HomeMy WebLinkAbout01/05/1976 MINUTES CCBakersfield, California, January 5, 1976
Minutes of a regular meeting of 'the Council of the City
of Bakersfield, California, held in the Council Chambers of City
Hall. at 8:00 P. M., January 5, 1976.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Councilman Donald A.
Rogers.
Present:
The City Clerk called the roll as ;follows:
Mayor Hart.
Absent: None
Councilmen B]eecker, Christensen, Medders,
Rogers, Sceales, Strong, Barton
Minutes of the regular meeting of December 22, 1975 were
approved as presented.
Correspondence.
Upon a motion by Councilman Scea]es, communication from
the Kern County Board of Supervisors, dated December 31, ]975,
regarding proposed contracts under the provisions of the California
Land Conservation Act of 1965, also known as the Williamson Act
(Sections 51200-5]295 Government; Code), was :received and referred
to the staff.
Upon a mo'tion by Councilman Medders, communication from
Mr. Buddy Graham, 3531 Palm Street, dated December 28, 1975, re-
garding the traffic problem on Real Road and Palm Street, was
received and referred to the Public Works Department and Police
Department.
Mrs. Jill Haddad, Chairman of the Planning Commission
read the following letter into the record:
January 2, 1975
Honorable Mayor and City Council
City Hall
1501Truxtun Avenue
Bakersfield, California 93301
Honorable Gentlemen:
The Planning Commission at their regular meeting
of December 17, 1975 held a public hearing on
the draft of the proposed Sign Ordinance.
Bakersfield, California, January 5, 1976 - Page 2
After testimony from the public and considerable
discussion, the commission voted four to three
to forward the draft to your body without a
recommendation to approve the ordinance.
The majority of the commission recommended that
the Council appoint a Citizen's Committee made
up of members from the commission, business
people, architects, and other interested groups
to develop a final sign ordinance. The majority
of commission members also recommended a
blanket "D" Architectural Design Overlay be
applied to all industrial and commercially-
zoned properties within the city during the
time a final sign ordinance is being developed
and adopted.
Very truly yours
BAKERSFIELD PLANNING COMMISSION
Jill Haddad, Chairman
Councilman Barton and Mayor Hart requested that Mrs.
Haddad express their appreciation to the Planning Commission for
the many hours they have devoted to the Sign Ordinance.
After discussion, upon a motion by Councilman Bleecker,
the Water and City Growth Committee was instructed to advise the
Council, as soon as possible, regarding a Citizens Advisory Com-
mittee to develop a draft Sign Ordinance, by the following roll
call vote:
Ayes: Councilmen Bleecker, Medders, Rogers, Sceales, Strong,
Barton
Noes: Councilman Christensen
Absent: None
Mr. Jim Antt, Jr., President of the Bakersfield Board of
Realtors, read a letter from that organization, dated January 5,
1976, urging the Council to adopt the Sign Ordinance as submitted
by the Planning Commission.
During discussion, Councilman Bleecker moved that a
blanket "D" Architectural Design Overlay be applied to all industrial
and commercially-zoned properties within the City during the time
a final Sign Ordinance is being developed and adopted. This motion
Bakersfield, California, January 5, 1976 - Page 3
carried by the following roll call vote:
Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales,
Strong, Barton
Noes: None
Absent: None
Mr. Leon Thomas stated that he has approximately $25,000
worth of signs in the City that are going to have to be torn down
if the Council adopts the "D" Overlay and requested that the Council
not adopt a Sign Ordinance that is more restrictive than the one
in effect at the present time.
Councilman Strong requested that the following letter
from Congressman William M. Ketchum be read into the record:
December 18, 1975
The Honorable Donald M. Hart
City Hall
1501Truxtun Avenue
Bakersfield, California
Dear Don:
As you are aware, the General Revenue Sharing
Program as administered under the State and
Local Fiscal Assistance Act of ]972 is due to
expire next year. The Subcommittee on Inter-
governmental Relations and Human Resources of
the House Government Operations Committee has
just completed its oversight hearings into the
use and effectiveness of this fund, with final
mark-up of legislation to continue the revenue
sharing funding expected to take place in
January.
First, let me assure you that I fully support
continuation of General Revenue Sharing. It
provides the opportunity for local governments
to allocate Federal funds to the most deserving
programs, without the intervention of Washington
officials who are out of touch with the needs
and priorities of individual cities and counties.
