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HomeMy WebLinkAbout07/19/06 CC MINUTES l BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JULY 19, 2006 4U37 .. Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Councilmembers Carson, Benham, Couch, Sullivan, Scrivner Absent: Vice-Mayor Maggard, Councilmember Hanson Motion by Councilmember Couch to add an item to the Closed Session portion of agenda that arose after the agenda was posted regarding potential litigation as item 3.c. l 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Molina v City. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(B) of Government Code Section 54956.9. (One case regarding incident at The Park at Riverwalk on July 1,2006) l c. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(E) of Government Code Section 54956.9. (one matter) Motion by Councilmember Couch to adjourn the meeting to Closed Session at 5: 17 p.m. Motion by Vice-Mayor Maggard to adjourn from Closed Session at 6:37p.m. ACTION TAKEN APPROVED AS MAGGARD, HANSON APPROVED AS MAGGARD, HANSON APPROVED AS MAGGARD, HANSON 438 Bakersfield, California, July 19, 2006 - Page 2 RECONVENED MEETING - 6:40 p.m. 5. ROLL CALL Present: Mayor Hall, Council members Carson, Benham, Couch, Sullivan, Scrivner Absent: Vice-Mayor Maggard, Hanson Councilmember 6. INVOCATION by Reverend Janel! Mahoney, First Congregational Church. 7. PLEDGE OF ALLEGIANCE by Gabby Claggett, 4th Grade Student at Centennial Elementary School. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Molina v City. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(B) of Government Code Section 54956.9. (One case regarding incident at The Park at Riverwalk on July 1, 2006). b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(E) of Government Code Section 54956.9 9. PRESENTATIONS c. a. Presentation by Mayor Hall of Certificates to the Number 1 ranked graduates in the Kern High School District. Mayor Hall recognized the following students and presented them with certificates: · Ronik Bhangoo and Raechel Paine - Bakersfield High School · Kyle Bardet, Joshua Cartmell, Sarah Franz and Nicholas Griepsma - Centennial High School · Alexis Nelson and Katelyn Walker - East Bakersfield High School · Celeste Ahl, Lauren Barnes, Maria Mendez and Amanda Shumway - Foothill High School ACTION TAKEN j CITY ATTORNEY AUTHORIZED TO SETTLE FOR $40,000 NO REPORTABLE ACTION j NO REPORTABLE ACTION j L L Bakersfield, California, July 19, 2006 - Page 3 9. PRESENTATIONS Item 9.a. continued · Candelaria Cuestas - Golden Valley High School · Ravi Doshi and Meagan Jackson - Highland High School · Jillian Brandley, Elizabeth Garber, Michael Gardiner, Steven Gardiner, Caitlin Ghilarducci, Matthew Hicks, Matthew Klinchuch, Alicia Kolbus, Cameron Lewis, Kirsten Paulson, Emma Suderman, Nicholas Toothman and Robert Winchester - Liberty High School · Ben Giesbrecht, Andia Heydari and Joshua Spiers - North High School · Navjot Sidhu and Linda Wilson - Ridgeview High School · Laurice Gango - South High School · Michele Chin, Arezu Haghighi, Nimi Katragadda, Ashley Ratliff and Curtis Wang - Stockdale High School · Sara Freeman and Curtiss Walker - West High School b. Presentation by Mayor Hall of Certificates to Fruitvale Junior High National History Day Gold Medal winners. Mayor Hall introduced Fruitvale National History Day winners James Diller, Brianne During, Lindsay Hatcher, Marriel Hies, Laura Wilson and coach Doug Wilson and presented each individual with a certificate. Coucilmember Benham made comments regarding the Gold Medal winners. 10. PUBLIC STATEMENTS Councilmember Sullivan congratulated the students. l a. Mike Polyniak proposed a cat Ordinance and provided written material. Councilmember Scrivner requested the Legislation and Litigation Committee address the cat Ordinance Issue. b. Aneesha Hasan spoke regarding term limits. c. Ann Gallon spoke regarding the Federal Court House. 