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