HomeMy WebLinkAbout01/12/1976 MINUTES CCBakersfield, California. January 12, 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 12, 1976.
The meeting was called to order by Mayor Hart followed
by-the Pledge of Al~[egiance and Invocation by Reverend Wallace
Hastings of the Bakersfield Counseling Group.
The City Clerk called the roll as follows:
Present:
Mayor Hart.
Absent: None
Councilmen Christensen, Medders, Rogers,
Sceales, Strong, Barton, Bleecker
Minutes of the regular meeting of January 5, 1976 were
approved as presented.
Presentation of Retirement Plaque.
Mayor Hart presented a retirement plaque to Ysidro
Aguirre of the Publ:ic Works Department, who completed 32 years of
service with the City of Bakersfiel~i, effective December 31, 1975.
Reports.
Councilman Rogers, :member of the Legislative Committee,
read Legislative Report No. 1-76 regarding the Proposed Consti-
tutional Amendment by Senator John Stull, as follows:
Attached is a copy of a Senate Constitutional
Amendment, together with the Legislative
Counsel's Digest. The two are self-explanatory.
For the protection of individual rights of
employees and freedom of choice, it is :recom-
mended that the City Council approve the
Constitution Amendment, and notify the author,
Senator John Stull, Senator Stiern and
Assemblyman Thomas.
Councilman Rogers, in reading from the Senate Conti-
tutional Amendment and Legislative Counsel's Digest, stated that
the California Constitution presently prohibits a person from being
disqualified :from entering or pursuing a business, profession,
vocation, or employment because of sex, race, creed, color, or
national or ethnic origin. This measure would additionally pro-
hibit a person :from being re¢[uired to join or to pay dues or fees
to any employee organization as a condition of employment by any
Bakersfield, California, January 12, 1976 - Page 2
governmental entity, including, but. not limited to, the state, any
city or county, any city and county, any school or school district,
or any special district which levies or collects any tax.
After discussion upon a motion by Councilman Rogers,
Legislative Report No. ]-76 regarding Proposed Constitutional
Amendment by Senator John Stull, was approved; and the Mayor was
requested to prepare necessary communications to Senator John Stull,
Senator Walter Stiern and Assemblyman Bill Thomas, expressing the
Council's approval of the Constitutional Amendment, by the following
ro].l call vote:
Ayes:
Councilmen Christensen, Medders, Rogers, Sceales, Strong,
Bleecker
Noes:
Councilman Barton
Absent: None
Councilman Barton clarified his negative vote by stating
that the language in this proposed Constitutional Amendment is too
broad and without definitions and guidelines.
Councilman Rogers, Chairman of the Water and City Growth
Committee, read Report No. 2--76 regarding Citizens Advisory
Committee for the Development. of a Proposed Sign Ordinance, as
follows:
At the direction of the City Council, this
Committee has met t:.o develop a strategy for the
appointment and operation of a Citizens Advisory
Committee for the Development of a Draft Sign
Ordinance.
It is this Committee's feeling that in order
to have an effective ordinance, representatives
from the following organizations should com-
prise the Advisory Committee: The Chamber of
Commerce, the Board of Realtors, local archi-
tects, the Downtown Business Association, and
the sign industry. Each of t:hese groups would
suggest a representative to make up the
committee. In addjtion, the Community Develop-
ment Department would provide advisory and
staff services.
The time schedule the Committee feels appropriate
is as fo] lows:
(a)
Two weeks for the City Counci] to appoint
the members of the Advisory Committee and
to have that Committee meet with the City's
Water and City Growth Committee.
Bakersfield, California, January 12, 1976 - Page 3
(b) Sixty days from that joint meeting to
present the Water and City Growth Committee
with a recommended sign ordinance.
(c) Two weeks from the presentation of the
draft ordinance to the Water and City
Growth Committee for presentation to the
Council.
It is the recommendation of this Committee that
this procedure be aldopted by the City Council.
Councilman ~edders suggested that 'the Advisory Committee
be expanded from 5 to 7 members to include the Sign Committee
Chairman of the Planning Commission and a representative of the
Junior League.
Councilman Rogers stated that as Chairman of the Water
and City Growth Committee he would agree to Councilman Medders'
suggestion but would like comments from the other members of that
Committee.
Councilman Barton stated that, in his opinion, the Council
has delegated their basic responsibility by appointing this Advisory
Committee but will agree to :it as set out in the report because it
is a good cross section of the community; however, he is opposed
to expanding to 7 members.
Councilman Sceales stated that he is in favor of imple-
menting Councilman Medders' suggestion of expanding the Advisory
Committee to 7 members.
