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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 ma