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HomeMy WebLinkAbout12/02/1987 MINUTES CCBakersfield, California, December 2, 1987 Minutes of the Special Meeting of the Council of the City of Bakersfield, California, for the purpose of a Workshop held in the Council Chambers of City Hall at 5:25 p.m. December 2, 1987. ' The meeting was called to order by Mayor Payne. Present: Mayor Payne. Absent: None Councilmembers Childs, DeMond, Smith, Ratty (seated at 5:35 p.m.), Peterson (seated at 5:50 p.m.), McDermott, Salvaggio 2010 GENERAL PLAN City Manager Caravalho made an opening statement regard- ing the 2010 General Plan. Planning Director Hardisty presented background on the 2010 General Plan process. Principal Planner Hand presented a history of the 2010 General Plan and a description of the draft plan. ADJOURNMENT There being no further business cil, upon a motion by Councilmember Ratty, the meeting at 6:30 p.m. to come before the Court- Mayor Payne adjourned ATTEST: MAYOR of the City of Bakersfield, Calif. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California. df Bakersfield, California, December 2, 1987 Minutes of the Regular Meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., December 2, 1987. The meeting was called to order by Mayor Payne followed by the Pledge of Allegiance and Invocation by Chaplain Ed Meissner of the First Assembly of God Church. Present: Absent: Deputy City Clerk Gafford called the roll as Mayor Payne. Councilmembers Childs, DeMond, Ratty, Peterson, $alvaggio None PRESENTATION follows: Smith, McDermott, On behalf of the Council and staff, Former Vice-Mayor Childs presented CeCe Younger with an engraved plaque. PUBLIC STATEMENTS Jim Sida, President of the Kern Law Enforcement Asso- ciation, 1350 Norris Road, spoke requesting ambulance dispatch be based on the closest unit available rather than the rotation system. Jeffrey Brown, 901 Pershing Street, spoke regarding unincorporated areas of Bakersfield. Clay Woodgate, General Manager of Kern County Firefight- ers Union, spoke regarding ambulance dispatch and requested this item be moved forward on the Agenda. Troy Davis, Treasurer of Citizens field Leadership, 225 Chester Avenue, Suite ambulance dispatch. The following members of the Homeless Task Force spoke in support of andapplying for Stewart B. McKinney Funds to be used for a Day Center for the homeless in Bakersfield: David Cooper, of Greater Bakersfield Legal Assistance, 615 California Avenue; Chuck Cunningham, 5404 Panorama Drive; Donald Kaylor, 200 19th Street. Court, Edward Watts, Bakersfield City Firefighter, 2109 Earlene spoke regarding ambulance dispatch. (Public Statements are continued on Page 3.) NEW BUSINESS Dispatch of Emergency Ambulance Service. by Councilmember Peterson, the issue of Emergency Ambulance Service was moved forward on the Upon a motion Dispatch of Agenda. for Better Bakers- 218, spoke regarding Mayor Payne read a proclamation declaring December 1987 as CeCe Younger Month in recognition of her award for Outstanding Rider in the 1987 Mercedes Show Jumping Championship. Bakersfield, California, December 2, 1987 - Page 2 Councilmember Peterson read a ~tatement regarding dis- patching of ambulance service as follows: As I and other citizens of Bakersfield have come to understand all too clearly, the dispatching of ambulances in emergency situations within Greater Bakersfield is a disaster. The present method of rotating calls between the area's two providers means that, when lives hang in the balance, the nearest available ambulance may not be the one dis- patched to aid the victims. The potential consequences of this flawed system have been sadly driven home by events of the past few weeks. While our primary concern must be the protection of lives and the prevention of tragedy, we, as City oftlcials, cannot ignore the issue of liability. The likelihood that we will be called to task in a significant way faces this City every day that the present system is left intact. We must act and we must act immediately. In December, 1985, the Kern County Emergency Medical Services Agency issued a report outlining the advantages and disadvantages of various methods for dispatching ambulances. The only advantages to the rotation system were that it equalizes call volume and financial gain for ambulance companies, doesn't affect private calls to companies, is sim- ple to administer and doesn't require a change in the system. Our government, which is established to protect the public health, safety and weltare, has created a system of responding to life-or-death situations which is based upon the financial gain ot private businesses and simplicity of administration. That, in my view, was a grave error and must be corrected immediately. There are a variety of methods by which a closest available ambulance dispatch system may be esta- blished. Some of these are more expensive and more complicated than others, yet may or may not be more effective. Also complicating the issue is the responsibility of the County of Kern for dispatch- ing in the metro area. They are