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HomeMy WebLinkAbout05/21/1986 MINUTES CCBakersfield, California, May 21, 1986 3 Minutes of a regular meeting of the Council of of Bakersfield, California, held in the Council Chambers Hall at 7:00 p.m., May 21, 1986. the City of City The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Reverend Steve Yeary of the First Assembly of God Church. The City Clerk called the roll as follows: Present: Mayor Payne. Councilmembers Childs, Christensen, Dickerson, Ratty, Salvaggio Absent: Councilmembers Moore, Smith MINUTES Upon a motion by Councilmember Childs, the minutes of the regular meeting of May 7, 1986, were approved as presented. PRESENTATION Mayor Payne presented a Certificate and a Plaque for Excellence in Financial Reporting Award to Gil Rojas, Assistant Finance Director. SCHEDULED PUBLIC STATEMENTS Jerry Dodd, 2328 Quincy Street, spoke regarding the proposed Sand Creek Golf Course. Bill Metheney, 2431 Ming Avenue, requested Council give consideration to location of Golden Empire Transit Busses on Hughes Lane. Mr. Metheney submitted a petition to the Clerk. Upon a motion by Councilmember Childs, Bill Metheney's request for Council consideration of busses on Hughes Lane was referred to the Urban Development Committee to meet as soon as possible. Bill Cooper, 7901 Debbs Avenue, of any public statements scheduled ~n the Sand Creek Golf Course. requested notification future regarding the Mayor Payne explained that Mr. Cooper of public statements sign up in the Council Chambers Council meeting. it would not be possible to notify since individuals are allowed to up to five minutes before the CORRESPONDENCE Upon a motion by Councilmember Ratty, communication from Arrache, Clark & Potter, 5401 California Avenue, Suite 301, dated May 7, 1986, formally registering protest on behalf of Mr. James G. Bailey for inclusion of his property in Annexation, Zoning Upon Annexation and Negative Declaration of Mt. Vernon No. 3, was received and referred to the Urban Development Committee. Upon a motion by Councilmember Childs, communication frown Dee Jaspar & Associates, 4520 California Avenue, Suite 220, dated April 16, 1986, requesting annexation of property located directly west of Allen Road, east of Jenkins Avenue, and generally south of Rosedale Highway, was referred to the Planning Commission for stuOy and recommendation. Upon a motion by Councilmember Childs, communication from Dee Jaspar & Associates, 4520 California Avenue, Suite 220, date0 May 17, 1986, requesting a General Plan Amendment for resi- dential and commercial use of property located directly south of Rosedale Highway, east of Jenkins Avenue and west of Allen Road, was referred to the Planning Commission for study and recommendation. Bakersfield, California, May 21, 1986 Page 2 Upon a motion by Councilmember Childs, communication from Centennial Capital, Inc., dated May 8, 1986, requesting a General Plan Amendment for commercial use and medium density resi- dential use for 282.6 acres bounded by Route 178, Morning Drive, College Avenue and the Transmission Line, was referred to the Planning Commission for study and recommendation. Upon a motion by Councilmember Christensen, com- munication from California Municipal Treasurers Association, dated April 25, 1986, announcing that William C. Descary has satisfac- torily completed all requirements necessary for certification as Municipal Treasurer, was received and placed on file. Upon a motion by Councilmember Christensen, communication from Martha L. Walters, 3301 Dwight Street, dated May 7, 1986, expressing her opinion regarding the proposed Kern River Golf Course, proposed fees, meeting times and City/County property pro- posal, was received and placed on file. Upon a motion by Councilmember Salvaggio, communication from Sequoia Engineering, Inc., 1430 Truxtun Avenue, Suite 909, dated May 15, 1986, requesting formation of a Maintenance District [or maintenance of masonry walls and landscaping in Tract 4895 generally located west of and adjacent to South "H" Street between Panama Lane and Arvin Edison Canal, was received and referred to the Public Works Department. Upon a motion by Councilmember Salvaggio, communication from Sequoia Engineering, Inc., 1430 Truxtun Avenue, Suite 909, dated May 15, 1986, requesting formation of a Maintenance District for maintenance of masonry walls, landscaping and park site in Tract 4875 generally located east of and adjacent to Monitor Street between Fairview Road and Panama Lane, was received and referred to the Public Works Department. Upon a motion by Councilmember Childs, Reverend Jimmy K. Roy was allowed to address the Council. Reverend Jimmy K. Roy, representing Loretta Jones, Executive Director of Trek M~nistries, advised the Council that the purpose of obtaining the property is for a drug abuse program. Upon a motion by Councilmember Childs, communication from Trek Ministries, Inc., P.O. Box 4265, dated April 21, 1986, requesting lease of City property, vacant fire stations, located in southeast Bakersfield, was received and referred to the Purchasing Department. COUNCIL STATEMENTS Upon a motion by Councilmember Childs, Ronald E. Jarrett, 3417 Glenridge, was appointed to the Planning Commission. Councilmember Childs ~nade a motion to set Council meetings for once a week; not to run over 11:00 p.m. and could only run past 11:00 p.m. if there is a unanimous vote of the Council to extend for one hour; if the business is not completed at the end of the one-hour, by unanimous vote of the Council, the agenda item would be continued the next day or at the next meeting; schedule the Redevelopment meetings every other week not lasting any later than 6:30 p.m., and could run past 6:30 p.m. with a unanimous vote of the Agency to extend for one hour. Councilmember Christensen requested a report back in t,~o weeks on a recommended agenda. Bakersfield, California, May 21, 1986 Page 3 Councilmember Childs made a motion to consider the issue of Council meetings an emergency item. This motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Councilmembers Ratty, Salvaggio Councilmembers Moore, Smith Dicgerson, Upon a motion by Councilmember Childs, the call for the question was approved. Councilmember Dickerson voted no. Mayor Payne restated