After a lengthy discussion, Councilman Rogers made a
mot:ion that Report No. 2-76 of the Water and City Growth Committee
regarding Citizens Advisory Committee for the Development of a
Proposed Sign Ordinance, be accepted; and the procedures as out-
lined in the report plus expanding the Advisory Committee to 7
members to include the Sign Committee Chairman of the Planning
Conmission and a member of the Junior League, be approved.
Councilman Barton offered a substitute motion that the
Water and City Growth Committ:ee Report No. 2-76 regarding Citizens
Advisory Committee for the Development of a Proposed Sign Ordinance,
Bakersfield, California, January 12, 1976 - Page 4
be approved as originally submitted.
by the following roll call vote:
Ayes:
Noes:
Absent:
This motion failed to carry
Councilmen Christensen, Barton
Councilmen Medders, Rogers, Sceales, Strong, B]eecker
None
Councilman Barton requested that the record show that
the Water and City Growth Committee Report No. 2-76, as amended,
is not a report of the whole committee.
Councilman Rogers' motion that Report No. 2-76 of the
Water and City Growth Committee, as amended, regarding Citizens
Advisory Committee for the Development of a Proposed Sign Ordinance,
be accepted and the procedures as outlined in the report; plus
expanding the Advisory Committee to 7 members to include the Sign
Committee Chairman of the Planning Commission and a member of the
Junior League, be approved, carried by the following roll call vote:
Ayes: Councilmen Medders, Rogers, Sceales, Strong, B]eecker
Noes: Councilmen Christensen, Barton
Absent: None
Mayor Har~ welcomed a Cub Scout Troop and members of a
West and Highland High Schools government class.
Mr. Car] Elliott, Vice-President of the Bakersfield
Chapter of the American Institute of Architects, read the following
letter into the record:
January 12, 1976
Honorable Donald Hart
and Mr. Donald Rogers,
City Growth Committee Chairman
City of Bakersfield
~501Truxtun Avenue
Bakersfield, California 9330]
Gentlemen:
This letter is to inform you of our support in
your attempts to improve the visual aspects of
our City through enacting sign ordinance control
measures.
We are pleased to reaffirm our statement made
to the Planning Commission that we will offer
our professional expertise in concert with
other interested parties.
Bakersfield, California, January 12, 1976 - Page 5
We look forward to working with other appointed
members of the Committee on this very important
issue.
Very truly yours,
W. Francis Parsons, AIA
President, Bakersfield
Section AIA
Presentation of Retirement Plaque.
Mayor Hart presented a retirement plaque to Ben Fleming
of the Public Works Department, who completed 34 years of service
with the City of Bakersfield, effective December 31, 1975.
Reports (Continued).
City Manager Bergen read a memorandum regarding Con-
sulting Engineers, Northwest Area Drainage System, as follows:
In the 1975-76 Capital Improvement Budget, the
City Council approved the Northwest Area Drain-
age System Project. Because of the size of
the project and the desire of the Public Works
Department to do specified contract engineering
work in lieu of hiring additional personnel,
this project has been selected as the :first.
to make use of that concept. We are now at
the point to begin the necessary engineering
and design work on this project.
In mid-December, I informed the Council that
it was the intention of the staff to set up a
review committee consisting of representatives
of the City Manager's Office, the Finance
Department and the Public Works Department to
review engineering proposals and recommend an
engineering firm to the City Council for their
consideration·
Five proposals were submitted to the City from
Braun-Pasillas-Wagner; Boyle Engineering
Corporation; Lusich and Smith; Rickett, Ward
and Delmarter; and Mason, Vancurren and Wachob.
It is the recommendation of the review committee
that Mason, Vancurren and Wachob should be
selected :for the following reasons:
They were the engineers on the Northeast
Bakersfield Drainage Project now under
construction by the County of Kern, and
all indications are that it has been a
well-designed and well-engineered project.
This firm has not had the past opportunity
to do contracting work with the City as
some of the others, and it is in keeping
with our policy to use as many different
qualified contractors as may be locally
available.
Bakersfield, California~ January 12, 1976 - Page 6
It is, therefore, my recommendation that the
City Council approve the retention of Mason,
Vancurren and Wachob as consulting engineers
on the Northwest Bakersf~eld Drainage System.
City Manager Bergen, in answer to questions of the
Council, explained the process of employing engineers for specified
projects and why these projects are not put out. to bid.