planning to study the situation again. While I fully agree with the need to study all alternatives in order to ultimately develop the most effective method for dispatching ambulances, and I believe it must be coordinated with the County, I am convinced that the status quo should not be retained in the interim. The cost of a sin- gle life is too great a price to pay for inaction. Therefore, I would ask that the Council adopt a motion which would contain the following provi- sions: That the City Council immediately order City dispatchers to dispatch the nearest available ambulance in all emergency situations to the greatest degree practicable at the present time. Bakersfield, California, December 2, 1987 - Page 3 That we request a report back immediately out- lining the steps taken to implement this sys- tem. That we formally advise the County of our ac- tion and request that they take similar steps in order to achieve conformity within the Greater Bakersfield area. That the issue be referred to the Intergovern- mental Relations Committee, that they partici- pate in the study being undertaken by the County and that they strive to report back to the full Council within 30 days with recommen- dations for establishing the most effective system for dispatching the nearest available ambulance in emergency situations. This Council has and will continue to address a variety of serious issues confronting our City. But, in my view, none is as important as one such as this that literally can mean the difference bet- ween life and death. We must act to correct this situation and we must do so now. When lives hang in the balance there is no time for delay. Mayor Payne restated Councilmember Petersoh's motion, to adopt the procedure to have Council require that nearest available ambulance be dispatched to respond to emergency situations with an immediate report back outlining steps to implement this system; that the County be requested to initiate similar action within the Greater Bakersfield area; and that the Intergovernmental Relations Committee study, with the County, the issue of emergency dispatch of ambulances and report back to the Council in 30 days. This motion was approved. (New Business is continued on Page 16.) Mayor Payne recessed the meeting at 7:50 p.m. The meet- ing was reconvened at 7:55 p.m. PUBLIC STATEMENTS Dennis Fox, 918 Blossom, spoke regarding Off-Road Vehi- cles in the Kern Riverbed. Pat Ryan, 2828 Alturas Drive, spoke regarding the State of California Off-Road Vehicle Green Sticker Fund. HEARINGS This is the time set for public hearing on an appeal by Jon Paul White to the decision of the Board of Zoning Adjust- ment placing conditions on his Condi- tional Use Permit request to allow the growth of pumpkins and the sale of Christmas Trees and pumpkins at 2300 Oak Street, zoned Commercial and Profession- al Office. City Manager Caravalho gave a report of staff's meeting with Mr. White at his Christmas Tree lot. Mayor Payne declared the hearing open for public parti- cipation. Bakersfield, California, December 2, 1987 - Page 4 271 Jon White, owner of White's Winter Wonderland, 710 Morning Drive, thanked Council and staff for their help and con- sideration, distributed diagrams of his proposed project at 24th and Oak Streets, and stated he would abide by the agreement made between him and City Manager Caravalho and spoke regarding the duration of his involvement at the 24th and Oak Streets site. Wes Davies, 2211 Elm Street, spoke in support of Jon White's Christmas Tree Lot, but requested an amendment which would stipulate a 10:00 p.m. closing time for his microphone and radio. No protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public por- tion of the hearing for Council deliberation and action. Councilmember Childs made a motion to grant Jon White's appeal to the Board of Zoning Adjustment for a period of three years subject to the following conditions: At least five parking spaces will be provided on site. They need not be paved. 2. Any work in the public right-of-way will require a permit from the City. The "wooden beam barrier" on the 24th Street side of the property will allow for access at approximately two-thirds of the way east of the 24th and Oak Street intersection. 4. Flashers shall be provided for traffic control. 5. Oil the soil to control water and mud from getting on the pavement. 6. "Santa Claus" will be co'fined to the fenced pro- perty where the t~ees are located. 7. Signage is subject to approval by the City Manager. Provide utility plans as a part of plan check to the Building Inspection Division for approval and per- mits. Provide the city with a $2,000 certified check or bond that will be rebated to the applicant after he has cleaned the property by January 30 following each sale season. 10. The permit shall be for the sale of pumpkins and Christmas trees for 1987. ll. The radio and sound system shall be turned off at 10:00 p.m. Councilmember Childs amended his motion to include that Jon White and staff get together and work out the problems asso- ciated with growing pumpkins on the site at 24th and Oak Streets. Upon a motion by Councilmember Ratty, the call for the question was approved. 