee of the Council. Councilman Rucker stated this is part of the growth of any City to have buildings of this type constructed, that he would go along with the study, as suggested by Councilman Stiern, but the taxpayers should be willing to assume the burden in order to enhance the growth of the City. Councilman Vetter stated that with Councilman Stiern's permission, he would suggest that a copy of his comments be included in the referral to the Planning Commission, as they cover all the points discussed. Vote was taken on Councilman Stiern's motion, which carried unanimously. Councilman Vetter asked Mr. Bergen what had been done in connection with the burned property on Chester Avenue, stating that he had noticed plate glass scattered on the sidewalk in front of the building. Mr. Bergen replied that he had talked to the Fire Chief today who indicated that the Building Director and he had held a meeting with the property owner who had agreed to Bakersfield, California, January 4, 1971 - Page 8 !8!_ secure the building and plans a building program later on this year. Councilman Vetter asked if it wouldn't draft an ordinance to require that a building be immediately after a fire. Mr. Bergen said there nance~ the owner has been notified to close up the has done so. The Fire Chief has agreed to furnish with a report which he will send to the Council. in a proper manner in the immediate future, be feasible to secured properly is such an ordi- building and he the City Manager Mr. Hoagland pointed out that the City does have a pro- cedure for the abatement of old, dilapidated, or burnt-out buildings which requires a hearing, usually 90 day notices~ to tear down the structure, clean off the lot~ or rebuild. Appeals can be made on the method of doing this~ so that many times it develops into a rather lengthy procedure. Councilman Vetter insisted that this building constitutes a hazard and it should be properly boarded up. He asked that he be furnished with a copy of the report from the Fire Chief on what is being done on this structure. Councilman Bleecker agreed that something should be dope, this building is in his ward, and he asked that he also receive a copy of the Fire Chief's report. Councilman Heisey commented that the procedure does take time~ but there are ordinances on the books to accomplish the abate- ment procedures. He feels that the City should be commended for what it has been able to do along this line in the past~ that it has pioneered the abatement of public nuisances. Allowance of Claims. Upon a motion by Councilman Bleecker, Vouchers Nos. 2146 to 2209 inclusive, in amount of $12,951.80 were approved and authorization was granted £or payment. Action on Bids. Upon a motion by Councilman Bleecker, low bid o£ Griffith Co. for resur£acing portions of Chester Avenue and "F" Street and Bakersfield, California, January 4, 1971 - Page 9 the paving of California Avenue Park service drives was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rees, low bid of Kern Sprinkler Company for construction of irrigation system on New Stine Road from Stockdale Highway to Sundale Avenue was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. The Council engaged in a discussion on the proposed lease of real property and building locally designated as 2014 "L" Street. Councilman Vetter asked the City Manager the term of the lease and was told that it was for three years. Councilman Vetter stated that he understood the amount of $175.00 offered by the one bidder is the same amount paid to the City by the Chamber of Commerce for a number of years. He feels that when a person bids in good faith and there is only one bid, that the lease should be awarded to this person. Mr. Bergen stated that the Chamber of Commerce paid the City $188.00 a month on a lease commencing over ten years ago. Councilman Whittemore stated he agrees with Councilman Vetter. He stated that he knows the City was contacted by several realtors, as one contacted him personally and he referred him to the City Manager's office. He doesn't feel that the City will gain anything by rejecting the one bid received. This is an area where there are numerous vacant properties and he is not so sure that this isn't a good lease. Councilman Rucker stated he agreed with the two Council- men. It seems very unfair to him to advertise for bids and then reject the one bid received. He feels that a minimum should have been stipulated in the specifications that were sent out to the bidders. This bid was submitted in good faith and the Council should accept it. Councilman Rees asked Mr. Bergen if rejecting the lease was ethical and a practice amongst municipalities. Mr. Bergen answered "yes", the City reserves the right to reject any and all bids. The Council itself has rejected bids as being excessive in Bakersfield, California, January 4, 1971 - Page 10 1 8;¢ several instances where contractors have submitted bids in good faith and have expended considerable time and money in preparing the bid. The City is in no way obligating itself to accept any bids. The staff has been told what the going price is for property in that area, and it feels that it should take every prudent effort to obtain a reasonable price for this particular building. The recommendation of the staff is to reject the bid, re-advertise, offer a realtor's commission, and at that time evaluate the bid again. He does not feel that a minimum should be indicated in the specifications. The Council should have the flexibility to deter- mine what action it wants to take. Councilman Heisey stated he had talked to the person who had submitted the bid and it was indicated to him that the bidder would be willing to negotiate a contract with an escalator clause in it. He would like to have the staff take another week to endeavor to negotiate a contract that would perhaps increase the rental $75.00 a month over a period of the next two years, and have some reasonable return on the City's investment. If some- thing can't be worked out, it can be brought back to the Council next week~ and at that time ask for new bids. Councilman Stiern stated that he can recall any number of instances when the Council was not satisfied with the bids it received, and has thrown them out for re-advertising. Since there is only one bid, which he thinks is rather low, and the Council is obligated to lease the property for the best price possible, he feels that the City Manager should be given the latitude to negotiate for as high a lease as he can get. The only thing better he can think of is to sell the property and get it back on the tax rolls. Councilman Bleecker commented that he feels it is the responsibility of the Council to lease the property at the highest dollar value possible. He then moved that the one bid received be rejected, that the Finance Department be authorized to re-advertise for bids and that the new bid contain a clause offering a commission to any California licensed realtor who offers an accepted proposal. 184 Bakersfield, California, January 4, 1971 - Page 11 Councilman Vetter asked the City Attorney if it would be legal to negotiate this lease to include an escalation clause for the last two years. Mr. Hoagland stated only to the extent that any agreement the City enters into will contain a clause stating that it may be altered by mutual agreement. It is not proper to negotiate the specifications prior to entering into an agreement as the contract for, and there might have to bid on the same basis. Councilman Vetter offered acceptance of the bid be delayed to is entered into for what the bids calls been other people who would have wanted a substitute motion that the permit the staff to negotiate with the only bidder and come back to the Council with a favorable recommendation. Mr. Hoagland said an offer has been made and this method of negotiating could not be done legally. Councilman Vetter then withdrew his substitute motion. Councilman Rees asked Councilman Bleecker if he would change his motion to delete the term "realtor" and substitute the term "real estate agent", and after discussion, Councilman Bleecker agreed to make that substitution. Vote was then taken on the motion which carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Rees, Stiern Noes: Councilmen Rucker, Vetter, Whirremote Adoption of Ordinance No. 1899 New Series of the Council of the City of Bakersfield amending Section 7.52.190 "Taxi Rates and Fares" of the Municipal Code of the City of Bakersfield. Upon a motion by Councilman Rucker, Ordinance No. 1899 New Series of the Council of the City of Bakersfield amending Section 7.52.190 "Taxi Rates and Fares" of the Municipal Code of the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Vetter, Whittemore Noes: None Absent: None Rucker, Stiern, Bakersfield, California, January 4, 1971 - Page 12 Adoption of Ordinance No. 1900 New Series of the Council of the City of Bakersfield adding Chapters 11.12.060 (i) and 11.04.572 to the Municipal Code prohibiting the removal of traffic control markings on vehicle tires. Upon a motion by Councilman Bleecker, Ordinance No. 1900 New Series of the Council of the City of Bakersfield adding Chaplets 11.12.060 (i) and 11.04.572 to the Municipal Code prohibiting the removal of traffic control markings on vehicle tires, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None Purchasing Division authorized to negotiate discount prices for supplies of industrial chemicals, solvents, pipe and hardware items. The l~urchasing Division has determined that the following vendors are practical sources for items required in small quantities not practical for annual contract bidding but readily adaptable to its discount price program: Pioneer Mercantile, San Joaquin Dis- tributors, Jack Schwebel Keenan Pipe & Supply Co., Councilman Rees (Shell Oil Dist.), Dubois Chemicals, and Howard Supply Co. inquired of the staff how this list was established, whether these people were competitive with each other, or whether each vendor is a sole supplier. Mr. Frank Casey, Assistant to the Finance Director, explained that consideration was given to the convenience and locality, fast service records in purchase of sundry items, the size of the stock, and the availability of certain items. Each one is judged on service, locality and price. The Purchasing Division feels that the E.M.M.A. program is an asset and saves all departments time and money. Upon a motion by Councilman Vetter, the Purchasing Division was authorized to negotiate discount prices with the vendors listed. 186 Bakersfield, California, January 4, 1971 - Page 13 Acceptance of the Work and the Mayor authorized to execute the Notice of Completion for Contract No. 56-70 for Paving and Improving California Avenue from King Street to Williams Street. Upon a motion by Councilman Rucker, the Work was accepted and the Mayor was authorized to execute the Notice of Completion for Contract No. 56-70 for Paving and Improving California Avenue from King Street to Williams Street. Councilman Rucker asked the Director of Public Works to check on certain areas in this project where the work was not completed to his satisfaction, and Mr. Jing stated this would be done. Hearings. This is the time set for public hearing on an application by James Dewar to amend the zoning boundaries from an R-3 (Limited Multiple Family Dwelling) Zone to a C-1-D Limited Commercial Architectural Design) or more restrictive, zone, of that certain property commonly known at 1118 Eye Street. This hearing was duly advertised and posted and residents in the area were sent notice of the hearing. No written protests were filed in the City Clerk's office. The applicant is desirous of using the subject parcel of land for additional parking for his existing business and to enable him to construct a storage building on the back portion. The Planning Commission is of the opinion that this zone change would be compatible with existing zoning and development of the area. The Commission would recommend approval of the C-1 (Limited Commercial) Zoning with the application of the "D" (Architectural Design) Overlay to insure a compatible development of the site. Mayor Hart declared the hearing open for public partici- pation. No protests or objections were received. Mr. James Dewar, the applicant, stated that he had bought the property which had been old and condemned, and he Bakersfield, California, January 4, 1971 - Page 14 feels it will be a de£inite asset and improvement to the neighbor-- hood to build additional parking for his business and construct a storage building on the back of the lot. Mayor Hart closed the public hearing for Council deliberation and action. Councilman Stiern stated he £eels the request is reasonable and that the recommendation of the Planning Commission is a sound one. He then moved that Ordinance No. 1901 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 at 1118 Eye Street be adopted. This motion carried by the £ollowing roll call vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Mayor Hart commented that last week he was notified he would have to retract a statement that he had made in a Council meeting relative to conditions existing in this community paralleling the incidents which happened in other communities. He stated that he has no intention of retracting a true statement of a total fact. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 9:25 P.M. MAYOR of ~' City of Bakersfield, Calif. ATTEST: f.~.~a x icao Clerk of the Council of the City of Bakersfield, California iSS Bakersfield, California, January 11, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., January 11, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend William Duncan of the Greenacres First Baptist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Absent: Councilman Bleecker Minutes of the regular meeting of January 4, 1971 were approved as presented. Scheduled Public Statements. Mr. Sherman Tyler, who resides at 352 Beale Avenue, addressed the Council, stating that he represents Borgwardt South Union Council #2, and because of regulations which do not permit burning of trash and rubbish, 'it has been accumulating in the back yards of this area, part of which is in the County. January 25th through the 29th has been designated as "Clean-Up Week" for this area. They have plenty of manpower to help in this venture, but Mr. Tyler would like the City of Bakersfield to remove the re- strictions so that trash and brush can be dumped at the City's Sanitary Landfill and assist by furnishing trucks to pick up the boxed trash from the alleys. The Mayor and the Council complimented Mr. Tyler and his group for their efforts to clean up this area. Upon a motion by Councilman Rucker authorization was granted the Public Works Director to furnish the necessary trucks to assist in the clean-up week scheduled for this area. Correspondence. Upon a motion by Councilman Rucker, communication from Ray A. Vercammen, Kern County Recorder, commending Assistant City Attorney Don Davis for his cooperation and counsel and wishing him success in his new position in San Diego, was received and ordered placed on file. Bakersfield, California, January ll, 1971 Page 2 ! S9 The City Clerk read a communication from Mr. Citron Toy, Supervising Air Sanitation Officer of the Kern County Air Pollution Board, explaining the position of the District on matters involving odoriferous air pollutants. Councilman Heisey pointed letter that it is necessary for the out that Mr. Toy stated in his: public to initiate complaintire action in such matters, as the District itself is not empowered under the law to declare a particular nuisance as "public." City Attorney Hoagland slated fhat he was under the impression when the Air Pollution Control Board was established that it could make a determination of what constitutes a public nuisance as far as odor control is concerned, and take steps to correct the problem. However, the letter would seem fo indicate that the District is not empowered to abate what might be a nuisance until it is legally declared to be so. Upon a motion by Councilman Stiern, the communication was received and ordered placed on file, and Mr. Hoagland was directed to request an interpretation from Mr. Toy of the state- menis made in his letter, and report back to the Council. Council Statements. Councilman Heisey, Chairman of the Water and City Growth Committee, stated that for the past four years this Committee has fought long and hard to work out an exchange of first point Kern River water for the City's Feather River entitlement. During this period they have received many proposals to use something other than Kern River water, have been offered second point and poor quality water for possible exchanges, in which case they would be forced to pay several millions of dollars of tribute over a period of time. All proposals were refused, and recently the Council saw fit to file eight legal actions to acquire proper sources for a supply of water for the years ahead. He reported that at noon today he had a very satisfactory meeting with Mr. William T. Balch, the Chief Officer for Tenneco, Inc., which owns the water interests on the Kern River. Mr. Balch 1 9 0 Bakersfield, California, January ll, 1971 - Page 3 o£fered a simple plan for an exchange of first point Kern River water to the City of Bakersfield £or an equal amount of its Feather River entitlement. The water would be pumped up to the bluffs from the Kern River north of Bakersfield, so that there would be gravity flow through the California Water Service Company's con- nections. No tribute or charge would be paid by the City for this exchange. It is contemplated that a cross valley supply canal direct to the North of the River area will be built to provide water for that area and also for the East Niles Water Service area. These areas will be required to build their own water treatment plants to purify the Feather River water for their own consumption. This will not be a part of Bakersfield's responsibility. The Kern County Water Agency is in the process of forming an Urban Water District. The City has asked for and is waiting for the cost allocations for the formation of this District. As soon as they have been presented and analyzed by the City's Engineer and Staff, the Council Water Committee will determine if the costs are reasonable, equitable and fair for the people of the City of Bakersfield. Hopefully, i£ the cost allocations are prope:c, the City will be able to support the formation of this District at the hearing to be held the latter part of February. Mayor Hart asked if this proposal for the exchange of Kern River water will in any way weaken the City's position in the suit which has been initiated. Mr. Hoagland stated that no demands have been made to date to drop the City's lawsuit. However, if the exchange goes through as contemplated, it will obviate con- demnation of the water and there will be no need to follow through on the suit which has been filed for this purpose. As far as the suit for the determination of the City water rights is concerned, there have been no discussions pertaining to the suit in this agreement. Councilman Heisey stated that naturally, there are areas of understanding which need to be resolved. The discussion with Mr. Balch dealt primarily with the quality of water they will receive in exchange for the Feather River water and the certainty of the supply. Bakersfield, Cali£ornia, January 11, 1971 - Page 4 Councilman Whittemore stated that KERCOG has been meeting for over three years with representatives from the eleven incorporated cities and the Board o£ Supervisors. Last Tuesday night the job speci£ications for employment of a COG Planning Director were approved and the matter is now in the hands of the Board of Super-. visors. The Director of Personnel for Kern County will determine the salary level before recruiting for the position. This employee will either be under Kern County Civil Service or, as £avored by a number of the eleven cities~ on a contractual basis. When this man is employed~ the requirements of HUD will be satisfied and recognition will be routine. KERCOG has been reviewing applications from Kern County Cities for ~ederal funds. At Tuesdays meeting one application was tabled~ and three were approved~ one of which was from the City of Bakersfield for $109,000 for the TOPICS Program which is in conjunction with the County o£ Kern. Federal funds are needed to accomplish improvement work and COG will not only review the applications for approval or denial~ but must also set up priority lists for approval of the applications. He stated thai he wished to publicly commend Supervisor Leroy Jackson for his stand at the Association of Supervisors meeting recently when he opposed the suggestion of the Chairman of the Board to form a Regional District of the San Joaquin Valley Counties, which the City has been opposing, as it was a plan which would have been superimposed on the Association of Cities if it had not been able to work out an agreement with the County to establish its own organization. In order to assure that a quorum is present at each meeting~ he asked the Council to consider appointing an alternate representative prior to the first Tuesday of next month who could serve in the event he is not able to attend the meeting. Reports. City Manager Bergen read a report to the Council from Captain Price of the Traffic Division, on a petition signed by about 15 residents from the 3300 to 3?00 block o£ University Bakersfield, California, January 11, 1971 - Page 5 Avenue, which indicated that these residents felt there was a great need for more boulevard stop signs, stop and go signals, or a 25 mile per hour speed limit for the safety of their children and themselves. They further indicate that University Avenue is a speedway with speeds in excess of 60 miles per hour as a regular occurrence, and they feel that part of this problem is the result of the Bakersfield College. A radar survey was conducted and it was found that the 85 percenttie speed is above 35 miles per hour on the street and is, in fact~ 42 miles per hour. The average speed on the street was 36 to 37 miles per hour which indicates that most persons are traveling at the speed limit or higher. Several surveys for speed were made on various streets within the City comparable to University and on each occasion it was found that the 85 percenttie traffic is running 5 to 7 miles per hour above the posted speed limit, which indicates that there is no greater speed problem on University Avenue than on other streets within the City. In checking traffic enforcement on University Avenue, it was found that 40 to 70 citations have been issued per month on that street throughout fhe year 1970~ which indicates that the officers in the district are attempting to enforce the speed limit with considerable regularity. Part of the petitioners' complaint is that school children must cross this street and this is true. It must be pointed out that there are some 29 schools within the City of Bakersfield which are located on or near major or collector streets such as University Avenue, and each of these schools has starting and closing hours at about the same time. This is almost equal to the total number of officers in the Traffic Division and it is an impossibility to patrol each one of the streets all of the time~ but the patrol is rotated so that each street gets adequate and equal patrol from the available personnel. In the petition was a request for additional stop signs or traffic signals. Any traffic control device musf be installed Bakersfield, California, January ll, 1971 - Page 6 in accordance with established warrants. It has been found that the installation of a traf£ic control device such as a stop sign~ where it is not warranted, often creates accidents and a stop sign in itself certainly will not reduce speed. At the present time the intersection of University Avenue and Wenatchee Street is under study for the possibility of 4-way stop signs. There are a couple more items which must be checkedbefore we can make our recommendations. This is the only intersection on the street which indicates any problem whatsoever, and which comes anywhere near meeting the warrants for a traffic control complete, recommendations will to this intersection's needs. device. As soon as this study is be given to the Council with regard From the Traffic Division's study~ it is determined that there is no greater problem on University Avenue than on any other streets within the City. At this time the speed limit on the street cannot be reduced as it would be unacceptable to the traveling public and this street is receiving equal patrol with most other streets within the City. A recent survey was made by the Traffic Division's School Safety Officer of the school children crossing University Avenue, particularly at Boise Street, and it was found that they were having very little delay in getting across the street, and that there was no more hazard than at many other locations within the City where school children cross the streets. Chief of Police Towle in a report to the City Manager stated thai the same amount of enforcement is extended to Univer- sity Avenue as to other primary streets in the City in an effort to enforce the 35 mile per hour speed as posted. While the in- stallation of stop signs is not a sure cure for accidents, it also will not reduce speed as some of the petitioners indicate in their requests. It will break up any prolonged speed on the part of motorists by forcing them to stop at the Wenatchee Avenue inter- section on University Avenue. The Police Department will attempt to enforce to the limits of speed on University Avenue~ the Wenatchee intersection. its ability the 35 mile per hour posted in addition to installing stop signs at There does not appear to be warrants 194 Bakersfield, California, January 11, 1971 - Page 7 for any further re-engineering, such as signals, etc.; at any of the other intersections. The stop signs will be installed at the intersection of Wenatchee sometime the latter part of this week or the first part of next week. (b) (c) Allowance of Claims. Upon a motion by Councilman Rees, Vouchers Nos. 2210 to 2288 inclusive, in amount of $69,994.34 were allowed, and authori- zation was granted for payment of same. Councilman Heisey stated that the matter of hiring an Architect for the preparation of plans for the proposed Police Department Building has been referred to the Budget Review and Finance Committee for study and recommendation, and he asked that a report be made to the Council so that a preliminary study can be commenced. Councilman Stiern agreed that the matter has been more or less in limbo and that the assistance of an Architect is essential to prepare plans to be submitted to the people on what is contemplated relative to this new building. He suggested that a meeting be held next week. City Manager Bergen was requested The (a) School. to arrange a meeting of following this committee as soon as possible. Consent Calendar. items were listed on the Consent Calendar: City Clerk's Certificate of Sufficiency of Petitions of Nomination of Candidates for the Office of Councilman in 2nd, 5th and 6th Wards, to be voted upon at Nominating Municipal Election to be held on March 2, 1971. Resolution No. 1-71 calling the Nominating Municipal Election for the Office of Council- man in the 2rid, 5th and 6th Wards to be held in the City of Bakersfield on the 2nd day of March, 1971, and directing the City Clerk to publish the Notice of Election. Resolution No. 2-71 and Order establishing voting Precincts, appointing precinct election officers and establishing fees therefor, and designating polling places for the Nominating Municipal Election to be held on the 2nd day of March, 1971. Upon a motion by Councilman Heisey, the report was received and ordered placed on file. Councilman Heisey asked that a copy of the report be sent to him and to the College Heights Bakersfield, California, January 11, 1971 - Page 8 (d), and following Ayes: Noes · Absent: (d) Resolution No. 3-71 of the Council of the City of Bakersfield requesting the Board of Super- visors of the County of Kern to permit the County Clerk to render specified services to said City relating to the conduct of the Nomi- nating Municipal Election to be held on March 2, 1971. (e) Street Right of Way Deed from Dale K. Cheeseman and Marilyn V. Cheeseman. Upon a motion by Councilman Vetter, Items (a), (b), (c), (e) listed on the Consent Calendar were adopted by the roll call vote: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote None Councilman Bleecker Approval of Plans and Specifications for the Improvement of Ming Avenue between Wible Road and Hughes Lane. Upon a motion by Councilman Vetter, Plans and Specifica- tions Hughes Lane were approved, and the Finance Department to advertise for bids. Acceptance of Resignation of Michael E. Sceales as Member of Citizens Auditorium-Recreation Committee. for the Improvement of Ming Avenue between Wible Road and was authorized Upon a motion by Councilman Vetter, resignation of Michael E. Sceales as Member of the Citizens Auditorium-Recreation Committee was accepted and the Mayor was Sceales a letter of commendation for his Committee. Council requested to send Mr. excellent work on this Hearings. This is the time set for public hearing before the of the City of Bakersfield for hearing protests by persons owning real property within inhabited territory designated as "Terrace Way No. 1" proposed to be annexed to the City of Bakers- field. This hearing has been duly advertised, map of area has been published, and notices were sent to those persons residing within the area owning real property. No written protests have been filed in the City Clerk's office. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being voiced, the hearing was 196 Bakersfield, California, January 11, 1971 - Page 9 closed for Council deliberation and action. No protests being filed, it was not necessary to recess the meeting to allow filing of any supplemental protests. Upon a motion by Councilman Vetter, Resolution No. 4-71 of the Council of the City of Bakersfield finding and declaring that a Majority Protest has not been made against the annexation of Terrace Way No. 1 to the City of Bakersfield, was adopted by the following vote: Ayes: Rucker, Stiern, Vetter, Noes: Absent: Councilmen Heisey, Rees, Whittemore None Councilman Bleecker Upon a motion by Councilman Vetter, Resolution No. 5-71 the City of Bakersfield calling a Special Election to be held the 16th day of March, 1971, pertaining to the annexation of of Terrace Way No. i to the City of Bakersfield, establishing voting precinct, Polling Place and Officers of Election for said election and prescribing fees to be paid to said officers of election and for said polling place, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: Councilman Bleecker This is the time set for public hearing on report on assessments for demolition of dangerous buildings in the City of Bakersfield, as provided by Chapter 8 of the Dangerous Building Code, Volume IV of the Uniform Building Code and pursuant to the order of Justus A. Olsson, Building Director. This hearing was duly published and notice sent to owner of property at 924 "M" Street. No written objection has been file([ in the City Clerk's office. Mayor Hart declared the meeting open for public partici- pation. No protests or objections being voiced, the public meeting: was closed for Council deliberation and action. Upon a motion by Bakersfield, California, January ll, 1971 - Page l0 97 Councilman Stiern, Resolution No. 6-71 confirming the assessment of certain property located in the City of Bakersfield upon which a dangerous building has been demolished and removed was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: Absent: Councilman Bleecker This is the time set for public hearing before the Council of the City of Bakersfield on appeal by Dave Gardner Cross Associates to the decision of the Board of Zoning Adjustment denying the appli- cation of American Homes insofar as waiving of the Masonry Wall requirement on that certain property in the City of Bakersfield commonly known as 132 "L" Street. This hearing has been duly advertised and posted, and notices sent to all property owners in the area. The applicant has constructed an apartment complex with the off-street parking and a wall encroaching into the front yard setback area eight feet. A six foot high wood fence was also constructed along the north property line separating the parking area from the residential property to the north; the Zoning Ordinance requires a six foot high masonry wall. The Board of Zoning Adjustment recommended approval of the encroachment into the front yard setback area but could not find justification for waiving the requirement of a masonry wall. It was felt that the maintenance and appearance of the existing wood fence would not be to the standard as required by Ordinance. Mayor Hart declared the hearing open for public partici- pation. Mr. George Floyd who resides at 1118 First Street, stated that the wooden fence which was erected along the north property line at 132 "L" Street separates his property from the parking lot and he has noticed that several of the boards have already been broken out of the fence. He feels that a masonry wall should be erected for protection of his property. No other objections being received, and no one speaking in favor of the application, the Mayor declared the public hearing closed for Council deliberation and action. Bakers£ield, California, January 11~ 1971 - Page 11 Councilman Stiern stated that existing wood fence and discovered that automobiles breaking out several of the he has examined the it has been struck by boards. In his opinion it is an eye-sore to the neighborhood, is already deteriorating, and down-grades the attractive apartment complex. City Attorney Hoagland commented that the £ence had been erected without applying for a building permit and in vio- lation of the ordinance which requires a six foot high masonry wall. Appeal for a modification was made to the Board of Zoning Adjustment, which was denied. Councilman Vetter agreed with Councilman Stiern and stated that the zoning ordinance had been adopted to protect the adjacent property owners, he is in favor of requiring the con- struction o£ the masonry wall, and would support Councilman Stiern's motion if he made one. After additional discussion~ upon a motion by Councilman Stiern, Zoning Resolution No. 233 denying modification of the Land Use Zoning Ordinance of the City of Bakersfield to permit the sub- stitution of wood for fence material in lieu of the required concrete, together with the encroachment of eight feet into the required fifteen foot front yard setback in order to allow an existing six foot fence and wall within said setback on that certain property commonly known as 132 "L" Street, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Noes: Absent: staff be Whittemore None Councilman Bleecker Councilman Stiern included in this motion that the legal instructed to take the necessary steps to have the existing Bakersfield, California, January 11, 1971 Page 12 wood fence removed immediately, in order visions of the Zoning Ordinance. Council, adjourned at 9:15 P. to comply with the pro- Adjournment. There being no further business to come before the upon a motion by Councilman Whittemore, the meeting was M. MA Bakersfield, Calif. ATTEST: an~x-O~loio' e~f~-~rk o~ the Council of the City of Bakersfield, California Bakersfield, California, January 18, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., January 18, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Gordon Gilbert of the University Baptist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Absent: Councilman Bleecker approved Minutes of the as presented. regular meeting of January 11, 1971 were Correspondence. A communication was read from the Kern County Economic Opportunity Corporation requesting the Council to nominate a representative to serve on the Board of Directors, as Councilman Samuel Del Rucker's name was dropped from its Roster due to three consecutive absences. Councilman Heisey asked that any action be deferred for one week, as he would like to have Councilman Rucker serve on the Board; however, if he is unable to do so, an appointment could be made.next week. Councilman Rucker stated his busy schedule pre- ventshim from serving and asked that consideration be given to appointing another Councilman at the next Council meeting. A communication was read from Mr. Fred L. Morris, Presi- dent, expressing on behalf of the Greater Bakersfield Chamber of Commerce, its sincere appreciation of the continued interest and support received from the Mayor and the City Council. A communication was read from Mr. Neil Scott of the TV 17 Double Dribblers, challenging the Bakersfield City Council to play the Double Dribblers, with the Mayor acting as coach; all proceeds from the event to go toward the charity of the Council's choice. Bakersfield, California, January 18, 1971 - Page 2 Mayor Hart commented that last year's game and he will need more time tion. his team hasn't recovered from to consider the invita- Council Statements. 1971 to Judge John Jellerich who is acting as Chairman of the event. Councilman Stiern stated: I recently spoke about the impact of this so-called Christian Towers Building in Southwest Bakersfield and I am glad to say that a committee of the City Planning Commission is looking into the impact of this building as far as its tax-free aspects and will be reporting back to the Council. I don't think we should stop there. I think that we should seek an investigation from the Federal Government, from Federal sources, of the many apparent irregularities that seem to be prevalent in this project. In my opinion, it would appear that some rather smooth promoters have used the auspices of a small church group in Southern California to accomplish their construction goals. It is interesting that no responsible, local, church leader, or group, will claim any connection with this project. Responsible, outstanding members of the same denomination accredited with the sponsorship of this building have denied any local involve- ment at all. It leads one to wonder just where the support has come from. Apparently, this tax-free structure will compete with local housing and having been underwritten by the Federal Govern- ment, the profit from it should be considerable. It raises all kinds of questions, I think, that should be asked by someone. For example, why wasn't KERCOG, the Kern County Council of Governments, consulted by the HUD people to learn their opinion relative to the need and propriety £or such a project. The religious representations, insofar as sponsorship of this project, appear to be very irregular, and I think that the Federal funding should be investigated, and if necessary, halted at the earliest possible time. Mayor Hart read a Proclamation proclaiming January 18-24, as "MARCH OF DIMES TELERAMA WEEK" and presented the Proclamation 202 Bakersfield, California, January 18, 1971 - Page 3 I think that the Council, working with the Mayor in his executive capacity, should immediately undertake to ask our Congress- man to help us, to ask his assistant in working with the General Accounting Office or any arm of investigative Federal Government that could help in any appropriate investigating capacity, to determine why this thing has been built in the manner that it has, why the apparently phony religious representation has been made in connection with its construction, and why this tax-free structure is being built in the manner in which it is within our City. I am particularly interested in this thing, and I would like to have Council approval to work with Mayor Hart to urge Congressman Mathias to investigate this thing to the fullest for us. Councilman Heisey stated that the questions asked by Councilman Stiern are relevant ones, however, the Planning Com- mission has been asked to make a thorough investigation and study and he thinks it is rather presumptious of the Council to start off on an investigation of its own before the Planning Commission has had an opportunity to make a report. Councilman Stiern stated the Council has asked the Planning Commission to investigate how service charges could be levied which would enable the City of Bakersfield to provide services, such as garbage disposal, sewage disposal, fire and police protection, for this apparently tax-free structure. Some kind of service charges are going to have to be levied and that's what the Planning Commission has been asked to investigate. On the other hand, the Council should be interested in the wild type of financing that's involved in this thing where apparently the Federal Government shovels out two million dollars for some profit- making group to underwrite the construction of this building with the help of a little, 200 member denomination down in Southern California. It's a misuse of federal regulations, and it should be investigated, and he thinks it is an appropriate type of in- vestigation for Congressman Mathias to undertake for the Council. Bakersfield, California, January 18, 1971 - Page 4 Councilman Stiern then moved that Mayor Hart be instructed to communicate with Congressman Mathias and to urge him to investi- gate the obvious irregularities that exist in connection with the construction of this building. Councilman Heisey asked that the word "obvious" be struck from the motion and the word "possible" be substituted. To him the irregularities are not as obvious as Councilman Stiern suspects, and since a lot of work and thought has gone into the project, he does not feel that the reliable construction company working on the job carrying out its part of the bargain should be slandered in the Council's request for an investigation. Councilman Stiern accepted the amendment to his motion, stating that he was not criticizing the type of construction, it is probably first class construction. Vote was taken on the motion which carried unanimously. Councilman Rucker asked the City Manager to investigate conditions at the City's Dog Pound and report back to him. Consent Calendar. The following items were listed on the Consent Calendar: (a)Allowance of Claims Nos. 2289 to 2382, inclusive, in amount of $55,825.51. (b) Resolution of Intention No. 862 of the Council of the City of Bakersfield, California, declaring its intention to order the vacation of a portion of Manor Street and setting February 8, 1971 for public hearing before the Council. Upon a motion by Councilman Rees, Items (a) and (b) as on the Consent Calendar, were adopted by the following vote: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore None Councilman Bleecker listed Ayes: Noes: Absent: 204 Bakersfield, California, January 18, 1971 - Page 5 Action on Bids. Upon a motion by Councilman Vetter, low bid of Francis and Jacobs Construction Co. for the improvement of Ming Avenue between South "H" Street and South Chester Avenue was aecepted~ all other bids were rejected, and the Mayor was authorized to execute the contract. Adoption of Resolution No. 7-71 of the City Council amending Resolution No. 22-69 pertaining to the Public Interest, Convenience and Necessity of the City of Bakersfield for con- struction and maintenance of Public Sewer Facilities on Section 33, Town- ship 30 South, Range 27 East~ M.D.B.&M., Kern County, California. Upon a motion by Councilman Whittemore, Resolution No. 7-71 of the City Council amending Resolution No. 22-69 pertaining to the Public Interest, Convenience and Necessity of the City of Bakersfield for construction and maintenance of Public Sewer Facilities on Section 337 Township 30 South, Range 27 East, M.D.B.& M., Kern County, California, was adopted by the following Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker Approval of Utilities Agreement be- tween the State of California and the City of Bakersfield. Upon a motion by Councilman Rees, Utilities Agreement between the State of California and the City of Bakersfield was approved, and the Mayor was authorized to execute same. This agreement provides for the City to adjust the City owned Manholes along State Route 178 (Niles Street and Monterey Street) due to the State resurfacing project along this route. vote: Ayes: Bakersfield, California, January 18, 1971 - Page 6 Action on Resolution to approve an amendment to Agreement No. 10-62 entered into with the Department of Public Works of the State of California, deferred for one week. After discussion, upon a motion by Councilman Vetter, action on Resolution to approve an amendment to Agreement No. 10-62 entered into by and between the City of Bakersfield and the Depart- ment of Public Works of the State of California, was deferred for one week. Councilman Rees commented that he wished to compliment the Traffic Authority of the City for its efficiency, stating that stop signs had already been erected at the Wenatchee intersection with University Avenue. He commended Assistant Chief Deem and Captain Price for their solution of the downtown parking problem in working out the parking mall which eliminated virtually all parking meters, as the public's reaction to this plan seems to be very favorable. He stated that sometimes it is difficult for people to recognize that policeman are professionals and are doing the very best they can to achieve solutions to all problems referred to them. Councilman Stiern agreed with Councilman Rees, stating he particularly appreciated the Traffic Authority's recent efforts in the west end of the City to solve a very bad problem on Truxtun and Oak Street and on the Oak Street Overpass. Hearings. This is the time set for public hearing before the Council of the City of Bakersfield for hearing protests by persons owning real property within territory designated as "Auburn No. 2", proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised and no written protests have been filed in the City Clerk's Office. Mayor Hart declared the meeting open for public partici- pation. No one speaking in approval or in opposition to the pro- posed annexation, the meeting was closed for Council deliberation and action. 206 Bakersfield, California, January 18, 1971 - Page 7 Upon a motion by Councilman Heisey, Resolution No. 8-71 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexation of territory designated as "Auburn No. 2", proposed to be annexed to the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker Upon a motion by Councilman Heisey, Ordinance No. 1902 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield designated as "Auburn No. 2", proposed to be annexed to the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Heisey~ Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker This is the time set for public hearing before the Council of the City of Bakersfield for hearing objections to the inclusion of a portion of certain territory designated as "Auburn No. 2", within the Greater Bakersfield Separation of Grade District. This hearing has been duly advertised and no written protests have been filed in the City Clerk's office. Mayor Hart declared the meeting open for public partici- pation. No protests or objections being received, the Mayor closed the public hearing for Council deliberation and action. Upon a motion by Councilman Heisey, Resolution No. 9-71 of the Council of the City of Bakersfield annexing to the Greater Bakersfield Separation of Grade District that portion of certain territory designated as "Auburn No. 2", not already including within said District, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: Councilman Bleecker Bakersfield, California, January 18, 1971 - Page 8 '2 0 7 This is the time set for public hearing on initiated action by the Planning Commission to zone upon annexation to an R-3-MH-D (Limited Multiple Family Dwelling - Mobile Home Park - Architectural Design) or more restrictive, Zone; to an R-3-D (Limited Multiple Family Dwelling - Architectural Design) or more restrictive, Zone; and to a C-2-D (Commercial - Architectural Design) or more restrictive, Zone, of that certain property in the County of Kern located north of 178 Freeway right-of-way between the existing corporate boundary and Morning Drive extension, known as "Auburn No. 2" annexation. This hearing was duly advertised and posted and no written protests were filed in the City Clerk's office. The Planning Commission at a regular meeting held December 2, 1970, reviewed zoning upon annexation requests of property owners within the Auburn No. 2 annexation. After consideration of the existing County zoning~ requested zoning and the land use relation- ship of the proposed zoning, the Commission recommended C-2-D~ R-3-D and R-3-MH-D zoning as depicted on the Zoning Upon Annexation Map. The Mayor declared the hearing open for public partici- pation and asked if anyone wished to speak in favor of the proposed zoning of this territory. speak in opposition to the the Council. Hearing none, those persons wishing to proposed zoning were requested to address Mrs. Shirley Hort of 1380 Millbrae Avenue, Millbrae, California, addressed the Council on behalf of her husband and her.- self, who are owners of a small strip of land that lies between the 178 Freeway and the extension of Auburn across which four sets of power lines run. She stated that she does not feel the proposed R-3-D zoning of their property is desirable as they have been turned down by various banks when applying for financing for low-income housing on this property~ also nothing permanent may be constructed under the power line easements. They are therefore asking for C-2-D zoning for development of the property for which they do not have any plans at the present time except for what will be most advantageous to the property. 208 Bakersfield, California, January 18, 1971 Page 9 Mr. Dean Gay, one of three owners of the acreage north of Mrs. Hort's property, stated that to develop the property in the best and most orderly fashion, they had requested almost a year ago that it be annexed to the City. They have the same power easement running through their property as runs through the Hort property. Their original request was for the entire property to be zoned R-3-MH-D basically because of the power easements, but the Planning Commission recommended that the top ten acres be zoned R-l, which they did not quarrel with, as they felt they could come back later and ask for the zoning to be changed when they were ready to develop this acreage. They have laid out a mobilehome park for the entire 29 acres, but will only be able to use 21 acres, as almost eight acres are encumbered with the power ease- ment, which they will be able to use for recreation and for any type of development which does not require permanent structures. If any change is made from the recommendation of the Planning Com- mission tonight, he asked that all of his property be zoned R-3-MH-D, as originally requested. The public hearing was closed for Council deliberation and action. Councilman Stiern commented that the property lying underneath the power lines can only be used for certain purposes, and he feels that this restricts the property to a very limited type of usage, as it cannot be used like any other property for multiple residential because multiple residential cannot be con- structed underneath these power lines. This property should be developed in some manner which would allow the owner to take the best advantage of that portion lying beneath the power lines. If it is unreasonable to develop it as C-2, which would allow for a good usage for parking underneath the power lines, there must be some usage other than R-3 which would allow for compatible develop- ment of the property to take advantage of ground area underneath the power lines. Councilman Heisey suggested that a portion of Mrs. Hort's property be zoned R-3-MH-D, the same as the zoning recommended for Mr. Gay's property. Bakersfield, California, January 18, 1971 - Page 10 Councilman Rucker commented that in his opinion this property should be zoned C-2. Councilman Whittemore asked Mrs. Hort if it would meet with her approval to zone a portion of her property R-3-MH-D. Mrs. Hort replied that she had not really considered this type of zoning, but she did feel that this is not the best use of the land. Councilman Heisey stated that personally he was not in favor of extending the C-2 zoning on Mrs. Hort's property, and asked her if she would consider R-3 zoning or R-3-MHD instead of the C-2 zoning. She stated she could not express a preference for either one, as this zoning would not be desirable for her purposes and this parcel would not support enough mobilehome units to pay for itself. After considerable discussion, Councilman Rees stated he would be inclined to support both Mrs. Hort and Mr. Gay in their original requests for zoning of this property. He then moved that Ordinance No. 1903 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield be adopted, reversing the recommendation of the Planning Commission and rezoning all of Mr. Gay's property to an R-3-MH-D (Limited Multiple Family Dwelling - Mobile Home Park - Architectural Design), or more restrictive zone, and as requested by Mrs. Hort, rezoning her property to a C-2-D (Commercial - Architectural Design) or more restrictive zone, and the portion remaining to be zoned R-3-D (Limited Multiple Family Dwelling - Architectural Design) or more restrictive zone. This motion carried by the following vote: Ayes: Councilman Rees, Rucker, Stiern, Vetter, Whittemore Noes: Councilman Heisey Absent: Councilman Bleecker Adjournment. There being no further business to.me before the Council, upon a motion by Councilman Whittemore, the/eeting was adjourned at 9:40 P.M. ~ MAYOR ofk._~e C'lt~ O~ Bakersfield, Calif. ATTEST: n~ E l~ rk of the Council of the City of Bakersfield, California 210 Bakersfield, California, January 25, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., January 25, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Jim Lanier of Riverview Baptist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Absent: None Minutes of the regular meeting of January 18, 1971 were approved as corrected. Correspondence. At last week's meeting, Mayor Hart was requested to direct a communication to Congressman Robert Mathias relative to the construction of the Christian Towers building in Bakersfield, and he read into the record the following letter which he had prepared to be sent to Congressman Mathias: The Bakersfield City Council has expressed con- siderable concern over the construction of the "Christian Towers" building in our City. This building is being erected by a group calling themselves the Southern California Benevolent Society with whom local religious groups have refused to be affiliated, and we believe it to be financed with a FHA 202 loan from the Federal Government. The Council's concern is twofold: First, we are amazed that the Federal Government expects local city governments to supply all necessary services such as garbage disposal, sewage disposal, police and fire protection, etc. cost free, since these projects are tax-exempt by nature of their funding. Second, we question the practice of granting a huge, low-cost federal loan to a group of promoters whose major qualification could be their ability to raise such funds. What qualifications in the building or housing field does this "Benevolent Society" possess? Is the project truly non-profit as the promoters have claimed? We believe that if local owners of private property rental units will be expected to shoulder costs to finance, construct, and provide free municipal services to tax-free housing complexes like "Christian Towers", such private property owners and local governments should be apprised of this new respon- sibility and burden when imposed by the Federal Government. Changes will have to be made in local budgeting and zoning ordinances will have to be amended to consider factors of location and height of such tax-exempt structures. Further, it would seem that rigid supervision and guidance of such projects would insure that these projects accomplish some real good, if local taxpayers and local govern- ments must accept financial support for them. Bakersfield, California, January 25, 1971 - Page 2 We ask that you please use the powers of your office and any investigative capacity available to Congress to examine the funding and promotion of the local "Christian Towers" project and in- form this office as soon as you conclude your investigation. Consent Calendar. The following items were listed on the Consent Calendar. (a) Allowance of Claims Nos. 2383 to 2516, inclusive, in amount of $64,409.31. (b) Resolution No. ll-71 of the Council of the City of Bakersfield fixing a time and place for hearing protests by persons owning real property within territory designated as "Brundage No. 2", proposed to be annexed to the City of Bakersfield. Upon a motion by Councilman Rees, Items (a) and (b) of the Consent Calendar were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Action on Bids. The Council engaged in a discussion on Lease of Real Property and Building at 2014 "L" Street. 34 sets of bid requests were mailed to real estate agencies and other interested parties, and only one bid was received which proposed some conditions not included in the City's bid specifications, making the bid a counter offer. The City specifications did provide for negotiatior~ of a lease should only one offer be submitted. upkeep of lessee. Mr. Bergen commented that the City has agreed to paint the outside of the building and service the heating and cooling system but does not wish to be responsible for the maintenance and the system which should be the responsibility of the Councilman Stiern stated that he feels this should be approached not from the standpoint of rejecting and negotiating the bid, but accepting it and rejecting the clause about main- taining the air conditioning system that is not acceptable to the City. 212 Bakersfield, California, January 25, 1971 - Page 3 Councilman Heisey then moved to accept the bid of Optical Services, Inc. and reject the condition to maintain the air condi- tioning system in the building. During discussion, Councilman Rees commented that it would appear to him that the one bidder had a strong position since the bids were advertised twice and there were no bidders. He feels that it should definitely be stated what the City will do and what the tenant will be expected to do. City Attorney Hoagland stated he would draw up the lease at $200.00 per month for three years, with the stipulation that the City will overhaul the heating and cooling system so that it will be in good operating condition, paint the exterior of the building, and the lessee will agree to accept the maintenance of the building after the lease has been executed. Vote was taken on Councilman Heisey's motion, which carried unanimously. Adoption of Resolution No. 10-71 of the Council of the City of Bakersfield fixing a time and place for hearing protests by persons owning real property within territory designated as "Beale No. 2", proposed to be annexed to the City of Bakersfield. Upon a motion by Councilman Rucker, Resolution No. 10-71 of the Council of the City of Bakersfield fixing March 15, 1971 in the Council Chambers of the City Hall as the time and place for hearing protests by persons owning real property within territory designated as "Beale No. 2", proposed to be annexed to the City of Bakersfield, was adopted by the following vote: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Ayes: Noes: None Absent: None Approval of Plans and Specifications for relocation of Sewers at Brundage Lane and Mr. Vernon Avenue. Upon a motion by Councilman Rucker, Plans and Specifica- tions for the relocation of Sewers at Brundage Lane and Mr. Vernon Avenue were approved and the Finance Director was authorized to advertise for bids. 21 Bakersfield, California, January 25, 1971 - Page 4 Approval of Map of Tract No. 3495 (Mobilhome Park Subdivisions) Con- tract and Specifications for Improvements and Covenants, Conditions and Restrictions for the Subdivision. City Manager Bergen commented that there had been some discussion relative to the present policy of the City with regards to the installation of fire hydrants on private property and in subdivisions. The Planning Commission will be asked to study the City's existing policy and make appropriate recommendations. After discussion, upon a motion by Councilman Whirremote, it was ordered that the Map of Tract No. 3495 be, and the same, is hereby approved, that all easements and the road shown upon said Map and therein offered for dedication be, and the same is hereby accepted for the purpose or purposes for which the same is offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the City Council hereby waives the requirement of signatures of NAME Kern County Land Company Henry Miller, James B. Haggin and Others Frank Bertano The Clerk of this Council is the following: NATURE OF INTEREST Easement recorded Book 80, Page 73 of Deeds Water rights recorded October 13, 1888, Book 2, Page 40 of Agreements Mineral Rights below 500 ft. Recorded April 25, 1968, Book 4153, Page 522 O.R. 