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HomeMy WebLinkAbout02/11/1987 MINUTES CCBakersfield, California, February 11, 1987 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., February 11, 1987. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Steve Kaay of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson, $alvaggio Absent: None PUBLIC STATEMENTS Peggy Grabowsky, Kern County Dental Society Auxiliary President, presented baskets of sugarless treats to the Council in commemoration of Sugarless Wednesday. Paul Crumpacker, 831 21st Street, spoke regarding efforts to shut down soup kitchens on Baker Street. City Manager Caravalho informed Mr. Crumpacker that the Council has scheduled a study session regarding the problem of the homeless and will be working with business people and the social service agencies on that issue. Mayor Payne spoke of information received from United Way regarding the possibility of funds being distributed through- out local jurisdictions by State government. Audrain Cooper, 8400 Stockdale Highway, spoke regarding noise and dust p£oblems from bikers along the Kern River. Roger Montgomery, 1009 Water Street, spoke regarding en- forcement of traffic laws. Upon a motion by Councilmember Ratty, Mr. Montgomery's comments were referred to the Police Department. Ruth Brown, 809 Monterey Street, spoke regarding an Ordinance rezoning Monterey Street, and the omission of the east half of the 800 block of Monterey Street from that ordinance. Richard Robinson, 1813 H Street, No. 12B, spoke regard- ing pornography. Rhonda Covington, 831 E. 21st Street, spoke regarding the homeless. HEARINGS This is the time set for public hearing regarding an amendment to the Land Use Element and associated re-zoning of the Bakersfield Metropolitan Area General Plan and proposed environmental documents concerning the following areas: SEGMENT II: KERN HIGH SCHOOL DISTRICT AND CITY OF BAKERSFIELD have applied to change the Land Use Element desig- nation from Open Space to Industrial on 25 acres located approximately 2,300 feet south of Highway 58, east of South Mt. Vernon. Bakersfield, California, February 11, 1987 - Page 2 Assistant Planning Director Hardisty gave a brief pre- sentation of the zone changes and the property location. Mayor Payne declared the hearing open for public parti- cipation on Segment II. SEGMENT IV: DEAN A. GAY has proposed to amend the Land Use Ele- ment of the Bakersfield Metropolitan Area General Plan from Industrial and Medium Density Residential to Commercial for 1.49 acres generally located on the northeast corner of Niles Street and Union Avenue. Property is commonly known as the R. C. Cola Bottling Plant. Assistant Planning Director Hardisty gave a brief pre- sentation of the zone changes and the property location. Mayor Payne declared the hearing open for public parti- cipation on Segment IV. Mark Gay, representing Dean Gay, spoke in support of Segment IV and asked that the brick wall, requested by staff, be constructed and that an existing storage building be removed at the beginning of the development of the property. Assistant Planning Director Hardisty indicated that Mr. Gay's requests for construction of a brick wall and removal of a storage building at the time of development of the property could be accommodated through bonding the agreement. SEGMENT V: City of Bakersfield (Economic Development) Baker Street Specific Plan including development stan- dards in the Specific Plan area. Correspondence has been received from Delores M. Heller, 424 Quincy Street, dated February 10, 1987, supporting the Baker Street Specific Plan rezoning of areas in East Bakersfield. Project Planner Barnes gave a presentation of the Baker Street Specific Plan. Mayor Payne declared the hearing open for public parti- cipation on Segment V. Roy Malahowski of the Greater Bakersfield Legal Assis- tance, 615 California Avenue, spoke in opposition of Segment V. Ricardo Perugorria, Assistant Director of the Bethany Service Center, spoke in opposition to Segment V. Barbara Don Carlos, representing the Bakersfield Board of Realtors, stated that the Board is supportive of the revital- ization of the Baker Street area and the implementation of a plan that sees to the needs of that area, but has concerns regarding the down-zoning of the Jefferson School/ Alta Vista area. Leland Luttrell, spoke in opposition to the down-zoning of property for portions of the Baker Street Specific Plan. Plan. Ben Stinson spoke in support of the Baker Street Specific Ruth Brown spoke in favor of the Baker Street Specific Plan, requesting that a half-block portion of the 800 block of Monterey Street that has been excluded from the project be incor- porated into the plan. Bakersfield, California, February 11, 1987 - Page 3 Marvin Stone, owner/operator of Gus' Barber Shop, spoke in support of the Baker Street Specific Plan. SEGMENT VIII: The CITY OF BAKERSFIELD is proposing to amend the Land Use Element of the Bakersfield Metropolitan Area General Plan and the Casa Loma Specific Plan from 5.4 (Residential - maximum 4 units/net acre) to 5.3 (Residential - maximum 10 units/net acre) for 15.27 +/- acres generally located east of Cottonwood Road, between Casa Loma Drive and Watts Drive. Assistant Planning Director Hardisty gave a brief pres- entation of the zone changes and the property