HomeMy WebLinkAbout06/28/1976 MINUTES CC144
Bakersfield, California, June 28, 1976
Minutes of a regular meeting of the Council of
of Bakersfield, California, held in the Council Chambers
Hall at 8:00 P.M., June 28, 1976.
The meeting was called to order by Mayor Hart followed
by the Pledge of Allegiance and Invocation by Major D. Elmer
Baker of the Salvation Army.
The City Clerk called the roll as follows:
Mayor Hart. Councilmen Sceales, Strong, Barton,
Bleecker, Christensen, Medders, Rogers
Present:
Absent:
None
Minutes of
sessions of June
16 & 23, 1976,
the City
of City
celebration.
Adoption of Resolution No. 41-76 of
the Council of the City of Bakers-
field with respect to High Flight
Bicentennial Celebration and Space
Museum in Bakersfield July 12 through
1S.
Upon a motion by Councilman Medders, Resolution No. 41-76
of the Council of the City of Bakersfield with respect to High
Flight Bicentennial Celebration and Space Museum in Bakersfield
July 12 through 18, was adopted by the following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Bleecker,
Medders, Rogers
Noes: None
Absent: None
the regular meeting of June 14, 1976, budget
14 & 15, 1976 and Executive Sessions of June
were approved as presented.
Scheduled Public Statements.
John Lavender, representing the Greater Bakersfield
Christensen,
Dr.
Ministerial Association, requested the Council to adopt a
Resolution recognizing and supporting the dedicated efforts of
the High Flight Foundation and Greater Bakersfield Ministerial
Association in their area-wide presentation during the week of
July 12 through 18 and encourage all citizens of this community
to support and participate in this inspirational bicentennial
Bakersfield, California, June 28, 1976 - Page 2
145
Mr. John Brock, Jr., member of the Greater Bakersfield
Bicentennial Steering Committee,read the following statement:
One of the Bicentennial projects is the pur-
chase and placement of historical landmark
plaques. Eight of the $300 bronze plaques have
sponsors. Six other historic sites have been
identified but have no sponsors as yet.
The reason we are here tonight is to get the
City Council's approval to place these bronze
plaques on public property in front of these
historic sites. Our first thought was to place
the plaques on poles anchored in cement in the
sidewalk. But after discussing this with the
Police and Fire Chiefs and the Director of
Public Works, it is felt that some of the
plaques should be either placed upon the
building face or in the sidewalk up close to
the building.
Since each site may have different circumstances,
we hereby request your general approval to place
the plaques on public property, and let us work
with the Director of Public Works on specified
locations and concerns of safety.
Upon a motion by Councilman Rogers, authorization was
granted to the Greater Bakersfield Bicentennial Committee to
place historical landmark plaques, with the approval of the
Director of Public Works, at various locations in the City.
Mr. Ralph Zellers, Chairman of the Citizens Advisory
Committee for the Wastewater Treatment Facilities read the
following news release:
After more than three years of intensive effort
on the part of the City Council, the Citizens
Advisory Committee, and the City Staff, it is
my pleasure to announce that the State and
Federal Governments have certified the City
of Bakersfield for its Clean Water Grant.
The State has also approved the Plans and
Specifications and authorized the City to
advertise for bids to consolidate Sewer Treat-
ment Plants i and 2.
Under the terms
be eligible for
$23,000,000.
of the grant, the City will
funds totaling more than
We now anticipate that July and August will
be spent making minor modifications to the
Plans and Specifications to make them bid
ready. The bidding period will be between
September and December, with construction
taking place between December 1976 and
December ]978.
14f
Bakersfield, California, June 28, 1976 - Page 3
Mr. Zellers commended the Council and staff for doing
a fantastic job preparing a very difficult grant application,
required by the State and Federal Government, that will provide
the citizens of Bakersfield with a modern Wastewater Treatment
Facility for the next 20 to 40 years.
Councilman Rogers thanked Mr. Zellers and members of
the Citizens Advisory Committee for the Wastewater Treatment
Facilities for the tremendous amount of time and effort they
put forth in obtaining this grant for the City.
Correspondence.
Upon a motion by Councilman Bleecker, communication from
the Downtown Business Association, dated June ll, 1976, supporting
a vigorous annexation policy, especially one which will eliminate
the numerous county islands within the metropolitan area, was
received and ordered placed on file.
