HomeMy WebLinkAbout06/07/06 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 7, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Couch, Hanson, Sullivan (seated at
5:20) Scrivner
Absent:
Vice-Mayor Maggard
2. PUBLIC STATEMENTS
3. WORKSHOPS
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a.
Budget Presentation - Rabobank Arena, Theater
and Convention Center.
Rabobank Arena, Theatre, Convention Center and
Bakersfield Ice Sports Center General Manager
Womack made a computer presentation.
Councilmember Hanson requested information
regarding the total savings at the complex.
Rabobank Arena, Theatre, Convention Center and
Bakersfield Ice Sports Center General Manager
Womack responded.
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One case)
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Bakersfield, California, June 7, 2006 - Page 2
4.
CLOSED SESSION
b.
Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. Anthony Campbell, et al v. City, et al.
2. Victoria Rosales, etc. v. City, et al.
3. Elizabeth Ann Peel, et al v. City, et al.
4. Bakersfield Citizens for Local Control v.
City/Castle & Cooke.
5. Bakersfield Citizens for Local Control v.
City/Panama 99 Properties.
6. John M. Tarabino, et al v. City.
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:31 p.m.
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 6:45 p.m.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Couch, Hanson, Sullivan, Scrivner
Absent:
Vice-Mayor Maggard
6. INVOCATION by Pastor Billy Woods, Hope Christian Center.
7. PLEDGE OF ALLEGIANCE by Latalia Alexander, 5th Grade
student at Van Horn Elementary School.
8. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One case)
ACTION TAKEN
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CITY ATTORNEY
GIVEN DIRECTION
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Bakersfield, California, June 7,2006 - Page 3
CLOSED SESSION ACTION continued
b.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1.
Anthony Campbell, et al v. City, et al.
2.
Victoria Rosales, etc. v. City, et al.
3.
Elizabeth Ann Peel, et al v. City, et al.
4.
Bakersfield Citizens for Local Control v.
City/Castle & Cooke.
5.
Bakersfield Citizens for Local Control v.
City/Panama 99 Properties.
9.
6. John M. Tarabino, et al v. City.
PRESENTATIONS
a. Presentation by Mayor Hall to the family of former
City Council member Don Doolin.
Councilmember Sullivan accepted the Certificate of
Condolence and made comments.
10. PUBLIC STATEMENTS
a. Thomas G. Lewis, President of the Korean War
Veterans Association spoke regarding the Korean
War Memorial.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a.
Approval of minutes of the May 15 2006, Budget
Meeting and May 24, 2006, Regular City Council
Meeting.
ACTION TAKEN
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
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12.
CONSENT CALENDAR continued
Payments:
b. Approval of department payments from May 12,
2006 to May 25, 2006 in the amount of
$8,309,225.29 and self insurance payments from
May 12. 2006 to May 25, 2006 in the
amount of $121,967.17.
Ordinances:
c. First Reading of Ordinances:
Amending Sections 8.80.060, 8.80.080,
8.80.090, 8.80.100, 8.80.110, and deleting
Section 8.80.12 of the Municipal Code
relating to nuisance abatement.
2. Amendment Sections 15.04.120, 15.20.010,
15.24.010 and 15.24.020 of the
Municipal Code relating to building and
construction issues.
1.
d.
Adoption of Ordinance amending Section 14.04.120
of the Municipal Code relating to water rates and
fees.
e.
Adoption of Ordinance amending Sections 1.12.030,
1.12.040 and 1.12.050 of the Municipal Code by
adding Annexation No. 467 to Ward 3, Annexation
Nos. 484 and 490 to Ward 4 and Annexation No.
440 to Ward 5.
Resolutions:
f. Resolution opposing Assembly Bill 1899 (Wolk)
relating to flood protection assessments for
new developments.
g. Sale of Surplus Real Property located north of Taft
Highway and east of Ashe Road:
1.
Resolution declaring real property surplus to
the needs of the City.
Agreement with State of California -
Department of Transportation to sell surplus
real property to them for $45.000.00.
2.
ACTION TAKEN
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FR
FR
ORD 4344
ORD 4345
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RES 155-06
RES 156-06
AGR 06-143
DEED 6424
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Bakersfield, California, June 7,2006 - Page 5 407
12. CONSENT CALENDAR continued ACTION TAKEN
l h. New Positions, New Job Specification and Change
to Salary Schedule:
1. Authorize one (1) Management Assistant
position in the City Manager's Office.