272 Bakersfield, California, December 2, 1987 - Page 5 Mayor Payne restated Councilmember Childs' motion, to grant Jon White's appeal to the Board of Zoning Adjustment for a period of three years, subject to conditions set by staff, includ- ing a 10:00 p.m. radio and sound system curfew, and problems asso- ciated with growing pumpkins on the site at 24th and Oak Streets are to be worked out by Jon White and staff. This motion was approved by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio Noes: None Absent: None Peterson, This is the time set for public hearing on an appeal by Raymond A. Sanders to the decision of the the Board of Zoning Adjustment denying his application of modification for the elimination of the required off-street parking in an R-1 (One Family Dwelling) Zone, on that cer- tain property commonly known as 2719 Blade Avenue. Mayor Payne declared the hearing open for public parti- cipation. appeal. Raymond Sanders, 2719 Blade, spoke in support of his No protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public por- tion of the hearing for Council deliberation and action. Upon a motion by Councilmember Smith, Raymond A. Sanders' appeal to the decision of the Board of Zoning Adjustment was re- ferred to the Urban Development Committee for further evaluation and recommendation and continued to the Council meeting o~ January 6, 1988. This is the time set for public hearing regarding amendments to the Land Use Element and associated rezoning of the Bakersfield Metropolitan Area General Plan and proposed environmental docu- ments concerning the following areas: SEGMENT I: MARTIN-MCINTOSH engineering on behalf o~ several property owners has applied to amend the Bakersfield Metropolitan Area General Plan Land Use and Circulation Element as follows: Industrial to Low Density Residential on 6.8 gross acres, Medium Density Residen- tial on 248.2 gross acres, Commercial on 108 gross acres, and Open Space on 15.5 gross acres. The project also proposes realignment of future expressway designa- tion to the southerly edge of the project area. The project area is located west of Coffee Road to Calloway Road, south of the A.T. & S.F. Railroad to the Cross Valley Canal. Planning Director Hardisty gave an overview of Segment I. Bakersfield, California, December 2, 1987 Page 6 Mayor Payne declared the hearing open for public parti- cipation. Engineer Roger Mcintosh of Martin-Mcintosh, representing property owners, spoke in support of Segment I. Arthur Unger, 2815 LaCresta Drive, spoke in opposition to Segment I. Engineer Roger Mcintosh spoke in rebuttal in support of Segment I. Arthur Unger, 2815 LaCresta Drive, spoke in rebuttal in opposition to Segment I. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing ~or Council deliberation and action. Councilmember Ratty made a motion to approve Segment I. Nayor Payne stated that hearings on all Segments are heard before action is taken. Upon an inquiry by Councilmember McDermott, Planning Director Hardisty stated that upon approval ot Segment I, the changes to the General Plan Amendment would be recommended for the Bakerstield 2010 General Plan. (Action on Segment I is on Page 8.) SEGMENT II: DICK FOSTER has applied to amend the Land Use Element of the General Plan from Low Density Residential to Commercial on .98 acres located at the northeast corner of Panama Lane and Fortune Street and street closure of Fortune Street between Panama Lane and Tomlinson Street. Planning Director Hardisty ga~e an overview of Segment II. Mayor Payne declared the hearing open for public parti- cipation. Civil Engineer Jim Delmarter, representing the property owners, spoke in support of Segment II. Odel Sherrill, 3001 Tomlinson, spoke in opposition to Segment II and stated he has a petition signed by 100 property owners who do not want to see closure o~ Fortune Street. Arthur Dolan, 3117 Jackie Court, spoke in opposition to Segment II. David Ewert, 3105 Fortune, spoke in opposition to Segment II. Civil Engineer Jim Delmarter spoke in rebuttal in sup- port ot Segment II. Mark Dickerson, 5404 Krista Street, spoke in regarding sale of alcohol and needed park site in area Segment II. rebuttal involved in Larry Taylor, spoke regarding a solution to the problem of parking and closure of Fortune Street. 274 Bakersfield, California, December 2, 1987 - Page 7 Mary Litell, 1208 Monique Avenue, spoke in rebuttal re- garding a proposed restaurant serving alcoholic beverages in the area involved in Segment II. Arthur Dolan, 3117 Jackie Court, spoke in rebuttal in opposition to Segment II. David Ewert, 3105 Fortune Street, spoke in rebuttal in opposition to Segment II. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Councilmember McDermott made a motion not to adopt Seg- ment II subject to the closure o~ Fortune Street and if the Gen- eral Plan Amendment is approved, any future building or commercial development in the area of Segment II not be allowed to serve alcoholic beverages. Mayor Payne stated that hearings on all Segments are heard before action is taken. Councilmember McDermott made a motion to vote on each Segment at the conclusion of each hearing. Mayor Payne restated Councilmember McDermott's motion, to deviate from the existing procedure and deal with each Segment separately. Councilmember Salvaggio requested Councilmember McDermott amend his motion, that a vote be taken on Segment I immediately following the vote on Segment II. Councilmember McDermott's amended motion to vote on each Segment at the conclusion of the hearing on each Segment, and vote on Segment I following the vote on Segment II, was approved. Councilmember McDermott made a motion to adopt the General Plan Amendment with all the appropriate language with the changes that Fortune Street not be closed, and that any ~uture commercial zoning on the corner of Panama Lane and Fortune Street prohibit the serving of alcoholic beverages. Upon Interim City Attorney Saalfield's suggestion, Councilmember McDermott amended his motion to bring back the Reso- lution, document it with the conditions modified to eliminate any reference to, and to be compatible with, the fact that Fortune Street won't be closed, and pick up at that time the additional condition that serving alcohol be prohibited. Councilmember Childs made a substitute motion to bring back the Resolution, document it with the conditions modified to eliminate any reference to, and to be compatible with, the fact that Fortune Street won't be closed, and give the developer and the Planning Department time to come up with some kind of settle- ment. Mayor Payne restated Councilmember McDermott's motion to adopt a Resolution making findings, adopting negative declaration and approving Segment II Amendment to the General Plan, and Councilmember Childs' substitute motion to address concerns rela- tive to the on-premise sale of alcoholic beverage. Upon the advice of Interim City Attorney Saalfield, Councilmember Childs acknowledged his substitute motion that the alcoholic beverage issue can be addressed at the time a PCD Zone, which would be a condition of this approval, comes back before the Planning Commission and before the Council. Bakersfield, California, December 2, 1987 - Page 8 Upon consent from Councilmembers McDermott and Childs, Mayor Payne stated that the substitute motion is an amendment to Councilmember McDermott's main motion. Councilmember McDermott's motion, to adopt the General Plan Amendment with all the appropriate language and with the changes that Fortune Street would not be closed and that the alco- holic beverage issue be addressed before the Council at the time the PCD Zone goes to the Planning Commission, was approved by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, $alvaggio Noes: None Absent: None Peterson, Adoption of Resolution No. 222-87 of the Council of the City of Bakersfield making findings, adopting Statement of Overriding Considerations, and approving Segment I of Proposed Amendment to the Land Use and Circulation Elements of the Bakers- field Metropolitan Area General Plan (Land Use and Circulation Elements Amendment 3-87). Upon a motion by Councilmember Salvaggio, Resolution No. 222-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio Noes: None Absent: None Peterson, SEGMENT IV: GRACECO, representing Highland Assembly of God of Bakersfield, has applied to amend the Land Use Element of the General Plan from High Density Residential to Commercial on 2.29 acres located at 2660 Oswell Street, south of State Highway 178 and north of Bernard Street. Planning Director Hardisty gave an overview of Segment II. Mayor Payne declared the hearing open for public parti- cipation. ~ Architect Gary Olsen of GRACECO spoke in support of Segment IV. Egan Gost, property owner in the 2660 Oswell Street area and real estate appraiser, spoke in opposition to Segment IV. Duncan Buttinger, 642 Shanus Lane, Encinitas, represent- ing East Bakersfield Associates, owners o~ East Hills Mall Pro- ject, spoke in opposition to Segment IV. Architect Gary Olsen spoke in rebuttal in support of Segment IV. Egan Gost spoke in rebuttal in opposition to Segment IV. Duncan Buttinger spoke in rebuttal in opposition to Segment IV. 276 Bakersfield, California, December 2, 1987 - Page 9 No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. David McWhorter, 8012 Dottie Court, representing GRACECO~. was allowed to answer questions. Councilmember Smith made a motion to adopt a Resolution making findings, adopting Negative Declaration and approving Segment IV with conditions to the Land Use Element. Councilmember Ratty made a substitute motion to deny GRACECO's application to amend the Land Use Element of the General Plan from High Density Residential to Commercial on 2.29 acres located at 2660 Oswell Street, south of State Highway 178 and north of Bernard Street. Mayor Payne restated Councilmember Ratty's motion, to adopt Resolution making findings, adopting Negative Declaration and denying Segment IV. This motion failed by the following vote: Ayes: Councilmembers