After a lengthy discussion, upon a motion by Councilman
Rogers, memorandum from City Manager Bergen regarding Consulting
Engineers for the Northwest Area Drainage System, was accepted and
the recommendation that Mason, Vancurren and Wachob be retained as
Consulting Engineering on this project, was approved, by the
following roll call vote:
Ayes: Councilmen Christensen, Medders, Rogers, Sceales, Bleecker
Noes: Councilmen Strong, Barton
Absent: None
Councilman Bleecker moved that the Council authorize the
Governmental Efficiency and ~ersonnel Committee to study and report
to the Council the plausibility and desirability of putting pro-
fessional engineering work up for bid. This motion carried by
the following roll call vote:
Ayes: Councilmen Christensen, Rogers, Strong, Barton, Bleecker
Noes: Councilmen Medders, Sceales
Absent: None
City Manager Bergen summarized a memorandum directed to
the Planning Commission, dated January 7, 1976, regarding Site
Approval of Regional Occupational Center of Kern, which recommended,
based upon advice of the City Attorney, that the Planning Commission
rescind their action of December ]7, 1975, and direct the staff to
make such studies as may be appropriate to conform with the
applicable sections of the Education Code and notify the Regional
Occupational Center of Kern of their action.
City Manager Bergen reported that the Planning Commission,
at their meeting of January 7, 1976, followed that recommendation
and rescinded their action of December 17, 1975.
Bakersfield, California, January 12, 1976 - Page 7
City Attorney Hoag]and ~eported on the legality of the
Regional Occupational Center of Kern (ROCK) Trustees' action in
selecting a site for that school. Mr. Hoagland stated that an
E.I.R. should be required and it is incumbent on the Bakersfield
Planning Commission, with the aid e~f the staff, to also make a
report on this proposed site in regards to how it would affect
such things as drainage, soil, etc. The Education Code requires
that the School Board prepare a st~dy on al~ these factors, and
whether they prepared that study or not, we do not know. The
staff will probably request a copy of that study in order to
furnish the P~anning Commission w~th input into the factors involved
in any site they wish to havE!! insj. de the City.
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims ~Nos. 2611 to 2695,
inclusive, in the amount of $50,045.07.
(b) Claim for Damages from L. E. Schoolcraft,
1412 Dodge Avenue, Bakersfield. (Refer to
City Attorney)
(c) Street Right-of-Way Deed from Raymond W.
and Dorothy Holt providing for widening
of a portion of Wilson Road between Wible
Road and Hughes Lane.
(d) Notice of Completion and Acceptance of
Work on construction of Sanitary Sewer
along 58 Freeway between Houchin Road
and Oleander Avenue - Contract No. 75-127
wi~h George Cundiff Associates.
(e) Request from Moreland Engineering, Inc.,
for annexation of properties adjoining
Tentative Tract No. 3795. (Refer to
Planning Commission for study and
recommendation)
Upon a motion by Councilman Christensen, Items (a), (b),
(c), (d) and (e) of'the Consent Ca].endar, were adopted by the
following roll call vote:
Ayes:
Noes:
Absent:
Councilmen Christensen, Medders, Rogers, Sceales, Strong,
Barton, B]eecker
None
None
Bakersfield, California, January 12, 1976 - Page 8
Action on Bids.
Upon a motion by Councilman Sceales, low bid of Haberfelde
Ford for i Sedan for the Police Department and 2 Sedans for the Fire
Department, was accepted and the other bid rejected.
New Business.
Disapproval of Interim Urgency Zoning
Ordinance of the Council of the City
of Bakersfield applying Interim Regu-
lations to C-O, Commercial and
Industrial Zones, pending the adopt-
ion of new regulations and a study
by the City of Bakersfield.
At the Council Meeting of January 5, 1976, the City
Council approved a Minute Order that a blanket "D" Architectural
Design Overlay be applied to all industrial and commercially zoned
properties in the City. This Emergency Ordinance accomplishes the
intent of that Minute Order.
Mr. Tom Tutton, Attorney representing Cleveland Outdoor
Advertising, questioned the need ~or the Interim Urgency Zoning
Ordinance.
City Attorney Hoagland stated that last week, by Minute
Order, the Council attempted to lay a "D" Overlay on all the
commercial area and he would question the validity of that act as
it did not amend an ordinance. Mr. Hoagland cited Section 56858
of the Government Code and explained the legality of the proposed
Interim Urgency Zoning Ordinance.
Councilman Barton stated that the City has existed for
a number of years under the present sign and zoning ordinances and
he would move that the proposed Interim Urgency Zoning Ordinance
applying Interim Regulations to C-O, Commercial and Industrial,
Zones, be tabled until such time as a report from the Water and
City Growth Committee is presented to the Coancil.
Councilman Medders questioned tabling an ordinance until
a certain time.