43'9 '- ACTION TAKEN r 440 ' Bakersfield, California, July 19, 2006 - Page 4 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 21, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from June 9, 2006 to July 7,2006 in the amount of $19,723,523.18 and self-insurance payments from June 9, 2006 to July 7,2006 in the amount of $374,377.03. Ordinances: c. First Reading of Ordinance amending Section 15.82.060 of the Municipal Code relating to the fee for park development and improvement. First Reading of Ordinance amending Municipal Code Section 1.12.030 by adding Annexation No. 485 to Ward 3, located south of Meany Avenue, approximately 300 feet west of Patton Way. d. e. First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-08) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to PUD (Planned Unit Development) on 30.63 acres generally located on the southwest corner of Ming Avenue and Gosford Road. (Applicant: Mcintosh & Associates representing Castle & Cooke California, Inc.) (ZC 06-0332) Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-26 from R- 1 (One-Family Dwelling) to PUD (Planned Unit Development) on approximately 5 acres located at the northeast corner of Stine and Berkshire Roads. (ZC 05-1455) (Lynx Realty & Management, representing William & Geraldine Skaggs) f. ACTION TAKEN J FR FR J FR ORD 4363 j l l l Bakersfield, California, July 19, 2006 - Page 5 12. CONSENT CALENDAR continued g. Adoption of Ordinance approving Notice of Exemption and amending Section 17.06.020 (Zone Map Nos. 122-16, 21, 22 & 23) of the Municipal Code by changing the zoning from A- 20A (Agriculture 20 Acre Minimum Lot Size) to E (Estate-One Family Dwelling) on 143.09 acres; R-1 (One Family Dwelling) on 988.82 acres; R-2 PUD (Limited Multiple Family Dwelling-Planned Unit Development) on 303.21 acres; to R-3 PUD (Limited Multiple Family Dwelling-Planned Unit Development) on 159.67 acres; C-1 PCD (Neighborhood Commercial-Planned Commercial Development) on 118.30 acres; C-C PCD PE (Commercial Centers-Planned Commercial Development & Petroleum Extraction Combining) on 320.10 acres; and DI (Drilling Island) on 37.61 acres located on the north side of Panama Lane between S. Allen Road and Nord Avenue. (ZC 06- 0321) (Mcintosh & Associates, representing SunCal Companies) (McAllister Ranch) Resolution in opposition to the Oil Tax Initiative, a Statewide Ballot proposal also known as the Clean Alternative Energy Act. Resolution requesting the State Legislature amend State laws pertaining to Safe Zones. j. Property Abatements: h. i. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties for which dangerous buildings have been demolished and authorize collection of assessments by the Kern County Tax Collector. 2. Resolution confirming approval by the Assistant City Manage of the Chief Code Enforcement Officer's report regarding assessments of certain properties for which structures have been secured against entry or for abatement of weeds, debris and waste matter and authorize collection of assessments by the Kern County Tax Collector. 1. 4 -4 1'- ACTION TAKEN ORD 4364 RES 177-06 RES 178-06 RES 179-06 RES 180-06 4 4 2- - Bakersfield, California, July 19, 2006 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN k. Delinquent Sewer User Charges: J 1. Resolution providing for establishment of RES 181-D6 separate special assessment funds for Wastewater Treatment Plants 2 and 3 to be added to the property tax roll for the collection of delinquent sewer charges. 2. Resolution authorizing the Kern County Tax RES 182-D6 Collector to collect said charges. I. Delinquent Refuse User Charges: 1. Resolution providing for establishment of a RES 183-06 separate special assessment fund for Solid Waste to be added to the property tax roll for the collection of delinquent prorated refuse charges for new services previously billed. 2. Resolution authorizing the Kern County Tax RES 184-06 Collector to collect said charges. m. Resolution calling and giving notice of holding a RES 185-06 General Municipal Election for the election of J Council members for Wards 1,3,4 & 7 and requesting consolidation with the County of Kern State-wide General Election to be held on Tuesday, November 7, 2006. n. Resolution adding territory, Area 4-58 (16th, Myrtle RES 186-06 SE) 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 Collector. o. Resolution of Intention No. 1361 to add territory, RO/1361 Area 3-50 (Harris, Progress NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. p. Resolution of Intention No. 1413 to add territory, Area 3-52 (Panama, Mountain Vista SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. RO/1413 J Bakersfield, California, July 19, 2006 - Page 