location. Mayor Payne declared the hearing open for public partic- ipation on Segment VIII. No further protests or objections being received and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Upon an inquiry by Councilmember Salvaggio, Assistant Planning Director Hardisty recommended the inclusion of photo doc- umentation and an adaptive re-use analysis be performed prior to removal of any existing structures, conditions presented by the Historical Preservation Commission, making them conditions of the zone change to Segment IV. Mayor Payne recessed the meeting at 8:45 p.m. The meet- ing reconvened at 8:58 p.m. Jean Marchand was allowed to speak regarding rezoning of property. Adoption of Resolution No. 16-87 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment II of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment No. 4-86). Upon a motion by Councilmember Childs, Resolution No. 16-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Smith, Dickerson, $alvaggio None None Ratty, Moore, Adoption of Resolution No. 17-87 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment IV of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment No. 4-86). Upon a motion 17-87 of the Council of following vote: by Councilmember Childs, Resolution No. the City of Bakersfield was adopted by the Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Bakersfield, California, February 11, 1987 Page 4 Adoption of Resolution No. 18-87 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment V of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and the Baker Street Corridor Specific Plan (Land Use Amendment No. 4-86). Upon a motion by Councilmember Moore, Resolution No. 18-87 of the Council of the City of Bakersfield, with the following addi- tion to paragraph four of the Resolution, "that non-conforming residential structure, may be rebuilt," that an ordinance implement- ing this addition shall be initiated by staff, was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Smith, Dickerson, $alvaggio None None Ratty, Moore, Adoption of Resolution No. 19-87 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment VIII of proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan and Casa Loma Specific Plan (Land Use Amendment No. 4-86). Upon a motion by Councilmember Childs, Resolution No. 19-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, Councilmember Salvaggio clarified his vote stating that approval of the Baker Street Specific Plan signals an important first step in the vision to revitalize the City's oldest business and residential area. He expressed that the Baker Street Plan is one that can be built and improved upon and he is proud of the City being a catalyst in bringing the residents, land owners and merchants together to conceive this plan. He encouraged continued cooperation if the plan is to work. This is the time set for a public hearing before the Council of the City of Bakers- field regarding Resolution of Intention No. 1018 declaring its intention to order the establishment of Underground Utility District No. 13, along Wilson Road bound- ed by Wible Road on the east and Stine Road on the west. Mayor Payne declared the hearing open for public parti- cipation. No protests or objections being received and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 20-87 of the Council of the City of Bakersfield es- tablishing Underground Utility District No. 2, Division 13, (on Wilson Road be- tween Stine and Wible Roads). Bakersfield, California, February 11, 1987 - Page 5 Upon a motion by Councilmember Dickerson, Resolution No. 20-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Christensen, Dickerson, Salvaggio Noes: None Absent: None Smith, Ratty, Moore, CORRESPONDENCE Upon a motion by Councilmember Salvaggio, communication from the Department of Alcoholic Beverage Control, 1901 Broadway, Sacramento, received January 30, 1987, regarding a public hearing to receive comment on the subject of marketing practices and pro- motions that foster the over consumption of alcoholic beverages, was received and staff directed to send a second letter to the Department of Alcoholic Beverage Control indicating the Council's request to consider adopting regulations prohibiting those market- ing practices and promotions that would foster the over consump- tion of alcoholic beve£ages. Upon a motion by Councilmember Ratty, communication from Beardsley School District, 1001 Roberts Lane, dated January 22, 1987, forwarding Resolution No. 11 relative to the levying of fees pur- suant to Government Code Section 53080, was received and referred to the Urban Development Committee. Upon a motion by Councilmember Ratty, communication from Kern High School District, 2000 24th Street, dated February 5, 1987, requesting to purchase property immediately to the south of our ROP/Ag facility on the east side of Mt. Vernon Avenue, was received and referred to the Urban Development Committee. Upon a motion by Councilmember Moore, communication from Mr. & Mrs. Julian Albee, 305 Real Road, dated February 8, 1987, opposed to structure changes in a convalescent home one-half block from their home, was referred to staff to provide to the Board of Zoning Adjustment. REPORTS Councilmember Dickerson, Chairman of the Legislative Committee, read Legislative Committee Report No. 3-87 regarding Heritage Park Legislation