Upon a motion by Councilman Sceales, communication from
the Kern City Civic Association, dated June 15, 1976, requesting
information relative to steps necessary to annex to the City of
Bakersfield, was received, referred to the Planning Commission
for appropriate action and the staff was directed to provide the
information requested.
After discussion, upon a motion by Councilman Medders,
communication from residents in the area roughly bounded by
Freeway 99 on the east, Belle Terrace on the north, Stine Road
on the west and Ming Avenue on the south, requesting assistance
relative to annexing this area to the City of Bakersfield, was
received and referred to the Planning Commission for study and
recommendation.
Reports.
Councilman Strong, Chairman of the Auditorium-Recreation
Committee, read Report No. 4-76 regarding Proposed Increase in
Food Concession Prices at Civic Auditorium, as follows:
Bakersfield, California, June 28, 1976 - Page 4
147
The City of Bakersfield has a 10-year agreement
with Sanitation Engineers for food concession
facilities at the Civic Auditorium. The
agreement will expire July l, 1977. The
company has asked for food price increases
effective July 5. The last increase was
granted in September, 1974.
Attached to this report is a listing of each
specific item sold at the Auditorium and the
increases proposed by the company. The Citizens
Auditorium-Recreation Committee reviewed the
proposed increases and has recommended only
two changes as indicated on the attached sheet.
The Council Auditorium-Recreation Committee
has reviewed the proposed increases for food
concession prices at the Civic Auditorium and
finds them to be justified based on prices
charged at comparable facilities. The Com-
mittee recommends that they be approved
effective July 5, 1976.
Upon a motion by Councilman Strong, Report No. 4-76 of
the Auditorium-Recreation Committee, was accepted, and increase
in food concession prices at the Civic Auditorium effective
July 5, 1976, were approved.
Councilman Rogers asked if the system for monitoring
tennis courts at Siemon Park have been installed. Auditorium-
Recreation Manager Graviss answered "Yes."
Upon a motion by Councilman Sceales, Traffic Report
regarding request for Traffic Signs on Bermuda Street, was
received and ordered placed on file.
Upon a motion by Councilman Rogers, Traffic Report
regarding request for Stop Signs and Crosswalks at the inter-
section of Christmas Tree Lane and Crescent Drive, was received
and ordered placed on file.
City Manager Bergen read a report regarding Renewal of
School Cross Guard Agreement, as follows:
During the recent budget deliberations, the
Council approved the Budget Review and Finance
Committee recommendation to provide additional
rate increases for the school crossing guards
(from $2.35 to $2.50 per hour) and for
administration of the program (from $115.00
to $122.50 per month per guard). These increases
are identical to those approved by the County
148
Bakersfield, Cali£ornia, June 28, 1976 - Page 5
Board of Supervisors who also contract with
Horace Clark for these services.
Mr. Clark is now requesting that the agreement
for the 1976-77 year include a section stating
that the City would pay for any additional
workmen's compensation, social security, or
unemployment insurance costs incurred by Mr.
Clark during the year due to rate increases
imposed by State or Federal Government agencies.
Mr. Clark's position is that he has no control
over any such increases and, therefore, should
not have to assume the additional financial
cost during the year. On the other hand, the
staff feels that insertion of such a clause
in the agreement would subject the City to
agreeing to pay for a cost, the magnitude of
which would be unknown. Primarily for this
reason, the City does not have any annual
contracts that contain this type of provision.
For these reasons, the staff does not recommend
that this type of clause be included in the
agreement. The County staff has also taken
the same position with regard to their contract
for school crossing guard services. Mr. Clark
has indicated that he does not wish to sign
the agreement unless the above provision is
included.
The City Council may wish to refer this matter
to the appropriate Council committee. In any
event, it is imperative that the matter be
resolved as soon as possible, well in advance
of the new school year.
Councilman Bleecker stated that the increase Mr. Clark
has requested, over and above the rate increase for crossing
guards and administration o£ the program, is just a risk that is
part of doing business and he agrees with the position taken by
the sta££. If Mr. Clark does not want to sign the agreement
then the City can contract with someone else or the Police
Department can provide this service as they have done in the
past.
Councilman Barton made a motion that the agreement
with Horace Clark for School Crossing Guards, be approved, with
the inclusion o£ a section stating that the City will pay for
any additional Workmen's Compensation, Social Security, or
Unemployment Insurance costs incurred by Mr. Clark during the
year due to rate increases imposed by State or Federal Government
agencies.
