HomeMy WebLinkAbout04/05/1976 MINUTES CCBakersfield, California, April 5, 1976
Minutes of a regular meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 8:00 P. M., April 5, 1976.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Reverend Robert
Sanford of the Wesley United Methodist Church.
The City Clerk called the roll as follows:
Present: Mayor Hart. Councilmen Barton, Bleecker, Christensen,
Medders, Rogers, Sceales, Strong
None
Minutes of
Absent:
the City
of City
the regular meeting of March 29, 1976 were
approved as presented.
Scheduled Public Statements.
Mrs. Anne Monroe, 236 North Stine Road, addressed the
Council regarding spending the taxpayers money and cited several
instances where she felt the City could save money.
Correspondence.
Communications were received from Mr. Jay Alvin Wheelan,
4218 Park Circle Drive, and Mrs. James K. Delmarter, 4420 Park
Circle Drive, requesting that the speed limit be reduced and
school crossings marked along Stine Road between Ming Avenue and
Belle Terrace.
Director of Public Works Bidwell reported that the
Traffic Engineer has reviewed the situation and responded to both
letters and the recommendation is against lowering the speed limit
on Stine Road, but pedestrian crosswalks and signs will be installed
at the requested locations.
Councilman Sceales requested that action on the communi-
cations from Mr. Wheelan and Mrs. Delmarter,regarding the speed
limit and marking school crossings along Stine Road between Ming
Avenue and Belle Terrace, be held over for one week.
Bakersfield, California, April 5, 1976 - Page 2
Council Statements.
Upon a motion by Councilman Rogers, the Special Advisory
Committee to the Council on the Sign Ordinance was granted a two
week extension of time, until April 13, 1976, in which fo complete
their review of the Sign Ordinance and a copy will be furnished to
each Councilman by April 29, 1976 for their perusal.
Reports.
Councilman Bleecker, Chairman of the Governmental
Efficiency and Personnel Committee, read Report No. 7-76 regarding
Employer-Employee Relations Supplemental Rules and Regulations
Change, as follows:
In accordance with the City's Employer-Employee
Relations Ordinance Supplemental Rules and
Regulations, the Teamsters Union, Local 911,
submitted a petition for decertification
alleging that the Service Employees Inter-
national Union no longer represents the
majority of employees in the City's blue collar
unit.
The Governmental Efficiency and Personnel
Committee has reviewed their petition and we
have confirmed it to be correct. We are,
therefore, arranging for a secret ballot
election between the Teamsters and the Service
Employees International Union to be held in
the near future.
In order to avoid a problem which existed in
the last election, we are recommending Council
approval of the following change in the
Supplemental Rules and Regulations regarding
representation proceedings:
"When an employee organization submits
proof that it represents at least 30
percent of the employees in an estab-
lished unit and it does not qualify
for or has not been granted recogni-
tion pursuant to subsection 3 above,
the City's designated representative
shall arrange for a secret ballot
election to be conducted by the
California State Conciliation Service
unless otherwise mutually agreed
upon."
Assistant City Manager Russell explained how union
elections are conducted.
Upon a motion by Councilman Bleecker, Report No. 7-76
of the Governmental Efficiency and Personnel Committee regarding
Bakersfield, California, April 5, 1976 - Page 3
Employer-Employee Relations Supplemental Rules and Regulations
Change, was accepted and the change in the Supplemental Rules and
Regulations regarding representation proceedings, was approved.
City Manager Bergen read a report regarding Refuse Rate
Increase Requested by Kern Refuse Disposal and Varner Bros., as
follows:
On November 10, 1975, the City Council referred
a letter from Kern Refuse Disposal and Varner
Bros. requesting a 10 percent rate increase to
the staff for study and recommendation.
As the attached memorandum from the Public
Works Director indicates, the request has been
reviewed, and based on the rise in labor and
material costs and general inflationary factors,
the increase is felt to be justified. The
City Manager concurs with this view and recom-
mends that the City Council grant the 10 per-
cent refuse rate increase to Kern Refuse
Disposal and Varner Bros. effective July 1,
1976. The rate increase will necessitate an
increase of $31,800 in the City's 1976-77
refuse budget.
Councilman Strong requested that the staff submit a
report comparing the cost for private contractors picking up
refuse versus City crews covering the same routes.
Councilman Rogers requested that the staff report include
the possibility of placing more City areas out to private contractors
for refuse pickup.
City Attorney Hoagland stated that under State law the
City must retain the private refuse collector in recently annexed
areas for a period of three years after the annexation is effective.