as follows: On January 14, 1987, the City Council referred the subject of proposed Heritage Park legislation to the Legislative Committee for review and recommen- dation regarding possible support by the Council. The Committee met with staff to review the current status of the Heritage Park issue. Staff informed the committee that State Senator Don Rogers has in- troduced legislation to repeal S.B. 1475, Chapter 164, concerning Heritage Park. The legislation was the result of a request made by resolution of the Kern County Board of Supervisors on January 20, 1987. This legislation was introduced on January 22, 1987, in the State Senate and would go into effect January 1, 1988, according to Senator Rogers's staff. It is not anticipated that there will be any opposi- tion to the bill. This committee recognizes that the City has sup- ported policies for providing park and open space opportunities for the citizens of Bakersfield, and Heritage Park contributes to the availability of park and open space in Greater Bakersfield. Bakersfield, California, February 11, 1987 - Page 6 Therefore, the committee recommends that the Coun- cil adopt a resolution in support of Senate Bill No. 221 (Rogers) which will prevent any further en- croachment into Heritage Park. The committee re- quests the approval of this report and its recom- mendations. Committee mented. Upon a motion by Councilmember Dickerson, Legislative Report No. 3-87 was accepted and recommendation imple- Adoption of Resolution No. 21-87 of the Council of the City of Bakersfield sup- porting legislation to repeal Chapter 164 of the Statutes of 1984. Upon a motion by Councilmember Dickerson, Resolution No. 21-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Noes: None Absent: None Childs, Christensen, Smith, Dickerson, $alvaggio Ratty, Moore, Councilmember Childs, Chairman of the Budget and Finance Committee, read Budget and Finance Committee Report No. 7-87 re- garding School Crossing Guard Insurance Premium Increase as follows: On February 4, 1986, Johnny Gordon of J & J Services addressed the City Council regarding increased in- surance premiums for the provision of school cros- sing guards under his current contract with the City of Bakersfield. This item was referred to the Budget and Finance Committee by the City Council. The committee met with Mr. Gordon and discussed with City staff the impact of the increased cost of insurance coverage. It was determined by the com- mittee that the increase was not within the control of Mr. Gordon as it resulted from an error by the insurance company. J & J Services must pay the in- creased premium by February 15th or the current policy will be cancelled. The increased cost of approximately $2,600 requested by Mr. Gordon would provide coverage for the 24 locations currently operated by J & J Services. This committee would like to recognize the efforts and excellent record of J & J Services in providing quality crossing guard services to the City of Bakersfield. Therefore, based on this review and the desire of this committee to continue uninterrupted crossing guard services, this committee recommends that the City Council authorize the amendment of the current contract with J & j Services and transfer of $2,600 from the Council Contingency account to the Police budget for increased insurance costs in the cross- ing guard contract. This committee recommends acceptance and approval of this report and the implementation of its recommendations. Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 7-87 was accepted and recommendations implemented. Councilmember Childs, Chairman of the Budget and Finance Co~mnittee, read Budget and Finance Committee Report No. 8-87 re- garding adoption of a Resolution to amend the Fiscal Year 1986-87 Operating and Capital Improvements Budgets as follows: Bakersfield, California, February 11, 1987 - Page 7 On June 25, 1986, the City Council approved Reso- lution 92-86 adopting the fiscal year 1986-87 Operating and Capital Improvements budgets. Since that time, the Council has taken a number of actions which have changed appropriations as originally stated in the budget. On December 10, 1986, the City Manager proposed the adoption of a resolution to appropriately account for these changes to appropriations and to consider several additional amendments to the fiscal year 1986-87 budget. As a matter of conformance to City accounting practices and budgetary controls, it is necessary that the budget be amended to reflect these changes. This item was referred to the Budget and Finance Committee by the City Council. The committee met with City staff and reviewed the proposed amendments. Of the proposed changes, the majority are related to actions approved previously by the City Council which include the appropriation of funds from Council Contingency, Special Assess- ment Bonds and Financings, and Buena vista Trunk Line (Laborde), the outfall line from Wastewater Treat- ment Plant #3, equipment acquisition financing, Civic Auditorium improvements financing, the facade program, the purchase of land for Harris and Akers Park, crime prevention at Lowell Park, the payment of the outstanding note for the American National Bank Building, toxic waste and underground tank remediation, and several other items addressed pre- viously by the Council. Staff reviewed several other proposed amendments with the committee. First, are several items re- ferred to the committee by the City Council for review, these include two items involving "in lieu" and capital lease payments which need to be reclas- sified to more appropriate account types, an addi- tional appropriation of $2,600 for crossing guard insurance, the transfer of $1,000,000 to the Self- Insurance Fund to partially reduce the City's cur- rent unfunded liability, and the appropriation of $206,000 of sequestered Community Development Block Grant funds to be used for loan programs. The committee reviewed these proposed appropria- tions and supports their implementation. The transfer to the Self-Insurance Fund is an important part of the City's plan to eliminate unfunded self- insurance liability. Thi.