HomeMy WebLinkAbout04/26/06 CC MINUTES
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Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 26, 2006
REGULAR MEETING - 5:15 p.m.
351
ACTION TAKEN
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson (seated at 5:19
p.m.) Benham, Couch, Sullivan (seated at
5:30) Scrivner
Absent: Council member Hanson
2. PUBLIC STATEMENTS
None.
l 3. WORKSHOPS
4. CLOSED SESSION
a.
Conference with Labor Negotiator, Bill Avery;
Closed Session pursuant to Government Code
Section 54957.6.
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1).
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One case)
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(C) of Government Code
Section 54956.9 regarding claim submitted by
Glenn Porter.
Assistant City Clerk Gafford announced item 4.b. is
being removed from the agenda.
b.
c.
d.
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Bakersfield, California, April 26, 2006 - Page 2
ACTION TAKEN
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5: 19.m.
APPROVED
AB HANSON
APPROVED
AB HANSON
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Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 6:28 p.m.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Sullivan, Scrivner
Absent:
Council member Hanson
6. INVOCATION by Reverend Gabriela Perla, Trinity United
Methodist Church.
7. PLEDGE OF ALLEGIANCE by Christopher Bura, 5th Grade
Student at Standard Elementary School
Mayor Hall acknowledged students from a CSUB
Journalism class in attendance at the meeting.
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8. CLOSED SESSION ACTION
a.
Conference with Labor Negotiator, Bill Avery;
Closed Session pursuant to Government Code
Section 54957.6.
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1).
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One case)
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(C) of Government Code
Section 54956.9 regarding claim submitted by
Glenn Porter.
STAFF GIVEN
DIRECTION
b.
DELETED
c.
NO REPORTABLE
ACTION
d.
CITY ATTORNEY
DIRECTED TO
SETTLE
City Attorney Gennaro announced item 8.b. was
removed from the agenda.
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Bakersfield, California, April 26, 2006 - Page 3 -\
PRESENTATIONS ACTION TAKEN
9.
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a.
Presentation by Mayor Hall of Proclamation to
Mickey Sturdevant and Shirley Harris,
Mothers Against Senseless Killings, proclaiming
May, 2006, as "Let No Mother Lose a Child
Month".
Cynthia Waters accepted the Proclamation on
behalf of M.A.S.K.
b. Presentation by Mayor Hall of Proclamation to Brian
Keegan, Executive Director, Bike Bakersfield,
proclaiming May, 2006, as "Bakersfield Bike Month".
Brian Keegan accepted the Proclamation and made
comments.
10. PUBLIC STATEMENTS
a. Bob Bell, Kevin Burton and John Sarad spoke
regarding the Property Based Improvement District
Steering Committee.
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b. Mari Gonzales, Lisa Gonzales, Byron Mui, Shelby
Hebert and Jerry Frost spoke regarding the location
of the Federal Courthouse.
Councilmember Couch requested the City adopt a
Resolution, similar to the County Resolution, declaring
the City Council's adopted goal supporting the location
of the Federal Courthouse in the downtown area.
Vice-Mayor Maggard asked that staff request a pUblic
forum be conducted before Council with
representatives of the Federal Court and GSA, to
explore options and provide explanations; additionally
both U.S. Senators, all Congress Members with
districts or parts of districts in the dh Circuit to be
issued invitations to participate.
Councilmember Carson requested information on the
feasibility of a City representative attending hearings
held by GSA regarding the issue.
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Bakersfield, California, April 26, 2006 - Page 4
10.
PUBLIC STATEMENTS continued
Councilmember Couch requested staff assist and
advise concerned parties regarding effective ways to
reverse the decision placing the Federal Courthouse in
the southwest and move the location to the downtown
area. Staff to describe the process, best practice etc.,
to assist in achieving a positive outcome. Additionally,
staff to evaluate feasibility of suspending the appeal to
the decision regarding the location of the Federal
Courthouse until the hearings are complete.
Councilmember Benham requested the City provide
information and a link on the City website to Federal
Courthouse information.
11. APPOINTMENTS
a. Two (2) appointments to the Planning Commission
due to the expiration of terms of Edward Blockley
(Ward 2) and Thomas McGinnis (Ward 4),
whose terms expire April 30, 2006.
Motion by Councilmember Benham to reappoint
Edward Blackley to the Planning Commission for a four
year term.
Motion by Councilmember Couch to reappoint Thomas
McGinnis to the Planning Commission for a four year
term.
b. One (1) appointment to the Bakersfield
Redevelopment Agency due to the expiration of
term of Thomas P. Mishoe, term expired April 22,
2006.