Councilman Barton requested a ruling from the Chair as
to tabling an item to a time definite.
Bakersfield, Californian. January 12, 1976 - Page 9
Mayor Hart stated that ~t motion to lay on the table
stops all debate and called for the vote on Councilman Barton's
motion to table the Interim Urgency Zoning Ordinance until such
time as a report from the Water and City Growth Committee is
presented to 'the Council. This motion carried by the following
roll call vote:
Ayes: Councilmen Christensen, Medders, Sceales, Strong, Barton
Noes: Councilman Bleecker
Absent: None
Abstaining: Councilman Rogers
Councilman Bleecker clarified his negative vote by stating
that the most important reason for having an Interim Ordinance
re].ative to signs is that it would have protected those people who
purchase a sign in the next 90 days that may not comply with the
new Sign Ordinance.
Councilman Bleecker moved that the Interim Urgency Zoning
Ordinance applying Interim Regu].ations to C-O, Commercial and
Industrial, Zones, be taken off the table.
Councilman Barton questioned taking an ordinance off the
table that has been tabled to a time definite.
Mayor Hart stated that a tabled item for a time definite
or otherwise can be taken up at anytime at the request of any
member of this body.
Councilman Barton made a motion to override the ruling
of the Chair that a motion to table to a time definite can be
taken off the table prior to that time. This motion failed to
carry by the following roll call vote:
Ayes: Councilman Barton
Noes: Councilmen Medders, Rogers, Sceales, Strong, Bleecker
Absent: None
Abstaining: Councilman Christensen
Councilman Bleecker's motion that the Interim Urgency
Zoning Ordinance applying Interim Regulations to C-O, Commercial
Bakersfield, California, January 12, 1976 - Page l0
and Industrial, Zones, be taken off the table, carried by the
following roll call vote:
Ayes: Councilmen Rogers, Seeales, Bleecker
Noes: Councilmen Christensen, Strong, Barton
Absent: None
Abstaining: Councilman Medders
Pursuant 'to Section 14 of the City Charter, which states
that in case of a tie vote by the Council the Mayor shall cast the
deciding vote, Mayor Hart voted in the affirmative.
Mayor Hart stated that the Interim Urgency Zoning Ordinance
is now off the table and open for discussion.
Mr. Wayne McNamee, Secretary-Treasurer of Center Neon
Company, Inc., questioned the need for the Interim Urgency Zoning
Ordinance and expressed the need for a Sign Ordinance in the City
that the sign industry and c~tizens can live with.
After a lengthy discussion, Councilman Strong made a
motion not to adopt Interim Urgency Zoning Ordinance of the Council
of the City of Bakersfield applying Interim Regulations ~o C-O,
Commercial and Industrial Zones, pending the adoption of new
regulations and a study by the City Council. This motion carried
by the following roll call w~te:
Ayes: Councilmen Christensen, Medders, Sceales, Strong, Barton
Noes: Councilmen Rogers, B]eecker
Absent: None
Mr. Leon Thomas submitted a petition signed by 51 persons,
who reside and do business in the City of Bakersfield, requesting
that the Council not enact the more restrictive Sign Ordinance until
the Citizens Advisory Committee has had time to review the new Sign
Ordinance.
Approval of Minute Order setting
February 2, 1976 as the date for
hearing an Appeal by Paula E.
Crandell to decision of the Board
of Zoning Adjustment.
Bakersfield, California, January 12, 1976 -Page 11
On December 23, 1975, the Board of Zoning Adjustment
approved the application for a Conditional Use Permit: in an R-1
(One Family Dwelling) Zone tc~ permit the operation and maintenance
of a Day Care Nursery for six children at 2300 Christopher Court,
contingent on the applicant converting the existing enclosed
garage to two off-street parking spaces.
On January 7, ]976, Mrs. Crandell filed an appeal in the
City Clerk's Office and in accordance with Section 17.60.110 (A)
of the Municipal Code, the City Council shall set date for hearing
of appeals to the decision of the Board of Zoning Adjustment.
Upon a motion by Councilman Sceales, Minute Order setting
February 2, 1976 as the date for hearing an Appeal by Paula E.
Crandell to decision of the Board of Zoning Adjustment, was approved.
Hearings.
This is the time set £or hearing before the Council on
an Appeal by Benjamin P. Raygoza regarding the City Manager's
denial for a Permit to operate a mo~el (Fryers Motel) at
Truxtun Avenue.
City Attorney Hoag]and stated that the procedures for
granting or denying a permit to operate a motel are set out in
the Municipal Code and the City Manager denied this permit as the
result of an investigation conducted by the Police Department.