~ is required for contin- ued participation in the ACCEL self-insurance pool and to continue the City's ability to issue bonds. City staff was aware of the potential for using available fund balance for this purpose but wanted to confirm the actual amount upon completion of the audit of the City's annual financial statement before requesting the transfer. This is part of a multi-year plan to eliminate the self-insurance deficit of approximately $2.3 million. Finally, there are several additional items which will be acted on by the Council tonight. These include appropriations of $890,058 for the pro- posed salary settlements, which include $764,710 from the General Fund, and an additional appropri- ation for architectural fees for design of the City Hall South Wing addition. The committee sup- ports the appropriation o~ funds for these items pending their approval by the Council. Bakersfield, California, February 11, 1987 - Page 8 Therefore, based on this review, the committee rec- ommends that the City Council adopt the attached resolution to amend the fiscal year 1986-87 Operating and Capital Improvements budgets. This committee recommends acceptance and approval of this report and the implementation of its recommen- dations. Upon a motion by Councilmember Childs, Budget and Finance Committee Report No. 8-87 was accepted. Councilmember Childs made a motion to implement the rec- ommendations contained in Budget and Finance Committee Report No 8-87. ' Councilmember Dickerson made a substitute motion to approve the recommendations of Budget and Finance Committee Report No. 8-87 and then draw from unappropriated reserve the amount of money necessary to approve the storm drain in the Akers and Kennedy area as the number one item on the unfunded list. Upon a motion by Councilmember Ratty, the call for the question was approved. Mayor Payne restated Councilmember Dickerson's substi- tute motion, to draw from unappropriated reserves fund as the number one priority item, storm drains in the vicinity of Akers and Kennedy, in the approximate amount of $130,000.00. This motion failed by the following vote: Ayes: Noes: Absent: Councilmembers Christensen, Dickerson, Salvaggio Councilmembers Childs, Smith, Ratty, Moore None Councilmember Child's motion to implement the recommen- dations contained in Budget and Finance Committee Report No. 8-87 was approved by the following vote: Ayes: Noes: Absent: Councilmembers Councilmembers None Childs, Smith, Ratty, Moore, Salvaggio Christensen, Dickerson Councilmember Salvaggio clarified his vote, stating the reason he voted for the substitute motion was because of the Council's previous unanimous vote making the Akers/Kennedy storm drain the number one priority. The reason he voted for the main motion was because in the budget referred to in Budget and Finance Committee Report No. 8-87, money is transferred, the budget is re- conciled with monies spent for numerous items and he felt that the $130,000.00 was not that much in the scheme of things. He felt that the reason the $130,000.00 was not approved was because there was no legwork done prior to the meeting by Councilmember Dicker- son, and that the issue should have been referred to committee, some lobbying done, and the prior vote emphasized. Councilmember Christensen clarified his vote, stating that he is in accord to a large degree with some of what Council- member Salvaggio said and some of what Councilmember Dickerson said. Councilmember Childs clarified his vote, stating the reason he voted against the substitute motion was because the Council went on record to approve money appropriation for a storm drain and no one has changed position on that. Adoption of Resolution No. 22-87 of the Council of the City of Bakersfield amend- ing Resolution No. 92-86 approving and adopting the Operating, Capital Improve- ment and Redevelopment Agency Budget for the Fiscal Year 1986-87. Bakersfield, California, February 11, 1987 - Page 9 Upon a motion 22-87 of the Council of folowing vote: by Councilmember Childs Resolution No. the City of Bakersfield was adopted by the Ayes: Noes: Abstention: Absent: Councilmembers Childs, Smith, Councilmember Dickerson Councilmember Christensen None Ratty, Moore, Salvaggio Councilmember $alvaggio clarified his vote, stating that even though he supported the implementation of Budget and Finance Committee Report No. 8-87 and Resolution No. 22-87, it in no way diminishes his concern over the inconsistencies of what Council was told in July, 1986, of the need for three million dollars to undo a deficit, what