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 for Improvements in said Tract. Councilman Bleecker asked the Planning Director if there would be any misunderstanding by anyone if the City approves the Covenants which appear to be a private agreement between the Sub- divider and the people acquiring property in the tract. Mr. Sceales stated that the Covenants are actually the tract restrictions which the City staff had worked up with the developer to satisfy the minimum requirements for this type of a subdivision and to provide 214 Bakersfield, California, January 25, 1971 - Page 5 protection for the people who are buying the lots. The Planning Commission recommended that the tract restrictions be made a part of and recorded with the Map. Mr. Hoagland commented that the City does not enter any agreement but this is a covenant of the subdivider which will inure to all the people who purchase the property. It is the organization for the performance of certain obligations by the subdivider. Approval of Utilities Agreement between the State of California and the City of Bakersfield. Upon a motion by Councilman Heisey, Utilities Agreement between the State of California and the City of Bakersfield for the relocation of the City's existing 42" sewer main at the Vernon - Brundage Lane intersection, was approved and the Mayor was authorized to execute same. Hearings. This is the time set for public hearing on an application by Barry Faulkner to amend the zoning boundaries from an R-4 (Multiple Family Dwelling) Zone to a C-2 (Commercial) or more restrictive, Zone, of that certain property commonly known as 1217 through 1331 "K" Street, both odd and even numbers. This hearing has been duly advertised and the property has been posted. Notices were sent to all interested property No written protests have been filed in the City Clerk's owners. office. This property is located on both the east and west side of "K" Street between 14th Street and California Avenue. The two half block strips requested for C-2 zoning are located within an isolated three block area zoned R-4, which is surrounded on all sides with heavier zoning and uses. It was the opinion of the Planning Commission that C-2 zoning would not be detrimental to adjacent properties or the general area. It was also felt that apartments, specialized commercial or commercial service uses would be most logical for the renewal of this area. The Commission further recommended that the "D" Overlay be applied to the C-2 zoning to insure any new commercial development would be compatible with the existing residential uses while the area is in a transition period. ' 15 Bakersfield, California, January 25, 1971 - Page 6 Mayor Hart declared the meeting open for public partici.- patton. Mrs. Mary E. Wallis, who lives at 1323 "K" Street, spoke in opposition to the proposed rezoning and asked Mr. Faulkner what facilities he had provided for off-street parking. She stated that there are several apartments in the area and County employees park on the streets all day which causes a scarcity of parking. Mr. Barry Faulkner, the applicant, stated his business will be primarily walk-in or telephone, but he has sufficient room behind his building which he intends to pave for parking; he has plans to provide a 50 x 50 foot parking lot in the rear which would be more than adequate to meet the requirements of the ordinance. He asked if it would be possible to delete the recommendation of the Planning Commission to apply the "D" Overlay, as there are several businesses in the neighborhood which do not fall in the architectural design requirements. He stated that as he under- stands it, variances are no longer permitted by State law, and in order to avoid "spot zoning", it was necessary for the Planning Commission to zone the entire block'. He spent three weeks walking around the neighborhood, not only in this area, but on two or three streets in each direction, and he met with no opposition except from Mrs. Wallis. No further requests being received to address the Council, the Mayor closed the public hearing for Council deliberation and action. Councilman Bleecker moved to adopt the Ordinance amending Title 17 of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located at 1217 through 1331 "K" Street, both odd and even numbers. Councilman Stiern stated that in response to Mr. Faulkner's request to eliminate the "D" Overlay, vious mistakes in the area should be "D" Overlay is a good protection for he can see no reason why pre-. continued, and he believes the the surrounding property owner's. Councilman Whittemore asked Mr. Sceales if all of the property owners had been contacted regarding this rezoning, to see if it meets with their approval, as it seems to him unusual to fezone an entire street without any opposition. Mr. Sceales stated Bakersfield, California, January 25, 1971 - Page 7 that the owners had been contacted by the applicant, several of them have signed his application, notices have been mailed to owners within the 300 foot radius at the Planning Commission level and also at the Council hearing level, and the area has been posted. Councilman Vetter agreed with Councilman Whirremote, stating that he can't understand why more people did not appear at the hearing to express approval or disapproval of the rezoning. He asked Mr. Sceales how many property owners had signed the application and Mr. Sceales indicated there were six, and that there were approximately 15 property owners affected by the rezoning. City Attorney Hoagland commented that when property is rezoned, it is only for a potential use and the use cannot go in unless it meets the requirements of off-street parking for that particular use. Mrs. Wallis expressed concern regarding commercial zoning stating that anyone could come in and construct a business and the adjoining property owners would not be able to exercise any control over it. Mr. Sceales stated that with the application of the "D" Overlay, the Planning Commission would review the plans and stipu- late what could be built, and the ordinances requiring certain set-backs and off-street parking would be enforced whenever con- struction is commenced. Councilman Vetter stated that he would oppose this re- zoning strictly on the basis that he does not believe it is proper for the City to fezone property to a C-2 through someone else's request, perhaps the property owner does not want to develop it as C-2. He would therefore strongly oppose Mr. Bleecker's motion. Councilman Stiern commented that he is not certain that all the property owners in the immediate area are aware of what is being proposed for this area. The Council will be making a decision which will affect their property and their investment, and it may be arbitrary or not. He feels the matter should a week until the Council is absolutely sure that the best interests of all persons concerned. be held over for it is acting in Bakersfield, Californian January 25, 1971 - Page 8 '2.1 7 Ayes: Noes: Absent: Council, upon a motion adjourned at 9:00 P.M. Councilman Stiern then offered a substitute motion that the hearing be continued for one week to be certain that the people in the area have been apprised of what is being considered at this hearing and to appropriately hear from the property owners. Councilman Bleecker commented that he is the Councilman for the Ward and he has not received any telephone calls or any indication from any property owner on this rezoning. The area is in a transition period and it is difficult to please everyone. It: is his understanding from Mr. Sceales that all of the property owners concerned have been notified according to the law. He thinks that the zoning request is proper, inasmuch as the California Legislature has seen fit to eliminate spot zoning, and unless he can be convinced otherwise before the next meeting, he intends to vote for the rezoning. Vote was taken on the substitute motion, which carried by the following roll call vote: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore None None Adjournment. There being no further business to come before the by Councilman Heisey, the meeting was Calif. ATTEST: C ~ k of the Council of the City of Bakersfield, California 218 Bakersfield, California, February l, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., February 1, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Ed Wulfekuehler of the First Congregational Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Absent: None Minutes of the regular meeting of January 25, 1971 were approved as submitted. Correspondence. The City Clerk read a communication from the Kern County Water Agency advising of public hearing on intention to form an improvement district to be held February 17, 1971, and requesting the City of Bakersfield to provide the Kern County Water Agency with a resolution consenting to the inclusion of lands within its area in the proposed improvement district. Councilman Heisey made the following statement in con- nection with this notice of public hearing: "The Kern County Water Agency has sent out notices of hearing of intention to form a public improve- ment district to undertake fhe financing, con- struction, operation and maintenance of work to provide a supplemental water supply for the Urban Bakersfield area. The administrative staff, our water consultants and the Water and City Growth Committee have at various times met with representatives and consultants of the Kern County Water Agency to discuss the possible formation of an improvement district for supple- mental water. At these meetings the Agency's representatives were repeatedly told that setting a hearing without adequate information was a waste of time. It was also stressed at these meetings that the City would be unable to supporf formation of a district without sufficient information concerning such a district. Specifically, details of the contract, what water is to be exchanged and the total cost. This information has not been provided to us to date and now the City has a letter requesting a resolution consenting to inclusion of our area in the proposed improvement district. Bakersf±eld, Cal±£orn±a, February l, 1971 - Page 2 The Committee is unable to comment on the district. I recommend that the Council go on record and instruct the City Manager to notify the Agency that we will not attend the hearing on February 17, 1971 and will be unable to approve any district or attend any hearing in the future until we are furnished the necessary information with adequate time for our water consultants to make a thorough evaluation. Councilman Heisey then moved that the letter from the Kern County Water Agency be received and placed on file and the City Manager be instructed to notify the Kern County Water Agency that the City will not attend the hearing on February 17, 1971, and will be unable to approve any district or attend any hearing in the future until the Committee is furnished with the necessary information and given adequate time for the City's water consultants to make a thorough evaluation. This motion carried unanimously. A communication was received from Mr. and Mrs. Francis Moore suggesting that a traffic signal be installed at 24th and Cedar Streets. Upon a motion by Councilman Whirremote, the letter was received and ordered placed on file and referred to the proper department. Councilman Vetter inquired if this matter had not been referred to the Division of Highways at a previous meeting. Public Works Director Jing stated that the Division of Highways is making a study and will consider additional traffic control on 24th Street if the Council will recommend the location of the signal. Localing this signal on any of the streets along 24th Street will change that street to a thoroughfare and will generate objections from the residents on the particular street selected. The only logical street from the standpoint of width would be Beech Street, which is an 82½ foot street. Councilman Vetter asked Mr. Jing to inform Mr. Moore that this matter has been referred to the Division of Highways and the City is waiting for a report and recommendation from that agency. Mr. Jing reported thai consideration is being given to the installation of a left turn storage lane on Elm Street. Council- man Bleecker has agreed to contact their feeling in this matter, as a left turn movement southbound. the property owners relative to left turn lane~ would cut off a 22O Bakersfield, California, February 1, 1971 - Page 3 Upon a motion by Councilman Stiern, letter of appreciation from Mr. Red Hort for favorable action taken by the Council at a recent rezoning of his property, was received and ordered placed on file. Council Statements. In response to a request made by Councilman Whittemore several weeks ago, upon a motion by Councilman Heisey, seconded by Councilman Vetter, Councilman Bleecker was appointed as the Council's alternate representative to KERCOG. He will serve when regular delegate Councilman Whittemore is unable to attend. Councilman Bleecker stated that he has received several complaints from residents in his ward regarding poor reception on Cable TV and asked the City Manager if it had not been discussed at a recent Council meeting that the City acquire its own tele- vision set to check out complaints of this nature. Mr. Bergen stated this was true and he had reported to the Council that the Cable Company had advised him they carry a test set on each of their service trucks which are available to any City official to take out to locations where complaints have been received. Councilman Bleecker remarked that the Cable TV Company ought to do everything it can to provide good service at a high standard all over the City, and he feels the company should be required to state in writing what efforts are being made to equalize the service, what their plans are, and what the cost would be to upgrade the service generally. Mr. Bergen stated that he would ask the cable company's Manager to make a report to the Council on the status of their system, what their evaluation of it is, how many legitimate complaints they receive, and what they are doing to improve the service. Councilman Stiern commented that it is commendable for the Cable Company to offer a test set, but if there is any testing to be done by the City, he still feels that the set should be owned by the City and certified by the Television Dealer's Associa.- tion as to its quality. Councilman Bleecker agreed. Councilman Rucker commented that due to some problem with the Cable TV Company, residents of the Oro-Vista Housing project Bakersfield, California, February l, 1971 - Page 4 are unable to receive cable television service at all. Councilman Bleecker stated he recalled this matter being brought up by Counc~L1- man Rucker on numerous occasions in the past and he asked what the reason was for this area being denied service. Mr. Bergen explained that the City Attorney has looked into the matter personally, and it is a problem between the cable company and the Oro Vista Housing Project. There is nothing the City can do as the cable company is not required by the franchise to furnish service or make unlimited runs into private property te use the poles for connections. Councilman Bleecker stated that he thinks this is utterly wrong, that in his opinion everyone in the City should be entitled to receive cable television service. He then offered his assistance to Councilman Rucker in arranging a meeting with the cable company's Manager and the Housing Authority, in an effort to work out a solution to this problem. Mr. Bergen commented that the cable company's Manager can explain the problem when his reception status report is made to the Council. Councilman Heisey reported that Bakersfield's newest park, International Square Park, at Baker and Sumner Streets, has been landscaped and all permanent structures have been erected. Several organizations and invididuals are interested in participating in dedication ceremonies for this park, which have been scheduled for Wednesday, February 17, 1971, a~ 2 o'clock P.M. He then moved that this date be designated as the official date for dedical~ion of International Square Park. This motion carried unanimously. Mayor Hart asked the City Manager how difficult it would be for the Purchasing Department to give a projection date and let the jobbers and suppliers know that the City will give priority consideration to recycled products, stock. If the City is to help the well to give some thought to using business. To do something, rather such as newsprint or paper ecology problem, it might be recycled products in City than just talking about it. He asked if this would work an undue hardship on the Purchasing Depart- ment of the City to notify the jobbers that the City is interested in a recycled product. Bakersfield, California, February 1, 1971 - Page 5 Mr. Bergen commented that the first thing would be to find out what products are available on a recycled basis. Mayor Hart stated that he was talking about a product that is put back through a plant as salvage and put out as a finished product for consumption by the general public or some agency like the City. It may take one or two years to let people know that the City is going to give priority consideration to salvaging some of this material which is currently being wasted or destroyed. Recycled products need not necessarily be confined to paper, they could be aluminum or waste metal or anything else that can be salvaged. Mr. Bergen stated that the Purchasing Department will be requested to explore the possibility with some of the vendors. Mayor Hart stated that if the City can encourage the manufacturers to put products back through the process~ rather than cutting down more trees, it would be to the City's advantage andestart other people moving in the same direction. Reports. Councilman Heisey, Chairman of the Water and City Growth Committee, reported on the subject of the Greater Bakersfield Metropolitan Transit District Formation, stating that in order to establish a Transit District in Bakersfield, the State Legislature must adopt a special act providing for the formation of a special district. To this end, an ad hoc C~tizens Transit Disfrict Com- mittee representing all areas of Metropolitan Bakersfield, was formed. At their request~ Mr. Merrick Creagh~ Executive Officer of the Local Agency Formation Commission~ prepared a draft of a Greater Bakersfield Metropolitan Transit District Act, which was patterned after the Stockton, Santa Barbara and Santa Cruz Transit District Acts already adopted by the State Legislature. During the past several weeks this Council Committee has met with the Citizens Transit District Committee and Mr. Creagh to review the provisions of this proposed legislation. Bakersfield, California, February 1, 1971 - Page 6 On January 27, the Water and City Growth Committee met with Supervisors Miller and Young to discuss the proposed legisla-. tion, at which time concurrence was reached on the final draft form of the proposed Greater Bakersfield Metropolitan Transit District Act. The Council Committee feels Transit District Committee and Mr. for their fine efforts toward the that the members of the Citizens~ Merrick Creagh are to be commer~ded formation of a Transit District. It is the Committee's recommendation that the City Council receive this report and instruct the City Attorney to draft a resolution supporting the formation of a Transit District and the proposed Greater Bakersfield Metropolitan Transit District Act as concurred upon by the respective committees. Councilman Heisey moved that the report be received and the City Attorney instructed to draft the resolution as recommended, with copies to be forwarded to the Ciiy's legislative representatives in Sacramento. This motion carried unanimously. Consent Calendar. Upon a motion by Councilman Stiern, Vouchers Nos. 2517 to 2571 inclusive, in amount of $100,988.67, were approved by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Action on Bids. Upon a motion by Councilman Rucker, low bid of Brockway's Equipment for Annual Contract for Automotive Paint, was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Bleecker, Annual.Contracts for Gasoline and Diesel Fuel Requirements for 1971-72 were awarded as follows: Premium Gasoline Regular Gasoline Premium Diesel Regular Diesel Shell Oil Co. Standard Oil Co. Sunland Refining Corp. Standard Oil Co. All other bids were rejected and to execute the contracts. the Mayor was authorized[ 224 Bakersfield, California, February 1, 1971 - Page 7 Upon a motion by Councilman Whittemore, bid of Thorp's Harley-Davidson for two 3-wheel Servi-Cars was accepted, as this was the only bid received. Adoption of Resolution No. 12-71 approving an amendment to Agreement No. 10-62 entered into by and between the City of Bakersfield and the De- partment of Public Works of the State of California. Upon a motion by Councilman Vetter, Resolution No. 12-71 approving an amendment to Agreement No. 10-62 entered into by and between the City of Bakersfield and the Department of Public Works of the State of California, was adopted by the following vote: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Ayes: Noes: None Absent: None Adoption of Resolution No. 13-71 of the Council of the City of Bakers- field consenting to the continued inclusion within County Service Area No. 2 of certain territories proposed to be annexed as "Airpark No. 1." Upon a motion by Councilman Heisey, Resolution No. 13-71 of the Council tinued inclusion within County Service Area No. 2 territories proposed to be annexed as "Airpark No. by the following vote: Ayes: of the City of Bakersfield consenting to the con- of certain 1", was adopted Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Approval of Transfer of Funds to replenish Repair and Demolition Fund Account No. 24-590-9100. After discussion, upon a motion by Councilman Vetter, authorization was granted the Finance Director to transfer $10,000 from the Council Contingency Fund No. 11-510-6100 to Fund No. 24-590-9100, to replenish the Repair and Demolition Fund Account. Bakersfield, California, February 1, 1971 - Page 8 Applications for annexation of property located North of Stockdale Highway be- tween Stine Road and McDonald Way and in vicinity of Andrea and Kenny Streets referred to the Planning Commission. Upon a motion by Councilman Heisey, applications for annexation of property located north of Stockdale Highway between Stine Road and McDonald Way and in the vicinity of Andrea and Kenny Streets to the City of Bakersfield, were referred to the Planning Commission for study and recommendation. Approval of Contract of Employment with T. M. Scott as Construction Inspector of the Water Pollution Control Facility in Southwest Bakers- field. Upon a motion by Councilman Heisey, Contract of Employ- ment with T. M. Scott providing for inspection services as an independent contractor during the construction of the Water Pollution Control Facility in Southwest Bakersfield area was approved, and the Mayor was authorized to execute the contract. Authorization granted the Purchasing Division to negotiate discount prices for automotive and motorcycle parts and supplies, welding, electrical, steel and electronic supplies. Upon a motion by Councilman Rees, the Purchasing Division was authorized to negotiate discount prices (E.M.M.A. accounts) with the following vendors: Jack C. Arbuckle Baker's Welding Supply Co. Bakersfield Welding Supply Bloxom & Co. Mel Dineson (Moto-Guzi Dist.) Frazier Wright Co. Ralph's Piston Ring Service Stewart Electric Supply Thorp's Harley Davidson Trans-A-Matic Auto Parts, Inc. Universal Brake Supply Hopper, Inc. Approval of Map of Tract No. 3486 and Mayor authorized to execute Contract and Specifications for Improvements in said Tract. Upon a motion by Councilman Stiern, it is ordered that the Map of Tract No. 3486 be, and the same is hereby approved: That all the easements and drives shown upon said map, therein offered for dedication be, and the same are hereby accepted for the purpose for which the same are offered for dedication. Bakersfield, California, February 1, 1971 - Page 9 Pursuant to the provisions of Section 11587 of the Business and Professions Code, the Council of the City of Bakers- field hereby waives the requirement of signatures of the following: NAME Tenneco, West, Inc. Formerly Kern County Land Company The Clerk of NATURE OF INTEREST Mineral rights below a depth of 500 feet with no right of surface entry this Council is directed to endorse upon the face of said Map a copy of this order authenticated by the Seal of the Council of the City of Bakersfield and the Mayor is authorized to execute the Contract and Specifications for the improvements in said Tract. Councilman Rees commented that the Recreation and Park Committee had been conducting informal negotiations with the County relative to the financing of the multi-purpose building in Califor- nia Avenue Park and he inquired of the City Manager what progress has been made in the discussions with Supervisor Miller. Mr. Bergen stated they had been told by the retiring Supervisors that they were going to hold a meeting with the Super- visors-elect last December and brief them on the discussions which had taken place prior to their election. A committee meeting was planned for shortly after the first of the year but due to the Supervisor's heavy work load this has not as yet been scheduled. He stated that since budget time is not too far in the future, it might be a good idea to set up a meeting to discuss the financing of this project. The Architect has completed and has been paid for all of his required work. They have been waiting for some indication from HUD that a contract would be submitted to the City in the near future. Hearings. This is the time set for continued hearing on an appli- cation by Barry Faulkner to amend the zoning boundaries from an R-4 (Multiple Family Dwelling) Zone to a C-2 (Commercial) or more restrictive, zone, of that certain property commonly known as 1217 through 1331 "K" Street, both odd and even numbers. Action was Bakersfield, California, February l, 19?l - Page l0 227 deferred to be certain that the people in the area have been apprised of what is being considered at this hearing. Although the public hearing had been closed at the previous meeting~ Mayor Hart opened the hearing to permit the protesting homeowners and the applicants to address the Council. He read a petition signed by ten property owners on "K" Street which had been filed with the City Clerk prior to the meeting, stating that they did not wish a change in the zoning from an R-4 to a C-2 Zone. Mrs. Mary M. Wallis, 1323 "K" Street, Mr. Leon W. Selby, 1225-27 "K" Street, and Mrs. Dora M. Clark, 1234 "K" Street, all voiced opposition to the rezoning, stating that they are not in favor of commercial uses in the area, as it would affect their property by increasing taxes, would cause a noise problem and the undesirable persons patronizing the bailbond business, would make the neighborhood unsafe for the elderly people presently residing in the apartments on "K" Street. Councilman Stiern stated that he had just conferred with Planning Director Sceales and has been informed that a heavy zone of C-2 is not necessary, that a Bailbondsman can operate in a C-0 zone. Mayor Hart then requested those persons who were in favor of the application to address the Council. Mr. Millard Merino whose' property is located on the southwest corner of 14th and "K" Streets, stated he is very much in favor of having his property zoned either C-2 or C-0, as at the present time he is operating a bailbond business under a variance which was granted to him some time ago. He would like to have his property rezoned at the same time as consideration is given to Mr. Fautkner's application. Mr. Richard Hosking, Attorney representing Mr. Barry Faulkner, stated that there seems to be some misunderstanding in people's minds about a bailbond business, as it is not a noisy business and does not attract undesirable persons. He pointed out that this area is bordered by other commercial businesses and that actually Mr. Faulkner was doing the people in the neighborhood a favor in attempting to zone their property C-2, as it appears this area will be rezoned eventually. 