The City Council and Mr. Raygoza's attorney have been given a copy
of that report.
Mr. Roger D. Randall, Attorney representing Mr. Raygoza,
stated that there are four grounds on which the City Manager may
deny a permit and Mr. Raygoza's was clearly denied on the grounds
that he is not a person of good moral character and had been
convicted of a crime involving moral turpitude.
Mr. Randall outlined Mr. Raygoza's criminal record and
presented the Council with copies of letters which terminated his
probation in the County for the last offense.
Bakersfield, California, January 12, 1976 - Page 12
Mr. Randall requested that the City Council overturn
the City Manager's decision to deny the permit, on the grounds
that the past several years Mr. Raygoza has demonstrated that he
has been rehabilitated and the City has every safeguard needed in
Section 7.48.030 of the Municipal Code to revoke that permit if it
is necessary.
The Council and Mr. Randall engaged in a lengthy discussion
regarding Mr. Raygoza's criminal record.
Mr. Benjamin Raygoza was sworn in by the City Clerk.
Mr. Raygoza stated that when he came to the United
States he saved all his money and invested in this property and
when the application was refused for a City Business License he
felt bad.
Mr. Randall requested that Mr. Raygoza explain the
charge, in Kern County, of Battery which was later reduced to
Disturbing the Peace.
Mr. Raygoza stated he did not want to say anything about
his wife in front of his son.
Mr. Randall asked Mr. Raygoza if this altercation involved
his wife having medical treatment or being hospitalized or anything
of that sort.
Mr. Raygoza stated no.
Councilman Bleecker stated one of the reports indicates
that Mr. Raygoza paid $65,000.00 for the motel and $]5,000.00 was
made as a down payment on the property, and asked Mr. Raygoza if
he is the principal owner of that property.
Mr. Raygoza replied yes.
Councilman Bleecker asked if he is the only owner.
Mr. Raygoza replied that he is the only owner.
Councilman Bleecker asked who he borrowed the $65,000.00
from.
Mr. Raygoza replied that he worked and saved the money.
Bakersfield, California, January 12, 1976 -Page 13
Mr. Randall stated, so there is no confusion, it is his
understanding that a $15,000.00 down payment has been made and the
balance of $50,000.00 is what is due and owing on the motel. Mr.
Raygoza is paying the balance off in monthly payments and has
given a Deed of Trust for the addil, ional money.
Councilma.. Bleecker asked Mr.. Raygoza if he knew he was
violating the law when he first entered this Country illegally.
Mr. Raygoza replied yes sir.
Councilman Bleecker asked Mr. Raygoza if it was his
contention that everytime he committed a lewd act it was done when
he was intoxicated.
Mr. Raygoza replied yes sir.
Councilman Bleecker asked if he did this when he was not
intoxicated.
Mr. Raygoza replied "never do nothing."
Councilman Bleecker asked if there were any other
instances of lewd acts where he wasn't arrested.
Mr. Raygoza replied no.
Councilman Bleecker asked if there had only been six
times in his whole life where he pretended to be a homosexual.
Mr. Raygoza replied yes sir.
Mr. Randall stated that he was a prosecuting attorney
for a number of years and prosecuted numerous people for sex
offenses and found that people who have had homosexual activity
during the time they were intoxicat~ed were otherwise heterosexual.
Mr. Raygoza was married for many years and has six children and
is obviously not a practicing homosexual. This is not in any way
saying that he didn't do the acts t;hat were alleged.
Councilman Rogers stated that after hearing the state-
ments tonight that he is not prepared to make a decision and would
move that this appeal by Benjamin P. Raygoza regarding the City
Manager's denial for a Permit to operate a motel at ll0 Truxtun
Avenue be held over one week,
Bakersfield, California, January 12, 1976 -Page 14
Councilman Strong suggested that the Council's decision
on this matter be made through Mr. Raygoza's attorney so that he
would not have to return next week..
Councilman Rogers stated that he would be happy to
incorporate that in his motion.
Councilman Bleecker stated that the Council. did not ask
Mr. Raygoza to appear tonight. Mr. Raygoza appeared on his own
and he knew that his conduct was going to be questioned because
that is the main issue before this body.
Councilman Rogers' motion that the Appeal by Benjamin P.
Raygoza regarding the City Manager's denial for a permit to operate
a motel at ll0 Truxtun Avenue be held over for one week and that
the decision on this matter be made through his attorney, was
approved.
Adjournment.
There being no further business to come before the
Council upon a motion by Councilmar~ Christensen, the meeting was
adjourned at 11:25 P. M.
M~ity o~field, Calif.
ATTEST:
of the City of B~ersfield, California
ma
Council