Council was told at a recent workshop, and what the amplification of the mid-year financial report states. Councilmember Dickerson clarified his vote, stating he does not think it is appropriate to over-tax citizens. (Reports are continued on Page 12.) DEFERRED BUSINESS Upon a motion by Councilmember Dickerson, the following Deferred Business Agenda Items were moved forward on the agenda. Division of a Resolution of the Council of the City of Bakersfield setting salaries and related benefits for the officers and employees of the City of Bakersfield (Man- agement and Supervisory and Police Super- visory). Upon a motion by Councilmember Dickerson, was divided into three separate units: Management, Police Supervisory, by the following vote: the question Supervisory and Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Councilmembers Smith, Ratty, Moore None Salvaggio Adoption of Resolution No. 23-87 of the Council of the City of Bakersfield setting salaries and related benefits for officers and employees of the City of Bakersfield (Management Unit). Councilmember Moore stated for the record that he feels the community of Bakersfield is truly blessed by every one of the people serving the City, including management, supervisorial, as well as the rank and file people. In his three years plus as a Councilmember, he has found staff at any level, extra-ordinarily responsive in giving assistance, and he commended them, expressing his loyalty. He has worked for the last two years with the Council to bring City employees to parity with other communities of this size, which has meant large increases, and he feels parity has been accomplished. As a protector of the taxpayer's dollar, looking at a deficit budget for the City, seeing the economic sit- uation as it is within our community, seeing what private industry is having to do, or not do, in the way of salary increases, he feels very strongly, as he has consistently voiced from the be- ginning, that he cannot support anything more than the cost of living increase this year. Upon a motion by Councilmember Childs, Resolution No. 23-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, Smith, Ratty, Salvaggio Noes: Councilmembers Christensen, Moore, Dickerson Absent: None Bakersfield, California, February 11, 1987 Page 10 Adoption of Resolution No. 24-87 of the Council of the City of Bakersfield setting salaries and related benefits for officers and employees of the City of Bakersfield (General Supervisory Unit). Councilmember Dickerson clarified his vote on Resolution No. 23-87, stating he does not want his vote interpreted by Manage- ment personnel entirely as a vote of no confidence in them. He feels there are many wonderful management people in the City. He directed his comments to the City Manager. Upon a motion by Councilmember Childs, Resolution No. 24-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Smith, Dickerson, $alvaggio Councilmember Moore None Ratty, Adoption of Resolution No. 25-87 of the Council of the City of Bakersfield setting salaries and related benefits for officers and employees of the City of Bakersfield (Police Supervisory Unit). Upon a motion by Councilmember Childs, Resolution No. 25-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Abstention: Absent: Councilmembers Childs, Christensen, Salvaggio Councilmember Moore Councilmember Dickerson None Smith, Ratty, Councilmember Dickerson clarified his vote, since he is involved in an ongoing investigation, it priate for him to vote on Police Supervisory. stating that is not appro- Adoption of Resolution No. 26-87 of the Council of the City of Bakersfield approv- ing the Memorandum of Understanding set- ting salaries and related benefits for officers and employees of the Fire Unit of the City of Bakersfield. Upon a motion 26-87 of the Council of following vote: by Councilmember Ratty, Resolution No. the City of Bakersfield was adopted by the Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio Councilmember Moore None Smith, Ratty, Adoption of Resolution No. 27-87 of the Council of the City of Bakersfield approv- ing the Memorandum of Understanding set- ting salaries and related benefits for officers and employees of the Fire Super- visory Unit of the City of Bakersfield. Bakersfield, California, February 11, 1987 - Page 11 Upon a motion by Councilmember Ratty, Resolution No. 27-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Smith, Dickerson, $alvaggio Councilmember Moore None Ratty, Adoption of Resolution No. 28-87 of the Council of the City of Bakersfield approv- ing the Memorandum of Understanding set- ting salaries and related benefits for officers and employees of the Police Unit of the City of Bakersfield. Upon a motion 28-87 of the Council of following vote: by Councilmember Childs, Resolution No. the City of Bakersfield was adopted by the Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, $alvaggio Councilmember Moore None Smith, Ratty, Councilmember Salvaggio clarified his vote, stating he voted for all the recommended salary increases and was pleased to do so, although he had some reservations with certain top manage- ment positions in regard to salary. He feels the Council has made good continual progress in salary negotiations, but he wanted to make two points. Council was told by management and the negotia- tor that these salary increases would