Councilmember Childs' motion return to weekly meetings. This motion was approved with Councilmembers Ratty and Salvaggio voting no. to Councilmember Christensen made a motion that the Council allow for car mileage and a monthly allowance for car mileage based on comparative cities and the County for Councilmembers, and moved that this be voted upon tonight. Councilmember Christensen made a motion emergency ordinance that Councilmembers receive an car mileage. to consider an allowance for Mayor Payne stated the Council needed to divide the question, but first act upon the motion to consider Councilmember Christensen's request for a mileage allowance as an emergency matter. This motion was approved with Councilmember Ratty voting n 0. City Attorney Oberhoizer indicated that the motion is inappropriate and that the issue would have to be submitted to the electorate. Councilmember Childs requested with other Charter Cities to see if they mileage reimbursement to Councllme~nbers. the City Manager check have any fiat lees for Upon a motion by Councilmember Ratty, correspondence from Jim Scritchfield, 2813 Truxtun Avenue, regarding transients congregating in Jastro Park was referred to the Urban Development Committee. Mayor Payne indicated that the Against Drugs will be held Thursday, May and encouraged everyone to participate. "Just Say No" Walk 22, 1986, at 6:45 p.m. Mayor Payne read a letter from the California Municipal Treasurers' Association, dated April 25, 1986, and stated the Council is proud ot Mr. William C. Descary for obtaining cer- tification as Municipal Treasurer. City Manager Caravalho extended congratulations to Mr. Descary and indicated that Mr. Descary had worked very hard to bring the California Treasurers' Association Annual Meeting to Bakersfield. directed Descary. Upon a motion by Councilmember Dickerson, the Mayor was to prepare a letter of congratulations to Mr. William C. Mayor Payne indicated that a letter was received from Michael F. Harcourt, Mayor or VanCouver, British Columbia, requesting the City send something ~ndicative of Bakersfield to displayed during Expo '86 World Fair. be Upon a motion by Councilmember Childs, authorized to be expended for a City Flag to be British Columbia. $100 was sent to VanCouver, Bakersfield, California, May 21, 1986 - Page 4 REPORTS Councilmember Salvaggio, Chairman of the Personnel Committee, read Report No. 1-86 regarding Reclassifications and Changes in Job Specifications as follows: On April 30, 1986 and May 2, 1986, the Council Personnel Committee met to discuss five different topics. The first topic was the reclassification of three Park Maintainer I positions in the Parks Division to Light Equipment Operator, Park Maintainer II, and Spray Rig Operator. The reclassification of these three positions is the best approach for effectively maintaining the City's landscape districts. The City is currently using temporary employees to perform these duties. It is felt, however, that these permanent employees need to be included in this program to provide an adequate level of landscape maintenance in the landscape maintenance districts. The second topic discussed was a reclassification in the Manager's Office. A classification study was recently completed on the Secretary II position in the City Manager's Office. It was discovered during this study that the position is not strictly a secretary-clerical position. The job duties of this position include a combination of high-level secretarial work with particular assignments of administrative responsibilities. The appropriate classification for assignments of this nature is that of Administrative Aide. Accordingly, it is recommended that the Secretary II position be reclassified to that of Administrative Aide. The third topic discussed was a reclassification in the Police Department. A classification study was recently completed on the position of Community Crime Resistance Program Coordinator. This job is one that has been in existence for several years. It is funded exclusively through a state grant. During the last several years the duties of the job have expanded considerably. The job classification now requires that the incumbent manage City and State funds in the operation of the Crime Prevention Unit, set up and maintain crime sta- tistics, manage all of the various programs of the Crime Prevention Unit, and maintain a training program for law enforcement personnel regarding public awareness of the Crime Prevention Unit. It is the Committee's recommendation that this posi- tion be retitled a Crime Prevention Unit Coordinator, the job specifications be changed to be consistent with the job duties, and the salary range be augmented 14%. The fourth topic discussed was staff support to the Council. The committee recommends that this topic be considered during upcoming budget deliberations. The final topic discussed was the job specifica- tions for the Assistant to the City Manager posi- tion. Staff is preparing to announce an opening for the position of Assistant to the City Manager. This position is currently in existence and is being filled with a person in a lower classifica- tion. The Committee recommends that this job spe- cification be changed to be consistent with the duties the person filling the position will actually perform. Bakersfield, California, May 21, 1986 - Page 5 7 Upon a motion by Councilmember Salvaggio, Report No. 1-86 from the Personnel Committee regarding Reclassifications and Changes in Job Specifications was adopted. Councilmember Dickerson, Chairman of the Legislative Committee, read Report No. 5-86 regarding SCA 9 - Review of Parole Decisions as follows: At its April 2, 1986 meeting, the City Council referred to the Legislative Committee a letter from Senator Daniel Boatwright requesting support for Senate Constitutional Amendment 9. SCA 9 would grant the Governor authority to affirm, modify, or reverse parole board decisions concerning the release of convicted murderers. This ballot propo- sal is a response to recent controversial parole decisions involving highly-publicized murder cases. The Legislative Committee is of the opinion that the City Council can best influence legislative issues by taking positions only on local government matters which directly impact the City of Bakersfield Since