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HomeMy WebLinkAbout07/13/1994 MINUTES CCBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 13, 1994 WORKSHOP- 5:15 P.M. Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. ROLL CALL ACTION TAKEN Present: Absent: Mayor Price, Council Members Edwards, DeMond, Smith, Brunni, Rowles (seated at 5:27), Salvaggio (seated at 5:37) Council Member McDermott LOT MODIFICATIONS AND WALL HEIGHTS IN RESIDENTIAL ZONES. Planning Director Hardisty provided clarification of proposed amendments to Municipal Code Book Titles 16 (Zoning) & 17 (Subdivisions). Brunni stated concerns and requested answers to questions in reference to the memo from Planning Director Hardisty, dated July 6, 1994: 1) 3) 4) 5) 6) What is the history that prompted con- sideration of these issues? Item $1: Are there other reasons walls are permitted and/or required (i.e. security)? Item ~2: What is the benefit to the citizens (general public) of proposed change? Item $3: Do we require extra open-space of multi-family dwellings or are we simply attempting to discourage single- family residential in a multi-family zone? What is the real issue? Do these changes effect any pending tracts/subdivisions? 80% rule: There is some concern that there is limited flexibility in that; Was it referred for separate consid- eration? Would it be more appropriate to delete this from the ordinance and handle that as a totally separate issue? Bakersfield, California, July 13, 1994 - Page 2 WORKSHOP continued ACTION TAKEN 7) Planning Commission minutes: Concerned about the requirement of whether or not the open-space amenity has to be connected directly to the project and is it part of this proposed ordinance? Rowles requested the upcoming Planning Commission/Urban Development Committee joint meeting discuss options on the issues. Motion by DeMond to add Closed Session Item 2. that arose after the Agenda was posted and requires action tonight. APPROVED ABMCDERMO'157 Motion by DeMond to recess to Closed Session at 6:15 p.m. APPROVED ABMCDERMOTT CLOSED SESSION Closed Session pursuant to Government Code Section 54957 to consider the request of a Police Officer for Leave of Absence Without Pay for a period of time greater than one hundred eighty (180) calendar days. (Bakers- field Municipal Code Section 2.84.620 A.) Closed Session pursuant to Government Code Section 54956.9 regarding Fire Fund. COUNCIL APPROVED A 60 DAY LEAVE OF ABSENCE WITHOUT PAY COUNCIL WAS PROVIDEDAN UPDATE ON FIRE FUND AND POSSIBLE LITIGATION Motion by DeMond to adjourn from Closed APPROVED Session at 6:55 p.m. AB MCDERMOTT Bakersfield, California, July 13, 1994 - Page 3 REGULAR MEETING - 7:00 P.M. - Council Chambers, City Hall 1501 Truxtun Avenue, Bakersfield 1. INVOCATION by Ken Keith, Elder, First Assembly of God Church. 2 o PLEDGE OF A' ' ~=GIANCE 3. ROlL CALL ACTION TAKEN Present: Absent: Mayor Price, Council Members Edwards, DeMond, Smith, Brunni, Rowles, Salvaggio Council Member McDermott CLOSED SESSION AC'RON Mayor Price announced Closed Session action as reflected on Page 2. PRESENTATIONS a. Mayor Price introduced Dawn Biddieston who is interning in the Mayor's Office. PUBUC STATEMENTS Jeff Johnson, President, Fox Theater Foundation, thanked Council for City's donation and provided an update on tours. 7. APPOINTMENTS CONSENTCALENDAR Voucher Nos. 10619 to 11194 inclusive, in the amount of $2,454,503.14 and Self Insurance Voucher Nos. 2697 to 2821 inclusive, in the amount of $316,792.81. Minutes of the Special Meeting of June 27, 1994 and the Workshop and Regular Meeting of June 29, 1994. Notice of Completion and acceptance of work for Contract No. 93-250 with The DeWalt Group, Inc. for Tract No. 5675, Phase 2, located on the southwest corner of Main Plaza Drive and Meacham Road, completed June 24, 1994. Bakersfield, California, July 13, 1994 - Page 4 8. CONSEN/CA~NDA~ continued ACTION TAKEN Contract Change Order No. 3 to Contract No. 93-92 with Griffith Company for the rehabilitation of a 27-inch sewer line in Stine Road between Pacheco Road and Harris Road, and appropriation of $27,044.55 from the Sewer Enterprise Fund