Many of you have already provided me with your
general resolutions calling for the extension
of General Revenue Sharing. At this point,
however, I need more specific information.
During the upcoming debate on this issue, I
would like to have on hand a detailed list of
what General Revenue Sharing has done for the
l~th District. If you would provide me with
an outline of the uses to which your juris-
diction has committed these funds, it would be
of invaluable assistance in convincing my
colleagues of the commendable nature of the
Bakersfield, California, January 5, 1976
- Page 4
General Revenue Sharing Program. Moreover, if
you have suggestions as to how to make the
program function more effectively, please let
me know. We want to insure that the bugs are
ironed out while this extension legislation is
still in the drafting stages.
Let me thank you for the information many of
you have already provided me regarding your
hearty support of General Revenue Sharing.
would urge you to take advantage of this
opportunity to offer input in these initial
stages of the legislative process. The details
of your own experiences with and benefits from
General Revenue Sharing will be most helpful;
I look forward to receiving your comments.
Sincerely,
WILLIAM M. KETCHUM
Member of Congress
Upon a motion by Councilman Strong the staff was requested
to respond to
Sharing Funds
the Council.
the letter from Congressman Ketchum regarding Revenue
and provide copies of this response to each member of
Council Statements.
Councilman Medders nominated Mrs. Mary Prewett, 2931 Park
Way, to fill the vacancy on the Planning Commission.
Councilman Strong stated that he hoped the Council would
delay voting on this nomination until each Councilman has had the
opportunity to study the quali£ications of the nominee as this
particular appointment is extremely important and requires technical
knowledge.
Upon a motion by Councilman Medders, Mrs. Mary Prewett,
2931 Park Way, was appointed to fill the vacancy on the Planning
Commission, created by the resignation of Dean A. Gay, term expiring
April 17, 1978. Councilman Christensen voted in the negative on
this motion. Councilman Strong abstained from voting on this
motion.
Councilman Sceales stated that he was informed by City
Attorney Hoagland that after January l, 1976 that any commission
or board appointments by the Council must be made in public and
executive sessions can no longer be held for this purpose.
Bakersfield, California, January 5, 1976 - Page 5
City Attorney Hoagland stated that he would provide each
Councilman and the Mayor with a copy of the revised law which
became effective January 1, 1976.
Upon a motion by Councilman Bleecker, the Legislative
Committee was requested to study the proposed Constitutional
Amendment that will be introduced in January, 1976, that Senator
John Stull referred to in his letter of December 22, 1975, and
make a recommendation to the Council at next week's Council
Meeting.
Reports.
Councilman Rogers, Chairman of the Water and City Growth
read Report No. 1-76 regarding Southeast Bakersfield
Committee,
Treatment Plant Expansion.
Upon a motion by Councilman Rogers, Report No. 1-76 of
the Water and City Growth Committee regarding Southeast Bakersfield
Treatment Plant Expansion, was accepted; the staff and Metcalf and
Eddy, Consulting Engineers, were authorized to seek out alter-
native wastewater discharge methods; and Change Order No. 1 to
Agreement No. 75-2 with Metcalf and Eddy for engineering services
was approved and the Mayor was authorized to execute same.
Consent Calendar.
The following items were listed on the Consent Calendar
(a) Allowance of Claims Nos. 2479 to 2610,
inclusive, in the amount of $346,568.04.
(b) Claim for Damages from Dean Leland Lanier,
1408 - 18th Street, Bakersfield. (Refer
to City Attorney)
(c) Application for Encroachment Permit from
Carlene A. Phillips, 1115 "H" Street.
(d) Application for Encroachment Permit from
Robert L. Boyle, 1831 Buena Vista,
Bakersfield, California.
(e) Transfer of Funds for purchase of Police
Motorcycle Helmets from the Council
Contingency Account No. ll-510-6100 to
Police Department Account No. 11.620-8300
in the amount of $1,000.00.
Bakersfield, California, January 5, 1976 - Page 6
Upon a motion by Councilman Christensen,
(c), (d) and (e) of the Consent Calendar,
following roll call vote:
Ayes Councilmen Bleecker, Christensen,
Strong, Barton
Noes
Absent:
None
None
Upon a motion
Items (a), (b),
were adopted by the
Medders, Rogers, Sceales,
for new Police Building Data-Screen Terminals, were rejected.