Bakersfield, California, June 28, 1976 - Page 6
149
Councilman Rogers stated that he agrees with Councilman
Bleecker's statement and it is unfair to make the City pay costs
that are mandated by other governmental agencies.
Councilman Bleecker stated that the Council would be
setting a dangerous precedent in agreeing to a contract with
that type of clause because many things that the City does are
put out to contract.
Councilman Barton's motion that the agreement with
Horace Clark for School Crossing Guards with the inclusion of a
section stating that the City will pay for any additional Workmen's
Compensation, Social Security or Unemployment Insurance costs
incurred by Mr. Clark during the year due to rate increases imposed
by State or Federal Government agencies, was approved by the
following roll call vote:
Ayes: Councilmen Sceales, Strong, Barton, Christensen
Noes: Councilmen Bleecker, Medders, Rogers
Absent: None
City Manager Bergen read a report regarding Selection
of Consulting Engineers for Design of Truxtun Avenue Extension
Project, as follows:
The City Manager has reviewed the report sub-
mitted by the engineering selection review
committee relative to the appointment of an
engineer firm to design the Truxtun Avenue
Extension Project. The City Manager concurs
with the review committee's findings and
recommends that the firm of Braun, Pasillas
& Wagner be hired for this project, and that
the staff be directed to prepare the appropriate
contract for Council approval.
Upon a motion by Councilman Bleecker, report from the
City Manager regarding Selection of Consulting Engineers for
Design of Truxtun Avenue Extension Project, was accepted and
the firm of Braun, Pasillas & Wagner, was approved for this
project,and the staff was directed to prepare the appropriate
contract for Council approval. Councilman Barton voted in the
negative on this motion.
Bakersfield, California, June 28, 1976 - Page 7
The
(a)
(b)
(C
(d
(e
(f)
(g)
(h)
(i)
(J)
(k)
Consent Calendar.
following items were listed on the Consent Calendar:
Allowance of Claims Nos. 4751 to 4997,
inclusive, in the amount of $548,744.28.
Claim for Damages from The Hartford
Insurance Group on behalf of Charles E.
Burdick. (Refer to City Attorney)
Claim for Damages and Injuries from
Nettie Mae Johnson, 1020 Clyde Street.
(Refer to City Attorney)
Request for Grant of Easement from Pacific
Gas & Electric Company for the installa-
tion and maintenance of a pole line over
a portion of the City sewer farm, located
along the easterly extension of Planz
Road and will connect the line serving
Treatment Plant No. 2 with an existing
transmission line 1922 feet to the east.
Street Easement from Tenneco West, Inc.,
providing street right-of-way for Ming
Avenue at Stine Road as required for
Parcel Map No. 3566.
Drainage Easement from Tenneco West, Inc.,
providing right-of-way for construction
of Phase I of Northwest Bakersfield Drain -
Pump Station.
Street Easement from Maurice St. Clair,
Lois St. Clair, M. Frank St. Clair and
Arlana St. Clair providing street right-
of-way for Planz Road, Wible Road and
Mountain View Street as required for
Parcel Map No. 3535.
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3679 - Contract No.
74-56 with Jack and Bonnie Jost.
Notice of Completion and Acceptance of
Work on street and sewer improvements
under Tract No. 3683 - Contract No.
74-16 with John P. and Brenda B. Pulskamp.
Application for Encroachment Permit from
Finley Homes, 516 Denison Lane.
Construction Change Order No. 1 for
Contract No. 76-66 with Salomon Pipeline
for construction of Storm Drains in
portions of Truxtun Avenue, Real Road
and Partridge Avenue.
Bakersfield, California, June 28, 1976 - Page 8
151
(1) Budget Transfer from Regular Salaries
Account No. 11-640-0100 to Vehicle
Account No. 83-640-7200 within the Fire
Department Equipment Replacement Fund,
in the amount of $985.00, for two 4-door
sedan Police Specials. The trade-in
amount did not compensate for the
difference in costs and the amount
budgeted.
(m) Budget Transfer from the Public Works
Equipment Replacement Contingency Account
No. 81-691-6100 to the Public Works Auto
Equipment Account No. 81-691-7200 within
the Equipment Replacement Fund, in the
amount of $5,000.00, to purchase a new
Police vehicle that will replace a 1976
vehicle that was demolished in a collision.