Balance to the Public Works Capi- tal Improvement Budget within the Sewer Enterprise Fund. (Ward 6) Resolution designating the City of Bakersfield as a participant in the San Joaquin Valley Clean Air Transportation Coalition and authorizing the Equipment Superintendent to apply to the Depart- ment of Energy for designation of Bakersfield as a "Clean City". Resolution specifying that Brimhall No. 3 Annexation, located east of Jewetta Avenue approximately 800 feet north of Brimhall Road, shall, upon annexation, be included within the Greater Bakers- field Separation of Grade District, and setting the hearing for August 10, 1994. (Ward 4) Resolution approving the destruction of City Police Department Records to appear more than two years old, with City Attorney approval. Tract Map and Improvement Agreement with Stine Road Developers for Tract No. 5688, Phase A, located on the north side of Harris Road, approximately 3,000 feet west of Stine Road. (Ward 6) Agreement with Local Agency Formation Commission (LAFCO) to indemnify LAFCO for Bakersfield Annexation No. 374, Hageman No. 1, Proceeding No. 1156, located southwest of Jewetta Avenue and Hageman Road. (Ward 4) Accept bid to award Contract to Griffith Company ($190,000) for construction of median landscape/irrigation improvements along Calloway Road, Meacham Road to Hageman Road. (Ward 4) REMOVED FOR SEPARATE CONSIDERATION RES 110-94 RES 111-94 RES 112-94 REMOVED FOR SEPARATE CONSIDERATION AGR 94-126 CON 94-127 Bakersfield, California, July 13, 1994 - Page 5 8. CONSENT CAI.ENDAR continued ACTION TAKEN Accept bid to award Contract to Brad Bradford Electric, Inc. ($96,375) for traffic signal on South Halfmoon Drive at Ashe Road. (Wards 4 & 6) Motion by DeMond to adopt Items (a) through (k) of the Consent Calendar, with the excep- tion of Items d. and ho CON 94-128 APPROVED ABMCDERMO~ Contract Change Order No. 3 to Contract No. 93-92 with Griffith Company for the rehabilitation of a 27-inch sewer line in Stine Road between Pacheco Road and Harris Road, and appropriation of $27,044.55 from the Sewer Enterprise Fund Balance to the Public Works Capi- tal Improvement Budget within the Sewer Enterprise Fund. (Ward 6) Motion by Salvaggio to adopt Item d. of the Consent Calendar. APPROVED NS BRUNNI ROWLES AB MCDERMO~? Tract Map and Improvement Agreement with Stine Road Developers for Tract No. 5688, Phase A, located on the north side of Harris Road, approximately 3,000 feet west of Stine Road. (Ward 6) Rowles abstained due to a previous business relationship. Motion by Salvaggio to adopt Item h. of the Consent Calendar. AGR 94-129 APPROVED ABS ROWLES AB MCDERMOTT HEARINGS Protest hearing for Hageman No. i Annex- ation and inclusion into the Greater Bakersfield Separation of Grade District, located southwest of Jewetta Avenue and Hageman Road. (Ward 4) Hearing opened at 7:18 p.m. No one spoke° Hearing closed at 7:19 p.m. RES 113-94 Bakersfield, California, July 13, 1994 - Page 6 9. HF-~J~INGS continued ACTION TAKEN Motion by Brunni to adopt Resolution ordering the territory annexed to the City of Bakersfield and included into the Greater Bakersfield Separation of Grade District. APPROVED AB MCDERMO~5? Hearing as required by Resolution of Intention No. 1119 to order vacation of King Street between E. 19th Street and E. Truxtun Avenue. (Ward 2) Correspondence was received from Lee R. Dussell, Right of Way Administrator, Pacific Bell, dated June 11, 1994, in support of the street vacation. Public Works Director Rojas provided background information. Hearing opened at 7:19 p.m. No one spoke. Hearing closed at 7:20 p.m. Motion by DeMond to adopt Resolution. RES 114-94 APPROVED AB MCDERMOTT 10. REPORTS 11. DEFERRED BUSINESS Ordinance amending Subsection A. of Section 16.16.010 of the Bakersfield Municipal Code relating to filing tentative maps. (First Reading June 29, 1994) Motion by Brunni to adopt Ordinance. ORD 3599 APPROVED AB MCDERMOTT SALVAGGIO Resolution adopting fees and service charges pursuant to the Revenue/Cost Comparison System under Chapter 3.70 of the Bakersfield Municipal Code. (Continued from June 29, 1994) RES 115-94 Motion by DeMond to