Councilman Bleecker questioned the staff regarding the
Planning Commission's approval, at their meeting of December 17,
1975, of the proposed site for the Regional Occupational Center of
Kern (ROCK) Iocated on the north side of Truxtun Avenue and on the
west side of Oak Street, south oI Beach Park. Councilman Bleecker
stated that he is very concerned about the traffic problems that
this center could create in that area.
City Attorney Hoagland stated that he would investigate
this matter and report back to the Council next week.
Councilman Bleecker also asked what authority the Council
may have, if any, in this matter; plus a report, as unbiased as
possible, from the City Manager's staff, as to whether or not on a
decision as important as this if the Planning Commission took
sufficient time for investigation in order to come up with a proper
recommendation to the Council.
Mayor Hart questioned the fact that the Council did not
receive the Planning Commission Meeting minutes of December 17, 1975,
until just prior to the Council Meeting.
Councilman Bleecker stated that he requested that the
Planning Commission Meeting minutes of December 17, 1975 be made
available tonight for the Council's perusal.
Action on Bids.
by Councilman Medders, four bids received
Bakersfield, California, January 5, 1976 - Page 7
Deferred Business.
Adoption of Ordinance No. 2255 New
Series of the Council of the City of
Bakersfield amending Section 2.08.020
of the Municipal Code concerning
Parliamentary Law.
Upon a motion by Councilman Christensen, Ordinance No.
2255 New Series of the Council of the City of Bakersfield amending
Section 2.08.020 of the Municipal Code concerning Parliamentary
Law, was adopted by the following roll call vote:
Ayes: Councilmen Bleecker, Christensen, Medders, Rogers, Sceales,
Strong, Barton
Noes: None
Absent: None
information
Attorney.
New Business.
Appeal from Benjamin P. Raygoza re-
garding City Manager's denial for a
Permit to operate a motel.
Upon a motion by Councilman Bleecker, January 12, 1976,
at 8:00 P.M., in the Council Chambers of City Hall, was the time
set for hearing an appeal from Benjamin P. Raygoza regarding the
City Manager's denial for a Permit to operate the Fryers Motel,
ll0 Truxtun Avenue and request by Mr. Raygoza's attorneys for
from the Police Department was referred to the City
Adoption of Emergency Ordinance No.
2256 New Series of the Council of the
City of Bakersfield amending Sections
4.06.040, 4.06.060, 4.06.100, 4.10.080,
4.10.110, 4.16.030 and 4.16.110 of
Title 4 of the Municipal Code, con-
cerning Order of Names on Ballots,
Filing Fees for Candidates for Office
and Residency Requirements for
Candidates for Office.
This Emergency Ordinance is necessary to conform to
requirements of the California Supreme Court in order to be
effective for the nominating process preceding the June 8, 1976
election.
Upon a motion by Councilman Sceales, Emergency Ordinance
No. 2256 New Series of the Council of the City of Bakersfield
Bakersfield, California, January 5, 1976 - Page 8
amending Sections 4.06.040, 4.06.060, 4.06.100, 4.10.080, 4.10.110,
4.16.030 and 4.16.110 of Title 4 of the Municipal Code, concerning
Order of Names on Ballots, Filing Fees for Candidates for Office
and Residency Requiremenfs for Candidates for Office, was adopted
by the following roll call vote:
Ayes Councilmen Bleecker, Christensen, Medders, Rogers, Sceales,
Noes
Absent:
Strong,
None
None
Barton
Hearings.
This is the time set for hearing before the Council on
an appeal by Judy Wells regarding the City Manager's denial for
renewal of a "Cardroom Work Permit."
Mayor Hart stated that the City received a letter from
Ms. Well's attorney, Roger D. Randall, dated January 5, 1976, re-
questing a continuance of at least two weeks on this hearing so he
would have ample opportunity to become familiar with the facts of
the case and review many pertinent reports which led to the denial
of the Cardroom Work Permit.
City Attorney Hoagland stated that he was unable to
contact Mr. Randall today, as he was out of town on business, to
notify him that he was going to recommend the hearing be continued
for an indeterminate time due to legal proceedings.
Upon a motion by Councilman Medders, hearing on appeal
by Judy Wells regarding the City Manager's denial for renewal of a
"Cardroom Work Permit," was continued for indeterminate time.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Christensen the meeting was
M .rsfield, Calif.
ATTEST: /
CITY CLERK and Ex-,Oflficio Clerk of the Council
of the City of Bak~,~sfield, California
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