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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Union, Local 911, submitted a petition for decertification alleging that the Service Employees Inter- national Union no longer represents the majority of employees in the City's blue collar unit.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 ma