Childs, DeMond, Ratty, Noes: Councilmembers Smith, Peterson, McDermott, Absent: None Salvaggio Adoption of Resolution No. 223-87 of the Council of the City of Bakersfield making finds, approving Negative Declaration and approving Segment IV of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 3-87). Councilmember Smith's motion to adopt Resolution No. 223-87 of the Council of the City of Bakersfield was approved by the following vote: Ayes: Councilmembers Smith, Peterson, McDermott, Noes: Councilmembers Childs, DeMond, Ratty Absent: None Salvaggio SEGMENT VI: CITY OF BAKERSFIELD requests to amend the Bakersfield Metropolitan Area General Plan on a portion of the pro- ject area from Kern County General Plan designation of 5.4 (maximum 4 units net acre) on 87.13 +/- acres to City Low Density Residential located south of Panama Lane, north of Hosking Road and easterly of South Union Avenue. (Con- current zone change ~4647 implements Proposed General Plan Amendment). Mayor Payne declared the hearing open for public parti- cipation. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing tor Council deliberation and action. Bakersfield, California, December 2, 1987 Page 10 277 Adoption of Resolution No. 224-87 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment VI of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 3-87). Upon a motion by Councilmember Salvaggio, Resolution No. 224-87 of the Council of the City of Bakersfield was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio None None Peterson, SEGMENT IX: CITY OF BAKERSFIELD requests to amend the Bakersfield Metropolitan Area General Plan to add Open Space designa- tion to 140 +/- acres located one-half mile south of Panama Lane, one-half mile east of Cottonwood Road for the purpose of sewer farm expansion (con- current prezoning #4651 implements proposed amendment). Mayor Payne declared the heariDg open for public parti- cipation. No protests or objections being received, and no one wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council deliberation and action. Adoption of Resolution No. 225-87 of the Council of the City of Bakersfield making findings, adopting Negative Declaration and approving Segment IX of Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan (Land Use Amendment 3-87). Upon a motion by Councilmember McDermott, Resolution No. 225-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, Salvaggio None Councilmember Ratty Peterson, McDermott, This is the time set for hearing protests as required by Resolution of Intention No. 1035 and Resolution No. 193-87 to construct certain improvements (streets, sewers, water mains and storm drains) in proposed Assessment District No. 86-1 (Panorama - Highland). Mayor Payne declared the protest hearing open for public participation. No protests being received, Mayor Payne closed the pub- lic portion of the hearing for Council deliberation and action. Bakersfield, California, December 2, 1987 - Page 11 Adoption of Resolution No. 226-87 of the Council of the City of Bakersfield order- ing certain changes and modifications to the Engineer's Report in a Special Assessment District. Upon a motion by Councilmember Smith, Resolution No. 226-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, $alvaggio None Councilmember McDermott Smith, Ratty, Peterson, Adoption of Resolution Council of the City of approving Contract No. ship of improvements. No. 227-87 of the Bakersfield 87-291 for owner- Upon a motion by Councilmember Smith, Resolution No. 227-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, $alvaggio None Councilmember McDermott Smith, Ratty, Peterson, Adoption of Resolution No. 228-87 of the Council of the City of Bakersfield con- firming the Assessment, ordering the improvements made, together with appur- tenances and approving the Engineer's Report. Upon a motion by Councilmember Smith, Resolution No. 228-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, $alvaggio None Councilmember McDermott Smith, Ratty, Peterson, REPORTS Councilmember Ratty, Chairperson of the Budget and Finance Committee, read Budget and Finance Committee Report No. 37-87 regarding Convention Bureau Reorganization as follows: On July 15, 1987, the City Council approved Budget and Finance Report No. 25-87 which recommended cer- tain changes to the structure of the Bakersfield Convention Bureau. At that time, the Council also approved Agreement No. 87-244 with the Convention Bureau contingent on the implementation of the pro- posed reorganization. Since that time, circum- stances have arisen which preclude the adoption of the new structure for the Convention Bureau Board of Directors proposed by the City Council and required by the agreement. In order to expedite the continued operation of the Convention Bureau beyond the January 1, 1988 deadline for implementa- tion required by the agreement, an alternative structure has been proposed. This structure would be as follows: Bakersfield, California, December 2, 1987 - Page 12 4 - Hotel/Motel Industry 4 - Members at Large 1 - City Manager or Representative 1 - Civic