Upon a motion by Councilman Christensen, Items (a), (b),
(c), (d), (e), (f), (g), (h), (i), (j), (k), (1) and (m) of the
Consent Calendar, were adopted by the following roll call vote:
Ayes Councilmen Sceales, Strong, Barton, Bleecker, Christensen,
Medders, Rogers
Noes None
Absent: None
Action on Bids.
Upon a motion by Councilman Bleecker, low bid of Fred
S. Macomber with Alternates i and 2 for New Corporation Yard,
was accepted, all other bids rejected and the Mayor was authorized
to execute the contract.
Upon a motion by Councilman Medders, usual bidding
requirements were dispensed with, in accordance with Section
5.20.060 of the Municipal Code, and the Finance Director was
authorized to negotiate a price with Chamberlain Manufacturing
Corporation for Aerial Manlift, self-propelled, Selma M26TMA
for Public Works Department.
Upon a motion by Councilman Medders, low bid of Dean
Clark for installation of Tennis Court Lighting at Centennial
and Wayside Parks Courts, was accepted, all other bids rejected
and the Mayor was authorized to execute the contract.
Upon a motion by Councilman Medders, bid of Metro Audio,
Inc., for Police Department Monitoring System, was accepted and
the Mayor was authorized to execute the contract.
Bakersfield, California, June 28, 1976 - Page 9
Deferred Business.
Referral o£ Proposed Annexation
Policy.
The Planning Commission has reviewed and approved a
policy on annexation which proposes that the City actively pursue
annexation; the initial emphasis should be placed on uninhabited
areas which are anticipated to urbanize within the foreseeable
future. The Commission believes this to be a reasonable policy
and a good framework for staff to work within.
Councilman Bleecker requested that the annexation policy
include the proper procedures for determining whether or not the
City can afford certain annexations in inhabited areas.
Upon a motion by Councilman Sceales, proposed Annexation
Policy for the City of Bakersfield, was referred to the Water and
City Growth Committee for study and recommendation.
New Business.
Adoption o£ Resolution No. 42-76 of
the Council of the City of Bakers-
field fixing a time and place for
hearing protests by persons owning
real property within territory
designated as "Stine No. 4," pro-
posed to be annexed to the City of
Bakersfield.
Upon a motion by Councilman Sceales, Resolution No.
42-76 of the Council of the City of Bakersfield setting August
9, 1976, in the Council Chambers of City Hall as the time and
place for hearing protests by persons owning real property
within territory designated as "Stine No. 4," proposed to be
annexed to the City of Bakersfield, was adopted by the following
roll call vote:
Ayes
Noes
Absent:
Councilmen Sceales,
Medders,
None
None
Strong, Barton, Bleecker, Christensen,
Rogers
Bakersfield, California, June 28, 1976 - Page l0
First reading of an Ordinance of
the Council of the City of Bakers-
£ield adding Chapter 7.12 to Title 7
of the Municipal Code enacted under
Section 19 of Article IV of the
State Constitution allowing Bingo
Games in the City for benefit of
Charitable Organizations.
With the passage of a constitutional amendment on June
8, 1976, a Sta~e Statute became effective authorizing cities and
counties to provide for Bingo Games for charitable purposes.
Under the Statute, only organizations exempted under Revenue and
Taxation Code Section 23701d may apply for City Licenses. The
proposed ordinance incorporates all the restrictions required by
the State Statute and adds certain provisions agreed to in a
conference with the City and County law enforcement personnel.
Councilman Bleecker requested that the City Attorney
furnish fhe Council with a list of the types of organizations
that will be allowed to obtain a Bingo License prior to the next
Council Meeting.
First reading was considered given an Ordinance of the
Council of the City of Bakersfield adding Chapter 7.12 to Title 7
of the Municipal Code enacted under Section 19 of Article IV of
the State Constitution allowing Bingo Games in the City for
benefit of Charitable Organizations.
Deferral of a Resolution of the
Council of the City o£ Bakersfield
fixing fees for Central Stations,
Modified Central Stations, Alarm
Agents and Alarm Users, pursuant to
Chapter 7.64 of ?itle 7 of the
Municipal Code, regulating Police
and Fire Alarm Systems.
The Police and Fire Alarm Ordinance requires the City
Council, by Resolution, to fix permit £ees for Central and Modified
Alarm Stations, Alarm Users and Alarm Agents. This Resolution
establishes the permit and inspection fees, effective July l,
1976.