criminal sentencing and parole decisions are beyond the purview of Bakersfield's City government, the Legislative Committee recommends that the City Council decline to take a position on SCA 9. Councilmember Dickerson indicated that he didn't he was present at the Committee meeting when the issue was discussed and when the report decided. believe Councilmember Dickerson made a motion to accept Report No. 5-86 from the Legislative Committee regarding SCA 9 Review of Parole Decisions and approve the recommendations. This motion was defeated. Councilmember Dickerson made a motion to refer Leglslatiw~ Committee Report No. 5-86 regarding SCA 9 Review of Parole Decision back to the Legislative Committee. This motion was defeated. Councilmember Ratty, Chairman of the Urban Development Committee, read Report No. 11-86 regarding Agreement with North Bakersfield Recreation and Park District as follows: All of the Rancho Laborde Annexation area is within the North Bakersfield Recreation and Park District. The District has expressed an interest in con- tinuing to serve this area north of the Kern River if we can enter into an agreement which is mutually satisfactory. As a condition of annexation, the Local Agency Formation Commission (LAFCO) required that the City and District reach agreement by June 9, 1986, for continued park and recreation services or if that falls that the City initiate detachment of the District from the City. There were four primary issues which the District felt should be resolved as a part of any agreement with the City. They were: 1. Quimby Act application and compliance; 2. Proper allocation of County tax revenues be- tween the City and the District; 3. Allocation of maintenance responsibilities; and 4. Legally effective waiver by the City of appointment powers under Public Resources Code sec- tion 5781.4 or its (City's) agreement not to exer- cise the same under specktied circumstances. Bakersfield, California, May 21, 1986 - Page 6 The agreement attached to this report addresses each of those issues as follows: 1. Parks or fees for parks shall be required by the City and transferred to the District. The District will plan and construct recreation and park facili- ties in accordance with the City's general plan. Parks for that area covered by the "Rancho Laborde Specific Plan" will be provided as shown on the plan and also required by the "Rancho Laborde Development Agreement." For the area not covered by the "Rancho Laborde Specific Plan" (i.e., south of Rosedale Highway) the City shall adopt an ordinance requiring 2.5 acres of park land per 1,000 popula- tion. 2. Tax allocations have been determined with this annexation for the City, County schools and other districts with the North Bakersfield Recreation and Parks District to continue receipt of property taxes at the same rate as before annexation. This agreement restates that situation. 3. Maintenance and operations shall be the sole responsibility of the District for District-owned facilities. The City (or maintenance district) shall be responsible for parkways in the street rights-of-way. 4. The appointment powers (Sec. 5781.4, Public Resources Code) referred to by the District provide that upon annexation the Mayor receives authority to appoint two members of the Board of Directors of the District. The agreement would defer the first appointment yo whenever the population of the area annexed reaches 14 percent of the District's popu- lation. The second appointment would be made when the annexed area's population reaches 28 percent of the district's. We feel that this arrangement should be acceptable since it would provide repre- sentation on the Board of Directors in proportion to the population served. In the meantime, and beyond, the City continues through this agreement and other authorities to work as partners with the District in the provision of parks and recreation for the area. Mayor Payne has indicated his concurrence on this temporary waiver of appoint- ments. IT IS RECOVD/IENDED that approved and the Mayor agreement. the attached agreement be be authorized to execute Deputy City Manager Strenn indicated that there is change to paragraph 3D on page 4 from "the district would be consulted if there were a change to the parks," to "the district should approve if there is a change to the parks." the a Upon a motion by Councilmember Ratty, the Agreement with North Bakersfield Recreation and Park District for Rancho Laborde Annexation was approved and the Mayor was authorized to execute the Agreement. Councilmember Childs, Chairman of the Budget and Finance Committee, read Report No. 14-85 regarding Deferred Compensation as follows: Bakersfield, California, May 21, 1986 Page 7 The current City salary resolution provides manage- ment and supervisory personnel with an employer provided deferred income contribution. Since the inception of the deferred compensation plan, this employer contribution has always been considered as compensation when calculating an employee's retire- ment benefits. In November of 1985, the Public Employers Retirement System (P.E.R.S.) made City staff aware that an employer provided deferred contribution is not compensation for retirement purposes and the City was not in compliance with State code. The City immediately changed its practice of reporting deferred income to P.E.R.S., and staff proceeded to research a solution to the problem of a reduction to retirement benefits. After exploring all options with representatives of affected employees and meeting with officials of P.E.R.S., the most viable solution is to change the salary resolution to reflect retroactively "rolling" the employer deferred income contribution for all noncontract employees into the salary sche- dule as of November 25, 1985, thus making all future deferrals the option of the employee and eligible for retirement calculation. This option will be of no substantive cost to the City and by retroactively "rolling" the deferred contribution into the salary schedule, employees who are planning to retire will not be adversely affected. Upon a motion by Councilmember Childs, Report No. 14-86 from the Budget and Finance Committee regarding Deferred Compensation was accepted and the recommendations implemented. (Further action was taken on this item on Page 