Motion by Vice-Mayor Maggard to reappoint Thomas P.
Mishoe to the Bakersfield Redevelopment Agency for a
four year term.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 5, 2006, Regular
City Council Meeting.
ACTION TAKEN
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APPROVED
AS HANSON
APPROVED
AS HANSON
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APPROVED
AS HANSON
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12.
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Bakersfield, California, April 26, 2006 - Page 5
355-
CONSENT CALENDAR continued
ACTION TAKEN
Payments:
b. Approval of department payments from March 24,
2006 to April 13, 2006 in the amount of
$15,423,722.56 and self insurance payments from
March 24, 2006 to April 13, 2006 in the
amount of $374,672.14.
Ordinances:
c.
Adoption of Ordinance deleting Chapter 1.12 of the
Municipal Code in its entirety and adding a new
Chapter 1.12 relating to the establishment of ward
boundaries.
ORD 4342
d.
Adoption of Ordinance amending Chapter 10.76 of
the Municipal Code relating to parades.
ORD 4343
Resolutions:
e.
Resolution adopting an alternate retirement system,
Public Agency Retirement System (PARS), for part-
time employees in lieu of Social Security.
Resolution, pursuant to Court Order, rescinding
approval of General Plan Amendment/Zone
Change No. 04-1704 for property located on the
east side of Wible Road, approximately 200 feet
south of Berkshire Road.
RES 103-06
f.
RES 104-06
ASS SCRIVNER
g. Resolutions approving applications proposing
proceedings for annexation of uninhabited territory
to the City identified as:
h.
Annexation No. 504 consisting of 1.08 acres
located at the northwest corner of
Verdugo Lane and Snow Road.
Annexation No. 524 containing 0.24 acres
located east of Hughes Lane, south of
Highway 58.
Resolution confirming approval by the Assistant City
Manager of Chief Code Enforcement Officer's report
regarding assessments of certain properties in the
City for which structures have been secured against
entry or for the abatement of certain weeds, debris
and waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
RES 107-06
1.
RES 105-06
2.
RES 106-06
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Bakersfield, California, April 26, 2006 - Page 6
CONSENT CALENDAR continued
i.
Purchase of LED ribbon board for Rabobank Arena:
1. Resolution determining that the ribbon board
for Rabobank Arena cannot be obtained
through the usual bidding procedure and
authorizing the Finance Director to dispense
with bidding therefore, not to exceed
$1,210,000.00.
j.
2. Agreement with Daktronics, Inc.
($1,209,272.46) to furnish and install 1
ProAd Video Plus Display LED ribbon board
with 1 Venus 7000 rack-mount control
system.
Resolution in support of the Sexual Predator
Punishment and Control Act of 2006, known as
"Jessica's Law".
k.
Resolution amending Resolution No. 003-06
dispensing with bidding procedures due to
emergency replacement of engine/generator at
Wastewater Treatment Plant No.2, not to exceed
$500,000.00.
Change to salary schedule and new job
specification:
I.
Amendment NO.2 to Resolution No. 049-06
approving Memorandum of
Understanding for employees of the Blue
and White Collar Units, and adopting salary
schedule and related benefits for
Development Specialist.
2. New job specification for Development
Special ist.
1.
3. Conversion of vacant Development
Associate to Development Specialist.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERA TION
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RES 109-06
RES 003-06(1)
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RES 049-06(2)
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Bakersfield, California, April 26, 2006 - Page 7 35.7
ACTION TAKEN
12. CONSENT CALENDAR continued
l m. Changes to salary schedule, revised job
specifications and title change:
1. Amendment NO.1 to Resolution No. 078-06 RES 078-06(1)
setting salaries and related benefits for
officers and employees of the General
Supervisory, Police Supervisory and
Management Units, and adopting salary
schedule and related benefits for Purchasing
Officer and Public Information Officer.
2. Revised job specifications for Purchasing
Officer and Office Administrator - Public
Relations.
3. Title change for Office Administrator - Public
Relations to Public Information Officer.
n. Resolution adding territory Area 2-32 (District, Stine RES 11 0-06
Canal NE) to the Consolidated Maintenance District
and confirming the assessments, approving the
Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
l Collector.
o. Resolution of Intention No. 1445 to add territory RO/1445
Area 3-47 (McCutchen, Mountain Ridge SW)
to the Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report.
p. Resolution of Intention No. 1446 to add territory, RO/1446
Area 4-54 (36th, Q N) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
q. Resolution of Intention No. 1447 to add territory, RO/1447
Area 4-53 (Brundage, Chester SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
r. Resolution of Intention No. 1448 to add territory, RO/1448
Area 5-24 (Cottonwood, Planz NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
L Director's Report.