Councilman Barton requested that the report also include
the information that sets down the criteria for annexed areas and
how the refuse charges were computed.
Upon a motion by Councilman Strong, action on the
requested 10% rate increase, effective July 1, 1976, for Kern
Refuse Disposal and Varner Bros. for refuse collection services,
was deferred for one week or until the staff provides a more
comprehensive report to the Council. Councilman Bleecker voted
in the negative on this motion.
Bakers£ield, California, April 5, 1976 - Page 4
Consent Calendar.
The following items were listed on the Consent Calendar:
(a) Allowance of Claims Nos. 3732 to 3805,
inclusive, in the amount of $69,565.87.
(b) Claim for Personal Injuries from Betty
Dallaire. (Refer to City Attorney)
(c)
Notice of Completion and Acceptance of
Work on construction of Sanitary Sewer
in Harris Road between Stine Road and
Wible Road - Contract No. 75-128 with
John T. Malloy.
(d)
Notice of Completion and Acceptance of
Work on Street and Sewer Improvements
under Tract No. 3749 - Contract No.
75-107 with Tenneco Realty Development
Corporation.
(e)
Notice of Completion and Acceptance of
Work on Street Improvements under Tract
No. 3767 - Contract No. 75-123 with
Tenneco Realty Development Corporation.
(f)
Map of Tract No. 3803 and Improvement
Agreement for construction of improve-
ments therein - located at the northwest
corner of South Real Road and Planz Road.
(g)
Request from Moreland & Sons Construction
for annexation of property located near
the northwest corner of the intersection
of Edwards Avenue and Sandy Lane. (Refer
to Planning Commission for study and
recommendation)
Upon a motion by Councilman Christensen, Items (a), (b),
(c), (d), (e), (£) and (g) of the Consent Calendar, were adopted
by the following roll call vote:
Ayes:
Councilmen Barton, Bleecker, Christensen, Medders, Rogers,
Sceales, Strong
Noes: None
Absent: None
Action on Bids.
Upon a motion by Councilman Medders, low bid of Design
and Engineering Company for Machine Work - Turn and Thread 500
Fire Hydrant Castings, was accepted, all other bids rejected and
the Mayor was authorized to execute the contract.
Upon a motion by Councilman Medders, low bid of General
Office Machine Company for Police Department Word Processing
492
Bakersfield, California, April 5, 1976 - Page 5
Dictation System, was accepted, the other bid rejected and the
Mayor was authorized to execute the contract.
New Business.
Adoption of Resolution of Intention
No. 913 of the Council of the City
of Bakersfield declaring its inten-
tion to order the vacation of a
Public Utilities Easement behind
Montclair Street between Marsha
Street and Stockdale Highway, in the
City of Bakersfield.
Upon a motion by Councilman Sceales, Resolution of
Intention No. 913 of the Council of the City of Bakersfield
declaring its intention to order the vacation of a Public Utilities
Easement behind Montclair Street between Marsha Street and Stock-
dale Highway, in the City of Bakersfield and setting May 3, 1976
for hearing on the matter before the Council, was adopted by the
following roll call vote:
Councilmen Barton, Bleecker, Christensen, Medders, Rogers,
Sceales, Strong
None
None
Ayes:
Noes:
Absent:
Adoption of Resolution of Intention
No. 914 of the Council of the City
of Bakersfield declaring its inten-
tion to order the vacation of the
Pedestrian Walkway between Los Nietos
Court and E1Tovar Court, south of
Las Cruces Avenue, in the City of
Bakersfield.
Upon a motion by Councilman Sceales, Resolution of
Intention No. 914 of the Council of the City of Bakersfield
declaring its intention to order the vacation of the Pedestrian
Walkway between Los Nietos Court and E1Tovar Court, south of
Las Cruces Avenue, in the City of Bakersfield and setting May 3,
1976 for hearing on the matter before the Council, was adopted by
the following roll call vote:
Ayes:
Councilmen Barton, Bleecker, Christensen, Medders, Rogers,
Sceales, Strong
Noes: None
Absent: None
Bakersfield, California, April 5, 1976 - Page 6
Approval of Program Supplement No.
to Local Agency/State Master Agree-
ment for FAU Project on Baker Street.
This agreement is required prior to the City proceeding
with advertisement of the Baker Street Improvement Project between
Truxtun Avenue and Southern Pacific Railroad. The City will
administer the contract for the project which has been approved
by the Federal Highway Administration for funding as a Federal Aid-
Urban Project.
Upon a motion by Councilman Strong, Program Supplement
No. i to Local Agency/State Master Agreement for FAU Project on
was approved and the Mayor was authorized to execute
Baker Street,
same.