Mr. Doug Lovegreen, owner of Imperial Alarm Company,
stated that the alarm industry has not been advised of the proposed
Bakersfield, California, June 28, 1976 - Page
fees and it was their understanding that they would have a chance
to discuss it prior to adoption of the resolution.
Upon a motion by Councilman Rogers, Resolution of the
Council of the City of Bakersfield fixing fees for Central Stations,
Modified Central Stations, Alarm Agents and Alarm Users, pursuant
to Chapter 7.64 of Title 7 of the Municipal Code, regulating
Police and Fire Alarm Systems, was deferred until the Council
Meeting of July 12, 1976, with copies of the Resolution to be
distributed to alarm companies and a meeting scheduled between
the Governmental Efficiency and Personnel Committee and alarm
companies to discuss the fees, was approved.
Adoption of Resolution No. 43-76 of
the Council of the City of Bakers-
field increasing the compensation
to Varner Brothers Independent
Sanitation Service, private refuse
collector under Contract No. 98-70,
effective July l, 1976.
Upon a motion by Councilman Medders, Resolution No.
43-76 of the Council of the City of Bakersfield increasing the
compensation to Varner Brothers Independent Sanitation Service,
private refuse collector under Contract No. 98-70, effective
1976, was adopted by the following roll call vote
Councilmen Sceales, Barton, Medders, Rogers
None
None
Councilmen Strong, Bleecker, Christensen
Adoption of Resolution No. 44-76 of
the Council of the City of Bakers-
field increasing the compensation
to Kern Refuse Disposal, Inc., a
private refuse collector under
Contract No. 29-67, as amended by
Contract No. 83-70, effective July
1, 1976.
Upon a motion by Councilman Medders, Resolution No.
the Council of the City of Bakersfield increasing the
to Kern Refuse Disposal, Inc., private refuse
July l,
Ayes:
Noes:
Absent:
Abstaining:
44-76 of
compensation
Bakersfield, California, June 28, 1976 - Page 12
155
collector under Contract No. 29-67, as amended by Contract No.
83-70, effective, July l, 1976, was adopted by the following
roll call vote:
Ayes: Councilmen Sceales, Barton, Christensen, Medders,
Rogers
Noes: None
Absent: None
Abstaining: Councilmen Strong, Bleecker
Councilman Bleecker stated that he abstained from voting
because the attempt to justify a 10% increase in the report that
was given to the Council by the Public Works Department was not
convincing.
Approval of Special Counsel Agreement,
City of Bakersfield Water Facilities
Corporation Revenue Bond and 1976
Leasehold Mortgage Bond Issue.
This agreement is for Special Bond Counsel, Rutan and
Tucker, for the leasehold mortgage bond issue, at a total cost
of $17,500.00.
Upon a motion by Councilman Rogers, Special Counsel
Agreement between the City of Bakersfield, City of Bakersfield
Water Facilities Corporation and Rutan & Tucker and Orrick,
Herrington, Rowley & Sutcliffe for the 1976 Leasehold Mortgage
Issue, was approved and the Mayor was authorized to execute
Bond
same.
Approval of Electric Service Agree-
ments between the City of Bakersfield
and Pacific Gas & Electric Company.
Upon a motion by Councilman Bleecker, Electric Services
Agreements between the City of Bakersfield and Pacific Gas and
Electric Company for electric service at new Corporation Yard,
were approved and the Mayor was authorized to execute same.
Approval of Agreement between the
City of Bakersfield and Panama
School District concerning programs
of Supervised Community Recreation.
Bakersfield, California, June 28, 1976 - Page 13
Upon a motion by Councilman Sceales, Agreement between
the City of Bakersfield and Panama School District concerning
programs of Supervised Community Recreation for Fiscal Year 1976-
77, was approved and the Mayor was authorized to execute same.
Approval of Contract between the
City of Bakersfield and Bakersfield
City School District concerning
transportation for the Camp Okihi
Recreation Program.
Upon a motion by Councilman Strong, Contract between the
City of Bakersfield and Bakersfield City School District concerning
transportation for the Camp Okihi Recreation Program, was approved
and the Mayor was authorized to execute same.
Approval of Agreement between the
City of Bakersfield and the Greater
Bakersfield Separation of Grade
District.
The District is proceeding with detailed studies of
various grade separations within the City and proposed to hire a
consultant to do the study. By this agreement with the District,
the City will supervise the work of the Consulting Engineer and
also perform some work for the District as staff time permits.