2. Authorize one (1) Accounting Clerk 1/11
position in the Human Resources Division.
3. Authorize two (2) Human Resources Analyst
I positions in the Human Resources Division.
4. Amendment No.3 to Resolution No. 049-06 RES 049-06(3)
approving Memorandum of Understanding
for employees of the Blue and White Collar
Units and adopting salary schedule and
related benefits for Management Assistant.
5. New Job Specification for Management
Assistant.
i. Resolution of Intention No. 1459 to add territory, RO/1459
Area 4-55 (Barbera, Chardonnay NE) to the
Consolidated Maintenance District and preliminarily
l adopting, confirming and approving Public Works
Director's Report.
Agreements:
j. Tract Maps and Improvement Agreements: AGR 06-144
1. Final Map and Improvement Agreements AGR 06-145
with Ennis Homes, Inc. for Tract 6056 AGR 06-146
Phases 3 & 6 located east of Jewetta AGR 06-147
Avenue and north of Reina Road.
2. Final Map and Improvement Agreement with AGR 06-148
Castle & Cooke California, Inc. for Tract
6250 Phase 8 located north of Stockdale
Highway and west of Jewetta Avenue.
3. Final Map and Improvement Agreement with AGR 06-149
JP/CP Development, Inc. for Tract 6295
Phase 1 located south of Brimhall Road and
east of River Ranch Drive.
k. Agreement with The Tree Foundation of Kern, which AGR 06-150
specifies duties and responsibilities of each party for
the planting and maintenance of the Memorial Tree
l Grove located at Manor and Denise Streets.
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12. CONSENT CALENDAR continued ACTION TAKEN
I. Bakersfield Municipal Airport: REMOVED FOR J
SEPARATE
1. Agreement with Richard Macias, Sr. ($40.00 CONSIDER A TION
monthly lease fee) for purposes of
constructing an aircraft storage hangar.
2. Agreement with Mark Manda ($40.00
monthly lease fee) for purposes of
constructing an aircraft storage hangar.
m. General Plan Amendment/Zone Change No. 05-
1692 (Flying Seven Ventures, LLC) bounded by
Panama Lane, Allen Road, Taft Highway and Heath
Road:
1. Agreement with Flying Seven Ventures, LLC AGR 06-151
(need amount) for the preparation of an
Environmental Impact Report (EIR) and
appropriate $139,969.00 (developer's
contribution) to the Development Services
Operating Budget in the General Fund.
2. Agreement with Jones & Stokes AGR06-152
Associates, Inc. ($139,969.00) to prepare an
EIR for General Plan Amendment/Zone
Change No. 05-1692. J
Transportation Impact Fee Agreement with Forum AGR 06-153
n.
Capital Management, LLC for
improvements on the southeast corner of Panama
Lane and Stine Road (estimated impact
fee credit $27,602.00).
o. Agreement with The Charles N. Bikakis Chapter of AGR 06-154
the Korean War Veterans Association, Inc. which
specifies duties and responsibilities of each party for
the provision, installation and maintenance of a
Korean War Memorial located at Jastro Park.
p. Agreement with Union Pacific Railroad Company AGR 06-155
($5,650.00) for street improvements at the
at-grade rail crossing on Union Pacific Railroad
Buttonwillow Branch at Mountain Vista Dr.
q. Agreement with Union Pacific Railroad Company AGR 06-156
($4,500.00) for street improvements at the
at-grade rail crossing on the Union Pacific Railroad
Buttonwillow Branch at Akers Road.
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Bakersfield, California, June 7,2006 - Page 7
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12.
CONSENT CALENDAR continued
ACTION TAKEN
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AGR 06-157
DEED 6425
Agreement with Castle & Cooke, Inc., Bolthouse
Properties, LLC and Kern County Water Agency for
land exchange and water development.
s. Subdivision Plan Checking Services:
1.
Amendment No. 1 to Agreement No. 06-019
with Willdan ($100,000.00; total not to
exceed $180,000.00) for plan checking
services.