22S Bakers£ield, California, February 1, 1971 - Page Mr. Hosking stated that it would appear to be in the best interests of everyone to have this area rezoned C-2, at least for the properties o£ Mr. Mull, Mr. Jue, Mr. Merino and Mr. Faulkner. Councilman Stiern commented that this is a neighborhood that needs some attention. I£ a zone change is contemplated~ the one that should be considered in fairness to the people who want to maintain the residential aspect of the neighborhood would be to fezone the Merino, Jue, Faulkner, Mull and Chow properties as C-0, and let the rest remain R-4. Under a C-2 zoning a number of noisy businesses could be opened in the area which do not conform to a residential neighborhood. Councilman Bleecker pointed out that this area is already substantially commercial. The Council is going to be asked to rezone more and more area of the City from residential to commercial, because they are already in a period of transition. He feels that business improves an area and stated that what Mr. Faulkner and some of the other property owners have asked for is reasonable and sound. This is a part of the City which will go commercial sooner or later and shows in the general plan that it will be commercial. He would not want to impose C-2 zoning on the property owners who are presently zoned R-4 if they do not desire it, but he feels that eventually they will ask that their property be rezoned commercial. He feels that the application of Mr. Faulkner and the other property owners should be approved and their property rezoned either C-0 or C-2. During further discussion~ it was brought out that Mr. Mull and Mr. Jue were not present to state their views on rezoning their property to C-0. Mr. Faulkner stated he would have no objections to a C-0 rezoning if it would be adequate for his use, the parking is the same~ and there were no restrictions on the size of the sign he can erect to advertise his business. Councilman Bleecker stated that since Mr. Jue~ Mr. Mull and Mr. Chow are not present at the hearing, he would move that the rezoning be changed only on Mr. Faulkner's and Mr. Merino's property to C-0 zoning. Bakersfield, California, February l, 1971 - Page 12 In response to a question from Mrs. Wallis regarding the size of the sign for the bailbond business contemplated by Mr. Faulkner, Mr. Sceales stated it can be a free standing sign five feet back from the property line, which should not exceed 45 feet in height. Mrs. Wallis objected to any flashing signs and Mr. Sceales stated that the only way to control flashing signs would be to apply a D-Overlay on the zoning and the Planning Commission would review the plans and designate the type of sign which would be compatible to the adjacent residential neighborhood. Councilman Bleecker then incorporated in his motion that the D-Overlay be applied, and Ordinance No. 1904 New Series amending Title 17 of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located at 1328 "K" Street and 1401-03 Fourteenth Street, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey~ Rees~ Rucker~ Stiern, Vetter~ Whittemore Noes: None Absent: None This was the time set for public hearing before the Council of the City of Bakersfield for hearing protests by persons owning real property within inhabited territory designated as Curran No. l, proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised and Map of area has been published. To date no written protests have been filed in the City Clerk's office. If no protests are filed, the meeting need not be recessed to allow filing of any supplemental protests. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Vetter, Resolution No. 14-71 of the Council of the City of Bakersfield finding and declaring that a majority protest has not been made against the annexation of Curran No. 1 23O Bakersfield, California, February 1, 1971 - Page 13 to the City of Bakersfield, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Upon a motion by Councilman Vetter, Resolution No. 15-71 of the City of Bakersfield calling a Special Election to be held on the 13th day of April, 1971, pertaining to the annexation of Curran No. 1 to the City of Bakersfield, establishing voting precincts, polling places and officers of election for said Election, and prescribing fees to be paid to said officers of election and for said polling places, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None This is the time set for public hearing on an application by C. R. Fountain to amend the zoning boundaries from an R-2 (Two Family Dwelling) Zone to a C-2 (Commercial) or more restrictive, Zone, of that certain property commonly known as 1000 Lakeview Avenue and 1544 East 10th Street. This hearing has been duly and posted and all affected property owners were No written protests have been filed in the City Clerk's advertised notified. office. Subject property is located at the northwest corner of Lakeview Avenue and East 10th Street and consists of two parcels: (a) the westerly parcel is developed with apartments; and (b) the easterly corner parcel is developed with a commercial building. The Planning Commission is of the opinion that C-2 (Commercial) zoning for the easterly corner parcel would not be detrimental to' adjacent properties. The Commission would recommend the "D" (Architectural Design) Overlay be applied to insure a compatible development with the adjacent residential development. The Commission would further recommend that the westerly parcel remain zoned R-2 to serve as a buffer between the commercial and residential zones. Bakersfield, California, February 1, 1971 - Page 14 Mayor Hart declared the meeting open for public partici-. patton. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Rucker, Ordinance No. 1905 New Series amending Title 17 of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield known as Lakeview Avenue and 1544 East 10th Street, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None by Willard Christiansen, M. This is the time set for public hearing on an application to amend the zoning boundaries from an R-3 (Limited Multiple Family Dwelling) Zone to a C-0 (Professional Office), or more restrictive, Zone, of that certain property commonly known as all of Block 199. This hearing has been duly advertised and posted and all affected property owners were notified. No written protests were filed in the City Clerk's office. Subject block is located between 21st and 22nd Streets and between "D" and "E" Streets. All of subject block with the exception of the new office building, was constructed prior to 1921. This general area has been going through a slow transition from old single family homes to professional office uses. Accord- ingly, the Commission initiated action to fezone several blocks to the south and southwest of subject block to C-0-D in 1967. The Planning Commission is of the opinion that the requested zone change is proper and follows the Commission's long range land use plan for this area. The Commission would recommend the application of the "D" Architectural Design) Overlay, be applied to adjacent blocks zoned for C-0 uses, to insure that any new office construction would be compatible with existing family homes within subject block and other residential uses of adjacent properties while the transition of uses takes place. Bakersfield, California, February 1, 1971 - Page 15 Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the hearing was closed for Council deliberation and action. Upon a motion by Councilman Bleecker, Ordinance No. 1906 New Series amending Title 17 of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakers- field known as all of Block 199, was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker{ Stiern, Vetter, Whittemore Noes: None Absent: None Adjournment. no further business There being Council, upon a motion by Councilman Rucker, adjourned at 10:10 P.M. to come before the the meeting was MAYOR o~o a~', Calif. ATTEST: · ' ~ ~fi~a - ~o ~l~rk of tbe Council of the City of Bakersfield, California Bakersfield, California, February 8, 1971 23: Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall. at eight o'clock P. M., February 8, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Ross McGuire of the College Heights Congregational Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Rees, Rucker, Vetter, Whirremote Absent: Councilman Heisey Minutes of the regular meeting of February 1, 1971 were approved as presented. Stiern, Scheduled Public Statements. Sherman L. Tyler, Jr., on behalf of Borgwardt-South thanked the City Council, the City Manager and the Mr. Union Council, Public Works Director for the cooperation and support received during the recent clean-up program in the southeast area of the City, stating that their pick-up campaign was a huge success as 152 tons to rubbish and trash were collected on three lots and buried. Councilman Rucker expressed his appreciation for the efforts put forth by this civic-minded organization, stating that he personally observed the clean-up, it was very beneficial to the area, and he would like to see a similar project initiated on Lake.- view Avenue. Correspondence. Upon a motion by Councilman Bleecker, communication from Congressman Bob Mathias advising that he has contacted Secretary Romney of the Department of Housing and Urban Development for the purpose of requesting that an investigation be conducted into the circumstances surrounding the construction of Christian Towers and that he will keep the Mayor promptly advised of any communications he receives from HUD in response to his inquiry, was received and ordered placed on file, and if nothing has been heard from Congress- man Mathias within thirty days, Mayor Hart was requested to send him a follow-up letter. 234 Bakersfield, California, February 8, 1971 - Page 2 Councilman Stiern stated that the Planning Commission has appointed a committee to study the matter of fixing rates for City services furnished to tax-exempt structures. Upon a motion by Councilman Stiern, communication from the Downtown Business Association stating they wish to go on record as being wholeheartedly in agreement with the recent "Good Government Award" given to Councilman Ken Vetter by the Bakersfield Jaycees, and extending congratulations to Councilman Vetter, was received and ordered placed on file. Upon a motion by Councilman Rees, communication from the Chairman of the Civil Service Board for Miscellaneous Departments recommending that the City Council establish a ten-mile radius from City Hall as the residential requirement for City employees, was received and ordered placed on file and referred to the Govern- mental Efficiency and Personnel Department. Council Statements. Councilman Bleecker stated he would like to make an informal report from Councilman Rucker and himself to the public on the in£ormation they obtained relative to Cable TV service for the Oro Vista Housing Project. He asked that the following report be made part of the record: "It would appear that there are three entities involved in order to consummate some sort o£ a working agreement to provide Cable Television service to the Oro Vista Housing Project; that is, the Federal Housing Authority, the Bakers- field Cable Television Company and the Pacific Telephone Company. Some of the facts are that the existing utility poles will not carry another cable, the tele- vision cable. It has been proposed that the telephone lines and the cable television lines be put underground. In order to do this~ it requires the approval of the Federal Housing Authority and HUD and the Pacific Telephone Company. A right of way must be acquired for this purpose and there must be an agreement between the phone company and Bakersfield Cable TV Company to share the cost. After having contacted everyone, he and Council- man Rucker were assured that all parties concerned are anxious to cooperate in this project. There Bakersfield, California, February 8, 1971 - Page 3 235 is no foreseeable difficulty in obtaining approval from HUD assuming that the Engineer's plans and drawings are satisfactory. Undoubtedly, the phone company and the cable TV company can work out a cooperative agreement, fhey have done so a number of times in other areas. The Pacific Telephone Company has advised that, subject to agreements with the Housing Authority for the right of way and with the Bakersfield Cable Television Company for cost sharing, there is no reason why this project cannot be completed by August of this year, perhaps earlier. He and Councilman Rucker request the staff to remain in close touch with the various entities involved in order to keep the Council informed regarding the progress of this project. Councilman Rucker and Councilman Bleecker wish to thank Mrs. Lila Little of the Housing Authority, Mr. Howard Channell, Manager of the Bakersfield Cable Television Company, and Mr. Joe Davis and others of the Pacific Telephone Company, for their close cooperation and enthusiasm to see to it that this project is completed promptly. Also, the residents of Oro Vista Project will thank them most of all. The ultimate and presupposed success of this project illustrates that once a need is realized, it is altogether possible for municipal government, the federal government and private enterprise to act together promptly and concisely with little misunderstanding, in order to achieve a very worthwhile common goal." Councilman Bleecker then moved that this report be received and made part of the minutes. This motion carried unanimously. Councilman Vetter stated thai a number of people have called him within the last week in reference to a new adult book- store that has opened up in the community. The problem with this particular one is that it is in very close proximity to one of Bakersfield's elementary schools and the parents are quite concerned as the children attending school are forced to pass this store. He realizes that the Police Department is doing everything legally possible to curb this type of business. In talking with City Attorney Hoagland, he was told that it may be possible to formulate some type of new regulatory ordinance to levy license fees at a high level for this type of business. He asked the City Attorney to research the matter as thoroughly as he can within the next month or so and report back to the Council on any way he can dis- cover to check this type of business, possibly by some county-wide regulation. 23 ; Bakersfield, California, February 8, 1971 - Page 4 Mayor Hart pointed out that San Francisco is considering' an ordinance for the licensing of combination adult movie-book- stores, as it does not have one in effect at the present time. He suggested that the City Attorney contact the City of Oakland which has a licensing ordinance limiting the number of theaters of this type to two which are permitted to operate and are closely regulated. Councilman Rees asked the City Manager how the under- ground program of the public utilities in conjunction with an existing City Ordinance relates to the program that is already under way. Mr. Bergen stated he thinks the Planning Commission's report on tonight's agenda pretty well covers it. Since Ordinance No. 1215 was adopted, the Public Utilities Commission requires the allocation of certain funds for undergrounding. The past practice of the P. G. & E. has been to spend their required allocations within the particular area designated in Ordinance No. 1215. How- ever, the Planning Commission has recommended to the Council that P. G. & E. be relieved from the present completion schedule to allow for some of its accrued funds to be spent in the Civic Center area. This would result in savings to the City and permit the necessary flexibility in programming and coordinating future develop- ment plans with the underground projects within the downtown area. All of the details are set out in a report from the Planning Com- mission on the subject of Underground Utility Districts. Councilman Rucker stated that he and Councilman Bleecker had worked toward obtaining Cable TV service in the Oro Vista Housing Project, most of the residents of which are in a low income bracket, as he feels that cable television should be available to everyone throughout the entire City. He has called this to the attention of the City Council and the City staff a number of times and still nothing has been done. He thanked Councilman Bleecker for his efforts to obtain this service for the underprivileged people living in the Oro Vista Housing Project and stated he hopes that this service will be installed in this area very soon. Bakersfield, California, February 8, 1971 - Page 5 237 Councilman Stiern commented that in support of Council- man Vetter's remarks regarding the licensing of local adult book stores, he wished to assure him that any adjustment of business license fees which he cared to suggest to control this kind of business will meet with his approval. Mr. Bergen stated he would like the record to show that each Councilman has been furnished with a copy of the Kern County Water Agency's Plan for Delivery of Imported Water To and a Financial Plan For, an Urban Bakersfield Area Improvement District. There is no action necessary at this time. The report will be furnished to the City's water consultants for study and report will be made back to the Council from the Water and City Growth Committee later. Mayor Hart asked Mr. Bergen to read into the record the following report from J. M. Towle, Chief of Police, on the subject of Crime Decrease for 1970: "A final compilation of crime statistics in the Bakersfield Police Department indicates a 2.5% reduction in the overall crime figures for the City of Bakersfield during the year 1970. We experienced a fractional increase of only 1.2% in the area of major crime categories, which in- clude murder, forcible rape, robbery, aggravated assault, burglary, auto theft and grand theft. The year 1969 recorded at 15.5% increase in over- all crime, and a 12.7% increase in the major crime area, as compared to 1968. The Uniform Crime Report Manual released figures compiled by the Federal Bureau of Investigation for the first nine months of 1970 (January through September) which indicates a 10% increase nation- wide in major crimes. A 14% increase was indicated for cities having a population of 50,000 to 100,000. Bakersfield is in this category. Significant areas of reduction in reported offenses occurred in the following categories or crime classifications: Bad checks, forgeries, fiotitious checks and other fradulent paper; aggravated assaults; petty thefts from auto; auto burglaries; vandalism and malicious mischief. In the area of narcotics and dangerous drug violations, arrests were down 37 from a high of 410 in 1969, to 373 in 1970, for a reduction of 9%. 238 Bakersfield, California, February 8, 1971 - Page 6 In bringing this information to public attention, I would emphasize that the uniform crime reports, which are a nationwide recording of reported offenses compiled by the Federal Bureau of Inves- tigation, do not reflect the true status of crime within the City of Bakersfield, since their method is to record all crimes reported in the ten other cities and rural areas of Kern County under the name of Bakersfield, California. This has, in the past, resulted in the City of Bakers- field receiving unfavorable publicity by attri- buting to it a crime rate which is not accurate because the actual crime rate for the incorporated city area is not set forth on an individual city basis. It is my desire that the citizens in our city receive the correct facts of the crime picture as it exists. Therefore, while the national average has shown a 10% increase during the first nine months of 1970, the City of Bakersfield for the entire year, had a 22% decrease. This decrease in crime certainly reflects a high degree of cooperation between all law enforcement agencies, the judiciary, and other governmental agencies, and also reflects a high degree of co- operation and assistance from all responsible citizens in our total community. This has to be, then, an outstanding achievement for our City and I urge the citizens to continue their assistance and cooperation during 1971 in our effort to further reduce crime." Councilman Stiern moved that this report be received and filed, stating that this report is particularly noteworthy as the Council is aware that the Police Department is very specific and complete in computing statistics of this nature. This motion carried unanimously. Councilman Bleecker asked the City Attorney if there wasn't some way that the City could notify the Federal Bureau of Investigation to correct the manner in which its uniform crime report refers to the City of Bakersfield, rather than lumptrig together all crimes reported in the ten other cities and rural areas of Kern County. Mr. Hoagland stated it was unfortunate that the FBI does not distinguish between the urban area and the City. They have been notified to this effect, but to date haven't seen fit to change their method of reporting crimes. Bakersfield, California, February 8, 1971 - Page 7 Councilman Bleecker then moved that the City Attorney be requested to write a letter to the Director of the Federal Bureau of Investigation asking that the crime rate for the incorporated City of Bakersfield be accurately compiled nationally according to the Police reports of this City. This motion carried unanimously. Mayor Hart stated that he had directed the following letter to Station KABC of Los Angeles, California, to correct an inaccuracy in a news release: "I wish to use this letter as a means to correct what I believe to be an error in your news release relative to Councilman Snyder's motion for an ordinance requiring all hotels (and apartments) to install either an automatically triggered emergency sprinkler system or construct closed stairwells. The editorial stated that Dr. Sommer and Louis Torres, both affiliated with KABC, stated new building and safety code standards cannot be made to apply to old buildings. As a result, the City cannot require a building built in 1920 for example to meet 1971 fire safety standards. I believe this to be inaccurate, and if you will permit me, I will quote from a statement that I made to the Bakers- field City Council on the 21st day of December, 1970, and although the Ponet Square Hotel in Los Angeles was a contributing fact to the statement, it was brought about as a result of another tragic fire in the Pioneer Hotel in Tucson which took 29 lives. In making the statement, I referred to an editorial of September 17 in the Los Angeles Times which wondered why the Ponet Square Hotel was not ordered demolished or at least made safe by requiring closed stairwells and sprinklers. The editorial finalized with the "time for rationalization is past - too many lives are at stake." Also, in the same issue of the paper, a spokesman from the Los Angeles Fire Department was quoted that the city could not validly enact retroactive legislation to require older buildings with open stairwells to be made to conform to present day building code require- ments. This is not the case. Some years ago the City of Bakersfield directed the management of Bakersfield's Padre Hotel to install stairway and transom enclosures or sprinkler systems throughout to be in compliance with the Uniform Building Code. The owner refused and consequently was ordered to close the hotel by County Superior Court Judge Locke. Despite a reversal of this opinion by the Appellate Court following the owner's appeal, the Supreme Court of the State of California upheld the original order to close, which was subsequently unheld by the Federal Supreme Court of the United States. This case is the City of Bakersfield v. Miller, 64 C, 2d 93. The California Supreme Court held 24O Bakersfield, California, February 8, 1971 - Page 8 that the City of Bakersfield could validly enforce retroactive fire safety standards, including a prohibition of open stairwells, as set forth in Chapter 13 of the Uniform Building Code to require rehabilitation of the Padre Hotel, an eight story hotel erected in 1929. In its opinion, the Court states at pp. 101-102: "The fact that a building was constructed in accordance with all existing statutes does not immunize it from subsequent abatement as a public nuisance (citing cases). In this action, the city does not seek to impose punitive sanctions for the methods of construction used in 1929, but to eliminate a presently existing danger to the public. It would be an unreasonable limitation on the powers of the City to require that this danger be tolerated merely because the hotel did not violate the statutes in effect when it was constructed 36 years ago." I do hope this serves the purpose that you seek in expediting the ordinance proposed by Councilman Snyder." Mayor Hart stated that he read this into the record for the express purpose of citing the fact that the City of Bakersfield is well in advance of some of the other major cities in the State of California, as some of them are just now putting into effect ordinances which were adopted by the that time and also all those persons situation. Council for its action at involved in that particular Councilman Stiern complimented the Mayor on his letter, stating that he thinks it is an excellent one and he cannot under- stand why cities such as Los Angeles drag their feet instead of revising their ordinances in a sensible way. Reports. Mr. Howard Channell, General Manager of the Bakersfield Cable TV Company, addressed the Council, stating that at last week's meeting there was some concern expressed regarding service in certain areas. He furnished the members of the Council with a breakdown of the trouble calls received by his company and answered questions relative to the variation of signals received in different sections of the City. He pointed out that certain atmospheric conditions exist which the company is unable to do anything about, but stated that one area of the City does not consistently get better reception than another area. Trouble calls have decreased Bakersfield, California, February 8, 1971 - Page 9 considerably since the cable TV service was first installed, as the pictures and the quality of service have improved over the last few years. He told the Council that any time a constituent reports a problem fo them, he will be more than happy to take care. of it personally. Councilman Rucker asked thaf the report submitted by Mr. Charmell to the Council on the subject of Cable TV for fhe Oro Vista Housing Project be read into the record. Councilman Bleecker stated he would be very happy to read it and incorporate it into his report made earlier in the evening. The letter from Bakersfield Cable TV Company, Inc. read as follows: "It has come to my attention thaf there are some questions as to the reason our company is not providing Cable TV service to the residents of the Oro Vista Housing Project. As I have discussed on a number of occasions with some members of fhe City Council, I would very much like to provide Cable TV to this area, as its residents are good potential subscribers. However, this has not been possible because of a number of reasons. First: a number of times over the past few years, the Housing Authority has indicated that they did not particularly want the cable put in the area. Secondly: the poles in the project are not owned by the public utility, but owned by the Housing Authority. These poles, as they now exist, are inadequate (according to California Public Utility Com- mission General Order #95) for the power and phone lines that are now occupying them, so there is certainly no room on these poles for cable TV. If this situation did not exist, cable TV would have been provided in this area' some time ago. In the past three weeks, I have discussed with Pacific Telephone Company (J. Mosses, District Construction and Engineering Superintendent) their plans for putting their cables underground in the Oro Vista Project. The telephone company has con- tacted our company to inquire if we are interested in putting our cable underground at fhe time of their underground conversion. I assured Mr. Mosses that we are definitely interested and to keep us informed as to the progress of the job. As of now, we are planning on putting cable TV underground along with the phone company, if we can come to an agreement on our share of the cost for the trenching. We do not foresee any problems on cost from the phone company. As things stand now, if an agreement can be reached with the Housing Authority and the phone company continues with their plans, we should have cable TV available to all residents of the Oro Vista Housing Project by the end of the summer." 