20.) Councilmember Childs, Charrman of Committee, read Report No. 15-86 regarding for the Baker Street Plaza Project from the Enrlquez and Francis Beadle as follows: the Budget & Finance request for CDBG funds partnership of John The Baker Street area has been the subject of an extensive study over the past few months. That process has involved proprietors and community people from that area. An outcropping from the attention being given the area is a proposal from the Enriquez/Beadle part- nersh~p. They propose to acquire and rehabilitate the structure at 1010 Baker Street using a com- bination of funds from the City and the California Housing Finance Agency as well as their own funds. The purchase price for the property is $130,000. Therefore, based on staff's recommendation as con- tained in this report, our participation would amount to $65,000 plus our share of the escrow fees. The project as it is now proposed would consist of 9,315 sq. ft. of leasable space on the first floor and 16, 1-bedroom apartments with 8 each on the second and third floors. The majority of the building is currently vacant except for a restaurant/care on the first floor. Bakersfield, California, May 21, 1986 - Page 8 The projected rehabilitatlon cost is approximately $800,000 which is substantially greater than the "as is" appraised value of $130,000. This fact further underscores the need for an appraisal establishing and "after rehabilitation value" The partnership has recently experienced difficulty in obtaining an appraisal to establish the "after rehabilitation value" of the project. Without this information final negotiations on levels of par- ticipation cannot be concluded. The difficulty in obtaining an appraisal is the result of the work- load being experienced by the profession at this time. Since we have not been able to negotiate final levels of participation we have missed the escrow closing date for acquiring the property - that date was May 15, 1986. This means that the partnership will have to request a second extension for the close of escrow which they may not receive. These options are intended to overcome the time constraints that continue to occur as a result of the property being in probate. Staff has proposed two options which we are in agreement with. First, the partnership should attempt to secure a longer escrow period allowing sufficient time to fully develop their proposal. If they are unsuc- cessful, then the City would participate in the acquisition on a 50/50 basis. The terms of our participation would be that the partnership would purchase the City's interest in the project if we are unable to come to an agreement on the project within 6 months from this date. Furthermore, the partnership must supply collateral to the City in an amount equal to our participation in the acquisition that can be collected upon if nego- tiations fail. This collateral must be in a form acceptable to the City Attorney. We feel that this project will be beneficial to the community and are recommending the approval of the recommendations contained in this report. Upon a motion by Councilmember Childs, Report No. 15-86 from the Budget and Finance Committee regarding request for CDBG funds for the Baker Street Plaza Project from the partnership of John Enriquez and Francis Beadle was accepted and the recommen- dations implemented. Councilmember Ratty, read Report No. 16-86 from the Budget and Finance Committee regarding Community Development Block Grant Application (CDBG) for Fiscal Year 1986-87 as follows: The CDBG Application was reviewed by this committee on May 12, 1986. Staff presented information detailing the proposed use of funds and the City's entitlement amount for the new fiscal year which is $1,003,000. The budget contains funding for special studies and projects in the Baker Street area and the Enterprise Zone. The budget also contains $95,000 in program income for a total of $1,098,000 for personnel, operations and capital projects in fiscal year 1986-87. Bakersfield, California, May 21, 1986 - Page 9 The City's entitlement is 27.4% less than the current grant amount which is $1,382,000. This represents a loss of $379,000 that could have been used to fund new or existing programs. As a result of the budget cuts none of the $1,166,000 in requests from outside organizations are being recommended for funding. Funding of any of those requests would have had to occur at the expense of current commitments to projects in the Baker Street area, Enterprise Zone, East and Southeast Bakersfield. Further detail on the proposed expenditures by category is provided in attachments "A" and "B" submitted with this report for your review. In addition, we reviewed a request from the Bethany Service Center concerning funds currently budgeted for the rehabilitation of their Mission at 21st and Baker Streets. The letter informed the City that they will not be able to encumber those funds before the end of the current fiscal year and are requesting that the funds be reserved for the next fiscal year. In view of this occurrence and the fact that the Baker Street study has targeted the issue of the homeless for a special study, we are recommending that their request be denied. We recognize the plight of the homeless and wish to address it in a more coordinated and comprehensive approach and not on a spot basis. Therefore, we are recommending the following: 1. The Community Development Block Grant Budget and Application be approved and that staff be authorized to submit the application to HUD for approval and funding. 