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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