Auditorium 1 - Kern County Fair 11 Total Board Members Elected by Membership Elected by Membership Appointed by City Appointed by City Appointed by Fair As the new structure has been unanimously supported by the current Convention Bureau Board, has been approved by the Convention Bureau membership, and is acceptable to representatives from the Convention and Tourism task force, this Committee recommends that the Mayor be authorized to execute an amendment to Section 6 of Agreement No. 87-244 between the City of Bakersfield and the Bakersfield Convention Bureau to reflect this new structure. Upon a motion by Councilmember Ratty, Budget and Finance Committee Report No. 37-87 was accepted, recommendations implemen- ted and the Mayor authorized to execute Agreement No. 87-292. Report No. 26-87 from the Urban Develop- ment Committee regarding Off-Road Vehicle Use. Councilmember McDermott, Chairperson of t~e Urban Development Committee stated that the Urban Development Committee would be meeting Friday, December 4, 1987, and Report No. 26-87 would be available at the Council meeting of December 9, 1987. Councilmember Salvaggio made a motion that when the Urban Development Committee meets with staff on December 4, 1987, that they review the draft ordinance and consider deleting Section 10.82.010.A., the exceptions clause, pursuant to a letter from the Principal Planner of the County of Kern stating that the excep- tions clause is not consistent with the Kern River Plan Element. This motion was approved. Upon a motion by Councilmember Smith, Report No. 2-87 from the Intergovernmental Relations Committee regarding northwest Bakersfield sewer services was considered an item that arose after the Agenda was prepared. Councilmember Smith, Chairperson of the Intergovernmen- tal Relations Committee, read Intergovernmental Relations Commit- tee Report No. 2-87 regarding Northwest Bakersfield Sewer Services as follows: The Intergovernmental Relations Committee met on November 30, 1987, to discuss this matter. The Committee reviewed the letters proposed by staff, made suggested revisions, and requested that this matter be put on the City Council Agenda for the meeting of December 2, 1987. It is our recommendation that the City Council approve the attached letter (see below) and author- ize the Mayor to sign and send it to the Kern County Board of Supervisors with copies to appro- priate agencies. Bakersfield, California, December 2, 1987 - Page 13 Proposed Letter to Kern County Board of Super- visors from Mayor Payne regarding Northwest Bakersfield Sewer Services: This letter is in response to the action taken by the Board of Supervisors at the regular meeting on October 19, 1987 regarding Northwest Bakersfield Sewer Services. The City of Bakersfield is committed to serving all areas within its Sphere of Influence with waste- water treatment facilities. In addition, as dis- cussed in the Study prepared by Engineering Science, the NORSD could also easily convey all its flow to the City's Wastewater Treatment Plant No. 3. Therefore, we question the need to construct a new treatment plant at this time. Wastewater Treatment Plant No. 3 is capable of pro- viding sewer capacity for the urban area within the City's Sphere of Influence to the year 2000 and beyond. At that time, a new plant may be con- structed at Highway I-5 for areas both north and south of the Kern River. The Plant being proposed by the County could not serve the area south of the Kern River. It makes good governmental sense to limit the num- ber of treatment plants in the urban area. This is due to economic, environmental, and planning reasons. Limiting the number of plants is consis- tent with the Draft 2010 Plan and provides for sys- tematic and orderly growth, as was requested by the City in a letter to the Board of Supervisors on July 16, 1987. In a letter to the Board of Supervisors on July 20, 1987, we provided preliminary estimates of costs to serve the area within the Sphere of Influence and NORSD, if they so desire, at a $25 million cost. This is one-half of the cost shown on Table 4-1 and 4-2 of the Engineering Science Report for all other alternatives. We wonder why this cost of the Bakersfield alternative is not shown along with the other alternatives, as was done on Table 4-3 of the Environmental Summary? Little information is available regarding the new alternative, yet the Board has approved it. We request that a fiscal analysis, environmental impact report, and a review period be completed prior to proceeding with the project. The City's Sphere of Influence which was estab- lished in 1977, includes the Rosedale area west to Allen Road and north to 7th Standard Road. State law requires the City to adopt a comprehensive plan for development within this sphere. The City has a sewer trunk line in place and has sold bonds in excess of $5 million to oversize the sewer line to serve the area within its Sphere of Influence and is depending on payment of connection fees from the area. The City believes that what you are proposing is a duplication of service within the