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Bakersfield, California, April 26, 2006 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
s. Resolution of Intention No. 1450 to add territory, RO/1450 J
Area 5-25 (Cottonwood, White SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
t. Resolution of Intention No. 1452 to add territory, RO/1452
Area 1-63 (Allen, Snow NE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
u. Resolution of Intention No. 1449 to order the RO/1449
vacation of the entire alley between Lake Street
and Kentucky Street, from King Street to Baker
Street, and portion of the alley between Lake
Street and Kentucky Street, from Baker Street to
Kern Street.
Agreements:
v. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreement with AGR 06-094
Pulte Homes Corporation for Tract 5997 J
located south of State Route 178 and east of
Alfred Harrell Highway.
2. Final Map and Improvement Agreement with AGR 06-095
McMillin Tuscany, LLC for Tract 6000
Phase 5 located north of State Route 178
and east of Alfred Harrell Highway.
3. Final Map and Improvement Agreement with AGR 06-096
Centex Homes for Tract 6148 Phase 1
located north of State Route 178 and east of
Alfred Harrell Highway.
w. Amendment NO.1 to Improvement Agreement No. AGR 05-308(1)
05-308 with Lennar Homes of California, Inc. for
Tract 6289 Unit 1 located east of Allen Road and
north of Noriega Road.
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Bakersfield, California, April 26, 2006 - Page 9 359
12. CONSENT CALENDAR continued ACTION TAKEN
L x. Purchase real property located at 3120 Hosking
Road for future Hosking Road/Wible Road
Intersection:
1. Agreement with Roger D. & Peggy L. AGR 06-097
Whitaker for purchase of the property. DEED 6404
2. Appropriate $500,000 additional traffic
impact fee revenue to the Capital
Improvement Budget within the
Transportation Development Fund.
y. Agreement with WRA Engineering, Inc. (not to AGR 06-098
exceed $50,000.00) for design engineering
assistance in updating City standards, specifications
and ordinances.
z. Agreement with M. Green & Company LLC AGR 06-099
($45,605) for a full scope annual audit of the
2005-06 fiscal year.
aa. Agreement with Kern River Valley Cemetery District AGR 06-100
to purchase Kern River water from the City for
irrigation of cemetery grounds.
l bb. Amendment NO.2 to Agreement No. CA05-013 with AGR 06-101
Clifford & Brown ($110,000.00, total not to exceed
$150,000.00) for outside legal services in the matter
of Elizabeth Ann Peel, et al v City, et al.
cc. Amendment NO.1 to Agreement No. 05-216 with AGR 05-216(1)
Quality Team, Inc. to extend agreement for
twelve (12) months for sale of surplus computers
and related equipment.
dd. Amendment NO.1 to Agreement No. 05-261 with AGR 05-261(1)
Kern Sprinkler Landscaping, Inc. ($75,000.00
revised not to exceed $210,750.00) for irrigation and
landscaping services.
Bids:
ee. Reject all bids for one (1) motor grader.
ff. Accept bid and award annual contract to Safeway AGR 06-102
Sign Co. (not to exceed $65,000.00) for traffic signs.
gg. Accept bid and award contract to Graham Prewett, AGR 06-103
Inc. ($85,350.00) for Police Station roof
l replacement.
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Bakersfield, California, April 26, 2006 - Page 10
12. CONSENT CALENDAR continued ACTION TAKEN
hh. Accept bid from Municipal Maintenance Equipment, AGR 06-104 J
Inc. ($79,983.33) for one (1) additional vacuum
sweeper for the Public Works Department.
ii. Accept bid and award contract to Loop Electric, Inc. AGR 06-105
($207,876.40) for traffic signal install on Camino
Media at Scarlet Oak Drive and Camino Media at
Roadrunner Drive, and interconnect synchronization
on Camino Media to Haggin Oaks Boulevard to
Ming Avenue.
jj. Accept bid and award contract to Hobbs AGR 06-106
Construction (not to exceed $115,308.00) to
remove, furnish and install Westwold Park
playground equipment.
kk. Rosedale Highway (State Rte. 58) widening project, AGR 06-107
between Gibson Street and Highway 99:
1. Accept low bid and award contract to Griffith
Com pany ($2,133,538.00) for
construction of the project.
2. Appropriate $2,000,000 additional traffic
impact fees to the Capital Improvement J
Budget within the Transportation
Development Fund.
II. Accept bid and award contract to Brown and Fowler AGR 06-108
Construction ($470,692.00) for CBK Interface
Facility Phase 4 located at 1000 Buena Vista Road.
mm. 2004/2005 Federally Funded Project for
Reconstruction of Various Streets:
nn.