bring each of the employee groups in line with other Central Valley city pay schedules. Other cities around the state have been receiving anywhere be- tween 3% and 6% pay raises, according to the California Public Employee Relations Report, and Council did not give a 6% increase to any of these groups except the Fire Supervisory, which was mis- leading because 4% of that was cost of living, 1% was equity, bringing them in line with other employees of other cities, and 1.5% was for the Fair Labor Standard Act. Therefore, he feels the increases given tonight are not out of line. He also voted for the raises because almost every employee group, including manage- ment and general supervisory, has agreed to drug testing, indicat- ing an element of trust between management and non-management. And while Council settled for a one-year contract with the blue and white collar units, a 15-month contract with the police unit, and a 27-month contract with the fire unit and fire supervisory, were achieved, indicating stability and labor peace. Councilmember Dickerson clarified his vote, stating he supported all the salary increases with the exception of two. The City Police Department and Fire Department are excellent depart- ments and he looks at this not as a cost of living increase, but as a merit increase. He voted against SEIU's raise, dealing with each unit individually, not wanting to rubber stamp them. He feels valuable contract language was achieved. He feels drug testing is somewhat innovative to Bakersfield and good work was done. He echoed Councilmember Salvaggio's comments about breaking up the agreements in terms of time periods, which will be easier for Council to devote to each group its special needs, and treat them each in a more individual manner. He was grateful the Council was in full attendance for the vote on these resolutions. Councilmember Childs clarified his vote, stating that the Council does not deserve all the credit and praise in regard to the salary negotiations. The negotiator and the employees de- serve the credit. The employees came up with the packages they wanted, the negotiator, Mr. Avery, came up with counter proposals, and the Council reviewed and approved it, modified ~here possible, comp£omised when necessary. The employees and negotiator did the wo£k themselves. Bakersfield, California, February 11, 1987 - Page 12 Mayor Payne recessed the meeting at 11:00 p.m. The meeting reconvened at 11:15 p.m. REPORTS CONTINUED Councilmember Salvaggio, Chairman of the Personnel Com- mittee, read Personnel Committee Report No. 2-87 as follows: On January 19, 1987, and February 6, 1987, the Per- sonnel Committee met to discuss the City Manager's Report regarding the City Attorney's Audit. The report includes recommendations that would make changes to the City Attorney's Office in several different areas. Basically these changes fall into four different categories: Improving Communications Staffing Changes Defining the Role of the City Attorney Improving Office Procedures After reviewing the report, it is recommended that a Deputy City Attorney I and an Administrative Aide be added to the City Attorney's staff. In addition, dictation equipment and an alternative vehicle should be made available to the Investigator in the City Attorney's Office. An automated leqal re- search network and an upgraded telephone-system should also be added to the office. With regard to the Risk Management section, which was previously included in the City Attorney's Office, a Clerk Typist II should be added. This is consistent with the City Manager's report, the Main Hurdman report, and the analysis that was performed by UniRisk. The remaining recommendations in the City Manager's report should also be implemented. The committee will continue to look at those items recommended in the Main Hurdman report but not implemented at this time. These include continuing legal services to other cities, incentives for the Investigator, increased compensation for the attorneys, and add- ing an office supervisor. It will be the responsi- bility of the City Attorney to implement the recommendations included in the City Manager's report and inform Council in six months as to the status of the office. The cost of implementation will be $50,000. It is recommended that this report be accepted, that the recommendations included herein be approved, and that the transfer of $41,800 be made from the General Fund Contingency to the City Attorney's Office and a transfer of $8,200 be made from the General Fund Contingency to the Risk Management section. Upon a motion by Councilmember Salvaggio, Personnel Committee Report No. 2-87 was accepted. Councilmember Salvaggio stated for the record that he does not support legal services being offered to other cities, al- though he will vote for implementation of Personnel Committee Re- port No. 2-87. Upon a motion by Councilmember Salvaggio, the recommen- dations of Personnel Committee Report No. 2-87 were implemented. Bakersfield, California, February 11, 1987 - Page 13 CONSENT.CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 5326 to 5503 inclusive, in the amount of $550,298.23. b. Claims for Damages and Personal Injuries from the following: Marvin Dean, P.O. Box 1062; and Hartford Insurance Company for Anthony Lazzerini, 650 California Street, San Francisco. (REFER TO CITY