2. That the request from the Bethany Service Center be denied pending the completion of the Baker Street Study. Upon a motion by Councilmember Ratty, Report No. 16-86 from the Budget and Finance Committee regarding Community Development Block Grant Application (CDBG) for Fiscal Year 1986-87 was accepted and the recommendations approved. Councilmember Ratty read Report No. Budget and Finance Committee regarding Change Rates as follows: 17-86 from the in Towing Service On March 19, 1986, the City Council referred a request from Highland Towing and Salvage for a revision of the rate schedule applicable to towing services in response to Police Dispatch. This item was referred to the Budget and Finance Committee for review. The committee has met with Donna J. Bookout and other representatives of the towing industry as well as staff to review the current rate structure and the requested increases. The representatives from the towing companies expressed that the need for an increase was due to increased insurance costs and differences in charges between those of the Bakersfield Police Department and the Highway Patrol. Bakersfield, California, May 21, 1986 - Page 10 The committee has met with staff, including repre- sentatives from the Bakersfield Police Department, and reviewed information on towing rates in other cities. Pursuant to our study, this committee suggested various rate changes we felt to be appropriate and discussed these with the tow truck operators who concurred with our recommendations. Therefore, this committee recommends that the City Council adopt the resolution amending the rate schedule applicable to towing service in response to Police Dispatch. Upon a motion by Councilmember Ratty, from the Budget and Finance Committee regarding Service Rates was accepted. Report No. 17-86 Change in Towing Upon a motion by Councilmember Ratty, Resolution No. 48-86 of the Council of the City of Bakersfield amending the Rate Schedule Applicable to Towing Service in response to Police Dispatch was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio None Councilmembers Moore, Smith Dickerson, Ratty, Councilmember Childs, Chairman of the Budget and Finance Committee, read Report No. 18-86 regarding Request from the Beale Library for a contribution for the Auditorium as follows: On April 16, 1986, the City Council referred to the Budget and Finance Committee a request from the Kern County Library for a $250,000 contribution towards a 300 seat auditorium to be located at the new Beale Library. This auditorium will be called the City of Bakersfield Memorial Auditorium. The committee has met with the Director of the Kern County Library, Robert E. Cannon, and discussed the Library's request. The committee expressed several concerns regarding the contribution. First was the ability to fund the request of $250,000, given the City's current financial obligations. Mr. Cannon responded that the Library could phase the amount of the contribution over several years. Second was the addition of a City of Bakersfield Memorial Auditorium in such close proximity to the Bakersfield Civic Auditorium might be confusing to the general public. It was noted that the City has participated from the outset in getting the Library built and that this committee is interested in supporting the fur- nishing of the Library and supports continued efforts in working with the County in the Library and other projects downtown. Therefore, this com- mittee recommends that this request from the Kern County Library for a possible City contribution be included as part of the 1986-87 budget process for review and consideration by this Council. Upon a motion by Councilmember Childs, Report No. 18-86 from the Budget and Finance Committee regarding Request from the Beale Library for a contribution for the Auditorium was accepted and action deferred until more information is available. Councilmember Childs, Chairman of the Budget and Finance Committee, read Report No. 19-86 regarding Cost Control System Revenue Study as follows: Bakersfield, California, May 21, 1986 - Page 11 The City Council on April 30, 1986, referred to the Budget and Finance Committee the Cost/Revenue Study. The Council requested that the committee come back to Council with recommendations of ways to proceed with the report and recommendations as how to get feedback from those who will be impacted by the report. The committee has met with staff and discussed the importance of the integration of the recommen- dations of the Cost/Revenue Study with the proposed 1986-87 budget and has proposed the attached calen- dar for review of the Cost/Revenue Study and the Fiscal Year 1986-87 budget hearings. The committee recommends that the Cost/Revenue Study be presented at workshops where individual sections of the report would be discussed with those interest groups being affected by those recommendations. Staff would notify any affected groups so they would have knowledge of the workshops and be able to attend. Following the workshops on the Cost/Revenue Study, the Budget and Finance Committee would meet to review the City's proposed budget and return its recommendations to the City Council for budget hearings in the later part of June so that the budget could be adopted prior to Fiscal Year 1986-87. Therefore, this committee recommends the City Council accept this report and approve the recom- mendations contained herein. Upon a motion by Councilmember Childs, Report No. 19-86 from the Budget and Finance Committee regarding Cost Control System Revenue Study was accepted and the recommeadations approved. Assistant City Manager Pulskamp read Report No. 15-86 from the City Manager regarding Risk Management Program as follows: For some time now, the City has been in the process of implementing a comprehensive Risk Management program. A recruitment for an Administrative Analyst I was begun in July 1985 to seek a person to perform this function. When no qualified can- didates were recruited, Council authorized staff to recruit for the higher level position of Risk Manager. An aggressive recruitment process was then conducted between January and March of 1986. Again, the City was unable to attract the type of individual it was seeking. Since so many agencies are now having trouble securing insurance, indivi- duals with expertise in this field are very dif- ficult to attract. The City has, therefore, yet to hire a person to perform this function. As a result, Bakersfield was recently disqualified from membership in an insurance pool in which the City had been trying to gain entry. The reason given for the City's ineli- gibility was its failure to provide for "designated Risk Management programs and personnel." The situation was further complicated when the City's broker informed us that the City's insurance poli- cies terminate on July 1, 1986 and will not be renewed. Bakersfield, California, May 21, 1986 - Page 12 This problem is one with which many cities are currently grappling. Staff feels that the best way to proceed is to gain membership in an insurance