Accept bid and award contract to AC
Materials Inc. ($4,445,297.00) for
construction of project.
2. Appropriate $115,000 Sewer Enterprise
Fund balance (Wastewater Treatment
Plant No.2) to the Capital Improvement
Budget to fund the storm drain improvement
portion of project.
Accept bid and award contract to Griffith Company
($965,965.00) to construct shoulder paving, various
streets, Federal Fiscal Year 2004-2005.
AGR 06-110
1.
AGR 06-109
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Bakersfield, California, April 26, 2006 - Page 11
12.
CONSENT CALENDAR continued
361 -
ACTION TAKEN
AGR 06-111
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00.
Install Traffic Signal Interconnect - Part 3:
1. Accept base bid and additive alternate no. 1
and award contract to AC Electric
Company ($493,960.00) for construction of
project.
2. Appropriate $520,556 Congestion
Management Air Quality funds to the Capital
Improvement Budget within the ISTEA Fund.
Miscellaneous:
pp. Assessment District and related Public Financing
Authority (PFA) Bond Call:
1. Appropriate $600,103 fund balances to the
operating budgets within various special
assessment funds and PF A debt service
funds to facilitate advance redemption of
Assessment and related PF A Bonds.
Appropriate $5,000 General Plan Maintenance Trust
Revenues and $5,000 County share project costs to
the Planning Department Operating budget within
the Development Services Fund for consulting
services for proving a work program and
subsequent Request for Proposal for the update to
the Metropolitan Bakersfield General Plan.
qq.
rr. Miscellaneous Appropriations:
1. Appropriate $2,300,000 additional revenue
to the Public Works Department operating
budget within the Equipment Management
Fund for increased fuel and materials
costs associated with maintaining fleet
equipment.
2. Appropriate $370,000 Sewer Enterprise
Fund Balance (Wastewater Treatment Plant
No.3) to the Public Works Department
operating budget for increased operating
costs associated with emergency repairs and
odor control.
3. Appropriate $20,000 General Aviation Fund
Balance to the Public Works Department
operating budget for professional consultant
services and demolition of restaurant.
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Bakersfield, California, April 26, 2006 - Page 12
12.
CONSENT CALENDAR continued
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.rr with the removal of
item 12.i. for separate consideration.
Councilmember Scrivner announced a conflict of
interest on item 12.f.
i. Purchase of LED ribbon board for Rabobank Arena:
1. Resolution determining that the ribbon board
for Rabobank Arena cannot be obtained
through the usual bidding procedure and
authorizing the Finance Director to dispense
with bidding therefore, not to exceed
$1,210,000.00.
2.
Agreement with Daktronics, Inc.
($1,209,272.46) to furnish and install 1
ProAd Video Plus Display LED ribbon board
with 1 Venus 7000 rack-mount control
system.
City Manager Tandy introduced the General
Manager of the Rabobank Arena and Convention
Center, Steve Womack, who provided video of
similar LED ribbon boards.
Motion by Councilmember Scrivner approve 12.i.
13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
a. Public Hearing to consider Resolution establishing
industrial and commercial sewer service user
surcharges for Fiscal Year 2006-07.
Public Works Operations Manager Underwood
made staff comments.
Hearing opened at 7:43 p.m.
No one spoke.
Hearing closed at 7:44 p.m.
ACTION TAKEN
APPROVED
AS HANSON
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RES 108-06
AGR 06-093
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APPROVED
AS HANSON
RES 111-06
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Bakersfield, California, April 26, 2006 - Page 13
Motion by Vice-Mayor Maggard to approve the
Resolution establishing industrial and commercial
sewer service user surcharges for Fiscal Year 2006-
2007.
15. REPORTS
a. Budget and Finance Committee Majority Report No.
1-06 and Minority Report No. 1-06 regarding FY
06/07 Community Development Block Grant
(CDBG), HOME Investment Partnership (HOME)
and Emergency Shelter Grant (ESG) annual
spending plan.
EDCD Director Kunz presented an overview.
Motion by Vice-Mayor Maggard to approve the Majority
Report.
16. DEFFERRED BUSINESS
a. Mill Creek Linear Park:
Agreement with Royston Hanamoto Alley &
Abey, Inc. (RHAA) ($347,025.00) for
preliminary design of project.
2. Appropriate $100,000 Old Town Kern
Redevelopment Fund balance to the Capital
Improvement Budget within the Old Town
Kern Operating Fund.
1.
3. Appropriate $150,000 Domestic Water
Retained Earnings to the Capital
Improvement Budget within the Domestic
Water Fund.