Upon a motion by Councilman Medders, Agreement between
the City of Bakersfield and the Greater Bakersfield Separation of
Grade District for detailed studies for various grade separations
within the City, was approved and the Mayor was authorized to
execute same.
Approval of request of Finance
Director for authorization to write-
off Uncollectible Accounts Receivable.
Upon a motion by Councilman Sceales, the Finance Director
was authorized to write-off Uncollectible Accounts Receivable
totaling $202.29, with collection efforts to be continued by the
City's collection agency, Herbert P. Sears Co.
Reception of Certificate of County
Clerk of Results of Consolidated
Primary Election for the Office of
Mayor in the City of Bakersfield,
California, held June 8, 1976.
Bakersfield, California, June 28, 1976 - Page 14
157
Upon a motion by Councilman Medders, Certificate of
County Clerk of Results of all Votes Cast at the Nominating Muni-
cipal Election for Mayor held June 8, 1976, in the City of
Bakersfield, was received and ordered placed on file. The results
of the election were as follows:
Total number of Registered Voters
32,362
Total number of Votes Cast
26,821
Total number of Votes Cast for Donald M. Hart 20,000
Reception of Certificate of Election
from County Clerk o£ all Votes Cast
for City Measures "A", "B" and "C"
at the State Direct Primary Election
held on June 8, 1976.
Upon a motion by Councilman Strong, Certificate of
Election from County Clerk of al1 Votes Cast for City Measures
"A", "B" and "C" at the State Direct Primary Election held June 8,
1976, were received and ordered placed on file. The results of
the election were as follows:
YES NO TOTAL
MEASURE "A"
Shall Section 2.12.010 of the Bakers-
field Municipal Code be amended to
provide that the salary of Councilmen
shall be three hundred dollars per
month?
6,871 13,995 20,866
MEASURE "B"
Shall Section 67 of the Charter of
the City of Bakersfield be amended
to provide for a General Election
for Councilmen to be held on the
first Tuesday after the first Monday
o~ each odd-numbered year commencing
in 19777 Such General Election will
coincide w~th the various School
Board Elections and the single
candidate receiving the highest
number of votes being declared the
winner without runoff.
12,329 7,879 20,208
Bakersfield, California, June 28, 1976 - Page 15
MEASURE "C"
Shall Section 67 of the Charter of
the City of Bakersfield be amended
to provide for a Nominating Election
for Councilmen to be held on the first
Tuesday after the first Monday in
March and a General Election for
Councilmen to be held on the last
Tuesday in May, of each odd-numbered
year commencing in 19777 Such
Nominating Election will coincide
with the various School Board
Elections and the General (Runoff)
Election may or may not coincide
with any other scheduled election.
Hearings.
This is the time set for public
on an Appeal by Judy Garvin regarding the
renewal
YES NO TOTAL
12,073 7,871 19,944
of a "Cardroom Work Permit."
Mrs. Judy Garvin was sworn in
hearing before the Council
City Manager's denial for
by the City Clerk.
Mrs. Garyin testified as to the circumstances surrounding
arrest for receiving stolen property, cited the arrest record
her
of ten persons who hold Cardroom Work Permits and requested that
the Council grant her a permit to work. Mrs. Garvin also stated
that she considers the denial of her license unconstitutional.
After being sworn in, Miss Dorothy Wilson testified as
to a conversation that took place in Police Chief Price's office
regarding the reason why Mrs. Garvin was not granted a work permit.
After being sworn in, Barbara Brown testified as to the
circumstances surrounding Mrs. Garvin being cited for a pinball
violation.
After being sworn in,
circumstances surrounding Mrs.
violation while in his employ.
City Attorney Oberholzer, Mr. Sessions stated he is a close friend
of Mrs. Garvin's and was convicted of a felony for stealing copper
wire and served time in State prison.
Bill Sessions testified as to the
Garvin being cited for a pinball
In answer to a question by Assistant
Bakersfield, California, June 28, 1976 - Page 16
159
Assistant City Attorney Oberholzer stated that the real
issue before the Council tonight is whether or not the Ordinance
is going to be enforced. The ordinance states that a permit shall
be denied to an applicant who has been convicted of a gambling law
violation. The court records show that Mrs. Garyin was convicted
of that crime, which according to the City law, states that she is
not eligible to receive a "Cardroom Work Permit."