ATTORNEY) Permanent Pipeline Easement from Banducci Enter- prises for the Sewer Outfall Line from Wastewater Treatment Plant No. 3 to I-5. de Application for Encroachment Permit from Richard Monahah, 2616 South "K" Street, for construction of a 3-foot retaining wall with a 4-foot fence along Dorian Drive and a 6-foot fence along South "K" Street behind the sidewalk at 2616 South "K" Street. Approval of Plans and Specifications for con- struction of Madison Street from 400 feet south of Planz Road to Watts Drive. Contract Change Order No. 1, widening of Coffee Road from Westfield Drive to Kern River and con- struction of A. C. Dike along Truxtun Avenue, Contract No. 85-103. Contract Change Order No. 2, repair of Primary Digester No. 1 at Wastewater Treatment Plant No. 2, Contract No. 86-20. h. Agreement to provide recreational activities for the following: 1. Crocheting Irene Jefferson. 2. Sewing Machine Embroidery - Rosalee Pelham. 3. Color Analysis, Make-up Techniques and Wardrobe - Julie Bueno. Amendment to Lease Agreement with County of Kern regarding Dr. Martin Luther King, Jr. Park Neighborhood Facility. Upon a motion by Councilmember Childs, Items a, b, c, d, e, f, g, h and i of the Consent Calendar were adopted by the fol- lowing vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None None Smith, Ratty, Moore, ACTION ON BIDS Upon a motion by Councilmember Dickerson, low bid from $. A. Camp Pump Co., in the amount of $61,999.00, for drilling, casing and pump testing Ashe Water Well No. 10, was accepted, all other bids rejected and the Mayor was authorized to execute the contract. Bakersfield, California, February 11, 1987 - Page 14 Upon a motion by Councilmember Christensen, low bid from Tescon, Inc., in the amount of $28,760.00 for reconstruction of the alley bounded by "K" Street, 14th Street, "L" Street and California Avenue, was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilmember Christensen, low bid from Central California Concrete Coring, Inc., in the amount of $21,140.80, for stripe removal on 34th Street and on Wilson Road, was accepted, all other bids rejected, and the Mayor authorized to execute the contract. Upon a motion by Councilmember Childs, low bid from Gilliam & Sons, Inc., in the amount of $9,005.00, demolition and removal of five substandard structures located at 917 10th St., 1106 10th St., 131 S. Owens St., 218 S. Brown St. and 332 $. Brown St., was accepted, all other bids rejected, and the Mayor was authorized to execute the contract. Upon a motion by Councilmember Christensen, low bids from Casa Moore Carpet, Inc., for $14,678.00 (carpet), and Dawn Company, Inc., for $5,750.00 (tile), for Police Department Carpet and Tile, were accepted and all other bids rejected. Upon a motion by Councilmember Childs, low bid from York International Corporation, in the amount of $5,302.39, for inspec- tion and repair of Air Conditioning Chiller, was accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 3087 New Series of the Council of the City of Bakersfield adding Section 17.10.020 I. and amending Section 17.66.020 B. 8. of the Bakers- field Municipal Code relating to real estate tract sales offices. This Ordinance was given first reading at the meeting of February 4, 1987. Upon a motion by Councilmember Moore, Ordinance No. 3087 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, $alvaggio None None Smith, Ratty, Moore, Adoption of Ordinance No. 3088 New Series of the Council of the City of Bakersfield amending Section 3.70.040 of the Bakers- field Municipal Code relating to service charges for parade services. This Ordinance was given first reading at the meeting of February 4, 1987. Upon a motion by Councilmember Moore, Ordinance No. 3088 New Series of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Noes: None Absent: None Childs, Christensen, Dickerson, Salvaggio Smith, Ratty, Moore, Bakersfield, California, February 11, 1987 - Page 15 Adoption of Resolution No. 29-87 of the Council of the City of Bakersfield making findings and certifying the Final Environ- mental Impact Report (EIR) for the pro- posed Sand Creek Golf Course. Upon a motion by Councilmember Salvaggio, Resolution No. 29-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Christensen, Smith, Ratty, Moore, Dickerson, $alvaggio Councilmember Childs None Adoption of Resolution No. 30-87 of the Council of the City of Bakersfield making findings and denying amendment to the Kern River Plan Element of the Bakersfield Metropolitan Area General Plan. Upon a motion by Councilmember Salvaggio, 30-87 of the Council of the City of Bakersfield was following vote: Resolution No. adopted by the Ayes: Councilmembers Christensen, Smith, Dickerson, Noes: Councilmembers Childs, Ratty, Moore Absent: None $alvaggio NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain prop- erties in the City of Bakersfield locat- ed in the Jefferson School/Alta Vista area and the Niles/Monterey Corridor Area. Upon a motion by Councilmember Moore, this Ordinance will be placed on the Agenda for April 8, 1987, for second reading. First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakeus- field Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located approximately 2,300 feet south of Highway 58, east of South Mt. Vernon Avenue from A (Agriculture) to M-1 (Light Manufactur- ing) Zone. First Reading of