4. Appropriate and transfer $100,000 additional
Vehicle License Fee revenues from the
General Fund to the Capital Improvement
Budget within the Capital Outlay Fund.
Economic and Community Development Director
Kunz provided an overview and City Manager Tandy
made staff comments.
Motion by Councilmember Benham to approve the
Agreement and appropriate funds.
Councilmember Couch announce a conflict of interest
on item 16.a.
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ACTION TAKEN
APPROVED
AS HANSON
APPROVED
AS HANSON
AGR 06-112
APPROVED
ASS COUCH
AS HANSON
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Bakersfield, California, April 26, 2006 - Page 14
16.
DEFFERRED BUSINESS continued
City Clerk McCarthy announced the staff
recommendation on the agenda is incorrect and
should read, "Staff recommends acceptance of bid,
award contract and approval of appropriation."
b. Construction of McDonald Way Sewer and Lift
Station Project:
1. Accept bid and award contract to H PS
Mechanical, Inc. ($2,187,512.40) for project.
2. Appropriate $1,350,000 Sewer Enterprise
Fund Balance to the Capital Improvement
Budget for construction project.
Public Works Operations Manager Underwood
introduced Design Engineer Arnold Ramming who
gave a computer overview.
Motion by Councilmember Carson to accept the bid,
award the contract and appropriate funds.
17. NEW BUSINESS
None.
18.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested Public Works
respond to a request from St. George Orthodox Church
regarding disabled access on Truxtun A ve. and
provided contact information.
Councilmember Benham requested the Police
Department address an issue on Kern St. and provided
contact information.
Councilmember Benham requested staff address
issues on California A ve., Durham Ct., Buena Vista St.
and Baker St. and provided contact information.
Councilmember Benham requested staff respond to a
citizen inquiry regarding cost recovery for events
taking place in City parks and if staff deems necessary
refer the matter to the Budget and Finance Committee.
Councilmember Benham requested staff provide an
update regarding scheduling of a meeting with the
Sunset/Oleander Park Preservation Committee.
ACTION TAKEN
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APPROVED
AB HANSON
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Bakersfield, California, April 26, 2006 - Page 15
COUNCIL AND MAYOR STATEMENTS continued
Council member Carson requested Code Enforcement
respond to a citizen complaint regarding a mobile
home park at 620 Terrace Way.
Councilmember Sullivan announced she will provide staff
with referrals in the next few days.
Councilmember Sullivan made comments regarding the
Great American Clean-Up.
Councilmember Sullivan made comments regarding the
opening of the Park at Riverwalk.
Councilmember Couch requested the Mayor proclaim
Mayas 'Veterans Memorial Month'.
Councilmember Couch provided the Police Department
information regarding a potential Ordinance and
requested a review of the information.
Councilmember Couch requested information regarding
General Plan Amendment noticing. Planning Director
Movius responded.
Councilmember Couch requested Planning staff contact
him regarding economic impact analysis and thresholds
and the relationship to CEQA and requested Planning
Director Movius contact him regarding the issue.
Councilmember Couch made comments regarding LAFco
and requested City Manager Tandy and Planning Director
Movius meet with him regarding the issue.
Councilmember Couch provided a fax and requested staff
provide input regarding the document.
Councilmember Couch requested staff provide
information regarding the connection of the Westside
Parkway and Hwy. 178.
Councilmember Couch requested staff provide one set
of updated Alternative 15 maps and Thomas Roads
maps for realtors.
Councilmember Scrivner requested staff provide an
update regarding a flashing beacon on Benton St. near
Frank West School north of Wilson, and the results of
radar enforcement in that area.
365
ACTION TAKEN
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Bakersfield, California, April 26, 2006 - Page 16
COUNCIL AND MAYOR STATEMENTS continued
Council member Scrivner requested staff contact Ms.
Kelly regarding concerns in the Castleford St.
neighborhood and report back to him.
Vice-Mayor Maggard requested a staff provide an
update at the next Budget and Finance meetings
and regarding the status of negotiations between the
City and private trash haulers.
Vice-Mayor Maggard requested an update regarding the
status of the group home on Dorset St. and
requested that a memo outlining all steps and target
dates discussed at the last meeting be provided to all
involved parties.
Vice-Mayor Maggard requested information regarding the
cost to the City of recent demonstrations. City Manager
Tandy responded.
19. ADJOURNMENT
Mayor Hall adjourned the me
ATTEST:
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Ilsst ,CITY CLERK and Ex Offi Clerk of
the Council of the City of Bakersfield
ACTION TAKEN
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