After a lengthy discussion, Councilman Bleecker made a
motion that the City Manager's denial for renewal of a "Cardroom
Work Permit" for Judy Garvin be upheld.
Councilman Strong offered a substitute motion that Judy
Garvin be granted a "Cardroom Work Permit." This motion failed
to carry by the following roll call vote:
Ayes: Councilmen Strong, Barton, Christensen
Noes: Councilmen Sceales, Bleecker, Medders, Rogers
Absent:None
Councilman Bleecker's motion fhat the City Manager's denial
for renewal of a "Cardroom Work Permit" for Judy Garvin be upheld,
carried by the following roll call vote:
Ayes: Councilmen Sceales, Bleecker, Medders, Rogers
Noes: Councilmen Strong, Barton, Christensen
Absent: None
Councilman Barton made a motion that a Confidential
Report of the background and arrest records of all persons who
now work in or operate a Cardroom in the City of Bakers£ield be
supplied to the entire Council for review. After discussion this
motion carried by the following roll call vote:
Ayes
Noes
Absent:
Councilmen Sceales,
Medders,
None
None
Strong, Barton, Bleecker,
Rogers
Christensen,
Bakersfield, California, June 28, 1976 - Page 17
This is the time set for public hearing regarding Petition
for Cancellation of Land Use Contract under Williamson Act.
This hearing has been duly advertised and the property
owners have been notified as required by law.
The proposed resolution contains the findings required
to be made by the Williamson Act for cancellation of ~and use
contracts and if adopted tentative approval is granted.
The cancellation becomes final upon the recording by the
City of a Certificate showing that the cancellation fees (deferred
taxes) have been paid to the County Treasurer, in full, within the
time limited by the resolution.
Jurisdiction to approve or disapprove lies with the City
Council due to annexation of the 37.42 acres covered in the contract
originally executed by the County and owner.
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received the public
portion of the hearing was closed for Council deliberation and
action.
Upon a motion by Councilman Rogers, Resolution No. 45-76
of the Council of the City of Bakersfield determining Petition for
Cancellation of Land Use Contract under Williamson Act with respect
to part of land, was adopted by the following roll call vote:
Ayes Councilmen Sceales, Strong, Barton, Bleecker, Christensen,
Medders, Rogers
Noes None
Absent: None
This is the time set for public hearing before the Council
for hearing report of Building Director specifying work done, cost
of work and description of property upon which Dangerous Buildings
have been demolished and hearing protests or objections thereto.
This hearing has been duly advertised, the property
posted and the property owners have been notified as required by
law.
Bakersfield, California, June 28, 1976 - Page 18
161
Mayor Hart declared the hearing open for public partici-
pation. No protests or objections being received, the public
portion of the hearing was closed for Council deliberation and
action.
A letter was received in the City Clerk's office from
Fred L. Haynes objecting to the assessment charges for demolition
of a building located at 106 Northrup Street because it was
demolished the same day he took title of the property and, therefore,
did not have opportunity to cause the building to be demolished.
Building Director White outlined the Dangerous Building
demolition program and stated because the property at 106 Northrup
Street was a matter of record, any escrow subsequent to the
recording would indicate the City had filed the Notice of Intent
and Mr. Haynes would be aware of that when the property was purchased.
Upon a motion by Councilman Strong, in order to clear up the
matter of Fred L. Haynes' property at 106 Northrup Street, action
on Resolution of the Council of the City of Bakersfield confirming
the Report of the Building Director re Assessments of certain
properties in the City for demolition of Dangerous Buildings, was
held over until the Council Meeting of July 12, 1976.
Councilman Rogers announced that the City of Bakersfield
and Rosedale - Rio-Bravo Water District are very close to reaching
a final agreement on the sale of a portion of the Kern River Water;
and inasmuch as the timetable is very strict regarding validation
of the contracts for water acquisition from Tenneco West, Inc., he
is going to request that the Council recess until 12:00 Noon,
Friday, July 2, 1976.
Bakersfield, California, June 28, 1976 - Page 19
Recess.
There being no further business to come before
Council at this time, upon a motion by Councilman Rogers
regular Council Meeting was recessed at 10:45 P.
July 2 1976 at 12:00 Noon.
the
the
M. until Friday,
~"~-N of thefield,
Calif.
ATTEST
CITY CLERK and Ex7~ffieio Clerk of the Council
of the City of Bat~ersfield, California
ma