7 44-J 12. CONSENT CALENDAR continued ACTION TAKEN l q. Resolution of Intention No. 1461 to add territory, RO/1461 Area 1-61 (Etchart, Verdugo SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. r. Resolution of Intention No. 1462 to add territory, RO/1462 Area 3-49 (Old River, Pacheco SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1463 to add territory, RO/1463 s. Area 4-56 (Kern Canyon, Vineland ) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 1. Resolution of Intention No. 1464 to add territory, RO/1464 Area 4-57 (Vineland, Highlander SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. l u. Resolution of Intention No. 1465 to add territory, RO/1465 Area 5-27 (S. Union, Hosking SE#2) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. v. Resolution of Intention No. 1467 to add territory, RO/1467 Area 5-28 (Planz, Hale SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. w. Resolution of Intention No. 1468 to add territory, RO/1468 Area 3-48 (Panama, Ashe SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. x. Resolution of Intention No. 1469 to add territory, RO/1469 Area 3-51 (Harris, Mountain Vista SE to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. l 44 4~,;-.. 12. Bakersfield, California, July 19, 2006 - Page 8 CONSENT CALENDAR continued y. Resolution of Intention No. 1470 to add territory, Area 5-29 (Hale, Filson SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 492 consisting of 80.98 acres located west of Miramonte Drive, generally south of State Highway 178. z. 2. Annexation No. 510 consisting of 126.68 acres located south of Olive Drive, west of State Freeway 99. Annexation No. 522 consisting of 60.77 acres located south of Rosedale Highway, west of EI T oro Viejo and east of Calloway Drive. 3. 4. Annexation No. 523 consisting of 33.01 acres located north of east Hosking Avenue, between South Union Avenue and Cottonwood Road. Annexation No. 530 consisting of 77.56 acres located at the northwest corner of Gosford Road and Taft Highway. Annexation No. 531 consisting of 96.07 acres located north of Stockdale Highway, generally west of Renfro Road. Annexation No. 554 consisting of 66.69 acres located west of Jewetta Avenue, east of Calloway Canal and north of Snow Road. Annexation No. 556 consisting of 32.29 acres located west of Stine Road, south of Taft Highway and east of Farmer's Canal. 5. 6. 7. 8. ACTION TAKEN RO/1470 j RES 187-06 RES 188-06 RES 189-D6 RES 190-06 J RES 191-06 RES 192-06 RES 193-06 RES 194-D6 J L L l Bakersfield, California, July 19, 2006 - Page 9 12. CONSENT CALENDAR continued aa. Revised job specification, changes to salary schedule and title change: 1. Amendment No.2 to Resolution NO.78-06 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 Special Events Manager, Rabobank Arena. 2. Revised job specification for Director of Booking and Events position. 3. Change of Title for Director of Booking and Events to Special Events Manager, Rabobank Arena. Agreements: bb. Final Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with R S & B Land Development for Tract 5923 Phase 4 located on the intersection of Chase Avenue and Mesa Marin Drive. Final Map and Improvement Agreements with Fairway Oaks South, LP. for Tract 6079 Unit 5 located South of Southern Pacific R.R. on Mountain Vista Road. Final Map and Improvement Agreements with Pulte Home Corporation for Tract 6149 Phase 8 located on Highway 178 West of Miramonte Drive. Final Map and Improvement Agreements with K. Hovnanian @ Rosemary Lantana, LLC for Tract 6498 Phase 1 located on the intersection of Panorama Drive and Masterson Street. 5. Final Map with "Q" Street Investments, LLC for Tract 6538 located on the intersection of 36th Street and "Q" Street. 1. 2. 3. 4. 6. Final Map and Improvement Agreements with Castle & Cooke California, INC for Tract 6681 located on the intersection of Ming Avenue and Grand Lakes Avenue. 