AGR 06-019(1)
2. Appropriate $100,000.00 additional plan
check revenue to the Public Works
Department Operating Budget within the
Development Services Fund.
t. Amendment No.1 to Agreement No. 02-161 AGR 02-161(1)
($440.00/month) with the Housing Authority of
the County of Kern for leased space at 1630 E. 11 th
Street.
u. Amendment NO.1 to Agreement No. 03-181 AGR 03-181(1)
($1,575.00) with the Andre Family Rentals for
leased space at 1420 G Street.
l v. Amendment No. 1 to Agreement No. 05-195/RA05- AGR 05-195(1)
002 (Sub-Recipient Agreement) with the
Bakersfield Redevelopment Agency for the
commitment of $1 ,635,000.00 HOME Investment
Partnership Funds earmarked for affordable housing
in the Baker Street Mixed Use Project.
Bids:
w. Reject all bids for the annual contract - asphalt
materials.
x. Accept bid and award contract to Target Specialty AGR 06-158
Products (not to exceed $245,000.00) for
the annual contract - insecticides and herbicides.
y. Accept bid and award contract to Gilliam & Sons AGR 06-159
(not to exceed $1,000,000.00) for the
annual contract - earthmoving and hauling.
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12.
CONSENT CALENDAR continued
z.
Sewer Main Construction between Wastewater
Treatment Plant #2 and Oswell Street to
Redbank Road:
Accept bid from Prianha Pipe & Precast
($3,556,109.70) for the purchase of sewer
pipe and manhole tee sections for project.
2. Appropriate $2,000,000.00 Wastewater
Treatment Plant No.2 fund balance to the
Capital Improvement Budget within the
Sewer Enterprise Fund.
1.
Miscellaneous:
aa. Authorize the Finance Director to forward to a
collection agency, accounts receivable in
various funds totaling $124,597.63.
bb.
Appropriate $500.00 contribution (mini-grant)
received from Jim Burke Education Foundation
to purchase computer software for students use at
the Dr. Martin Luther King, Jr. Community Center to
the General Fund in the Recreation & Parks
Department Operating Budget.
Revised job specification for Business Manager.
cc.
dd.
Grant of Easements to the Kern Delta Water District
for an underground pipeline in Granite Pointe Park
and an adjoining sump located north of McKee
Road west of Highway 99.
Assistant City Clerk Gafford announced corrections
to backup for item 12.0. and item 12.d. with
technical corrections to subsection "C" of the
Ordinance to read as follows: "All applicants for
service where availability fees are to be paid shall
sign a domestic water service contract and pay the
required fee at final map recordation. No final map
allowing construction shall be recorded prior to
payment of proper fees for water service."
Motion by Councilmember Couch to approve Consent
Calendar items 12.a. through 11.dd, with the removal of
item 12.1. for separate consideration.
ACTION TAKEN
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AGR 06-160
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DEED 6426
DEED 6427
APPROVED
AS MAGGARD
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Bakersfield, California, June 7, 2006 - Page 9
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12.
CONSENT CALENDAR continued
ACTION TAKEN
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I.
Bakersfield Municipal Airport:
1. Agreement with Richard Macias, Sr. ($40.00
monthly lease fee) for purposes of
constructing an aircraft storage hangar.
2. Agreement with Mark Manda ($40.00
monthly lease fee) for purposes of
constructing an aircraft storage hangar.
Councilmember Carson stated that the time allotted the
FAA to review the item has not expired and therefore
requested the item be tabled and reviewed by the
Budget and Finance Committee to ascertain a date
certain to begin accepting the contracts.
13. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider resolution adopting RES 157-D6
proposed commercial refuse rate increase
(5.4%) for Fiscal Year 2006/07.
Assistant City Clerk Gafford announced no protest
letters were received regarding this item.
l b. Public Hearing to consider resolution adopting RES 158-D6
proposed residential refuse rate increase
(5.4%) for Fiscal Year 2006/07.
Assistant City Clerk Gafford announced thirty-two
letters were received in protest to, the proposed rate
increase.
c. Public Hearing to consider resolution adopting RES 159-06
sewer connection fees pursuant to Section
14.12.380 of the Municipal Code.
Assistant City Clerk Gafford announced no
correspondence was received regarding this item.
d. Public Hearing to consider resolution establishing REMOVED FOR
sewer service user charges and fees for Fiscal Year SEPARATE
2006-07. CONSIDERA TION
Assistant City Clerk Gafford announced forty-one
letters were received in protest to, and one in favor
of the proposed rate increase.
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13.
CONSENT CALENDAR HEARINGS
e.
Public Hearing to consider resolution setting
domestic water availability fees.