City's Sphere of Influence at a cost much greater than that which can be provided by the City. Bakersfield, California, December 2, 1987 - Page 14 The City is currently involved in a comprehensive General Plan update (Plan 2010). That plan addresses our concerns for air and water quality, urban sprawl, and policies that induce growth. This sewerage decision must take these factors into consideration. As stated in the Engineering Science Report, we believe the construction of a wastewater treatment plant west o~ Bakersfield would induce growth in that area. This would increase air quality problems by encouraging people to live ~urther away from their places of work. Your staff recently mentioned at an Intergovern- mental Relations Committee Meeting that land use decisions were a critical element with regard to air quality. We believe that a decision which would induce growth west of the City's Sphere of Influence would exacerbate current air quality problems. There are other environmental concerns, such as preservation of agricultural lands, traffic con- gestion, and the impact on the City's Kern River 2800 Acre water spreading area, which need to be addressed. The City is of the opinion that this decision would create urban sprawl and make it more difficult and costly to provide needed services, creating longer trips for police and sanitation, and requiring greater infrastructure in terms of miles of streets, services, water lines, etc. In addition, there are economic considerations that would fur- ther damage our efforts to strengthen our downtown core. At the Board's hearing, it was stated that the first phase (constructing the conveyance facili- ties) will cost $14 million and that the County and NORSD presently have available $4 million each. Where will the other $6 million come from and who will pay? Will it be from the residents within CSA 71 who will not be allowed to connect to the line? Will the money come from people within the City's Sphere of Influence? We hope that answers to these questions could be made public~ before a decision is finalized. The City of Bakersfield requests answers to these concerns and an opportunity to appear before your Board to discuss the County's proposed siting of a wastewater treatment plant and disposal facility. We further request that no action be taken toward the implementation of your October 19, 1987, action until the City and County have an opportunity to come to a mutually agreeable understanding on this matter. Thank you for your consideration. We would appre- ciate an early response to our comments and ques- tions. Councilmember Smith made a motion that Intergovernmental Relations Committee Report No. 2-87 be accepted. Bakersfield, California, December 2, 1987 - Page 15 City Manager Caravalho suggested that the last sentence of the letter be amended as follows: We would appreciate a response to our comments and questions within 30 days as we intend requesting an appearance before the Regional Water Quality Control Board to explain our concerns. Councilmember Smith's motion to accept Intergovernmental Relations Committee Report No. 2-87 was approved. Upon a motion by Councilmember Smith, the recommenda- tions of Intergovernmental Relations Committee Report No. 2-87 were implemented. CONSENT CALENDAR The following items were listed on the Consent Calendar: a. Approval of Warrant Nos. 3063 to 3539 inclu- sive, in the amount of $1,848,997.78. Communication from Kern Federal Credit Union, 1717 Truxtun Avenue regarding the sale of liquor at the Civic Auditorium. (RECEIVE AND REFER TO THE AUDITORIUM AND COMMUNITY SERVICES COMMITTEE) Co Communication from Bill Humphrey, 3608 Panorama Drive, regarding lease of Central Park Pool. (RECEIVE AND REFER TO AUDITORIUM AND COMMUNITY SERVICES COMMITTEE) d. Claims for Damages and Personal Injuries from the following: 1. Loree B. Farnsworth, 3001 Idaho Street; 2. Pacific Gas and Electric Company, 1401 Fulton Street, Fresno; 3. Josefat Ambris Mendoza, 618 Haley Street; and 4. Truck Insurance Exchange, P.O. Box 799, Merced. (REFER TO CITY ATTORNEY) e. Notices of Completion and Acceptance of Work for the following projects: Drilling, Casing and Pump Testing Ashe Water Well No. 20, Contract No. 87-208, completed on October 28, 1987. was Constructing Concrete Block Pumphouse and Furnishing and Installing Electrical and Mechanical Equipment for 2800 Acre Inter- face Project Water Well No. 1, Contract No. 87-94, was completed on November 4, 1987. Tract No. 3892, Units C, D, & E, located at or near Bernard and Oswell, Contract No. 79-044, was completed on November 16, 1987. Bakersfield, California, December 2, 1987 - Page 16 Parcel Map No. 8383, located at or near Schirra Court and Mexicali Drive, Contract No. 87-166, was completed on November 17, 1987. Traffic signal located at State Highway 178 and Fairfax Road, Contract No. 87-155, was completed on November 20, 1987. Corporation Yard Entrance Security Gate, Contract No. 87-196, was completed on November 20, 1987. fe Dedication of property and Grant Deed to Kern Union High School District granting