Adoption of Resolution No. 22-76 of
the Council of the City of Bakers-
field of intent to comply with all
State and Federal Regulations per-
taining to Sewer Use Ordinance and
Revenue Program in connection with
the City's application under the
Clean Water Grant Program.
Prior to giving concept approval and authorization to
proceed on the design o£ Treatment Plant No. 2 expansion, the
State requires assurance that the City will comply with State and
Federal regulations pertaining to a Sewer Use Ordinance and Revenue
Program. The draft Revenue Program was reviewed by the City
Council and submitted to the State on May 12, 1975. The draft
Revenue Program is now being updated to reflect current costs.
The final Revenue Program must be implemented prior to the com-
pletion of 50% of the proposed construction.
Upon a motion by Councilman Rogers, Resolution No. 22-76
of the Council of the City of Bakersfield of intent to comply with
all State and Federal Regulations pertaining to Sewer Use Ordinance
and Revenue Program in connection with the City's application under
the Clean Water Grant Program, was adopted by the following roll
call
Ayes:
Noes
Absent:
vote:
Councilmen Barton, Bleecker,
Sceales, Strong
None
None
Christensen, Medders,
Rogers,
Bakersfield, California, April 5, 1976 - Page 7
Approval of Contract with J. Nicholas
Counter for Negotiation Services with
Employee Organizations.
Councilman Bleecker, Chairman of the Governmental
Efficiency and Personnel Committee, read Report No. 8-76 regarding
Retention of Nicholas Counter for Fiscal Year 1976-77, as follows:
Last Year the City Council contract with Mr.
Nick Counter of Mitchell, Silberberg and Knupp
to represent the City in its negotiations with
the various employee organizations.
The Governmental Efficiency and Personnel
Committee was satisfied that Mr. Counter
represented the City in a very fair and pro-
fessional manner. We are, therefore,
recommending that the City Council approve
another one-year contract for Mr. Counter's
services. The cost of $800 per month is the
same as last year.
Councilman Christensen stated he had only one complaint
in that Mr. Counter informed the entire Council that he would
provide periodic repor~on the negotiations and failed to do so.
After considerable discussion, upon a motion by Council-
man Bleecker, Report No. 8-76 o~ the Governmental Efficiency and
Personnel Committee regarding Retention of Nicholas Counter for
Negotiation Services with Employee Organizations for Fiscal Year
1976-77, was accepted, the contract approved and the Mayor was
authorized to execute same, by the following roll call vote:
Councilmen Barton, Bleecker, Christensen, Medders, Rogers,
Sceales, Strong
Ayes:
Noes: None
Absent: None
Hearings.
This is the time set for public hearing on application
by B. L. Dickinson to amend the zoning boundaries from an R-1 (One
Family Dwelling) Zone to an R-3-D (Limited Multiple Family Dwelling
Architectural Design), or more restrictive, Zone, affecting that
certain property in the City of Bakersfield located on the south-
east corner of Panorama Drive and Columbus Street.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Bakersfield, Cali£ornia, April 5, 1976 - Page 8
495
This 2.5 acre parcel of land fronts on Columbus Street,
a major City street. Panorama Drive, a major City street, will
also serve the future residents of the area. The proposed R-3-D
zoning would permit the construction of 88 dwelling units.
Ms. Judy Kimble appeared at the Planning Commission
hearing in opposition to the zone change.
The Planning Commission recommended the requested R-3-D
zoning to the City Council and found it would be consistent with
the General Plan.
Mayor Hart declared the hearing open for public partici-
pation. Mr. B. L. Dickinson, the applicant, was present to answer
questions of the Council.
the public portion of the
tion and action.
No protests or objections being received,
hearing was closed for Council delibera-
Upon a motion by Councilman Rogers, Ordinance No. 2271
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 on the southeast corner
of Panorama Drive and Columbus Street, finding that said zoning
to R-3-D would not have a substantial adverse impact on the
environment and that it is consistent with the General Plan, was
adopted by the following roll call vote:
Ayes: Councilmen Barton, Bleecker, Christensen, Medders, Rogers,
Sceales, Strong
Noes: None
Absent: None
This is the time set for public hearing before the
Council for consideration and confirmation of the Report and
Assessment List for Abatement of Weeds under the 1975 Weed Abate-
ment Program.
This hearing was duly posted and notices mailed to all
owners of property on which the nuisance was abated.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
49(;
Bakersfield, California, April 5, 1976 - Page 9
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Bleecker, Assessment List
for Abatement of Weeds under the 1975 Weed Abatement Program, was
confirmed and the City Clerk was directed to file same with the
County Recorder.