Assistant City Gafford announced no
correspondence was received regarding this item.
f. Public Hearing to consider an increase in the
monthly readiness-to-serve charge and
quantity rate for the City Domestic Water System.
1.
Resolution establishing domestic water rates
for Ashe, Fairhaven and Riverlakes
Ranch service areas of the City Water
System.
Assistant City Clerk Gafford announced two letters
were received in protest to the proposed rate
increase.
g. Protest Hearing as required by Resolution of
Intention No. 1453 regarding the assessments
for twelve (12) Traffic Signal Maintenance Districts.
Resolution approving and adopting the
Public Works Director's Report for twelve
(12) Traffic Signal Maintenance Districts and
the 2006-07 budgets, confirming the
assessments and authorizing collection of
assessments by the Kern County Tax
Collector.
h. Protest Hearing as required by Resolution of
Intention No. 1454 regarding the park
landscaping assessments for the Consolidated
Maintenance District.
1.
1.
Resolution approving and adopting the
Public Works Director's Report for the
Consolidated Maintenance District and the
2006-07 budget, confirming the park
landscaping assessments and authorizing
collection of assessments by the Kern
County Tax Collector. (Rates increase only
for new developments.)
ACTION TAKEN
RES 160-D6
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RES 161-D6
RES 162-06
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RES 163-D6
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Bakersfield, California, June 7,2006 - Page 11
CONSENT CALENDAR HEARINGS
ACTION TAKEN
RES 164-06
APPROVED
AS MAGGARD
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i.
Protest Hearing as required by Resolution of
Intention No. 1455 regarding the street
landscaping assessments for the
Consolidated Maintenance District.
1.
Resolution approving and adopting
the Public Works Director's Report
for the Consolidated Maintenance
District and the 2006-07 budget,
confirming the street landscaping
assessments and authorizing
collection of assessments by the
Kern County Tax Collector. (Rates
increase only for new developments.)
Hearing opened at 7:05 p.m.
No one spoke.
Hearing closed at 7:07 p.m.
Motion by Councilmember Couch to approve Consent
Calendar Hearings 12.a. through 12.i. with the removal
of item 13.d. for separate consideration.
HEARINGS
a. Public Hearing to consider FY 2006-07 Operating,
Bakersfield Redevelopment Agency and Capital
Improvement Program Budgets.
Assistant City Manager Stinson made staff
comments.
Hearing opened at 7:11 p.m.
No one spoke.
Hearing closed at 7: 11 p.m.
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Bakersfield, California, June 7, 2006 - Page 12
HEARINGS continued
b.
Continued public hearing to consider General Plan
Amendment/Zone Change 05-1450;
SmithTech/USA Inc., representing Michel &
Margaret Ann Etcheverry Family Limited
Partnership (property owner) has applied for a
general plan amendment and zone change on
approximately 66.25 acres located on the south side
of Seventh Standard east of the Calloway Canal.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from SR (Suburban Residential)
to LR (Low Density Residential) on
approximately 66.25 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 101-01 from A (Agriculture) to R-1
(One Family Dwelling) on approximately
66.25 acres.
2.
Assistant City Clerk announced correspondence
was received from staff regarding the item.
Development Service Director Grady made staff
comments.
Public Works Director Rojas read the following
condition into the record: "Upon fifty percent
completion of development within the General Plan
Amendment area, developer shall construct a
necessary bridge on Jewetta Avenue crossing the
Calloway Canal. Said bridge shall be designed and
constructed to ultimate width necessary to support
full arterial section. In addition to the bridge
construction developers shall acquire right of way
for the west side of Jewetta south of the General
Plan Amendment area from its south boundary to
Snow Road. Said right of way shall be for the full
half road including the area necessary for the
expanded intersection of Jewetta and Snow Road.
Developers will also be required to construct the full
west half of Jewetta from its south boundary to
Snow Road including six foot high masonry block
wall.
ACTION TAKEN
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RES 165-06
FR
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HEARINGS continued
Item 14.b. continued
All above improvements shall be placed within
a major bridge and thoroughfare district prior to the
recordation of a subdivision map to have a cost
proportionately distributed within the district area to
be bounded by Snow to the south, 7'h Standard to
the north, Old Farm to the west and the Friant-Kern
canal to the east."
Hearing opened at 7:14 p.m.
Dennis McClain and Clayton Yeary spoke in
opposition to the staff recommendation.
Bob Smith, SmithTech/USA, spoke in favor of the
staff recommendation.