242 Bakersfield, California, February 8, 1971 - Page 10 Mr..Channell stated that the Oro Vista Housing Project definitely has not been discriminated against for cable service. Many years ago they would have liked to put cable television in the area but the utility poles would not take the cables. As far as the residents being in a low income bracket, statistics provide that this is one of the best areas for cable TV and if they could have installed it a long time ago, they would have done so. Mrs. Lila Little, Executive Director for the Housing Authority of the County of Kern, asked for permission to address the Council. She stated that the Housing Authority entered into an agreement with the Cable TV Company on July 1, 1966 to use its poles and bring cable TV into the project. Since that time the Cable TV Company has been paying $4.00 per pole for the use of the poles even though only 19 people in the project have been receiving service. The Housing Authority has not been a stumbling block. Upon a motion by Councilman Bleecker, Report from the Planning Commission on the subject of Underground Utility District was referred to the Business Development and Parking Committee for study and recommendation. Consent Calendar. The following items were listed under the Consent Calendar: (a) Allowance of Claims Nos. 2572 to 2650, inclusive, in amount of $26,571.19. (b) Request for leave of absence without pay for Robert Thomas, Automotive Serviceman for Transit System. (c) Grant Deed from Watson Realty Co. and S.G.E. Investment Company for the extension of South Real Road between Wilson Road and proposed Tract 3419. Upon a motion by Councilman Rees, Items (a), (b) and (c) of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmen Bleecker, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: Councilman Heisey Bakersfield, California, February 8, 1971 - Page 11 12':~') Councilman Stiern asked the record to show that Item (c) of the Consent Calendar meets with the approval of the administra- tion. Mr. Ed Schultz of the Public Works Department stated that it does meet with the approval of the department and a Performance Bond has been posted for the improvement. Action on Bids. Upon a motion by Councilman Vetter, all bids for the paving of Median Islands on New Stine Road from Stockdale Highway to Sundale Avenue were rejected as excessive. Councilman Bleecker asked the City Manager if there was any reason why the City could not perform this work itself with City forces as an indication to prospective bidders that if bids are consistently excessive, the City might in the future adopt this policy. Mr. Bergen replied that legally we could, it is more a question of if the City had the manpower and equipment. However, presently, the City does not maintain manpower to do construction projects such as this and it was felt that the practical thing to do is to hold it up and include it with a larger project, as a better bid should be received. Councilman Stiern urged, on behalf of the people in the area, that the planting and grading of these median islands be done now prior to accepting a bid for the paving. Upon a motion by Councilman Whirremote, bid of Howard Supply Company for 33 Fire Hydrants complete with burys was and all other bids were rejected. Adoption of Resolution No. 16-71 of the City of Bakersfield deleting a Council Meeting in the month of February, 1971. Upon a motion by Councilman Rucker, Resolution No. 16-71 of the City of Bakersfield deleting Council Meeting of February 15, 1971 was Ayes: Noes: Absent: adopted by the following vote: Councilman Bleecker, Rees, Rucker, Whittemore None Councilman Heisey Stiern, Vetter, accepted, Bakersfield, California, February 8, 1971 - Page 12 First reading of an Ordinance of the Council of the City of Bakersfield amending Section 2.04.010 "Time and Place of Meetings" of the Municipal Code by changing the times and dates of Council Meetings when a legal holiday falls on a Monday. First reading was considered given ~ an Ordinance of the Council of the City of Bakersfield amending Section 2.04.010 "Time and Place and dates Monday. of Meetings" of the Municipal Code by changing the times of Council Meetings when a legal holiday falls on a Adoption of Resolution No. 17-71 of the Council of the City of Bakers- field supporting proposed legislation for the Formation of a Metropolitan Transit District. Upon a motion by Councilman Rucker, Resolution No. 17-71 of the Council of the City of Bakersfield supporting proposed legislation for the Formation of a Metropolitan Transit District, was adopted by the following vote: Ayes: Councilmen Bleecker, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: Councilman Heisey Approval of Map of Tract 3483 and Mayor authorized to execute Contract and Specifications for Improvements in said Tract. Upon a motion by Councilman Rucker, it is ordered that the Map of Tract No. 3483, be, and the same is hereby approved. That the Avenues, Court, Drive and Street shown upon said Map and therein offered for dedication, be, and the same are offered for dedication. Pursuant to the provisions of Section 11587 of the Business and Professions Code, the Council of the City of Bakers- field hereby waives the requirement of signature of the following: Donald L. Lord, Owner of Mineral Rights below a depth of 500 feet with no right of surface entry. 245 Bakersfield, California, February 8, 1971 - Page 13 The Clerk of this the face of said Map a copy Seal of the City Council of was authorized to execute the Contract and Specifications for improvements in said Tract. Adoption of Resolution No. 18-71 of the Council of the City of Bakers- field revising the rate schedule of sewer charges in the Broadview Sani- tation Area. Upon a motion by Councilman Bleecker, Resolution No. of the Council of the City of Bakersfield revising the of Sewer Charges in the Broadview Sanitation Area, was the following vote: Ayes: Councilmen Bleecker, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: Councilman Heisey Approval of request from Joan Stark to connect property at 528 South Real Road to City sewer subject to certain conditions. Stark Council is directed to endorse upon of this order authenticated by the the City of Bakersfield and the Mayor the 18-71 rate schedule adopted by First reading of an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Municipal Code by adding Chapter 17.43 "Hosp" (Hospital) Zone. First reading was considered given to an Ordinance of the Council of the City of Bakersfield amending Title 17 of the Municipal Code by adding Chapter 17.43 "Hosp" (Hospital) Zone. 1. Work to be constructed to City specifications. 2. Enter into suburban sewer rental agreement. 3. Plans to be submitted for City's review and approval. was approved subject to the following conditions: Upon a motion by Councilman Stiern, request from Joan to connect property at 528 South Real Road to the City sewer 246 Bakersfield, California, February 8, 1971 - Page 14 Ayes: Noes: Absent: Council, adjourned Hearings. This is the time set for hearing on Resolution of Inten-. tion No. 862 of the Council of the City of Bakersfield declaring its intention to order the vacation of a portion of Manor Street in the City of Bakersfield. Notices were duly posted as required by law and no written protests have been filed in the City Clerk's office. Mayor Hart declared the hearing open for public partici- pation. No protests or objections having been received, the public hearing was closed for Council deliberation and action. After discussion, upon a motion by Councilman Rees, Resolution No. 19-71 of the Council of the City of Bakersfield ordering the vacation of a portion of Manor Street, in the City of Bakersfield, was adopted by the following roll call vote: Councilmen Bleecker, Rees, Rucker, Stiern, Vetter, Whirremote None Councilman Heisey Adjournment. There being no further business to come before the upon a motion by Councilman Bleecker, the meeting was at 9:20 P.M. MAYOR of\th.~ ~ft~of ~akersfield, Calif. ATTEST: C~~-i~%x-~flc~A~ller~of the Council of the City of Bakersfield, California Bakersfield, California, February 22, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., February 22, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Marvin Anderson of St. John's Lutheran Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker, Absent: None Stiern, Vetter, Whittemore Minutes of the regular meeting of the Council of February 8, 1971, were approved as presented. Scheduled Public Statements. Mr. Dave Urner presented the Mayor and members of the Council with a plaque which was awarded to the City of Bakersfield at the 62nd Annual Banquet of the Japan-American Society of Southern California held at the Ambassador Hotel in Los Angeles. This top award gives recognition to the City of Bakersfield and its affilia- tion with the City of Wakayama, Japan, and its work in Sister-City affairs. Mayor Hart thanked Mr. Urner on behalf of the City and stated the Gold Award Plaque will be displayed in his office in City Hall. Mr. Edwin R. Kuhn, candidate for election to the office of Councilman in the Fifth Ward, read a statement which he had earlier filed with the City Clerk, stating that he will be unable to complete his campaign for City Councilman and will not be able to serve in the event of his election due to accepting an employment opportunity with his company which will require his moving from the City. Mr. Leslie Chambers, who resides at 102 Spruce Street, requested help from the Council with a problem relative to the building at 1033 H Sfreet, which is next door to rental property he owns, charging that dope and other things of an offensive nature to the neighbors went on at this location. stated he is familiar with the problem and made to abate the nuisance. City Attorney Hoagland that efforts were being 248 Bakersfield, California, February 22, 1971 - Page 2 Mr. Chambers stated that it was his understanding this property had been condemned at one time. Mr. Hoagland commented that individual arrests have been made at this location, but he was not aware of any abatement proceedings regarding the building. Councilman Stiern asked if this property could be included with the abatement action being taken against other property in the City and Mr. Hoagland agreed to call it to the attention of Mr. Olsson, Building Director and see what can be worked out. Mayor Hart acknowledged the presence of members of Cadet Girl Scout Troop No. 350 of Washington Junior High School who were observing the Council meeting. Correspondence. A communication from the Bakersfield Fire Department Civil Service Commission recommending that a ten mile radius from the City Hall be established as a residence requirement for City employees was read, and upon a motion by Councilman Vetter, the letter was received and ordered referred to the Governmental Efficiency and Personnel Committee. All members of the Council death of Mr. Raymond G. Taylor, late expressed regret at the sudden Chairman of the Bakersfield Fire Department Civil Service Commission, who will be sorely missed in the community. His efforts and distinguished record as a member? of the Civil Service Commission have done a great deal to raise the standards of the Fire Department. A letter addressed to Mayor Hart from Mr. Reno D. Zanotto suggesting an alternate plan for the operation of rail service between Los Angeles and San Francisco, was read by the City Clerk. Mr. Zanotto proposed that the Santa Fe train serving Los Angeles to Chicago be split at Barstow and part of the train routed through Bakersfield to San Francisco which would save two hours time, and travel over the scenic coastal route from Los Angeles to San Francisco by way of Santa Barbara. Mayor Hart stated that he intends to pursue this alternate suggestion for routing passenger trains with Mr. John A. Volpe, Secretary of the Department of Bakersfield, California, February 22, 1971 - Page 3 Transportation in Washington, D.C., and request that this agency consider continuance of service through the San Joaquin Valley between San Francisco and Los Angeles. After discussion, Councilman Bleecker moved that the letter be received and placed on file, and that Mayor Hart pursue the matter in every possible way with Secretary Volpe. This motion carried unanimously. Council Statements. Councilman Vetter commented that a new park located on the southeast corner of Fjord Street and New Stine Road, immediately south of West High School, has not as yet been named. He offered the name of "Patriots Park" for consideration of the Council, stating that in his opinion this would be a fitting tribute or memorial honoring the war veterans who have given so very much to their country and the community. Veteran organizations could be invited to place memorials in the Park after ments have been made. Councilman Bleecker commented that additional improve- this name sounded very good to him and moved that the park be given the Name of "Patriots Park." As this park is located in Councilman Vetter's Ward, Councilman Bleecker withdrew his motion, and upon a joint motion by Councilmen Vetter and Bleecker, this park was named "Patriots Park", which was unanimously approved by the Council. Councilman Bleecker stated that he was pleased to learn that the Downtown Business Association had strongly denounced the offensive signs placed on the Padre Hotel some years ago by Super- visor Miller. It would appear that Mr. Miller should recall some of his own political jawboneing about upgrading Bakersfield and upgrade his own personal property. The signs offend the business community, the private community and many visitors to Bakersfield. Supervisor Miller should tear down the signs tomorrow, and as Fourth Ward Councilman, Councilman Bleecker implored him to do so. Mr. Miller who was present in the audience told the Council the answer is "No." 250 Bakersfield, California, February 22, 1971 - Page 4 Councilman Bleecker reminded the Council that a few weeks ago the Council directed the City Attorney to correspond with J. Edgar Hoover, Director of the Federal Bureau of Investi- gation, requesting him to report the crime statistics to the National Press in such a manner that they would reflect only the crime rate statistics as they apply to the City of Bakersfield and not incorporate the statistics from other cities in the County. He read the following letter from Mr. Hoover, addressed to City Attorney Hoagland, which he asked be recorded in the Minutes of this meeting: This is in reply to your letter of February 9, 1971, concerning the FBI's Uniform Crime Reports. There is enclosed a copy of the FBI's Uniform Crime Reporting release of December 21, 1970, disclosing national crime trends for the nine months January - September, 1970, over the same period in 1969. You will note in Table 4 that the crime reports for the City of Bakersfield are not shown. This table of individual city crime experience is limited to those munici- palities with populations in excess of 100,000. The crime experience for the City of Bakersfield for the nine months is included in Table 1 as one of the 251 cities nationally with populations between 50,000 to 100,000 that reported an average increase of 14 percent. Also enclosed is a copy of Uniform Crime Reports - 1969. You will note in Table 5 we do publish crime rates for the Bakersfield Standard Metro- politan Statistical Area, which includes the City of Bakersfield and Kern County. We also show separately in Table 58 the crime figures for individual cities, including Bakersfield, California. The source for the crime figures referred to in your letter did not originate with the FBI. It is suggested you may wish to correspond with the California Department of Justice at Sacramento, California, which does release periodic crime reports with respect to crime in California. Councilman Bleecker asked the City Attorney to again direct a letter to J. Edgar Hoover and request him to report, no matter what the source of his information, only those crimes committed in the City of Bakersfield so that erroneous reports emanating from the high authority of Mr. Hoover's office will not indicate figures that do not correspond with those released by the Chief of Police of Bakersfield. Bakersfield, Cali£ornia, February 22, 1971 - Page 5 Councilman Whittemore commented that several years ago when the Williamson Land Preservation Act was first proposed in the State Legislature, he opposed as he was of the opinion that the called upon to assume the revenue the decrease in assessed valuation it from the floor of the Council taxpayers would be eventually loss to the County resulting from due to this Act. He stated that Ayes: Noes: Absent: the only way to possibly correct the unfair and inequitable tax burden perpetrated upon the people of Kern County is to ask the City's legislators in Sacramento to take any immediate steps which are necessary to repeal the Williamson Act. He does not feel that one segment of the community, which is the non-farm community, can be expected to pay additional taxes to benefit the farming interests in the County. He then moved that a request be made to the legis- lators in Sacramento to do what they can to take action to repeal the Williamson Act. Councilman Stiern seconded the motion, stating he thinks it is long overdue, the Act in the first place was ill-conceived, and he thinks it was a political pay-off from a group in power at the time to a group of supporters. It has exceed all bounds of its original intent. Councilman Bleecker stated he is not too familiar with the Williamson Act, but he would have to oppose the motion. He suggested that the matter be referred to a Council Committee for study before voting on the issue tonight and he asked Councilman Whittemore to withdraw his motion. Councilman Heisey commented that he is not prepared to vote on this subject tonight and he offered a substitute motion that it be held over for thirty days and referred to the Legisla- tive Committee for study and report back to the Council. This motion carried by the following roll call vote: Councilmen Bleecker, Heisey, Rees, Vetter Councilmen Rucker, Stiern, None Councilman Bleecker asked Whittemore that any report from the Committee be submitted to the Council for study at least two weeks before any Council action is taken. Councilman Vetter 252 Bakersfield, California, February 22, 1971 - Page 6 reminded the Council that he is the only member of the Legislative Committee, and he asked the Mayor to appoint additional members to assist him in making the requested study. Both Councilman Bleecke:r and Whittemore volunteered to join with Councilman Vetter to study the issue and formulate a recommendation to the Council. Councilman Heisey reported on the outstanding dedication ceremonies held at International Square Park on Wednesday of last week. He moved that Mayor Hart write letters of thanks to the East Bakersfield Lions Club for the gift of a flag pole for the park and to the East Bakersfield Progressive Club for the gift of national and state flags which fly on the pole in the park. This motion carried unanimously. At this time, Councilman Rucker read a statement informing the Council of the background and qualifications of Mr. Trenton T. Houston who filed a declaration with the City Clerk declaring his write-in candidacy for the office of Councilman in the Fifth Ward of the City of Bakersfield. He asked Mr. and Mrs. Houston, who were in the audience, to stand and meet the Council. Councilman Stiern and Councilman Whirremote remarked that in the interests of fair play and in order to avoid showing par- tiality, any other Candidate for Councilman in the Fifth Ward of the City should be given the opportunity to introduce himself to the Council. Mr. Elyin L. Hedgecock, Mr. Clarence Medders and Mr. Ron Moore, write-in candidates for the office of Councilman in the Fifth Ward availed themselves of the opportunity and made a brief statement to the Council. Councilman Bleecker stated that he has received a com- munication from a constituent who lives at the Hotel Tegler stating that this hotel does not have Cable TV service. Councilman Bleecker requested the staff to ascertain if Cable TV service is available to this hotel so that he can answer the inquiry. Reports. Upon a motion by Councilman Stiern, Report from the Miscellaneous Civil Service Board of its activities for 1970, was received and ordered placed on file. Bakersfield, California, February 22, 1971 - Page 7 Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2651 to 2856, inclusive, in amount of $115,343.94. (b) Acceptance of Work and Notice of Completion for Paving of 42nd Street between Chester Avenue and Union Avenue. (c) Acceptance of Work and Notice of Completion for Construction of Fence around the Park Sump located at Fjord Street and New Stine Road. (d) Street Right of Way Deed from Maurice and Frank St. Clair for widening along the south side of White Lane east of South "H" Street. (e) Grant Deeds from Ethel Reeder for portions of South Real Road and Kennedy Avenue and the sump for proposed Tract No. 3419. Upon a motion by Councilman Whittemore, Items (a), (b), (c), (d) and (e) of the Consent Calendar were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Action on Bids. Upon a motion by Councilman Rucker, bid of Witco Chemical Corporation for Annual Contract for Road Oil and Emulsions 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 Field and Gooch for the relocation of Sewers, Brundage Lane and Mr. Vernon Avenue was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rees, low bid of Griffith Company for the Improvement of Ming Avenue between Wible Road and Hughes Lane was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Rucker, low bid of O. B. Nuzum Tire Service, Inc. for Annual Contract for Tire Recapping was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. 254 Bakersfield, California, February 22, 1971 - Page 8 Adoption of Ordinance No. 1907 New Series of the Council of the City of Bakersfield amending Section 2.04.010 "Time and Place of Meetings" of the Municipal Code by changing the Times and Dates of Council meetings when a legal holiday falls on a Monday. After discussion, upon a motion by Councilman Rucker, Ordinance No. 1907 New Series of the Council of the City of Bakers- field amending Section 2.04.010 "Time and Place of Meetings" of the Municipal Code by changing the Times and Dates of Council Meetings when a legal holiday falls on a Monday, was adopted by the following vote: Ayes: Noes: Councilmen Heisey, Rees, Rucker, Vetter, Whittemore Councilmen Bleecker, Stiern Absent: None Adoption of Ordinance No. 1908 New Series of the City of Bakersfield amending Title Seventeen of the Municipal Code to provide for a Hosp. (Hospital) Zone. Upon a motion by Councilman Bleecker, Ordinance No. 1908 New Series of the Council of the City of Bakersfield amending Title Seventeen of the Municipal Code to provide for a Hosp. (Hospital) Zone, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None Petition from 32 property owners in the area encompassed by "H" Street and Highway #99, and Ming and Belle Terrace, requesting annexation to the City of Bakersfield referred to the Planning Commission for study and recommendation. Upon a motion by Councilman Vetter, petition from 32 property owners in the area encompassed by "H" Street and Highway #99 and Ming and Belle Terrace, requesting annexation to the City of Bakersfield, was referred to the Planning Commission for study and recommendation. Bakersfield, California, February 22, 19?l - Page 9 Approval of Modified Civil Service Rule 9.03 regarding X-Ray Examination of the lumbar spine. After discussion, upon a motion by Councilman Vetter, Modified Civil Service Rule 9.03 regarding x-ray examination of the lumbar spine was approved. Councilmen Bleecker and Heisey voted in the negative on this motion. Approval of Corrected Deed from the City of Bakersfield to the State of California dedicating right of way for Freeway 58 Crossing of the Muni- cipal Farm. Upon a motion by Councilman Bleecker, Corrected Grant Deed from the City of Bakersfield to the State eating right of way for Freeway 58 crossing of was approved. Adoption of "City of Bakersfield. Topics Plan and Map showing the Bakersfield Urban Area Type II System. of California dedi- the Municipal Farm, burse P. G. & E. Auburn Street. The reconstruction and widening of Auburn Street between Oswell Street and Tartan Place requires the relocation of several power poles. Upon a motion by Councilman Rees, authorization was granted to use available funds in the amount of $2,363.82 to reim- for the pole relocations for the improvement of Hearings. This is the time set for public hearing before the Council on application by Southwest Mobile Home Park to amend the Zoning Boundaries from an R-1 (Single Family Dwelling) Zone to an R-2-MH (Two Family Dwelling-Mobile Home Park), or more restrictive, Zone, affecting that certain property located on the southeast corner of South "H" Street and Calcutta Drive. This hearing has been duly advertised and posted and notices sent to all property owners as Upon a motion by Councilman Whirremote, "City of Bakers- field Topics Plan" and Map showing the Bakersfield Urban Area Type II System was adopted to be submitted to the State Division of Highways and the Federal Bureau of Public Roads for their approval. Authorization granted to use available funds for the improvement of Auburn Street. 256 Bakersfield, California, February 22, 1971 - Page l0 required by law. No written protests have been filed in the City Clerk's office. The applicant wishes to rezone a 10-acre parcel to R-2-MH for a mobile home park. The Planning Commission is of the opinion that this density of development would be compatible with the neighborhood and that a mobile home park designed and built to the City's standards would also be compatible with the area. The Commission also recommended that the "D" (Architectural Design) Overlay be applied to protect the adjacent neighborhood if apart- ments are constructed in lieu of the mobile home park. Mayor Hart declared the hearing open for public partici-. patton. No protests or objections being received and no one speaking in favor of the rezoning, the Mayor declared the public hearing closed for Council deliberation and action. Councilman Whirremote stated that when this matter came before the Council a couple of years ago and was denied, many people in the area appeared before the Council and protested to any change in the zone. He realizes that the people in the resi- dences are more than 300 feet from the rezoning in question, but he wondered how many people were actually aware of what is happening. He stated that this will undoubtedly affect create a traffic problem and will result in population in the mobile home park. the school system, will a high density of After discussion, Councilman Whittemore moved that the hearing be continued for one week to permit him to contact the property owners in the area for comments on the rezoning which is proposed for this mobile home park. This motion carried unanimously. Adjournment. There being no further business to come before the Council, upon a motion by Councilman Whittemore, the meeting was adjourned at 9:40 P.M. MAYO~of~~ersfield, Calif. ATTEST: CITY CLERK and E~-Off~cio Clerk of the Council of the City of Bakersfield, California Bakersfield, California, March 1, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., March 1, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Councilman Richard Stiern. Present: Absent: Minutes of the regular meeting of February 22, 1971 approved as presented. Service Pin Award. Mayor Hart presented a Service Pin to Henry Young, The City Clerk called the roll as follows: Mayor Hart. Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote None were Equipment Operator in the Public Works Department, who completed 25 years service with the City of Bakersfield on February 14, 1971. Scheduled Public Statements. Mr. George Barton of the Greater Bakersfield Chamber of Commerce, addressed the Council stating that the support of the communities in the San Joaquin Valley is being solicited to urge the United States Department of Transportation to continue passenger train service through Fresno and Bakersfield rather than along the coastal route. This support in the form of a resolution must be sent to Congressman Bob Mathias in Washington to arrive there no later than Thursday evening. After discussion, upon a motion by Councilman Heisey, Resolution No. 23-71 supporting the continuance of passenger train service through the San Joaquin Valley and urging the Valley Route be adopted for Railway Passenger Trans- portation between Los Angeles the following vote: Ayes: Councilmen Bleecker, Vetter, Noes: None Absent: None and San Francisco, was adopted by Heisey, Rees, Rucker, Stiern, Whirremote Correspondence. Upon a motion by Councilman Bleecker, communication from Congressman Bob Mathias, addressed to Mayor Hart, relative to the Bakersfield Christian Towers project, was received and ordered placed on file. Bakersfield, California, March l, 1971 - Page 2 Council Statements. Mayor Hart advised that Dr. Puder has indicated he will be willing to serve another term on the Bakersfield Redevelopment Agency and upon a motion by Councilman Stiern, Dr. Puder was re- appointed as a Member of the Bakersfield Redevelopment Agency for a four year term expiring February 1, 1975. Councilman Stiern commented that there had been a great deal of confusion existing in the Fifth Ward relative to the election for Councilman. He praised the news media for an excellent job of reporting and keeping the public informed regarding the candidates and the issues. Notwithstanding the confusion, he wished to assure the Council that the people of the Fifth Ward understand the issues and will undoubtedly elect a fine repre- sentative to serve on the Council. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 2857 to 2930, inclusive, in amount of $36,422.30. (b) Acceptance of Work and Notice of Completion for Contract No. 112-70 for the construction of Restroom Storage Building at Centennial Park. (c) Plans and Specifications for Improving Ming Avenue between Stine Road and Real Road and for Paving Median Islands on New Stine Road. (d) Plan for proposed City of Bakersfield Standard Drawing S-37. Upon a motion by Councilman Bleecker, Items (a), (b), (c), and (d) on the Consent Calendar were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Adoption of Emergency Ordinance No. 1909 New Series of the Council of the City of Bakersfield adding Section 11.04.763 to the Municipal Code establishing a Speed Limit on West Columbus Avenue. Upon a motion by Councilman Bleecker, Emergency Ordinance No. 1909 New Series of the Council of the City of Bakersfield adding Section 11.04.763 to the Municipal Code establishing a Bakersfield, California, March 1, 1971 - Page 3 Speed Limit on West Columbus Avenue, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None Acceptance of Resignation of C. Robert Frapwell, as Member of the Planning Commission. Upon a motion by Councilman Stiern, the resignation of C. Robert Frapwell, as a Member of the Planning Commission, was accepted with regret and the Mayor was requested to send him a letter of commendation for his excellent service on the Commission. Adoption of Resolution No. 20-71 of the Council of the City of Bakersfield amending Resolution No. 18-71 of the Council relative to the Rate Schedule of Sewer Charges in the Broadview Sanitation Area. Upon a motion by Councilman Heisey, Resolution No. 20-71 of the Council of the City of Bakersfield amending Resolution No. 18-71 relative to the Rate Schedule of Sewer Charges in the Broad- view Sanitation Area, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker~ Stiern, Vetter~ Whirremote Noes: None Absent: None Adoption of Resolution No. 21-71 of the Council of the City of Bakersfield to include a Floor Covering and Drapery Shop to the list of Permitted Uses in a C-1 (Limited Commercial) Zone. Upon a motion by Councilman Rees, Resolution No. 21-71 of the Council of the City of Bakersfield to include a Floor Covering and Drapery Shop to the list of permitted uses in a C-1 (Limited Commercial) Zone was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None 260 Bakersfield, California, March l, 1971 - Page 4 Approval of Agreement between the City of Bakersfield and Stockdale Development Corporation. After discussion, upon a motion by Councilman Bleecker, Agreement between the City of Bakersfield and the Stockdale Develop- ment Corporation, was approved and the Mayor was authorized to execute same. Hearings. This is the time set for continued hearing before the Council on application by the Southwest Mobile Home Park to amend the Zoning Boundaries from an R-1 (Single Family Dwelling) Zone to an R-2-MH (Two Family Dwelling - Mobile Home Park), or more re- strictive, Zone, affecting that certain property located on the southeast corner of South "H" Street and Calcutta Drive. This hearing has been duly advertised and posted and notices sent to all property owners as required by law. No written protests have been filed with the City Clerk. Hearing was continued in order to contact adjacent property owners for comment. Mayor Hart opened the hearing for public part'icipation. No protests or objections being received, and no one speaking in favor of the rezoning, the public hearing was closed for Council deliberation and action. Councilman Whittemore stated he had contacted some of the people who were active at the Council some time ago, and he residents in the adjacent time this hearing was held before the has received many requests from homes to oppose this zone change for basically the same reasons expressed at the former hearing. He pointed out the relationship to the adjacent parcels and stated that this small area is being packed with high density zoning, and he wishes to oppose this rezoning personally. He then moved that this rezoning be denied. Councilman Heisey stated that he feels this is very good zoning, and that another mobile home park is needed in this location. The fact that no one appeared in opposition to the application for a zone change at the Planning Commission level, that a hearing was Bakerstield, California, March 1, 1971 - Page 5 held last week and continued until this week and no one has ex- pressed opposition, would indicate to him that there is no problem, and he cannot support Councilman Whittemore's motion. Councilman Whittemore reiterated that the adjacent property owners do not want this Mobile Home Park, they did not want the Mobile Home Park or the apartments which were previously applied tot and granted rezoning by the Council. These people were told by the subdivider thai the surrounding property would reamin R-1 and now the area is gradually being changed by creeping zoning. Councilman Stiern asked Councilman Whirremote and the Planning Director if they knew of a development which would be more compatible with the area generally than that which is proposed. Councilman Whittemore replied "R-l". it could go several different ways, all be residential. Councilman Bleecker stated it Mr. Sceales commented that but he would think it would is his conclusion that it is very unlikely this area would be developed to R-1 zoning, and he does not feel too much traffic could be generated in the area as it is rather a wide street out in the country; therefore~ he would have to vote in favor of granting the application. Councilman Stiern asked Councilman Whittemore to state plainly why he was opposed to the granting of the application for this rezoning in this specific location with the power line running through it and which, in his opinion, could not be developed for any other use. Councilman Whirremote stated that portions of the power line are now a second class park and once it was proposed as an equestrian trail around Bakersfield. The R-1 residences 600 feet from this proposed rezoning are still concerned about the high density of development already in existence and the addition of this mobile home park would only serve to increase the density which would not be compatible with the area. 262 Bakersfield, California, March l, 1971 - Page 6 After considerable discussion, Mayor Hart called for a vote on Councilman Whittemore's motion to deny the application. This motion failed to carry by the following roll call vote: Ayes: Councilmen Vetter~ Whittemore Noes: Councilmen Bleecker, Heisey, Rees~ Rucker~ Stiern Absent: None Upon a motion by Councilman Heisey, Ordinance No. New Series amending Title Seventeen City of Bakersfield by changing the property in the City of Bakersfield of South "H" Street and Calcutta Drive, was adopted vote: Ayes: Noes: Absent: 1910 of the Municipal Code of the Land Use Zoning of that certain located at the southeast corner by the following Councilmen Bleecker, Heisey, Rees, Rucker, Councilmen Vetter, Whittemore Stiern None This is the time set for public hearing before the Council for hearing protests by persons owning real property within territory designated as "Brundage No. 2", proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised and notices sent to property owners as required by law. No written protests have been filed in the City Clerk's office. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received to the proposed annexation, the Mayor declared the public hearing closed for Council deliberation and action. Councilman Rucker moved adoption of Resolution No. 22-71 of the Council finding and declaring that a majority protest has not been made against the annexation of Brundage No. 2 to the City of Bakersfield. During discussion, Councilman Bleecker, commented that it would appear that roughly one-half of the area being annexed is the Fremont School property, which upon annexation would become the recipient of all City services free of charge. He stated that he would be in favor of opposing the annexation for this reason. Also, in the future, he will oppose any tax-exempt structure from Bakersfield, Cali£ornia, March l, 1971 - Page 7 receiving City services without charge which are being paid for by City taxpayers, until such time as the Council sees £it to levy a fair charge against these properties to help defray the cost of government in the City. In answer to a question from Councilman Whittemore, Mr. Sceales stated that any change in the boundaries of this annexation would have to be reviewed by the Local Agency Formation Commission. Councilman Whittemore stated that he fails to see how this annexation will benefit the City of Bakersfield and he would therefore oppose it. Councilman Stiern pointed out that the Council has already requested the Planning Commission to generally look at the issue of levying service charges on tax-exempt structures and make recom- mendations back to the Council. In view of that action, it seems to him that it would be premature to approve this annexation until such time as the Commission's recommendation is reviewed by the Council. City Attorney Hoagland commented that the City at the present time is paying County taxes on the Corporation Yard property included in this annexation, and will continue to do so until such time as it is annexed to the City. Councilman Heisey then offered a substitute motion that this matter again be referred to a special committee of the Planning Commission to make a study of the problem and come back to the Council with a recommendation. Councilman Vetter commented that the Council should approve the proposed annexation as he doesn't think that the Planning Commission will be making any recommendation for specific charges on tax-exempt properties for some time, as it will be a long, involved study. He feels that the Council should go ahead and extend the City services to Fremont School and when the recommendation is received, and has been evaluated by the Council, charges can be made at that time. He asked if this annexation is opposed, what will happen when California State College, Bakers£ield makes an application for annexation which it is assumed will be at some future date. He doesn't believe that Fremont School can be Bakersfield, California, March 1, 1971 - Page 8 denied annexation into the City and receive City services, when the City is more or less committed to annex and extend City services to Cal State College. Councilman Bleecker commented that he will vote for the proposed annexation with the explicit stipulation that if the Planning Commission does not offer some reasonable and sound conclusions regarding a levy for City services to tax-exempt entities within the City within the next 30 days, the Council should take over this responsibility itself, refer it to a com- mittee, and come up with a fair charge system within 30 days after that time. He moved to incorporate this request in Councilman Rucker's motion to adopt the Resolution declaring that a majority protest has not been made against the proposed annexation. Councilman Rees and Stiern asked for a separation of the question. After further discussion, Councilman Bleecker withdrew his amendment to Councilman Rucker's motion. Councilman Heisey withdrew his substitute motion. Vote was then taken on motion to adopt Resolution No. 22-71 finding and declaring that a majority protest has not been made against the annexation of Brundage No. 2 to the City of Bakersfield, which carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter Noes: Councilman Whittemore Absent: None Upon a motion by Councilman Rucker, Ordinance No. 1911 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as Brundage No. 2, 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 Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore None None Councilman Bleecker stated that if the Planning Com- mission would prefer not to make a recommendation on service charges for tax-free entities, he would move that the Planning Bakersfield, California, March l, 1971 - Page 9 Commission be given 90 days to study the matter and make a recom- mendation as to the feasibility of assessing special charges for refuse collection, sewage disposal and other charges performed by the City of Bakersfield that do not come under the category of governmental services. Councilman Rees asked the staff if it were legally possible to charge for garbage pickup, for instance, from non-taxpaying, non-profit organizations only. City Manager Bergen replied no, that the Constitution would prohibit making a charge solely for this purpose. City Attorney Hoagland commented that it is not legal to single out non-taxpaying entities for this type of charge, it would in all likelihood constitute discrimination. Councilman Bleecker stated he would like the Planning Commission to evaluate the whole City services structure as well as the tax-exempt properties and make a recommendation back to the Council within 90 days. Councilman Stiern stated he would like to be operating under Roberts Rules of Order, as he feels this motion should die for lack of a second. There is a presumption in the motion that the Planning Commission is not giving this matter its full attention and not going to come back to the Council with a recommendation. He does not feel that a deadline should be imposed, as if a recom- mendation is not received within a reasonable length of time, the Council can study it in committee. However, he feels confident that a recommendation will be made from the entire Commission. Councilman Vetter agreed that it would be presumptious of the Council to set a deadline at this time and stated he believes the Commission should be permitted a reasonable time to make its study and report. Councilman Whittemore commented that in his opinion it will take a great deal of study and a long report will be submitted to the Council. Councilman Bleecker stated he would amend his motion to instruct the Planning Commission to study the matter and come back to the Council with a progress report within 90 days. 266 Bakersfield, California, March 1, 1971 - Page 10 After additional discussion~ vote was taken on Councilman Bleecker's motion, which failed to carry as follows: Ayes: Councilmen Bleecker, Rucker Noes: Councilmen Heisey~ Rees, Stiern~ Vetter, Whittemore Absent: None This is the time set for public hearing be£ore the Council on application by J. L. Dandy & Co. and Kern-Cal Corp. to amend the zoning boundaries from an R-1 (Single Family Dwelling) Zone and from a C-2-D (Commercial - Architectural Design) Zone to an R-2 (Two Family Dwelling) or more restrictive, Zone, and to an R-3 (Limited Multiple Family Dwelling), or more restrictive, Zone, affecting that certain property located west of Stine Road and south of Ming Avenue. This hearing has been duly advertised and posted and notices sent to property owners as required by law. No written protests have been filed in the City Clerk's office. The Planning Commission has reviewed the proposed development plan and feels that the proposal is in keeping with good zoning and planning practices and, accordingly, recommends approval of the zone change as~ submitted. Mayor Hart declared the hearing open for public partici- pation. No one appeared either in favor or in opposition to the application for the zone change. The public hearing was then closed for Council deliberation and action. In response to a question from Councilman Vetter whether the "D" Overlay should be applied to the R-2 and R-3 Lots, Mr. Sceales stated that the Commission questioned the need of the "D" Overlay for the R-2 zoning which will be developed with duplexes. Mr. Dandy~ the developer, stated that they are considering two story apartments, but haven't arrived at a decision as yet. The setback is the same as in R-1. They would also have R-1 across the street. They would prefer not to have the "D" Overlay as it is easier to start building without it, as the construction has to be compatible with R-1 zoning and will be limited to two units per lot~ regardless of the density. Bakersfield, California, March 1, 1971 - Page 11 After additional discussion, upon a motion by Councilman Vetter, Ordinance No. 1913 New Series amending Title 17 of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located west of Stine Road and south of Ming Avenue, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None This is the time set for public hearing before the Council on application by Stockdale Development Corporation to amend the Zoning Boundaries from an "A" (Agriculture) Zone to an R-1 (Single Family Dwelling) or more restrictive, Zone, and to an R-3 (Limited Multiple Family Dwelling) or more restrictive, Zone, affecting that certain property located approximately 450 feet north of Stockdale Highway and west of Montclair Street. This hearing has been duly advertised and posted and notices sent to property owners required by law. No written protests have been filed in the City Clerk's office. The Planning Commission is of the opinion that this zone change is compatible with the surrounding area and, accordingly, recommends approval with the condition that the "D" (Architectural Design) Overlay be applied to the R-3 Parcel to assure a compatible development with the adjacent R-1 properties. Mayor Hart declared the hearing open for public partici- patton. No one appeared either in favor or application for the zone change. The public closed for Council deliberation and action. in opposition to the hearing was then Upon a motion by Councilman Rucker, Ordinance No. 1912 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 approximately 450 feet north of Stockdale Highway and west of Montclair Street, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Vetter, Whittemore Noes: None Absent: None Stiern, 268 Bakersfield, California, March 1, 1971 - Page 12 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Stiern, the meeting was adjourned at 9:45 P.M. MA' ld, Calif. ATTEST: of the City of Bakersfield, California Bakersfield, California, March 8, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., March 8, 1971 Due to the absence of Mayor Hart, Vice-Mayor Stiern acted as presiding officer and called the meeting to order, followed by the Pledge of Allegiance and Invocation by Greenwalt of the Trinity Baptist Church. Present: Absent: the Reverend A. L. The City Clerk called the roll as Councilmen Heisey, Rees, Rucker, Stiern, Whirremote Mayor Hart. Councilman Bleecker Minutes of the regular meeting of March follows: Vetter, approved as presented. Correspondence. Upon a motion by Councilman Vetter, meeting of the South San Joaquin Division of Cities will be hosted by the City of Reedley 1971, on Friday, was received and ordered placed on file. The (a) (b) Consent Calendar. 1, 1971 were notice that the next the League of California March 19, following items were listed on the Consent Calendar: Allowance of Claims Nos. 2921 to 2997, inclusive, in amount of $145,730.19. Acceptance of Work and Notice of Com- pletion for Contract No. 2-71 for Resurfacing portions of Chester Avenue and "F" Street and Paving of Service Drives in California Avenue Park. Upon a motion by Councilman Rucker, Items (a) and (b) of the Consent Calendar were adopted by the Ayes: Councilmen Heisey, Rees, Rucker, Whittemore Noes: None Absent: Councilman Bleecker following vote: Stiern, Vetter, Reception of Certificate of City Clerk to Result of the Canvass of Election Returns of the Nominating Municipal Election held on March 2, 1971. Upon a motion by Councilman Heisey, Certificate of the City Clerk to result of the Canvass of Election Returns of the Nominating Municipal Election held on March 2, 1971, was received, ordered placed on file and spread in full on the Minutes, as follows: Bakersfield, California, March 8, 1971 - Page 2 STATEMENT OF ALL VOTES CAST A T THE NOMINATING MUNICIPAL HELD March 2, 1971 ELECTION In CITY OF BAKERSFIELD STATE OF CALIFORNIA Bakersfield, California, March 8, 1971 - Page 3 NOMINATING MUNICIPAL ELECTION MARCH 2, 1971 WARD NO. 2 Cons. NO. Consisting of Precincts Registered Votes Voters Cast HEISEY i 302 344 43 42 2 303 345 41 41 3 304 372: 30 30 4 305 319 43 43 5 306 325 33 31 6 307 303 26 25 7 3O8 319 24 21 8 309 415 23 23 9 310 380 31 31 10 505 453 74 73 11 506 369 61 61 12 507 92 24 24 Total Absentee Vote 4036 453 445 7 7 GRAND TOTAL 4036 460 452 PERCENT 11.22% Bakersfield, California, March 8, 1971 - Page 4 NOMINATING MUNICIPAL ELECTION MARCH 2, 1971 WARD No. 5 Cons. No. Consisting Registered Votes of Precincts Voters Cast KUHN HEDGECOCK HOUSTON MEDDERS NEWMAN ~DORE 13 14 15 16 17 18 19 20 21 22 526 527 528 529 530 531 534 535 536 537 Total 336 90 16 357 135 4 9 12 535 175 15 1 31 341 104 2 23 359 115 2 4 25 322 106 3 90 352 116 4 61 411 119 3 2 13 342 105 1 11 4O8 116 3 6 Absentee Vote GRAND TOTAL PERCENT 31.38% 3763 1181 37 16 288 5 4 1186 41 16 288 65 165 118 75 80 13 30 95 85 93 759 76O 6 2 7 2 3 8 3 6 9 4:6 4:6 WARD NO. 6 Cons. No. 23 24 25 26 27 28 29 30 31 32 33 Consisting of Precincts 408 533 538 539 540 541 542 543 544 545 553 Registered Votes Voters Cast VETTER THOMAS 450 169 112 57 331 142 25 116 378 171 126 45 329 160 106 52 306 101 60 41 287 100 16 83 323 125 58 66 322 128 42 86 322 118 53 65 302 163 72 91 340 105 38 66 Total 3690 1482 708 768 Absentee Vote GRAND TOTAL PERCENT 40.17% 22 13 9 1504 721 777 3150 Total all Wards 11489 Percent all Wards 27.42% Bakersfield, California, March 8, 1971 - Page 5 CERTIFICATE OF CITY CLERK TO RESULT OF THE CANVASS OF ELECTION RETURNS STATE OF CALIFORNIA ) ) COUNTY OF KERN ) SS. I, MARIAN S. IRVIN, City Clerk of said City, do hereby certify that, in pursuance of the provisions of Section 22932.5 of the Elections Code and of the resolution of the governing body of said City, heretofore adopted and entered upon the minutes of said governing body, I did canvass the returns of the vote cast in said City, at the Nominating Municipal Election held on March 2, 1971, for elective public offices, and/or for and against each measure submitted to the vote of the voters, and that the Statement of the Vote Cast, to which this certificate is attached, shows the whole number of votes cast in said City and in each of the ~spective precincts therein, and that the totals of the respective columns and the totals as shown for each candidate are full, true and correct. Bakersfield, California, March 8, 1971 - Page 6 Adoption of Resolution No. 24-71 de- claring Result of Canvass of Returns of Nominating Municipal Election held in the City of Bakersfield on March 2, 1971. Upon a motion by Councilman Rees, Resolution No. 24-71 declaring the following results of canvass of returns of Nominating Municipal Election held in the City of Bakersfield on March 2, 1971, was adopted by the following vote: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Ayes: Noes: Absent: None Councilman Bleecker WARD NO. 2 Walter F. Heisey 452 WARD NO. 5 Elyin L. Hedgecock 16 Trenton T. Houston 288 Edwin Kuhn 41 Clarence E. Medders 760 Leland C. Newman aka Ron Moore 46 WARD NO. 6 to Kenneth E. Vetter 721 Donald Lee Thomas 777 The following persons are hereby declared to be elected the office of City Councilman for a WALTER F. HEISEY CLARENCE E. MEDDERS DONALD LEE THOMAS full term of four Second Ward Fifth Ward Sixth Ward years: 276 Bakersfield, California, March 8, 1971 - Page 7 Adoption of' Resolution No. 25-71 ~f Intention to include within the Greater Bakersfield Separation of Grade District certain territory designated as "California Avenue No. 3", and setting the time and place for hearing objections to the in- clusion of said territory within said District. Upon a motion by Councilman Rees, Resolution No. 25-71 of Intention to include within the Greater Bakersfield Separation of Grade District certain territory designated as "California Avenue No. 3", and setting March 22, 1971 in the Council Chambers of the City Hall as the time and place for hearing objections to the inclusion of said territory within said District, was adopted by the following vote: Ayes: Councilmen Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: Councilman Bleecker Approval of payment of $250.00 for Special Council for Utility Users Tax appeal. The Utility Users Tax is now on appeal. Those charter cities which have the Utility Users Tax are being asked to con- tribute $250.00 each for special counsel to handle the case before the Appellate Court and Supreme Court. Upon a motion by Councilman Whittemore, approval was given for payment of $250.00 for fees for special counsel for this purpose. Adoption of Resolution No. 26-71 of the City of Bakersfield calling and resetting a Special Election to be held on Tuesday, the 4th day of May, 1971, pertaining to the annexation of Terrace Way No. 1 to the City of Bakersfield, establishing voting precinct, polling place and officers of election for said election, and prescribing fees to be paid to said officers of election and for said polling place. Upon a motion by Councilman Vetter, Resolution No. 26-71 of the City of Bakersfield calling and resetting a Special Election to be held on Tuesday, the 4th day of May, 1971, pertaining to the annexation of Terrace Way No. I to the City of Bakersfield, estab- lishing voting precinct, polling place and officers of election 27 7 Bakersfield, California, March 8, 1971 - Page 8 and for said polling place, Ayes: Noes: Absent: Councilmen Heisey, None Councilman Bleecker was adopted by the following vote: Rees, Rucker, Stiern, Vetter, Whittemore the City of Bakersfield amending Chapter 17.56 of the Municipal First reading was given an Ordinance of the Council of Requirements. Code of the City of Bakersfield pertaining to Automobile Parking Approval of Cooperative Agreement between City of Bakersfield and County of Kern. Upon a motion by Councilman Rucker, seconded by Council- man Vetter, Cooperative Agreement between the City of Bakersfield and the County of Kern providing for County use under a rental fee of City owned drainfield for Route 58 Freeway, was approved and the Mayor was authorized to execute the Agreement. Approval of Cooperative Drainage Agreement between the City of Bakers- field, County of Kern and State of California. Upon a motion by Councilman Heisey, seconded by Council- man Rucker, Cooperative Agreement between the City of Bakersfield, County of Kern and State of California providing for the necessary outfall lines and drainfield at the Mt. Vernon Avenue discharge point of the previously approved Route 58 Freeway Drainage System, was approved and the Mayor was authorized to execute the Agreement. Councilman Heisey expressed his thanks to the voters of the Second Ward for their vote of confidence and support in returning him to the office of Councilman for a four year term. He stated he. is looking forward to completing a number of projects which the Council has been working on diligently and which will reach fruitten in the next few years. First reading of an Ordinance of the Council of the City of Bakersfield amending Chapter 17.56 of the Munici- pal Code of the City of Bakersfield pertaining to Automobile Parking Requirements. 278 Bakersfield, Cali£ornia, March 8, 1971 - Page 9 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Heisey, the meeting was adjourned at 8:25 P.M. MAYOR of C~~ sf~ the Calif. ATTEST: and ~-6ffz~[e~k of the Council of the City of Bakersfield, California Bakersfield, California, March 15, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of the City Hall at eight o'clock P.M., March 15~ 1971. In the absence of Mayor Hart, Vice-Mayor Stiern acted as presiding officer and called the meeting to order, followed by the Pledge of Allegiance and Invocation by the Reverend DeWitt Graham of the Cain Memorial A.M. E. Church. The City Clerk called the roll as follows: Present: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Absent: Mayor Hart Minutes of the regular meeting of March 8, 1971 were approved as presented. Correspondence. Upon a motion by Councilman Bleecker, request from Kern County Economic Opportunity Corporation that the Council appoint a representative to fill the vacant seat on the Board of Directors, was received and ordered placed on file. Upon a motion by Councilman Vetter, communication from Mr. Fred Ward, Special Consultant for the Bakersfield City Employees Association, regarding employees' requests and problems, was received and ordered placed on file and referred to the Governmental Efficiency and Personnel Committee. Council Statements. Councilman Bleecker made the following statement: On Thursday night at 7:30 in the Caucus Room, there was a meeting of the Citizens Freeway Committee with Mr. Van Voorhis of the State Division of Highways. Eight of the ten Committee members were present, as well as about fifteen other interested citizens, from the Chamber of Commerce, etc. Thirteen different combinations of freeway routes and their effect on taking traffic off city streets were explained to the Committee. The State was requested to do some further research and meet again with the Citizens Committee in about thirty days. Bakersfield, California, March 15, 1971 - Page 2 As Chairman of the Committee, I believe that the meeting was fruitful and the State seemed anxious to provide the Committee with information and opinions. No decisions were made by the Committee subsequent to receipt of the additional information requested of the State. Councilman Heisey called attention to the vacancy existing on the Fire Department Civil Service Board due to the death of the Chairman, Mr. Raymond G. Taylor, and placed the name of Mr. Don Simpson in nomination for appointment to this Commissi,~n. Councilman Rees moved that the nominations be closed. An unanimous ballot was then cast by the Council appointing Mr. Don Simpson as a Member of the Fire Department Civil Service December 31, 1971. Councilman Rees, Board for term expiring Reports. Chairman of the Business Development and Parking Committee, reported that this Committee and the City Staff recently met with representatives from all public utility companies operating within the City to review and coordinate the City's present and future plans for undergrounding projects. The Planning Commission recently reviewed the existing Downtown DistrJ. ct and determined that 40% of the total required work has been com- pleted as of this date, and the present ordinance requires that 60% of this underground work must be completed by 1973. Due to the Downtown Development Program, P. G. & E. has been held up in their work since 1968 in the Downtown District and it will be difficult for them to complete the work outlined in the 1973 com- pletion schedule. Furthermore, it will be to the City's advantage, to defer construction in the existing Downtown District to other City undergrounding projects. Since P. G. & E. has accrued $360,000 through the Public Utilities Commission for new City underground projects and is alloted $100,000 per year until 1983, this Committee feels that P. G. & E. should be relieved from the present completion schedule and allowed to spend some of these accrued funds on other proposed underground projects. Bakersfield, California, March 15, 1971 - Page 3 The Planning Commission feels this action would result in savings to the City and permit the necessary flexibility in programming and coordinating future developmenl plans for under- ground projects. The Committee therefore recommended that first reading be given an Ordinance of the Council of the City of Bakers- field amending Section 12.28.020 of Chapter 12.28 of the Municipal Code requiring removal of Overhead Utility Facilities and completion of Underground Installation in accordance with schedule. Also, as recommended by the Committee, upon a motion by Councilman Heisey, Resolution No. 27-71 of the Council of the City of Bakersfield, State of California, calling a public hearing to determine whether public necessity, health, safety or welfare require formation of an Underground Utility District within designated area and setting date of April 12, 1971 for hearing on the matter before the Council, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Councilman Heisey, Chairman of the Water and City Growfh Committee, reported as follows: The City of BakersfieLd and fhe County of Kern have for many years had a Mutual Aid Agreement for Fire Protection. The last Agreement was entered into on March 26, 1951. Both the City and County Fire Chiefs feel that this Agreement should be up-dated.. The present agreement provides for mutual aid within a radius of five miles