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."
At the Council Meeting of January 5, 1976 this hearing
was continued for an indeterminate time. On March 29, 1976, as
per request from Roger D. Randall, Attorney for Judy Wells, the
Council set the date of hearing for April 5, 1976.
Mr. Roger D. Randall, Attorney representing Judy Wells,
cited Section 7.34.050 of the Municipal Code which sets out the
reasons the City Manager must deny a "Cardroom Work Permit." Mrs.
Wells was informed that her permit was not being renewed due to
an action pending against her on a charge of receiving stolen
property, and this case was dismissed by the Municipal Court on
April 2, 1976. Mr. Randall stated that Mrs. Wells has never been
convicted of a felony, but she did plead guilty to a gambling law
violation in regards to a payoff on a pinball machine.
Mr. Randall further stated that twelve character
witnesses for Mrs. Wells from the Bakersfield and Los Angeles areas
are present tonight to give testimony.
Deputy City Attorney Charles Wilson outlined the reasons
the action against Mrs. Wells on the receiving stolen property
charges were dismissed.
Mrs. Judy Wells was sworn in by the City Clerk.
Mrs. Wells informed the Council that she has remarried
and her name is now Judy Garvin.
Mrs. Wells (Garvin) testified as to her arrest record,
explained the circumstances in regard to the receiving stolen
property charges and the persons she has been associating with.
Bakersfield, California, April 5, 1976 - Page l0
After being sworn in, Mrs. Ann C. Cuccia, 23052 Mariano
Street, Woodland Hills, California (foster mother of Judy Wells),
testified as to the circumstances surrounding Mrs. Wells being
charged with receiving stolen property.
The Council, Deputy City Attorney Wilson and Mr. Randall
engaged in a lengthy discussion regarding the circumstances
surrounding the case against Mrs. Wells for receiving stolen property
being dismissed, the conviction for a gambling law violation and
conviction for trespassing.
Councilman Barton made a motion to grant Mrs. Judy Wells
(Garvin) a "Cardroom Work Permit," based on the information that
has been brought out tonight and the fact that the permit can be
revoked as provided for in the Municipal Code, if necessary.
Councilman Rogers stated that due to the fact that the
Council did not receive the information on Mrs. Wells' background
until just prior to the Council Meeting, he would offer a substitute
motion that the decision on the appeal by Judy Wells (Garyin)
regarding the City Manager's denial for renewal of a "Cardroom
Work Permit" be held over for one week.
The Council, Deputy City Attorney Wilson, City Attorney
Hoagland and Mr. Randall engaged in a lengthy discussion regarding
Mrs. Wells' conviction for a gambling law violation.
After being sworn in, Mrs. Jean Barker mother of Beverly
Whaley, who is in prison, the person who allegedly sold stolen
property to Mrs. Wells), testified that her daughter had been
selling stolen property to Mrs. Wells for approximately two years.
Councilman Rogers' substitute motion that the decision
on the appeal by Judy Wells regarding the City Manager's denial
for renewal of a "Cardroom Work Permit" be held over one week,
failed
Ayes:
Noes:
Absent:
to carry by the following roll call vote:
Councilmen Medders, Rogers, Sceales
Councilmen Barton, Bleecker, Christensen, Strong
None
BakersfieLd, California, April 5, 1976 - Page ll
A£ter being sworn in, Police Sergeant Roger W. Ellis
testified that when he conducted a background investigation on
Mrs. Wells in 1974 for the origina~ application for a "Cardroom
Work Permit," he was not aware of the gambling conviction.
After a lengthy discussion, Mayor Hart stated, regarding
Councilman Barton's motion to grant the "Cardroom Work Permit,"
a vote of Aye would grant the permit and a vote of No would uphold
the City Manager's decision to deny the permit.
Councilman Barton's motion to grant Mrs. Judy Wells
(Garvin) a "Cardroom Work Permit," failed to carry by the following
roll call vote:
Ayes: Councilmen Barton, Christensen, Strong
Noes: Councilmen Bleecker, Medders, Rogers, Sceales
Absent: None
Mr. Randall stated that he would like to point out, for
the record and since there will be an appeal, that they were not
allowed to finish presenting their evidence or rest their case.
Adjournment.
There being no further business to come before the
Council, upon a motion by Councilman Strong, the meeting was
adjourned at ll:30 P. M.
MAY~ the Clt~
Calif.
ATTEST:
CITY/ CLERK and Ex~O~ficio Clerk of the Council
of the City of Bal~rsfield, California
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