Motion by Councilmember Couch to approve the staff
recommendation including the condition read by Mr.
Rojas and the condition that there will be no two-story
houses constructed on the north side of the three
hundred foot canal easement.
c.
Public Hearing to consider General Plan
Amendment/Zone Change 05-1453;
SmithTech/USA, Inc., representing Breckenridge
Development Co., Inc., (property owner) has applied
for a general plan amendment on 90 acres, located
at the east side of Coffee Road, north of Snow
Road, and west of the Beardsley Canal.
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from SR (Suburban Residential)
to LR (Low Density Residential) on 90 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 102-04 from A (Agriculture) to R-1
(One Family Dwelling) on 90 acres.
Staff comments by Development Services Director
Stan Grady who advised the Council the project
applicant is requesting that the matter be continued
to next GPA cycle.
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ACTION TAKEN
APPROVED
AS MAGGARD,
HANSON
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14.
HEARINGS ~ontinued
Item 14.c. continued
Hearing opened at 7:42 p.m.
Bill Northrup, David Nelson, Mike Lewis, Rollie
Rhoades and Don Marian spoke in opposition to the
proposed project.
Bob Smith, SmithTechUSA, spoke in favor of the
proposed project.
Bill Northrup spoke in opposition rebuttal to
proceeding with the proposed project.
Hearing closed at 7:58 p.m.
Motion by Councilmember Couch to continue the issue
to the next GPA cycle on August 16, 2006.
d.
Public Hearing to consider resolution establishing
sewer service user charges and fees for Fiscal Year
2006-07.
Hearing opened at 7:59 p.m.
No one spoke.
Hearing closed at 8:00 p.m.
Councilmember Carson requested the Budget and
Finance Committee research granting a partial rebate
to senior citizens and disabled persons of fees charged
for sewer services.
Motion by Councilmember Carson to adopt the
Resolution.
15. REPORTS
a. Update on Isabella Dam and Flood Emergency
Operations within the City.
Water Resources Manger Core and Chief Rector
gave presentations/overviews.
Councilmember Benham requested staff evaluate the
feasibility of making evacuation route maps available in
public buildings.
ACTION TAKEN
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APPROVED
AS MAGGARD
RES 166-D6
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APPROVED
AS MAGGARD
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Bakersfield, California, June 7,2006 - Page 15
REPORTS continued
Item 15.8. continued
Councilmember Benham requested staff provide
information regarding Hwy. 99 and whether it is
elevated enough to spare the roadway from flooding.
Councilmember Benham requested Golden Empire
Transit be made an active participant in an emergency
evacuation response.
Councilmember Benham requested she be kept abreast
of public information campaigns pertaining to
emergency situations.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested Streets repair
potholes in the alley between Truxtun and 17'" Street in
the 2600/2700 block.
Councilmember Benham staff address concerns in the
2f1h Street neighborhood, in the 500/600 block,
regarding alleged drug dealing and large items being
dumped in the alleys.
Councilmember Benham requested staff explore and
report back to Council regarding utilizing portable
photo radar equipment in neighborhoods with
speeding issues.
Councilmember Benham requested staff follow-up on
"modern flop houses" and recommend methods to
improve conditions at the Rankin Hotel.
Councilmember Benham requested the Legislation and
Litigation Committee review implementing
ordinances regarding derelict buildings and setting
time requirements for removal of graffiti by property
owners.
Councilmember Benham requested City Manager Tandy
contact her via telephone tomorrow.
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ACTION TAKEN
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Bakersfield, California, June 7, 2006 - Page 16
COUNCIL AND MAYOR STATEMENTS
18.
Councilmember Hanson requested staff review the
necessity of a stop sign at the intersection on
Shimmering Way and Mirage.
Councilmember Hanson requested information regarding
financial charge-off items. Finance Director Smith
responded.
Councilmember Scrivner requested Assistant City Manager
Christensen coordinate schedules with him.
Councilmember Couch requested staff assist him with
a response to the LAFco Director.
Councilmember Couch requested staff investigate
applying for a grant from the Rose Foundation.
Councilmember Couch requested the Neighborhood
Watch Program be promoted during City sponsored
events such as Movies in the Park and Concerts in the
Park.
19. ADJOURNMENT
Mayor Hall adjourned the meet'ng
ATTEST:
CITY CLERK and Ex Officio Cler
the Council of the City of Bakersfiel
ACTION TAKEN
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