4 45 ;", ACTION TAKEN RES 78-06(2) AGR 06-186 AGR 06-187 AGR 06-188 AGR 06-189 AGR 06-190 AGR 06-191 AGR 06-225 AGR 06-192 AGR 06-193 AGR 06-194 446" Bakersfield, California, July 19, 2006 - Page 10 12. CONSENT CALENDAR continued ACTION TAKEN cc. Agreement with D. R. Horton Los Angeles Holding AGR 06-195 J Company, Inc. ($145,000) to purchase DEED 6460 real property located west of Old River Road, north of Harris Road for a water well site. dd. Agreement with Kern River Public Access AGR 06-196 Committee ($492,525) to purchase real DEED 6461 property located east of Coffee Road on the south side of Brimhall Road (extended) for the Westside Parkway. ee. Assignment of Pipeline License Agreement No. 92- AGR 06-197 10 from Duke Energy Field Services LP to Oildale Energy LLC. ff. Agreement with County of Kern to reimburse direct AGR 06-198 labor cost incurred related to the development of projects for the Thomas Roads Improvement Program (TRIP) on County lands (unspecified amount). gg. Agreement with William Avery & Associates (not to AGR 06-199 exceed $150,000) for executive search services. hh. License Agreement with Kern County Water Agency AGR 06-200 for the northwest pipeline, turnouts and controls j within One Ditch Canal near Coffee Road. ii. Agreement with Greater Bakersfield Convention and AGR 06-201 Visitors' Bureau for the purpose of promoting the City. jj. Reimbursement agreement to develop Weston Park located at the southwest corner of Stine Road and McKee Road. 1. Agreement with Lennar Homes of California, AGR 06-202 Inc. ($502,350) to develop park. 2. Appropriate $502,350 Fund Balance within the Capital Improvement Budget of the Park Improvement Fund (Southwest Zone 1- Improvement Funds). J ------~-- 447 . . -l Bakersfield, California, July 19, 2006 - Page 11 12. CONSENT CALENDAR continued ACTION TAKEN l kk. Purchase of real property located north of Paladino AGR 06-203 Drive, east of Valley Lane for park site. DEED 6462 1. Agreement with Barcelona LLC ($89,000) for purchase of said real property. 2. Appropriate $94,000 Fund Balance within the Capital Improvement Budget of the Park Development Fund (Northeast Zone 3- Acquisitions Funds). II. Calloway Canal Box Culvert and Relocation of the Friant Kern Canal Project. 1. Reimbursement Agreement with Lennar AGR 06-204 Homes ($93,000) to construct improvements on Olive Drive and Calloway Drive. 2. Reimbursement Agreement with McMillin AGR 06-20S Homes ($27,418) for construction costs of block walls and gates near the intersection of Olive Drive and Calloway Drive. 3. Appropriate $340,000 Transportation L Development Fund balance to the Capital Improvement Budget to fund Reimbursement Agreements and other project costs. mm. Cooperative Agreement with the State of California AGR 06-206 Department of Transportation for proposed interchange on State Route 99 at Hosking Avenue. nn. Agreement with GC Environmental, Inc. (not to AGR 06-207 exceed $507,508) for landfill gas system services for four year term. 00. Agreement with Dokken Engineering ($4,413,674) AGR 06-208 for design consulting services for Phase I of the Westside Parkway Project (Mohawk Street from Rosedale Highway to Truxtun Avenue). l 448 Bakersfield, California, July 19, 2006 - Page 12 12. CONSENT CALENDAR continued ACTION TAKEN pp. Consultant Agreements for Improvement Plan and J Final Map Review. 1. Agreement with Boyle Engineering AGR 06-209 Corporation (not to exceed $150,000) for improvement plan, final map and maintenance district consulting services. 2. Agreement with Harris and Associates (not AGR 06-210 to exceed $100,000) for improvement plan and final map consulting services. qq. Agreement with Greenfield Housing, L.P. ($300,000 REMOVED FOR HOME Investment Partnership Community Housing SEPARATE Development Organization (CHDO) funds) to CONSIDERA TION construct 35 affordable single family rental units at the southwest corner of Fairview Road and South Union Avenue. rr. Agreement with Quad Knopf, Inc. to sublease office AGR 06-212 space at 900 Truxtun Avenue. ss. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 05-1420 generally located on the southeast corner of Taft Highway and J Buena Vista Road. 1 1. Agreement with Bakersfield-Taft, LLC AGR 06-213 ($273,248) for the preparation of an EIR and appropriate $205,450 (developer's contribution) to the Development Services Operating Budget in the General Fund. 2. Agreement with Impact Sciences, Inc. AGR 06-214 Consulting ($205,450) to prepare EIR. tt. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-0961 (Riverview-Section 21) generally located east of Kern Canyon Road, west of Comanche Road, and north of future extension of Jaunt Road. 1. Agreement with SKY 21, LLC and North East Budget in the General Fund. AGR 06-215 2. Agreement with RBF Consulting ($150,000) to prepare EIR. AGR 06-216 J Bakersfield, California, July 19, 2006 - Page 13 44 9' '.. 