of the City Hall and with growth that has occurred since that date, it is suggested this be changed to provide for an area five miles from the City boundaries. The fundamental purpose of the Mutual Aid Agreement had not been changed, i.e., all available personnel and equipment of each Fire Department, upon the request of the other Fire Departmenf will assist the other party with suppression of all major fires Bakersfield, California, March 15, 1971 - Page 4 within the service area, provided, however, that determination of the availability of personnel or equipment is vested in the Chief of the Fire Department furnishing the same. The Committee feels that this Mutual Aid pact is of benefit to the community and it recommends that the new Agreement be approved. Upon a motion by Councilman Heisey, the report was adopted, the Mutual Aid Agreement with the County of Kern was approved, and the Mayor was authorized to execute same. Consent Calendar. The (a) (b) following items are listed on the Consent Calendar: Allowance of Claims Nos. 2998 to 3233, exclusive, in amount of $41, 215.38. Acceptance of Work and Notice of Completion for Construction of Irrigation System on New Stine Road from Stockdale Highway to Sundale Avenue, under Contract No. 10-71. (c) Plans and Specifications for resurfacing portions of Mt. Vernon Avenue and Union Avenue. Upon and (c) on the vote: a motion by Councilman Whittemore, Items (a), (b) Consent Calendar, were adopted by the following Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None Deferred Business. Adoption of Ordinance No. 1914 New Series of the Council of the City of Bakersfield amending Chapter 17.56 of the Municipal Code of the City of Bakersfield pertaining to Automobile Parking Requirements. Upon a motion by Councilman Rucker, Ordinance No. 1914 New Series of the Council of the City of Bakersfield, amending Chapter 17.56 of the Municipal Code of the City of Bakersfield pertaining to Automobile Parking Requirements, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None Bakersfield, Cali£ornia, March 15, 19?l - Page 5 First reading of an Ordinance of the Council of the City of Bakersfield repealing various Chapters of the Municipal Code relating to Fire Pro- tection and adopting the Uniform Fire Code with its nationally recognized standards as hereinafter amended. First reading was given an Ordinance of the Council of the City of Bakersfield repealing various chapters of the Municipal Code relating to Fire Prevention and adopting the Uniform Fire Code with its nationally recognized standards as hereinafter amended. Claim for personal injuries from Mollie Lewis referred to the City Attorney. Upon a motion by Councilman Rucker, Claim for Personal Injuries from Mollie Lewis was referred to the City Attorney. Request from Louis Mello to connect residence at 2313 Sandpiper Road to the City Sewer System referred to the Planning Commission. Upon a motion by Councilman Vetter, request from Louis Mello to connect residence at 2313 Sandpiper Road to the City Sewer System was referred to the Planning Commission. Encroachment Permit granted Clyde Trammel to install brick paving at 1314 - 17th Street. Upon a motion by Councilman Bleecker, an Encroachment Permit was granted Clyde Trammel to install golden buff brick paving at 1314 - 17th Street. Action on Map of Tract No. 3506 and Contract and Specifications for im- provements therein deferred for one week. The Council at this time considered Map of Tract No. 3506 and Contract and Specifications for improvements therein. This subdivision for condominium purposes on 4.7 acres of land is located at the intersection of Panorama Drive and Manor Street and is being developed by Watson Realty Company. Vice-Mayor Stiern asked the City Attorney to outline the province of the Council relative to the approval of a final Tract Map. Bakers£ield, California, March 15, 1971 - Page 6 Mr. Hoagland stated that there is little that the governing body can do other than assure itself that the final Map of any tract conforms with all of the requirements of the State law and local ordinances regarding subdivisions. Mr. Bennet Siemon, Attorney, addressed the Council at this time, stating that he represents 12 of the 15 owners of the dwellings on the south side of Panorama Drive between Union Avenue and Loma Linda Drive. He submitted fwo photographs showing these homes and the area being developed under the proposed subdivision Map. He stated these property owners on Panorama Drive were objecting to the adoption of this Tract Map because the construction of a 22 unit condominium is detrimental to the established character of the neighborhood and to property values in the area. He quoted: from the minutes of a meeting of the Planning Commission held on September 3, 1969, which he stated applies equally as well to the objections which the property owners he represents are making to- night, as follows: Mr. Sceales displayed a Map depicting the area initiated for zone change by the Commission and its relationship to the adjacent parties and existing physical developments. The County has proposed to sell a portion of this property to developers. The "D" Overlay is recommended to protect the traffic flow onto and along Panorama Drive and to protect the residential area to the south. Mr. Sceales added that a letter was sent to the Board of Supervisors objecting to the disposition of Panorama Park for the following reasons: Disposition of subject parcel would be in conflict with the intent and purposes of the Bakersfield Metropolitan Area General Plan inasmuch as said Plan depicts subject property apart of the Metropolitan Recrea- tion Area (Panorama Park). Disposition resulting in a subdivision of any kind would deprive the citizens of Metropolitan Bakersfield, the County of Kern and the State of California of the most unique and panoramic views offered in this entire area. Based on the Bakersfield Metropolitan Area General Plan, property owners of the estate type single family homes along Panorama Drive and adjacent property owners purchased and developed their property with the know- ledge that the Panorama Park or Kern River Bluffs in this area would remain open and undeveloped. Bakersfield, California, March 15, 1971 - Page 7 Mr. Sceales further pointed out that the Board was apprised of the Commissions being on record as requiring lot sizes equal to that of adjacent R-1 properties (22,000 to 23,000 square feet per lot) with rigid architectural and site development controls. Mr. Siemon remarked that this was the opinion of the Planning Commission in 1969 and was affirmed by the Council on September 22, 1969. He stated that the arguments contained in the September 3, 1969 minutes of the Planning Commission are equally applicable to the area covered by the subdivision presently before the Council. The will disrupt the traffic area. He stated that proposed development will impair the view, flow and will result in a densely inhabited legally, approving this Map would result in an obvious violation of the Zoning Ordinance. The property in question is zoned R-l, the proposed use as indicated by the Map does not meet the regulations of the R-1 zone, as these condominiums are duplexes and do not provide the setbacks, sideyards or the backyards required by the Zoning Ordinance. There is insufficient usable area for 22 separate houses, or 11 duplexes. He quoted frola the Zoning Ordinance stating that the provisions had not been observed, inasmuch as permitting this type of construction requires; a public hearing, posting and notices, which has not been done. Mr. Siemon went on to say that Mr. Sceales had advised him that no application for a variance had been received, but the Planning Commission determined that the adoption of the proposed map containing a modification under the Subdivision regulations was sufficient to allow the proposed construction. He stated this is nothing more than a circumvention of the Zoning Act by the adoption of the Map. It is nothing more than a attempt, entirely unauthorized by law, to permit a variance without a hearing. The Subdivision and the Zoning Ordinance relate to entirely different matters and he quoted from both ordinances to prove this point. In summary, he stated the following must be admitted: Bakersfield, California, March 15, 1971 - Page 8 1. The area is zoned R-1. 2. The proposed use is not within the permitted uses of an R-1 zone. 3. No application for variance has been made and no variance has been granted. In addition, he was advised this afternoon by the City Building Department, that no permit had been issued for any con- struction on this land; however, he has been informed that there are at least 50 men working on the site today, and it is obvious from the photographs he has submitted, that considerable work has already been done. The developers are therefore in violation of the Zoning Ordinance and of the ordinance requiring a Building Permit. He requested that approval of the Map be denied as an attempt to circumvent the Zoning Ordinance, that the Building Department be instructed to not issue a permit for the proposed construction, or that any permit heretofore issued be declared void. Also, that the City Attorney be directed to immediately commence an action for the abatement, removal and enjoinment of any use in violation of the Zoning Ordinance. Vice-Mayor Stiern asked if there were other people who wished to speak on this matter. Mrs. Alfred Oakey of 5 Panorama Drive asked when this area was rezoned for multiple residences; why were residents of the concerned neighborhood not notified; when was the area in question purchased from Tenneco; why did the City not buy it and develop it to continue on with Panorama Park. She stated that they moved into their home 18 years ago and were assured by Mr. Dean Gay, who sold them their house, that the area across the street would be retained for a park and recreational site and the view would remain unobstructed. Mr. Sceales stated that the property in question was part of the annexation designated as San Dimas No. 3 and the ordinance annexing this area was adopted by the Council on September 15, 1969, and the area automatically became R-1 upon annexation, as there was; no request to change the zone at the time it was annexed to the City. Mr. Sceales stated that there is a total of 4.7 acres in Bakersfield, California, March 15, 1971 - Page 9 the boundaries of this subdivision. The Planning Commission followed the procedure of using a density formula for all resi- dential zones~ and this area meets the formula. It is not a conventional subdivision, but there are similar subdivisions all over the City. There is no procedure for notification of the adjoining property owners unless a request was received for a zone change. Prior to considering the subdivision map for this tract, he consulted with Mr. Don Davis~ former Assistant City Attorney~ and also consulted with Councilman Heisey so that he could hear the conversation, and asked for the correct procedure to make sure that this subdivision was being handled properly as far as the City Attorney's office was concerned, and this procedure was approved by Mr. Davis. Councilman Bleecker asked if there was any criteria other than density which determines compliance with R-1 zoning. Mr. Sceales stated this is a different type of subdivision, the whole concept is different. The lots in this type of development are not larger than the area which will be built upon, the area around all the lots can become a common area owned by owners of all the units. The Planning Commission considered all these facts before approving a subdivision of this kind. It is obvious that it is not the same as the conventional subdivision, as there are common walls, common areas, etc. Mr. Sceales went on to say that the subdivision ordinance permits the Planning Commission to make certain modifications which in its opinion are reasonably necessary or expedient and in confor-- mance with the spirit and purposes of the Map Act. Councilman Whirremote commented that some of the confusion arises due to the fact that people aren't aware there are many different classes of subdivisions and cited one that was approved in his ward recently which does not have dedicated streets, but is a mobilehome park, and still zoned R-1. Comments were heard from Supervisor Milton Miller and Supervisor Gene Young. Also the following persons expressed 288 Bakersfield, California¥ March 15, 1971 - Page 10 opposition location: to the construction Arthur Folson Maxwell D. Zent Charles Ellerd Mr. Robert Watson of the proposed subdivision in this 101Pasatiempo Drive 47 Panorama Drive 105 Panorama Drive' of Watson Corporation, the developers, stated that they have not been.secretive about the purchase of the property, Tenneco Company notified his firm, as well as 75 other real estate firms, that this property was for sale and they made an offer and purchased it for $28,000.00. He stated that he did not think he or Mr. Gay had any special privileges given to them. Mr. Vetter asked Mr. Watson if he had been issued a Building Permit before commencing construction, as this had been alluded to several times this evening. Mr. Watson stated they were given a permit to open the street to put in a sewer for the subdivision. They were told that as soon as the Compaction reports were turned into the Building Department they could get a Building Permit and proceed with the construction. The compaction reports were completed, they were turned into the City Building Departmenl, so foundations and trenching have been started which require no inspection Until they reach a certain point, which they are reaching at this time. Mr. Siemon was given the opportunity to offer rebuttal and stated that his clients are objecting to the development of a multipurpose use in violation of the Zoning Act, which is very explicit as to what constitutes an R-1 zone. He stated that the Zoning Ordinance and the SubdiviSion Ordinance are two entirely different ordinances and relate to different things. The Sub- division Ordinance relates to the size and development of a sub- division and has' nothing in it that provides for what uses may be developed in a Subdivision, this is governed solely by the Zoning Ordinance. This multipurpose development, under the terms'of the Zoning Ordinance is illegal, and he stated he feels that the City Attorney has an' obligation to uphold the City's oPdinances and prevent and prohibit this use. Mr. Hoagland stated that if there was a legal question involved, he would like time to study the matter, as the decision on this subdivision had been made by his former assistant, Mr. Don Davis, who had worked with the Planning Commission for a period of Bakersfield, California, March '15, 1971- Page ll two years. Mr. Siemon has raised some legal questions which he is not prepared to answer at this time. He stated that he thinks Mr. Siemon is arguing that the Subdivision Map Act does not meet the requirements of the law. The final Map was filed on March 9, 1971 for the approval of the City Council. In accordance with State laws, if approval is not given within ten days, the time for approval may be extended by mutual consent of the subdivider and the governing body. He asked that consent of both parties be given for a delay so that he would have time to formulate a legal opinion on the issues raised by Mr. Siemon. After additional discussion, Mr. Watson consented to deferring approval of the Map for another week, and upon a motion by Councilman Heisey, with the consent of the developer, the matter was deferred for one week for opinion from the City Attorney. Hearings. This is the time set for hearing before the Council for consideration and confirmation of the Report and Assessment. List for Abatement of Weeds under Phase I and Phase II of the 1970 Weed Abatement Program. This hearing was duly posted and notices were mailed to all owners of property on which the nuisance was abated. The Vice-Mayor declared the meeting open for public participation. Protests were received from the following property owners who stated they felt the charges were excessive and that they had cleaned their lots: Parcel No. 10-260-14 2-052-08 18-434-02 Name and Address Loren Moffet 13352 Ankerton Whittier, California LaVerne Mynatt 4300 Flintridge Bakersfield, California Eddie Grosslin c/o Leo Ginn 900 "S" Street Bakersfield, California Assessment $ 50.00 $ 70.00 $115.00 Bakersfield, California, March 15, 1971 - Page 12 Director of Public. Works Jing reviewed the process used for the Abatement of Weeds Program, concluding with the statement that between September 14 and October 23, 1970, a total of 54 parcels were cleaned by the contractor, Specialized Spray Service, and that the total assessment for work done, including incidental costs, was $4,160.00. He stated that a member of his department went out with the contractor and examined each individual parcel and bids were taken on an individual basis; Even after this, if the property owners cleaned the lot before the contractor arrived to do it, he was excused from the program. Miss Sheila Klonblett, DBA Westerner Motel Hotel, 333 Union Avenue, Bakersfield, California, Parcel No. 10-030-11,15, in amount of $115.00, stated that for the past three years City equipment has been parked on her property and deposits of dirt and weeds have been dumped on the lot, and she believes the City should reimburse her for rental for the amount of the Weed assess-. ment. Mr. Jing stated he was not aware that this was being done, that City equipment is stored on the street right of way, the sidewalk area, and arrangements have been made normally with the property owners to obtain permission to do this, however, he will check into this matter. No further protests being received, the Mayor declared the hearing closed for Council deliberation and action. After further discussion, Councilman Heisey commented that he is sym- pathetic with the protestors, but he knows from experience that the City leans over backwards and does everything.possible to avoid abatement of these weeds, and while the costs seem exorbitant, there is no alternative except to confirm the assessment. He, therefore, made a motion that the Council confirm the assessments and the City Clerk be directed to file same with the County Recorder. This motion carried unanimously. This is the time set for public hearing before the Council for hearing protests by persons owning real property BakerSfield, California, March 15, 1971 -Page 13 2~1 within territory designated as "Beale No. 2", proposed to be annexed to the City of Bakersfield. This hearing has been duly advertised and notices sent to those property owners as required by law. No written protests or objections have been filed in the City Clerk's office. Vice-Mayor Stiern participation. No protests public hearing was closed. declared the hearing open for public or objections being received, the .Upon a motion by Councilman Heisey, Resolution No. 28-71 of the Council of the City of Bakersfield declaring that a majority protest has not been made to the annexa- tion of territory designated as "Beale No. 2", proposed to be annexed to the City of Bakersfield, was adopted by the following Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Upon a motion~by Councilman Stiern, Ordinance No. 1915 New Series approving annexation of a parcel of uninhabited territory to the City of Bakersfield designated as "Beale No. 2" and providing for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None This being the time set for public hearing before the Council on the initiated action by the Planning Commission to Zone Upon Annexation those certain properties in the County of Kern bounded on the north by Jefferson Street, on the easterly side by Owens Street and on the west by the existing City boundary, known as "Beale No. 2" annexation, to an R-3 (Limited Multiple Family Dwelling) or more restrictive, Zone, and to a C-1-D (Limited Commercial - Architectural Design) or more restrictive, Zone, the City Clerk announced that this hearing has been duly advertised vote: Ayes:.. 292 Bakersfield, California, March 15, 1971 - Page 14 Code Of vote: Ayes: and posted and notices sent to property owners as required by law. No written protests have been filed in the City Clerk'S office. The Planning Commission initiated said Zoning Upon Annexation so that property being annexed may be zoned similar to the existing zoning in the County. The proposed R-3 and C-1-D zoning is compatible with existing zoning in the City and with the Bakersfield Metropolitan General Plan. TheVice-Mayor declared the hearing open for public participation. No protests or objections being received, upon a motion by Councilman Heisey, Ordinance No. 1916 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal the City of Bakersfield, was adopted by the following Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None This is the time set for public hearing before the Council on the initiated action by the Planning Commission to Zone Upon Annexation those certain properties in the County of Kern located between Bliss Street and Milham Drive, bounded on the north by Texas Street and on the south by Brundage Lane, known as "Brundage No. 2" annexation, to a C-1 (Limited Commercial) or more restrictive, Zone, and to an R-2 (Two Family Dwelling) or more restrictive, Zone. This hearing has been duly advertised and posted and notices were mailed to property owners as required by law. No written protests have been filed in the City Clerk's office. The Planning Commission initiated said Zoning Upon Annexation so that property being annexed may be zoned similar to the existing zoning in the County. The majority of the property within this annexation is owned by the Bakersfield School District and by the City of Bakersfield. The remaining property is developed with commercial and older houses. Bakersfield, California, March 15, 1971 - Page 15 The Vice-Mayor declared the hearing open for public participation. No protests or objections being received, upon a motion by Councilman Rucker, Ordinance No. 1917 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of vote: Ayes: Noes: Absent: the City of Bakersfield, was adopted by the following Council, upon a motion by Councilman Vetter, adjourned at 11:00 P.M. Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter Councilman Whirremote None Adjournment. There being no further business to come before this the meeting was MAYO Bakers field, Calif. ATTEST: C~~'~an~x-~~ Clerk of the Council of the City of Bakersfield, California Bakersfield, California, March 22, 1971 Minutes of the regular meeting of the Council of the City of Bakers{ield, California, held in the Council Chambers of 'the City Hall at eight. o'clocK P.M., March 22, 1971. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by Major Leslie Hood of the Salvation Army. The City Clerk called the roll as Present: Mayor Hart. follows: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Absent: None Minutes of the regular meeting of March 15, 1971 were approved as presented. COrrespondence. A communication was received from Robert A. Gerhardt, Consultant, regarding a client who is interested in obtaining information on the possibilities or relocating manufacturing facilities from Southern California to Bakersfield. Councilman Whirremote stated that in talking with Mr. George Barton of the Greater Bakersfield Chamber of Commerce, he was informed that the Chamber of Commerce has also received correspondence from Mr. Gerhardt, who is a bona fide consultant for the development of industrial sites. The Chamber is pursuing this diligently and will keep the Council informed regarding their progress. Councilman Bleecker agreed that it would be a good idea for the Chamber of Commerce to handle the inquiry from Mr. Gerhardt. Councilman Rees moved that the Mayor acknowledge receipt of the inquiry on behalf of the City, and this motion carried unanimously. Upon a motion by Councilman Stiern, communication from Mr. Harry Amenta, International Fertilizer and Feed Company, recommending changes in the judiciary system and suggesting that the Police Department increase its patrolling of certain areas, was received and ordered placed on file, and the City Manager was requested to answer Mr. Amenta's letter. Bakersfield, California, March 22, 1971 - Page 2 Council Statements. Councilman Bleecker introduced the following Resolution of the Council of the City of Bakersfield: WHEREAS, approximately 1600 American servicemen are either missing in action or held captive in Southeas~ Asia; and WHEREAS, these brave men, because of their sacrifice, have earned the loyal support of Americans everywhere; and WHEREAS, the government of North Vietnam endorsed the accords of the 1957 Geneva Convention and has failed to honor these accords. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Bakersfield, California, acting in behalf of all its citizens calls for the North Vietnamese government to comply forth- with with each and every aspect of the Geneva Convention regarding prisoners Of war. BE IT FURTHER RESOLVED, that the flag of the United States of America which flies proudly above this City Hall, be lowered to half-staff on Wednesday, March 24, 1971, indicating the concern of our citizens and the hoped for release of our imprisoned country- men at the earliest possible date. Councilman Heisey stated that he whole-heartedly supports this resolution. President Nixon has proclaimed this entire week National Prisoner of War Week of Concern. Today, Mayor Hart issued a proclamation proclaiming March 21, 1971 through March 27, 1971, as "WEEK OF CONCERN", for those U.S. soldiers who are held captives or missing in action. Councilman Heisey pointed out that at no other time have captive servicemen been treated as inhumanely as they have been treated by the North Vietnamese government. He stated that each person is obligated to support these prisoners of war, either by letters or by prayer. Councilman Rees stated he concurs wholeheartedly with Councilman Bteecker!s Resolution and Councilman Heisey's remarks. Councilman Bleecker then moved that the Resolution be adopted, which motion carried unanimously. 296 Bakersfield, California, March 22, 1971 - Page 3 City Manager Bergen commented that the Council recently held a discussion as to whether recycled products were available to the City. This matter is being evaluated by the Purchasing Division who have not as yet received answers to their inquiries. Councilman Heisey stated he had been asked by the Pioneer Village Museum Heritage Day Committee to leave entry forms with the City Clerk for the Epitaph Contest for Epitaphs to be placed in "Boot Hill" Cemetery at Pioneer Village, and he encouraged all persons in City Hall to enter the contest. Reports. Councilman Vetter, Chairman, reported that the Budget Review and Finance Committee and the staff recently interviewed Mr. Charles McPhee of Wainwright and Ramsey, as well as Mr. Lee Mitchell of the firm of Stone and Youngberg. These interviews were held for the purpose of selecting a financial consultant to advise this Committee and the Council in connection with making the necessary arrangements for new City facilities, including a new Police Station. The Administrative Staff feels that both firms are qualified, but that Wainwright and Ramsey would be in a position to provide the best service to the City for this project, and there will be no charge for Mr. McPhee's services unless the City sells bonds for new City facilities. Mr. McPhee worked on the bond issue in connection with the sewer project in the southwest area of the City, helped the City receive a better bond rating after the City had been assured by others that its rating could not be improved, and he enjoys an excellent professional reputation as a financial consultant. In view of the quality of service previously received by the City from Mr. McPhee, it is the opinion of the Committee that the firm of Wainwright and Ramsey is better qualified for ibis project. Upon a motion by Councilman Vetter; the report was adopted, and the Council approved the selection of the firm of Wainwright and Ramsey as the financial consultant to work with this Committee and the City Council on this project. Bakersfield, California, March 22, 1971 - Page 4 Mayor Hart reported that a communication had been received from Assemblyman Kent H. Stacey, acknowledging receipt of the City's Resolution supporting legislation for the formation of a Metropoli- tan Transit District. Mr. Stacey advised that he is having this legislation prepared by Legislative Counsel and will be introducing it before the middle of April. He is very hopeful of its passage as it will establish a more equitable program of financing the transit system in the Greater Bakersfield Metropolitan Bakersfield area. Upon a motion by Councilman Heisey, the letter was received and ordered placed on file. Consent Calendar. The following items were listed on the Consent Calendar: (a)Allowance of Claims Nos. 3234 to 3363, inclusive, in amount of $90,650.26. (b) Notice of Completion of Work on project known as Improvement of Lakeview Avenue between Brundage Lane and Southern Pacific Railroad Asphalto Branch. Upon a motion by Councilman Bleecker, Items (a) and (b) of the Consent Calendar were adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Action on Bids. Upon a motion by Councilman Whirremote, low bid of Pioneer Paint Company for Annual Contract of Maintenance Paint and Supplies was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilman Bleecker, low bid of Jim Alfter for Annual Contract to construct Curbs, Gutters and Side- walks was accepted, all other bids were rejected, and the Mayor was authorized to execute the contract. 