adopt Resolution. NAT Bakersfield, California, July 13, 1994 - Page 7 ~l ~ ~ 11. DEFERRED BUSINESS continued ACTION TAKEN bo Amended motion by Rowles to adopt Resolution with an amendment to S-51, Pyrotechnics Inspection, to change the Maximum Fiscal Fee, same site, same circumstance, from $400 to $310. APPROVED NS EDWARDS BRUNNI ABMCDERMOTT 12. Nl_q~ BUSINESS Resolution providing for the collection of refuse charges by the Kern County Tax Collector. Motion by Smith to adopt Resolution. RES 116-94 APPROVED AB MCDERMO~U Resolution providing for the adjustment of property tax revenues upon local agency jurisdictional change resulting from Annexation No. 378, LAFCO Procee4- ing No. 1161, Union No. 10 Annexation. (Ward 1) City Manager Tandy provided background information. Motion by Edwards to adopt Resolution deleting the Fire Fund language and transmitting a letter to County of Kern indicating that the only reason this is being done is because of good faith in bringing the negotiations as far as they have, contingent upon the Fire Fund issue being resolved; and stating to the Board of Supervisors that if, by the time this annexation returns for protest hearing, the Joint Powers Agree- ment is not executed, City will termin- ate the annexation. RES 117-94 APPROVED NS SMITH ROWLES SALVAGGIO AB MCDERMO~5? MAYOR PRICE VOTED AYE Due to a tie vote, Mayor Price voted. Bakersfield, california, July 13', 1994 - Page 8 12. NEW BUSINESS continued ACTION TAKEN Resolution approving and adopting an adjusted fee for the development and improvement of parks within the city of Bakersfield. Motion by Brunni to refer to Community Services Committee and to freeze the fees at the existing level until the standards for park development can be reviewed by Community Services Commit tee, which would include a comparison to the standards and costs for park development of, at least, the North Bakersfield Recreations and Park Dis- trict and possibly others; with recommendations brought back to the meeting of September 7, 1994. APPROVED AB MCDERMOTT Resolution revising the penalties for parking violations, late payment penal- ties, administrative fees and other related charges for parking violations in the city of Bakersfield. Motion by DeMond to adopt Resolution. RES 118-94 APPROVED AB MCDERMOTT Amendment No. 2 to Agreement No. 89-110 with Bethany Services, appropriation of $92,270 State Grant Funds and miscellan- eous contributions of $3,6?0 to the Community Development Operating Budget in the CDBG Fund. (Bakersfleld Homeless Center) Motion by DeMond to approve Amendment to Agreement, Appropriation and Contri- butions. AGR 94-130 APPROVED ABMCDERMOTT 13 . COUNCIL STATEMENTS Brunni requested a copy of the response to correspondence from Franklin Morris to City Manager Tandy. Bakersfield, California, July 13, 1994 - Page 9 ~ 13. COUNCILSTATEMENTS continued ACTION TAKEN Brunni cited correspondence from the San Joaquin Valley Unified Air Pollution Control District and requested a staff member attend the Third Annual Symposium in September. Mayor Price announced that he was on the Board and would be attending. Brunni referred to Public Works Director Rojas for review correspondence from BCP Associates regarding flow control of solid waste, and report back to Council. Brunni referred to staff the Tehachapi Materials Recovery Facility diversion rates for 1991 and verify 51% diversion, in tons, for Fiscal Year 1993-94. DeMond requested staff to look into the feasibility of canceling one of the meetings that are back-to-back in October and December. Rowles thanked Community Services Department and provided an update on rollerblading in parks. Mayor announced that Vice-Mayor McDermott, Council Member Salvaggio and himself will be traveling to our Sister City - Wakayama, Japan July 26 with McDermott returning August 3rd and Mayor Price and Dave Urner will pro- ceed on to Ninbow and Suchi, China, where they are interested in becoming a Sister City. 14. ADJOURNMENT Motion by DeMond to adjourn at 8:23 p.m. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, CA JUL13.MIN 8/ 1/94 11:42am APPROVED MAY~R of the City of Bakersfield, CA