an Ordinance of the Council of the City of Bakersfield amending Title Seventeen of the Bakers- field Municipal Code by changing the Land Use Zoning of those certain properties in the City of Bakersfield located north of Niles Street, and east of Union Avenue from M-1 (Light Manufacturing) Zone and R-2 (Limited Multiple-Family Dwelling) Zone to C-2 (Commercial) Zone and C-1 (Limited Commercial) Zone. First Reading of an Ordinance of the Council of the City of Bakersfield amending the Casa Loma Specific Plan. Bakersfield, California, February ll, 1987 - Page 16 Adoption of Resolution of Intention No. 1020 of the Council of the City of Bakers- field declaring its intention to order the vacation of portions of "P" Street adjacent to Blocks 307 and 332 and the alleys within said blocks in the City of Bakersfield. This Resolution of Intention sets the date of hearing for March 11, 1987. Upon a motion by Councilmember Dickerson, Resolution of Intention No. 1020 was adopted by the following vote: Ayes: Councilmembers Noes: None Absent: None Childs, Christensen, Dickerson, $alvaggio Smith, Ratty, Moore, Adoption of Resolution No. 31-87 of the Council of the City of Bakersfield re- naming a portion of $illect Avenue to North Sillect Avenue. Upon a motion by Councilmember Dickerson, Resolution No. 31-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, $alvaggio None None Smith, Ratty, Moore, Approval of Agreement with Dokken Engi- neering for design of the Stockdale High- way Bridge widening and realignment. Upon a motion by Councilmember Moore, an Agreement with Dokken Engineering for design of the Stockdale Highway Bridge widening and realignment was approved. Approval of Amendment to Agreement No. 86-64 with Robert L. Clement Associates increasing the design fees for an addi- tion to South Wing of City Hall and appropriate $64,000.00 uncommitted Reve- nue Sharing funds. Upon a motion by Councilmember Christensen, Amendment to Agreement No. 86-64 with Robert L. Clement Associates increasing the design fees for an addition to South wing of City Hall and appropriate $64,000.00 uncommitted Revenue Sharing funds was approved by the following vote: Ayes: Councilmembers Childs, Christensen, Smith, Ratty, Moore, Dickerson None Councilmember Salvaggio None Noes: Abstention: Absent: Current Planning Commission Vacancy Councilmember Moore submitted the name of Joe Blanton as a nominee for the Planning Commission Vacancy. Councilmember Childs submitted the name of Able Hernan- dez as a nominee for the Planning Commission Vacancy. Bakersfield, California, February 11, 1987 - Page 17 Upon a motion by Councilmember Ratty, nominations for the Planning Commission vacancy were closed, and voting deferred to the meeting of February 25, 1987. Approval of Agreement for professional services with V. J. Pantuso Services, Inc., for preparing request for proposal and bid specifications for Catered Food Service and Concessions at the Civic Auditorium. Upon a motion by Councilmember Childs, an Agreement for professional services with V. J. Pantuso Services, Inc., for pre- paring request for proposal and bid specifications for Catered Food Service and Concessions at the Civic Auditorium was approved and the Mayor was authorized to execute the agreement. COUNCIL STATEMENTS Councilmember Salvaggio spoke regarding the Kern River Element Plan regarding Policy No. 3.1.3 (off-road vehicles). Councilmember Salvaggio made a motion that Council direct the City Manager and %he City Attorney's Office to come back to Council with an Ordinance complying with the policy in Kern River Element Plan. the Councilmember Salvaggio requested that a copy of a Memo- randum from Chief Price to City Manager Caravalho, regarding the Kern River Plan, be distributed to all Council members. Councilmember Salvaggio amended his motion to include all river property owned by the City. Councilmember Ratty made a substitute motion to refer Policy No. 3.1.3 (off-road vehicles) of the Kern River Element Plan to the Urban Development Committee for research and report back to the Council. Upon a motion by Councilmember Childs, the call for the question was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Smith, Ratty, Moore, Councilmembers Christensen, Dickerson None Salvaggio Councilmember Ratty's substitute motion to refer Policy No. 3.1.3 (off-road vehicles) of the Kern River Element Plan to the Urban Development Committee for research and report back to the Council was approved by the following vote: Ayes: Noes: Absent: Councilmembers Councilmembers None Childs, Ratty, Moore, Dickerson Christensen, Smith, Salvaggio Councilmember Dickerson clarified his vote, stating he felt the Council did not go through a proper role in trying to put forth the Sand Creek Project, and Council is attempting to set up to do the same thing with the Kern River Element Plan. He feels Council has other interests that are affected by the River that need to be dealt with in a prudent and appropriate fashion and those other interests need to have an opportunity for input. Bakersfield, California, February 11, 1987 Page 18 ADJOURNMENT There being no further business cil, upon a motion by Councilmember Ratty, journed at 12:02 a.m. to come before the Coun- the meeting was ad- ATTEST: MAYOR of the City of Bakersfield, Calif. CITY e of the City of Bakersfield, California df Council