298 Bakersfield, California, March 22, 1971 - Page 5 Councilman Vetter reminded the Council that~at the meeting of February 22, 1971, the Williamson Land Preservation Act was discussed and the matter referred to the Legislative Committee, of which he is the Chairman, for study and report back to the Council in thirty days. He asked the City Manager to arrange a meeting at the earliest possible date so that a recommendation can be formulated to submit to the Council. Councilman Stiern urged the Committee to commence this study and he feels it is important to place the Council on record in the correct manner. He alluded to an article which he read in the Bakersfield Californian recently, written by Mr. Randall Dickow, who he stated appears to be the most current spokesman for the Democratic Central Committee, and in which Mr. Dickow discussed the Williamson Act at some length and what various people in the community thought about it, including a completely false quotation that Councilman Stiern was alleged to have made in a Council meeting. He, therefore, urged the Committee and the Council to take a position relative to this Act, as he feels it is extremely important, taxwise, to Kern County and the City of Bakersfield. Adoption of Resolution No. 29-71 of the Council of the City of Bakers- field authorizing proration of Taxes re: Ground Lease Agreement No. 38-68 and directing delivery of Quit Claim Deed of leased premises from City to Owner. Upon a motion by Councilman Rucker, Resolution No. 29-7l of the Council of the City of Bakersfield authorizing proration of taxes re: Ground Lease Agreement No. 38-68 and directing delivery of Quit Claim Deed of leased premises from City to ~wner, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Vetter, Whirremote Noes: None Absent: None Rucker, Stiern, Bakersfield, California, March 22, 1971 - Page 6 Purchasing Division authorized to negotiate discount prices with certain vendors. The Purchasing Division has determined that the following vendors are practical sources for items required in small quantities not practical for annual contract bidding but readily adaptable to its discount price program: All Bearing Service, Inc. Bearing Specialty Co. Ba-Valley Industrial Supply Bakersfield Truck Parts Valley Industrial Hydraulics Electrical Equipment Co. (Briggs & Stratton) Davies Machinery Co. (Caterpillar) Valley GM Diesel, Inc. (G. M. Diesel) Brown-Bevis Industrial Equipment Co. (Wayne) Fleet Speedometer Service Upon a motion by Councilman Bleecker, the Purchasing Division was authorized to negotiate discount prices with the above vendors. Encroachment Permit granted Sam's U- Drive at 120 East 21st Street. Upon a motion by Councilman Rees, an Encroachment Permit was granted Sam's U-Drive at 120 East 21st Street for installation of a book drop box within the sidewalk area. Adoption of Ordinance No. 1918 New Series approving annexation of a parcel of uninhabited territory to the City of Bakersfield, California, designated as "California Avenue No. 3", and providing for the taxation of said territory to pay the bonded indebtedness of said City. Upon a motion by Councilman Stiern, Ordinance No. 1918 New Series approving annexation of a parcel of uninhabited terri- tory to the City of Bakersfield, California, designated as "Cali- fornia Avenue No. 3", and providing.for the taxation of said territory to pay the bonded indebtedness of said City, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None 3O0 Bakersfield, California, March 22, 1971 - Page 7 Hearings. This is the time set for public hearing before the Council on Resolution of Intention to include within the Greater Bakersfield Separation of Grade District certain territory desig- nated as "California Avenue No. 3"~ This hearing has been duly advertised and no written protests have been filed in the City Clerk's office. . Mayor Hart opened the hearing for public participation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Stiern, Resolution No. 30-71 annexing certain territory designated as "California Avenue No. 3" to the Greater Bakersfield Separation of Grade District was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore None Noes: Absent: None This Council on the is the time set for public hearing before the initiated action by the Planning Commission to Zone Upon Annexation those certain properties in the County of Kern located between Park Stockdale and California Avenue and bounded on the north by the City and on the south by Van Horn Elementary School, known as "California Avenue No. 3" annexatioD, to an R-1Hosp. (Single.Family Dwelling-Hospital) or more re- strictive, :Zone; to an R-3 (Limited Multiple Family Dwelling) or more restrictive, Zone; to a C-2 (Commercial) or more restrictive, Zone; and t'o a C-0 (Professional Office) or more restrictive, Zone. This hearing has been duly advertised and posted and notices sent to property owners as required by law. No protests or objections have been filed in the City Clerk's office. Mayor Hart declared the hearing open f6r public partici- pation. No one spoke in opposition to the proposed Zoning Upon Annexation. Mr. Mel Jans of Stockdale Development Corporation, stated that the zoning which is being considered at this time is somewhat different from what was proposed in the original applica- tion, they would prefer to have it zoned as requested, but are Bakersfield, California, March 22, 19?l - Page 8 willing to accept the zoning as recommended by the Planning Com- mission. Mayor Hart declared the public hearing closed for Council deliberation and action. The Planning Director explained in detail the Planning Commission's recommendation for zoning this area and pointed out where the zoning differed from that requested by Stock- dale Development Corporation. Councilman Stiern commented that tlhe proposed map of the zoning as presented by the Planning Commission indicates that considerable thought was given to the proper buffering of various zones and the relationship between the zones. He then moved that Ordinance No. 1919 New Series amending Section 17.12.020 of Chapter 17.12 (Zoning Map) of the Municipal Code of the City of Bakersfield be adopted. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None This is the time set for public hearing before the Council on an application by the First Southern Baptist Church to amend the zoning boundaries from an R-1 (Single Family Dwelling) Zone to an R-1-CH (Single Family Dwelling - Church) or more restrictive, Zone, o~ that certain property in the City of Bakersfield located on the northeast corner of Eissler Street and Auburn Street. This hearing was duly advertised and posted and notices sent to property owners as required by law. No written protests or objections were filed in the City Clerk's office. It was the opinion of the Planning Commission that R-1-CH zoning for this property would be compatible with the existing zoning and develop- ment in the area. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed. Upon a motion by Councilman Rees, Ordinance No. 1920 3O2 Bakersfield, California, March 22, 1971 - Page 9 New Series amending Title 17 of the Municipal Code of the City of Bakersfield by changing the Land Use Zoning of that certain property in the City of Bakersfield located on the northeast corner of Eissler Street and Auburn Street, was adopted by the following Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None Mayor Hart granted Mr. Randall Dickow permission to speak to the Council. He stated that he wished to clarify a couple of points which were mentioned earlier by Councilman Stiern. He is a member of the Democratic Central Committee but does not have the authority or any instructions to speak for it. The Central Committee has gone on record as officially opposing the Williamson Act. The Bakersfield Californian changed his news release although the full intent of the release was printed with the exception of the lead sentence, which gave the impression that he was speaking for the Democratic Central Committee. He did not misquote Councilman Stiern as he did not have quotes from Council-- man Stiern in the news release. If he misconstrued Councilman Stiern's statements, he wished to apologize, and he asked the press to make a point that he hereby does not consider Councilman Stiern an opponent of the Williamson Act. Councilman Stiern stated that the article he read in the Californian appeared to be a very partisan political statement on a subject about which the Council is very much concerned. Not as a matter of partisan politics, but as a matter of the impact on the Kern County tax picture and also the effect that it has on the property owners in the City of Bakersfield. He pointed out that what he actually said two or three weeks ago was, that in his opinion, Mr. Williamson in drawing up the Act, was doing a favor to certain large farmers who had supported his campaign. He did not say anything about his own position on the Act. vote: Ayes: 3O3 Bakersfield, California, March 22, 19?l - Page 10 Adjournment. There being no further business to come before the Council, upon a motion by Councilman Heisey, the meeting was adjourned at 8:40 P.M. Calif. ATTEST: an ~ io Clerk of the Council of the City of Bakersfield, California 304 Bakersfield, California, March 29, 1971 Minutes of the regular meeting of the Council of the City of Bakersfield,. California, held in the Council Chambers of the City Hall at eight o'clock P.M., March 29, 1971'. The meeting was called to order by Mayor Hart followed by the Pledge of Allegiance and Invocation by the Reverend Kenneth Brause of the First Baptist Church. The City Clerk called the roll as follows: Present: Mayor Hart. Councilmen Bleecker~ Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Absent: None Minutes of the regular meeting of March 22, 1971 were approved as presented. Correspondence. Upon a motion by Councilman Bleecker, copy of a com- munication from Ivo Keyset, Executive Director of the Downtown Business Association, addressed to Police Chief Jack Towle compli- menting him and his staff on the success of the Downtown Parking Mall, was received and ordered placed on file. Upon a motion by Councilman Rucker, communication from Family and Children's Advisory Committee to the Kern County Welfare Department, requesting consideration of the matter of employing high school students during summer vacation whose parents are recipients on the Aid to Families of Dependent Children Program, was received and ordered placed on file. A communication was received from the California Water Service Company advising that an application has been filed with the Public Utilities Commission for a rate 19% for 1971 in its Bakersfield District. a motion that the Mayor direct a letter to increase of approximately Councilman Heisey made the Public Utilities Commission expressing the Council's concern at the size of the proposed increase by the California Water Service Company and requesting that the PUC watch out for the best interests of the people of Bakersfiend in making its determination on the proposed rate increase. Councilman Heisey also asked thai the City Attorney be present at the rate hearing to represent the taxpayers of the City. 305 Bakersfield, California, March 29, 1971 - Page 2 Councilman Bleecker stated that he would oppose this rate increase 100% unless it can be demonstrated to him the in- crease is justified. Councilman Rees commented that statements made previously by the California Water Service Company and the State Public Utilities Commission indicated that the appropriate time for equalization of the rates in the Crest Water District would be at a general hearing for the evaluation of rates. He stated he would like to serve notice that he and other individuals in the Third Ward will make an issue during the Public Utilities Commission hearing to have an equalization of rates all over the City of Bakersfield. Councilman Stiern stated that equalization of the rates is not the issue, but he does feel, in support of what Councilman Heisey has said, that 19% is a substantial cost of living increase for the Water Company. If there is going to be a hearing this year, it would be sensible and good judgment for the staff and the Water Committee to start studying the facts and figures that necessitated the water company applying for a 19% increase, so that the City can be prepared to represent the taxpayers and express opposition at the hearing to an increase that seems exorbitant at this time. He would like to see the Water Company's figures before he would say that it is out of the question or impossible. It still doesn't make sense, however, that most of the City's residents in the flat land whose water is produced at a low cost, should pay an even higher cost to pump it up on the hill. Councilman Rees stated the matter cannot be resolved tonight, however, regardless of how Councilman Stiern feels, the people in the Third Ward believe it is an issue and they will pursue it as such at the time of the hearing. Councilman Bleecker asked if there was a provision in the application from the Water Company for an equalization of rates in the City. Mr. Hoagland stated that there was no request for it, but it is possible the Public Utilities Commission at the time of 306 Bakersfield, California, March 29, 1971 - Page 3 members Both of these men have served with distinction in their attendance at meetings has been outstanding. indicated their willingness to serve an additional the hearing might undertake on its own motion to study the pro- position. As he recalls it, at their last hearing, the PUC stated that they would look into an equalization of rates for all users. All rate matters are very complex, and in order to make a deter- mination as to whether or not increases are justified, the Public Utilities Commission's staff prepares its figures for comparison and justification at the time of the hearing. After some additional discussion, vote was taken on Councilman Heisey's motion, which carried unanimously. Upon a motion by Councilman Vetter, communication from the East Bakersfield Progressive Club stating that the sale of alcoholic beverages should absolutely be forbidden in the immediate vicinity of the Imperial Hotel, was received and ordered placed oil file. The City Clerk read a communication addressed to Mayor Hart from Congressman Bob Mathias, acknowledging receipt of the Mayor's recent communication with regard to Railpax in which the Mayor expressed interest in two bills, H. R. 709 and H. R. 1170. Congressman Mathias stated that he has learned that no action has as yet been scheduled on either of these House of Representative Bills, but he will keep the Mayor informed on any progress in this: regard. Upon a motion by Councilman Vetter, the communication was received and ordered placed on file. Upon a motion by Councilman Bleecker, communication from the Tennis Development Company of Bakersfield requesting the closing of that certain alley in Block 421B, City of Bakersfield, and that portion of Cedar Street lying southerly of 18th Street, was referred to the Planning Commission for study and recommendation. Council Statements. Councilman Stiern pointed out that the terms of two of the Planning Commission will expire on April 17, 1971. the past, and Both have four years and 3! 7 Bakersf±eld, California, March 29, 1971 - Page 4 he, therefore, made a motion that Mr. Joe H. Davis and Dr. James L. Fredrickson be reappointed as members of the Planning Commission for four years, terms expiring April 17, 1975. Councilman Whittemore commented that for the last six months it seems to be the trend to make new appointments prior to the date of expiration of the terms of the various City Commissions and Boards. These terms will expire in three weeks and he feels that they should be permitted to run the full course. He moved that the matter be tabled until such time as these terms expire. This motion failed to carry by the following roll call vote: Ayes: Councilmen Rees, Rucker, Whittemore Noes: Councilmen Bleecker, Heisey, Stiern, Vetter Absent: None Roll Call Vote was then taken on Councilman Stiern's motion to re'appoint two members of the Planning Commission, which carried as follows: Ayes: Noes: Absent: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter Councilman Whittemore None Mayor Hart stated that there was a vacancy existing on the Planning Commission created by the resignation of C. Robert Frapwell. Councilman Rees asked if Mr. Frapwell had given any reason for resigning from the Commission. At the time of his nomination and appointment, the opposition was told that he would make an ideal public servant; and now, without any explanation, Mr. Frapwell has resigned from the Planning Commission. A brief recess was called to permit the City Clerk to obtain the letter of resignation from her files. Mr. Frapwell's letter was then read into the record as follows: "It is with regret that I find it necessary because of personal business reasons to resign from the Planning Commission as of this date (February 23, 1971)." Councilman Stiern commented that a vacancy does exist now and will exist after the 17th of April. He would like to 308 Bakersfield, California, March 29, 1971 - Page 5 nominate a man on matters of planning, zoning, hearings, etc., has quite an equity in his service and ability. an interest in future service to the City, and for that vacancy who has a wealth of information also, the City He has expressed in view of that, he would make a motion that Councilman Vetter be appointed as a member of the Planning Commission to become effective upon expira.- tion of his term as Councilman on April 26, 1971. Councilman Rees stated that under the present rules of order a second is not necessary, but he would like to second Councilman Stiern's motion. Councilman Rucker stated that he would like to nominate a young man who had been his opponent in the last Councilmanic election for the First Ward and is a member of the Negro race. He stated that he feels the time has come to integrate all City Commissions and Boards and include at least one member of a minority race. He then placed the name of Mr. Harold Tomlin in nomination for appointment to the Planning Commission. Councilman Whirremote asked if the nomination of Council- man Vetter was for the balance of the unexpired term and also for the four year term expiring April 17, 1975. Mayor Hart stated that the nomination was for Councilman Vetter to assume the office after the termination of his service as Councilman of the Fifth Ward on April 26, 1971. Councilman Stiern pointed out that a position on the Police Department Civil Service Commission remained vacant until such time as Mr. Richard Hosking's term on the Council expired, and he then assumed the office of member of the Police Department Civil Service Commission. It is with the same intent that he made the nomination of Councilman Vetter tonight. Councilman Whirremote stated that this is the second time in two years this Council has shown political patronage to Councilmen going off this Council by appointing them to a City Bakersfield, California, March 29, 1971 -Page Commission. He stated that it is fortunate the motion was not made to appoint Councilman Vetter to fill the unexpired term as he would have asked for his resignation £rom the Council tonight. Councilman Heisey moved that the nominations be closed and a roll call vote was taken on the appointment of Councilman Kenneth Vetter as a member of the Planning Commission for a four year term expiring April 17, of his Ayes: Noes: Absent: Councilmen Bleecker, Heisey, Rees, Councilmen Rucker, Whittemore None Abstaining: Councilman Vetter Councilman Heisey called attention to a vacancy existing on the Citizens Auditorium-Recreation Committee due to the resigna- tion of Mr. Michael Sceales, and nominated Mrs. Helen B. Rurup to fill this vacancy for term expiring January 3, 1977. Councilman Rees seconded the motion and Councilman Vetter moved to close the nominations. Roll call vote was taken on the appointment of Mrs. Rurup which carried as follows: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None 1975, to take office at the expiration term as Councilman on April 26, 1971, which carried as follows: Stiern Reports. Upon a motion by Councilman Vetter, seconded by Council-- man Heisey, the Council went on record as opposing SB 333 which provides for compulsory and binding arbitration of wages, hours and other conditions of employment for police and fire. Upon a motion by Councilman Vetter, the Council went on record as opposing AB 52 which would require a City to pay compen-. sation for property required to be dedicated as a condition to granting of a variance~ conditional use permit or a modification. 310 Bakers£ield, California, March 29, 1971 - Page ? Consent Calendar. The following items are listed on the Consent Calendar: (a) Allowance of Claims Nos. 3364 to 3411, inclusive, in amount of $10,042.68. (b) (c) Street Right of Way Deed from M & R Development Company for widening along the south side of White Lane from South "H" Street to approximately 700' easterly. Acceptance of Grant Deed from Santa Barbara Savings and Loan Association. (d) Construction Change Order No. 1 for Contract No. 85-70, Improvement of Lakeview Avenue between Brundage Lane and Southern Pacific Railroad Asphalto Branch. (e) Notice of Completion of the Traffic Signal and Highway Lighting System at Union Avenue and 42rid Street. Upon a motion by Councilman Bleecker, Items (a), (b), (c), (d) and (e) of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter~ Whittemore Noes: None Absent: None Adoption of Ordinance No. 1921 New Series of the Council of the City of Bakersfield repealing various chapters of the Municipal Code re- lating to Fire Prevention and adopting the Uniform Fire Code with its nationally recognized standards as hereinafter amended. Upon a motion by Councilman Vetter, seconded by Council-. man Bleecker, Ordinance No. 1921 New Series of the Council of the City of Bakersfield repealing various chapters of the Municipal Code relating to Fire Prevention and adopting the Uniform Fire Code with its nationally recognized standards as hereinafter amended, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None Bakersfield, California, March 29, 1971 - Page 8 Approval of Service Agreement with the Multiple Listing Division of the Bakersfield Realty Board. Upon a motion by Councilman Rees, Service Agreement with the Multiple Listing Division of the Bakersfield Realty Board was approved and the Mayor was authorized to execute the Agreement. Claim for Damages and Application to Present Claim under Section 911.4. of the Government Code in the matter of Gene Asbury referred to the City Attorney. Upon a motion by Councilman Rucker, Claim for Damages and Application to present Claim under Section 911.4 of the Govern- ment Code in the matter of Gene Asbury was referred to the City Attorney. Approval of Map of Tract No. 3419 and Mayor authorized to execute Contract and Specifications for improvements in said Tract. Upon a motion by Councilman Vetter, it is ordered that the Map of Tract No. 3419, be, and the same is hereby approved, that the streets, roads, courts, ways and alleys shown upon said Map and therein 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 Council of the City of Bakers- field hereby waives the requirement of signatures of the following: James Micheli, Amerigo Michelo, Gino Michelo Annie Grassotti and Lena Ginelli, as Owners of Mineral Rights below a depth of 500' with no right of surface entry. Kern County Land Company, owner of blanket canal rights no longer used. The Clerk of this Council is directed to endorse upon the face of said Map a copy of this order authenticated by the Seal of the City Council of the City of Bakersfield and the Mayor is authorized to execute the Contract and Specifications for Improvements in said Tract 3419. Bakersfield, California, March 29, 19?l - Page 9 Approval of Cooperative Agreement with County of Kern for Improvement of Ming Avenue between Stine Road and Real Road. Upon a motion by Councilman Vetter, Cooperative Agreement with the County of Kern for Improvement of Ming Avenue between Stine Road and Real Road was approved, and the Mayor was authorized to execute same. Approval of Construction Change Order No. 1 for Contract No. 14-71, Improve- ment of Ming Avenue between Wible Road and Hughes Lane. Upon a motion by Councilman Vetter, Construction Change Order No. 1 for Contract No. 14-71, Improvement of Ming Avenue between Wible Road and Hughes Lane in amount of $1630 was approved, and the Mayor was authorized to execute same. Approval of Request from Louis Mello to connect property at 2313 Sandpiper Road to City Sewer. Upon a motion by Councilman Whittemore, request from Louis Mello to connect property at 2313 Sandpiper Road to City Sewer was approved, subject to the following conditions: 1. Work to be constructed to City specifications. 2. Enter into a Suburban Sewer Rental Agreement. 3. Plans to be submitted for City's review and approval. Hearings. This is the time set for continued public hearing before the Council on Weed Abatement at 1331 4th Street. Numerous complaints have been received regarding the weeds on this property'. The lot was posted and a certified letter was mailed to the property owner on March 10, 1971. This hearing was continued at last meeting. Mayor Hart declared the hearing open for public partici- pation. No one speaking in favor of or in opposition, the public portion of the hearing was closed for Council deliberation and action. Councilman Stiern spoke in favor of the abatement of this nuisance and moved adoption of Resolution No. 31-71 finding the Weeds to be a public nuisance and directing the Superintendent BaLersfield, California, MarCh 29, 1971 - page of Streets to destroy the Weeds. This motion carried by the following roll call vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whittemore Noes: None Absent: None This is the time set for public hearing before on an application by Ame H. Marcil to amend the Zoning Boundaries from an R-3 (Limited Multiple Family Dwelling) Zone to a C-2 (Commercial) or more restrictive, Zone, of that certain property in the City of Bakersfield commonly known as S01 South "H" Street. This hearing has been duly advertised and posted and notices sent to property owners as required by law. No written protests have been filed in the City Clerk's office. The Planning Commission felt that C-2 zoning in this vicinity would be spot zoning. and not compatible with the neighbor- hood, as there is no other C-2 zoning in the area. The Commission was of the opinion that C-1-D zoning might be more appropriate since there is a limited amount of C-1 zoning in the area and the "D" Overlay would protect the adjacent residential developments. Mayor Hart declared the hearing open for public partici-- patton. No protests or objections were received. Mr. Richard Hunt, representing Mr. Ame H. Marcil, addressed the Council, stating that although C-2 zoning has been requested, Mr. Marcil would be willing to accept the recommended C-1-D zoning as long as it covers the use of an off-sale liquor store and take-out delicatessen business. Councilman Vetter asked the Planning Director to confirm the fact that this usage is acceptable in a C-1-D zoning, and Mr. Sceales stated that it would be. Mayor Hart closed the public hearing for Council deli- beration and action. Upon a motion by Councilman Vetter, Ordinance No. 1922 New Series amending Title Seventeen of the Municipal Code the Council 314 Bakersfield, California, March 29, 1971 - Page 11 by changing the Land Use Zoning of that certain property in the City of Bakersfield commonly known as 801 South "H" Street, was adopted by Ayes: Noes. Absent: the following vote: Councilmen Bleecker, Heisey, Rees, Vetter, Whittemore Council Rucker, Stiern, None None This is the time set for public hearing before the on an application by Thurmond McWhorter to amend the Zoning Boundaries from an R-S (Residential Suburban) Zone to an R-3-D (Limited Multiple Family Dwelling - Architectural Design) Zone of that certain property located on the southeast corner of Valhalla Drive and Belle Terrace. This hearing has been duly advertised and posted and notices sent to property owners as required by law. No written protests have been filed in the City Clerk's office. The Planning Commission was of the opinion that said zone change would be compatible with the existing zoning and development within the area and, accordingly, would recommend approval as submitted. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for'Council:deliberation and action. Upon a motion by Councilman Vetter, Ordinance No. 1923-New Series amending Title Seventeen of the Municipal Code changing the Land Use Zoning of that certain property located on the southeast corner of Valhalla Drive and Belle Terrace, was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey,.Rees, Rucker, Vetter, Whirremote Noes: None Absent: None Abstaining: Councilman Stiern Bakersfield, California, March 29, 1971 - Page 12 This is the time set for public hearing before the Council on application by Todd Madigan to amend the Zoning Boundaries from a C-1 (Limited Commercial) Zone and an (Single Family Dwelling) Zone, of that certain property commonly known as 2412 South Chester Avenue. This hearing has been duly advertised and posted and notices sent to the property owners as required by law. No written protests have been filed in the City Clerk's office. The Planning Commission recommended approval of the zone change as submitted with the application of the "D" (Architectural Design) Overlay to insure future development and to protect adjacent residenttally zoned properties. Mayor Hart declared the hearing open for public partici- pation. No protests or objections being received, the public hearing was closed for Council deliberation and action. Upon a motion by Councilman Whirremote, Ordinance No. 1924 New Series amending Title Seventeen of the Municipal Code by changing the Land Use Zoning of that certain property commonly known as 2412 South Chester Avenue was adopted by the following vote: Ayes: Councilmen Bleecker, Heisey, Rees, Rucker, Stiern, Vetter, Whirremote Noes: None Absent: None Adjournment. There being no further business to come before the Council, upon a motion by Councilman Bleecker, the meeting was adjourned at 9:15 P.M. ATTEST: ~ ~L~,~ and ~ Clerk of the Council of the City of Bakersfield, California