pool. The pool with which staff has been working has indicated that the City could participate if it shows a commitment towards reducing its liability. Specifically, they want to see a commitment of staff and resources to the issue. Staff has solicited proposals from several firms which could help set up a comprehensive program. The best firm is UniRisk which would provide the City with the experience and resources needed to address this issue. One of the City's current staff members would then be assigned to work with the consultants to learn about this field of knowledge. The intent of this method is to have the benefits of the expertise a consultant can pro- vide us to deal with the immediate needs mixed with the advantages of developing a current staff person to deal with the long range aspects of this issue. Accordingly, staff recommends that the City Council authorize the City Manager to execute a one-year contract not to exceed $53,000 with UniRisk to deal with the City's Risk Management Program. Funds are available due to the vacant Risk Manager position. Upon a motion by Councilmember Ratty, City Manager Report No. 15-86 regarding Risk Management Program was accepted and the recommendations implemented. City Manager Caravalho read City Manager Report No. 16-86 regarding Proposition 51 as follows: Proposition 51 is a ballot initiative of tremendous interest to the City of Bakersfield. Although the City Council has expressed an interest in taking a formal position on Proposition 51, the Legislative Committee has been unable to meet on this matter in time to take action prior to the June 3 Election. Therefore, I would like to offer my own analysis and recommendation on this important issue. At present, the legal doctrine of joint and several liability means that when more than one defendant is involved in a persona[ injury suit and any of the defendants is unable to pay, the remaining defendants must pay 100% of the judgment. As a result of this deep-pocket doctrine, the City of Bakersfield is often required to pay huge judgments for cases in which the City has little or no responsibility. For example, earlier this year the City and its insurers were ordered to pay almost all of a $3 million dollar award in a case involving a driver who struck a pedestrian in a crosswalk. The City was deemed partially respon- sible for this accident because the light didn't stay green long enough. As a result, under the "deep-pocket" doctrine, the City was considered responsible for the entire judgment in excess of what the negligent driver could pay. Proposition 51 seeks to correct this inequity by limiting the payment of non-monetary judgments according to each defendant's degree of fault as determined by the court. Non-monetary awards such as mental anguish, pain and sutfering are often the largest portion of judgments. Bakersfield, California, May 21, 1986 Page 13 Under Proposition 51, out-of-pocket expenses such a medical bills will continue to be dealt with as they are at present under the joint and several liability doctrine. This assures that a plaintiff wi]] be able to recover actual costs incurred regardless of the plaintiff's degree of fault. It is my opinion that Proposition 51 will help eli- minate one of the legal inequities which has resulted in public entities being subject to ever- increasing risk exposure. I strongly urge the City Council to support Proposition 51. Councilmember Ratty made a motion to support Proposition 51. This motion was approved. Councilmember Salvaggio abstained. RECESS Upon request of Councilmember Christensen, the meeting was recessed at 8:40 p.m. The meeting was reconvened at 8:55 p.m. City Manager Caravalho made an oral presentation regarding the 1986-87 Operating Budget and the Capital Improvement Budget. He indicated that the total Operating Budget for 1986-87 is $140.7 million. Upon a motion by Councilmember Ratty, report from the City Manager regarding 1986-87 Operating Budget and Capital Improvement Budget was referred to the Budget and Finance Committee for discussion and consideration. City Clerk Williams presented an oral report regarding Castro No. 4 Annexation stating that 1,156 protests were signed by qualified electors, constituting 51.4% of the electors residing within the territory, and 154 protests were not sufficient. Upon a motion by Councilmember Ratty, the City Clerk's report was accepted. Upon a motion by Councilmember Ratty, Resolution No. 49-86 of the Council of the City of Bakersfield making findings regarding Value of Written Protest filed and not withdrawn, and terminating Proceeding No. 887, Annexation No. 306 (Castro No. 4), was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio None Councilmembers Moore, Smith Dickerson, Ratty, Upon a motion by Councilmember Childs, moved forward, and the hearing on Resolution of was heard as the first item. Hearings were Intention No. 1002 HEARINGS This is the time set for public hearing on Resolution of Intention No. 1002 of the Council of the City of Bakersfield declaring its intention to vacate Robinson Street between Sumner Street and the alleys in Blocks 97 and 98 of Kern Division in the City of Bakersfield. Mayor Payne declared the hearing open for public par- ticipation. Stuart Ragsdale, of Ragsdale Refrigeration, 1125 Sumner, spoke in support of the vacation. Bakersfield, California, May 21, 1986 Page 14 No protest 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 a motion by Councilmember Childs, Resolution No. 50-86 of the Council of the City of Bakersfield ordering the vaca- tion of Robinson Street between Sumner Street and the alleys in Blocks 97 and 98 of Kern Division in the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Childs, Dickerson, Ratty, Noes: None Absent: Councilmembers Christensen, Moore, Smith, Salvagglo This is the time set for public hearing before the City Council on an appeal by DOUGLAS HANKINS to the decision of the Board of Zoning Adjustment granting a Conditional Use Permit to Leland H. Reeves to allow the operation of a day care center for 50 children and five staff members in conjunction with a church in an R-3-CH (Limited Multiple Family Dwelling-Church) Zone located at 25 Garnsey Avenue. Mayor Payne declared the hearing open for public par- ticipation. Lee Reeves, Pastor of the church, 