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