property underlying public street right-of-way for Mr. Vernon Avenue and Quantico Avenue adjacent to district property located southerly of State Freeway 58. Grant a Right-of-Way to Pacific Gas & Electric Company for power lines which will serve five water extraction deepwells within the City's 2800 Acre Groundwater Recharge Facility. Agreement No. 87-293 with the Panama School District for after-school activities. i. Agreement No. 87-294 with the Bakersfield City School District for after-school activities. Contract sanitary No. 87-1 Road, in 87-251. Change Order No. 1 - Construction of a sewer system for Assessment District (South Jenkins Road to Buena Vista the City of Bakersfield), Contract No. k. Contract Change Order Nos. 59, 60, 65 & Supple- ments A & D, Union Avenue Overhead, Contract No. 85-250. 1. Uncollectable Accounts Receivable Property Damage Self-Insurance Program. Upon a motion by Councilmember Smith, Items a, b, c, d, e, f, g, h, i, j, k and 1 of the Consent Calendar were approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, Ratty, McDermott, Salvaggio None None ~ Peterson, ACTION ON BIDS Upon a motion by Councilmember McDermott, 14 items were awarded to Arbor Nursery, Inc., in the amount of $2,953.16, and 12 items to Bill Heisey Sales in the amount of $5,020.96, for re- placement trees in Assessment Districts, and all other bids rejected. NEW BUSINESS First Reading of an Ordinance 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 o£ property known as Berkshire No. 3 Annexation. Bakersfield, California, December 2, 1987 - Page 17 First Reading of an Ordinance 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 of property known as Panama No. 8 Annexation. Adoption of Resolution No. 229-87 of the Council of the City of Bakersfield estab- lishing Site Control and Cleanup Authority for Hazardous Material Spills. Upon a motion by Councilmember Childs, Resolution No. 229-87 Of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio None None Ratty, Peterson, Adoption of Resolution No. 230-87 of the Council of the City of Bakersfield pro- viding for the adjustment of property tax revenues upon local ~gency jurisdic- tional change resulting' from Annexation No. 316, LAFCO Proceeding No. 949, Buena Vista No. 3. Upon a motion by Councilmember Ratty, Resolution No. 230-87 of the Council of the City of Bakersfield was adopted by the following vote: Ayes: Noes: Absent: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio None None Ratty, Peterson, Amendment to Agreement No. 87-8 increas- ing the loan limits for Westminster Ceramics. Upon the absence of Mayor Payne, Vice-Mayor Smith chaired the meeting. Upon a motion by Councilmember Childs, the Amendment to Agreement No. 87-8 was referred to the Budget and Finance Commit- tee for their next meeting. Amendment Agreement No. 87-295 to exist- ing City/County/SEEZ Contract No. 87-48 extending term and providing additional funds. Upon a motion by Councilmember Salvaggio Contract No. 87-295 was approved and $18,500.00 in Community Development Block Grant Funds was appropriated to pay the City's share of a six- month contract. Acquisition Agreement No. 87-296, Grant Deed and Quitclaim Deed for mobile home and appurtenances thereto located in De-Rancho-Y Mobile Home Villa, 6201 Wible Road. Bakersfield, California, December 2, 1987 - Page 18 Upon a motion by Councilmember Peterson, Acquisition Agreement No. 87-296 was approved, the Grant Deed and Quitclaim Deed accepted and the Mayor authorized to execute Agreement No. 87-296 by the following vote: Ayes: Councilmembers Childs, DeMond, Smith, McDermott, Salvaggio Noes: None Absent: None Ratty, Peterson, Submission of Applications for Stewart B. McKinney (Homeless Funds). Councilmember Childs made a motion to authorize staff to submit applications ~or Stewart B. McKinney funds. Mayor Payne returned to Chair the Meeting. Upon Councilmember McDermott's request, Assistant City Manager Pulskamp stated that the Intergovernmental Relations Com- mittee will report back to the Council regarding the Homeless Task Force Committee Report. Councilmember Childs' motion to authorize staff to sub- mit applications for Stewart B. McKinney funds was approved. CLOSED SESSION Upon a motion by Councilmember Ratty, the meeting was recessed to a Closed Session at 11:40 p.m. as follows: Closed Session pursuant to Government Code Section 54956.9(a) regarding Sand Creek Associates vs. City of Bakersfield, Terry L. Moreland vs. City of Bakersfield, Kenneth Lewis vs. City of Bakersfield and Lewis and Fallertl vs. City of Bakersfield; Closed Session pursuant to Government Code Section 54957 regarding Labor Negotiations with City o~ Bakersfield's Chief Negotiator Bill Avery; and Closed Session pursuant to Government Code Section 54957 regarding Personnel Matters - City Attorney's Office. ADJOURNMENT There being no ~urther business to come before the Coun- cil, upon a motion by Councilmember Childs, the meeting adjourned at 2:33 a.m. MAYOR of the City of/Bakersfield, ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California Calif. df