12. CONSENT CALENDAR continued ACTION TAKEN l uu. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 06-0962 generally located southeast of Kern Canyon Road, north of Breckenridge Road. 1. Agreement with Bakers Hill, LLC ($195,000) AGR 06-217 for preparation of EI R and appropriate $150,000 (developer's contribution) to the Development Services Operating Budget in the General Fund. 2. Agreement with RBF Consulting ($150,000) AGR 06-218 to prepare EIR for GPA No. 06-0962. w. Amendment No. 1 to Agreement No. 03-203 with AGR 03-203(1) California Water Service Company to include a treated water filtration plant in the Joint Use of Water Facilities at City of Bakersfield Station L208 located at the corner of Coffee and Norris Roads. ww. Amendment No. 1 to Agreement No. 05-122 with AGR OS-122(1) the State of California Department of transportation (Caltrans) to transfer maintenance and operation of new signal at Ming Avenue and State Route 99 l southbound on-ramp from Caltrans to the City. xx. Amendment NO.5 to Agreement No. 97-283 with AGR 97-283(S) SunGard HTE ($145,900) to provide customized programming services to improve synchronization of the HTE File with Kern County Assessor's data. yy. Amendment No. 1 to Agreement No. 05-262 with AGR OS-262(1) Jim Alfter Cement Contractor ($900,000 revised total not to exceed $1,800,000) and extending term for one year for the annual contract for concrete construction. Bids: zz. Reject bid for storm drain improvements north of Hageman Road from Coffee Road to Patton Way. aaa. Accept bid and award annual contract to Ameripride AGR 06-219 Uniform Services, (not to exceed $650,000) for industrial laundry service. bbb. Accept bid from Central Valley Truck Center ($456,880.72) for two additional automated l 45'0 Bakersfield, California, July 19, 2006 - Page 14 12. CONSENT CALENDAR continued ccc. Accept bid and award annual contract to Kern Sprinkler Landscaping, Inc. (not to exceed $175,000) for landscape and irrigation service. ddd. Accept bid and award contract to Pestmaster Services, Inc. (not to exceed $118,300) for chemical application. eee. Accept bid and award contract to Loop Electric ($111,685) for traffic signal and lighting system installation on Panama Lane at Ashe Road. fff. Pavement Reconstruction Project for Federal Fiscal Year 2005/2006 - Various Locations 1. Accept bid and award contract to Griffith Company ($2,870,348) for construction of project. 2. Appropriate $526,634 Federal Surface Transportation funds and $70,000 Gas Tax fund balance to the Capital Improvement budgets within the ISTEA Fund and the Gas Tax Fund, respectively. Miscellaneous: ggg. Appropriate $20,000 contribution from First 5 of Kern to the General Fund in the Recreation & Parks Department Operating Budget for a mini-grant to provide and install playground safety surfacing at Campus North, Quailwood, Yokuts and University Parks. hhh. Appropriate $69,210 State Grant Revenue for the Waste Tire Enforcement Grant Program to the Development Services Operating Budget in the General Fund. Appropriate $20,000 Developer Share EIR Trust Revenues to the Planning Department operating budget within the Development Service Fund for consulting services to provide assistance in processing concurrent applications and Environmental Impact Reports for GPA/ZC Nos. 06- 0961 (Riverview-Section 21) and 06-0962 (Watermark-Section 29). Acceptance of 2004-05 Transportation Development Act Funds Financial Statements. iii. jjj. ACTION TAKEN J AGR 06-220 AGR 06-221 AGR 06-222 AGR 06-223 AGR 06-224 J j, .,' L L L Bakersfield, California, July 19, 2Q06 - Page 15 12. CONSENT CALENDAR continued kkk. Revised job specification for Network Systems Analyst position. III. Revised job specification for Development Associate position. mmm. Audit Reports related to City transportation programs: 1. California Department of Transportation Examination of Indirect Cost Rate Proposals for the Department of Public Works. 2. California State Controllers Office Gas Tax Fund Audit Report. nnn. Appointment of League Voting Delegate and Alternate at Annual Conference. 000. 