25 Garnsey Avenue, spoke in support of the Conditional Use Permit. No 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 a motion by Councilmember Ratty, the appeal by Douglas Hankins was denied and the decision of the Board of Zoning Adjustment was upheld by the following roll call vote: Ayes: Councilmembers Childs, Dickerson, Ratty, Noes: None Absent: Councilmembers Christensen, Moore, Smith Salvaggio This is the time set for public hearing before the City Council on an appeal by JOHN PAUL WHITE to conditions of approval by the Board of Zoning Adjustment of his Conditional Use Permit allowing a retail flower and plant nursery in a C-O-D (Commercial and Professional Office-Architectural Design) Zone located at the southeast corner of Oak Street and 24th Street. Mayor Payne declared the hearing open for public par- ticipation. appeal. John Paul White, P.O. Box 1871, spoke in support of the No 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. Councilmember Ratty made a motion that the fence height be adjusted; some permanent type of health facility and paving be provided; and work with Public Works Director Hawley regarding paving and toilet facilities. Bakersfield, California, May 21, 1986 - Page 15 17 Councilmember Ratty amended his motion that parking be as required by Ordinance; paved parking spots as required by Ordinance; fencing would be as is; the public facility would be as meets City/County specifications; Council finds proposed use is essential and desirable to the public peace and we]fare and that the proposed use is in harmony with the elements and objectives of the General Plan. This motion was approved by the following roll call vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio None Councilmembers Moore, Smith Dickerson, Ratty, CONSENT CALENDAR The following items were listed on the Consent Calendar: Approval of Warrant Nos. 7138 to 7533, inclusive, in the amount of $1,592,909.94. b. Claim tor Damages and Personal Injuries from the following: 1. Cristino DeLeon, 8020 Vera Avenue; 2. Frank A. Vaughn, 6005 Chicory; 3. Doris Jean Fulmer, 1800 Shamrock Way; 4. Shelly Shipp, 3926 Columbus. (REFER TO CITY ATTORNEY) c. Dedication ot Property: Street Right-of-Way Deed trom Carl P. and Pamela Seely for additional right-of-way at the northeast corner of Ashe Road at Ellis Avenue· Sewer Line Easement from Kenneth B. Payne for construction of sewer line adjacent to East Calitornia between Miller and Haley Streets. d. Notice of Completion and Acceptance of Work on: Concrete Block Pumphouse, Contract No. 86-38, with California Improvement Company, Inc., for Ashe Water Pump Station No. 17. Contract between the City of Bakersfield and Calitornia Water Service to provide emergency electrical power to the City's Panorama Radio Tower. Upon a motion by Councilmember Childs, Items a, b, c, d, and e of the Consent Calendar were adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Childs, Chr}stensen, Salvaggio None Councilmembers Moore, Smith Dickerson, Ratty, Bakersfield, California, May 21, 1986 - Page 16 ACTION ON BIDS Upon a motion by Councilmember Christensen, low bid from L.N. Curtis and Sons, in the amount of $17,872.66, for breathing apparatus for Fire Department was accepted. Councilmember Dickerson was absent. Upon a motion by Councilmember Christensen, usual bidding requirements were dispensed with in accordance with Section 3.20.060 of the Municipal Code, and the Finance Director was authorized to negotiate a price with Motorola Communications for Motorola radio equipment for Police and Fire Departments, not to exceed $59,560.00. Councilmember Dickerson was absent. Upon a motion by Councilmember Christensen, low bid from Tommy's Trailer Sales, in the amount of $6,610.52, for an equipment trailer was accepted and all other bids rejected. Councilmember Dickerson was absent. Upon a motion by Councilmember Christensen, low bids from Pursuit Specialties (2 items) in the amount of $8,556.32, Adamson Industries (2 items) in the amount of $8,327.36, and F. Morton Pitt (4 items) in the amount of $4,771.70, for Police vehicle equipment (seats, light bars and shields), were accepted and all other bids rejected. Councilmember Dickerson was absent. DEFERRED BUSINESS Adoption of Ordinance No. 3040 New Series of the Council of the City of Bakersfield amending Sections 5.06.060 A. and B. of the Bakersfield Municipal Code relating to Adult Bookstores. Th~s Ordinance was given first reading at the meeting of May 7, 1986. Upon a motion by Councilmember Salvaggio, Ordinance No. 3040 New Series of the Council of the C~ty of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio None Councilmembers Moore, Smith Dickerson, Ratty, Adoption of Ordinance No. 3041 New Series of the Council of the City of Bakersfield amending Section 17.06.020 of Chapter 17.06 (Zoning Map) of the Municipal Code of the City of Bakersfield regarding pre- zoning or property known as the California State College Annexation. This Ordinance was given first reading at the meeting of May 7, 1986. Upon a motion by Councilember Ratty, Ordinance No. 3041 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio None Councilmembers Moore, Smith Dickerson, Ratty, Bakersfield, California, May 21, 1986 Page 17 Adoption of Ordinance No. 3042 New Series of the Council of the City of Bakersfield Denying Appeal and Amending Title Seventeen of the Bakersfield Municipal Code Changing the Land Use Zoning of those certain Properties in the City of Bakersfield located at the southwest corner of Columbus and Haley. This Ordinance was given first reading at the meeting May 7, 1986. Upon a motion by Councilmember New Series of the Council of the City of by the following roll call vote: Ratty, Ordinance No. 3042 Bakersfield was adopted Ayes: Counci Noes: Counci Absent: Counci lmembers Christensen, Dickerson, lmembers Childs, Salvaggio lmembers Moore, Smith Ratty, Adoption of Ordinance No. 3043 New Series of the Council of the City of Bakersfield Amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain pro- perties in the City of Bakersfield located near East Hills Drive and Sill Place, Tract 3836. This Ordinance was given first reading at the meeting of May 7, 1986. Upon a motion by Councilmember Childs, Ordinance No. 3043 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Childs, Christensen, Salvaggio