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.
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