Noes: None Absent: Councilmembers Moore, Smith Dickerson, Ratty, Adoption of Ordinance No. 3044 New Series of the Council of the City of Bakersfield Amending Title Seventeen of the Bakersfield Municipal Code by changing the Land Use Zoning of those certain pro- perties in the City of Bakersfield located on the southeast corner of South Owens Street and V~rginia Avenue. This Ordinance was given first reading at the meeting of May 7, 1986. Upon a motion by Councilmember Childs, Ordinance No. 3044 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Counci Noes: None Absent: Counc~ lmembers Childs, Christensen, Salvaggio lmembers Moore, Smith Dickerson, Ratty, NEW BUSINESS First Reading of an Ordinance of the Council of the City of Bakersfield Adding Section 17.06.060 to the Bakersfield Municipal Code Relating to Zoning by Specific Plan. Bakersfield, California, May 21, 1986 - Page 18 First Reading of an Ordinance of the Council of the City of Bakersfield Amending Title Seventeen of the Bakersfield Municipal Code by Changing the Land Use Zoning of those certain pro- perties in the City of Bakersfield com- monly known as 6000 Stine Road. First Reading of an Ordinance of the Council of the City of Bakersfield amending Sections 15.64.350, 15.64.360, 15.64.370, 15.64.380 and 15.64.390 of the Bakersfield Municipal Code regarding duties and organization of Bureau of Fire Prevention. Adoption of Resolution No. 51-86 of application of the Council of the City of Bakersfield proposing proceedings for annexation of territory to the City of Bakersfield identified as Annexation No. 310 (CALIFORNIA STATE COLLEGE). Upon a motion by Councilmember Ratty, Resolution No. 51-86 of the Council of the City of Bakersfield was adopted by following roll call vote: the Ayes: Councilmembers Childs, Christensen, Salvaggio Noes: None Absent: Councilmembers Moore, Smith Dickerson, Ratty, Adoption of Resolution No. 52-86 of the Council of the City of Bakersfield requesting the Board of Supervisors of the County of Kern to order the con- solidation of a General Municipal Election, submitting to the electors residing within the territory designated as City of Bakersfield Annexation No. 305 (CURRAN NO. 3) the question of whether the order of annexation shall be con- firmed, with the State-Wide General Election to be held on Tuesday, November 4, 1986, and setting forth the exact form of the question to be voted upon at such election as the same is to appear on the ballot. Upon a motion by Councilmember Salvaggio, 52-86 of the Council of the City of Bakersfield was following roll call vote: Resolution No. adopted by the Ayes: Counci Noes: None Absent: Counci lmembers Childs, Christensen, Salvaggio lmembers Moore, Smith Dickerson, Ratty, Adoption of Resolution No. 53-86 of the Council of the City of Bakersfield requesting approval of Resolution of Intention and boundary map and Consent to the Undertaking of Proceedings for the Acquisition of Sewer Facilities Improve- ments - Wastewater Treatment Plant No. 3 Outfall Pipeline. Bakersfield, California, May 21, 1986 - Page 19 Upon a motion by Councilmember Ratty, Resolution No. 53-86 of the Council of the City of Bakersfield was adopted by following roll call vote: the Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio None Councilmembers Moore, Smith Dickerson, Ratty, Adoption of Resolution No. 54-86 of the Council of the City of Bakersfield amending Resolution No. 44-86 relating to the Rancho Laborde Annexation. Upon a motion by Councilmember Childs, Resolution No. 54-86 ot the Councl! of the City of Bakersfield was adopted by following roll call vote: the Ayes: Noes: Absent: Councilmembers Childs, Christensen, Salvaggio None Councilmembers Moore, Smith Dickerson, Ratty, City/County F~re Agreement - 5 Year Review On May 7, 1980, the City of Bakersfield and the County of Kern entered into a Joint Powers Agreement (JPA) for Fire Protection Services known as Agreement No. 80-70 (Exhibit A). Paragraph 15 of the JPA states, "The legislative bodies of the County of Kern and the City of Bakersfield shall periodically review the operation of this agreement in joint session, such joint review to take place not later than every five years and sooner If feasible." The Bakersfield City Fire Chief and Kern County F~re Chief have reviewed the provisions of the JPA and the Joint City County Intergovernmental Relations Committee Report No. 2-82 of March 3, 1982 (Exhibit B), and the addendum to Report No. 2-82, November 30, 1982 (Exhibit C), and Memorandum of Understanding dated October 1985 (Exhibit D), and herewith submit their report. Upon a motion by Councilmember Childs, the City/County F~re Agreement 5 Year Review was adopted. Councilmembers Moore and Smith were absent. Amendment (Panorama Agreement to Assessment District No. Highlands) Reimbursement (Agreement No. 86-67). 86-1 Upon a motion by Councilmember Ratty, Amendment to Assessment District No. 86-1 (Panorama Highlands) Reimbursement Agreement (Agreement No. 86-67) was approved and the Mayor was authorized to execute the agreement. Agreement with Roland Woodruff, Attorney at Law, for legal services. Upon a motion by Councilmember Christensen, Agreement with Roland Woodruff, Attorney at Law, was approved and the Mayor was authorized to execute the agreement. Sewer Extension Reimbursement Agreement with Lu and Sons Company, Inc. Upon a motion by Councilmember Salvaggio, Sewer Extension Reimbursement Agreement with Lu and Sons Company, Inc., was approved and the Mayor was authorized to execute the agreement. o~) BakersI'ield, California, May 21, 1986 - Page 20 Upon a motion by Councilmember Childs, the City Attorney was authorized to prepare a resolution for salary adjustments in order to implement Budget and Finance Committee Report No. 14-86. This motion was adopted by the following roll call vote: Ayes: Noes: Absent: Abstaining: Councilmembers Childs, Christensen, None Councilmembes Moore, Smith Councilmember Dickerson Ratty, Salvaggio ADJOURNMENT There being no t'urther business to come before the Council, upon a motion by Councilmember Christensen, the meeting was adjourned at 10:20 p.m. MAYOR oI' the City of Bak~'rst'ield, ATTEST: CITY CLERK and Ex Ot'l'icio Clerk or' the Council of the City of Bakerst'ield, California Calif. CW:rg