2006 Legislative Platform City Clerk McCarthy announced correction to item 12.nnn. Motion by Councilmember Couch to approve Consent Calendar items 12.a. through 12.000. with correction to item 12.nnn. and the removal of item 12.qq. for separate consideration. qq. Agreement with Greenfield Housing, L.P. ($300,000 HOME Investment Partnership Community Housing Development Organization (CHDO) funds) to construct 35 affordable single family rental units at the southwest corner of Fairview Road and South Union Avenue. Motion by Councilmember Carson to approve the Agreement. 13. CONSENT CALENDAR HEARINGS None. 45,1" ~ ACTION TAKEN APPROVED AS MAGGARD, HANSON AGR 06-211 DEED 6463 DEED 6464 APPROVED AS MAGGARD, HANSON -' 4 5-2" , Bakersfield, California, July 19, 2006 - Page 16 14. HEARINGS a. Public Hearing to consider street cut workmanship and performance fee increase from $9.60 per lane- foot to $17.50 per lane-foot. 1. Resolution approving and adopting an adjustment to the street cut workmanship and performance warranty fee. First Reading of Ordinance amending Municipal Code Section 12.16.150 by adding Subsection C relating to the imposition of the street cut workmanship and performance warranty fee. 2. Public Works Director Rojas made staff comments. Hearing opened at 7:18 p.m. No one spoke. Hearing closed at 7:19 p.m. Motion by Councilmember Couch to adopt the Resolution and give first reading to the Ordinance. b. Public Hearing to consider appeal by Leroy Petty of the Building Director's decision concerning construction of a carport at 3309 Spring View Street. 1. Resolution upholding the Building Director's decision requiring the applicant to apply for a zoning modification with the Planning Department and comply with the Board of Zoning Adjustment's ruling within 10 days or, if a zoning modification is not pursued, remove the carport within 30 days. Development Service Director Grady made staff comments. Hearing opened at 7:22 p.m. Leroy Petty spoke in opposition to the staff recommendation. No one spoke in support of the staff recommendation. Motion by Councilmember Sullivan to continue the issue to the August 30, 2006 Council meeting. ACTION TAKEN J RES 195-06 FR APPROVED AS MAGGARD, HANSON CONTINUED TO AUGUST 30, 2006 j APPROVED AS MAGGARD, HANSON J...........' , 15. L. .Jo...:. 16. Bakersfield, California, July 19, 2006 - Page 17 REPORTS None. DEFERRED BUSINESS 17. NEW BUSINESS None. 18. COUNCIL AND MAYOR STATEMENTS L L Councilmember Benham requested staff provide an updated regarding the schedule for the streetscaping project on 3"fh Street. Councilmember Benham requested staff fill potholes on Niles St. between Mt. Vernon and Beale. Councilmember Benham requested staff address a citizen inquiry regarding acquisition of property along the 2if" Street corridor. Councilmember Benham requested an update regarding a previous referral concerning the repair of the sidewalk in front of Cay Health Foods and provided contact information. Councilmember Benham requested staff address issues concerning construction and maintenance of the Veterans Memorial and provided correspondence from Colombo Construction outlining those concerns. Councilmember Benham requested staff assistance In responding to citizen concerns regarding the train whistle issue. Councilmember Benham requested Mayor Hall adjourn the meeting in honor of the late Jim Burke. Councllmember Carson requested staff repair a pothole at Rodman and Virginia A venue. Councilmember Carson requested staff evaluate the pavement on Stockdale Hwy. and Real Road. Councilmember Carson thanked Recreation and Parks Director Hoover for the Movie in the Park evening in Casa Loma Park. Councilmember Sullivan stated she would provide a list of streets in need of repairs in the next few days. 4 5'-3" . ACTION TAKEN 4 5 4' ,..- . .-. ...... .. 18. Bakersfield, California, July 19, 2006 - Page 18 COUNCIL AND MAYOR STATEMENTS continued Councilmember Sullivan made comments regarding the 50th Anniversary of the Congressional approval of the "In God We Trusf' motto as the official motto of the United States and the commemoration to take place at the Convention Center on July 30th. Councilmember Couch requested the Safe Neighborhoods and Community Relations Committee address the following elements regarding parks: . Increased police presence . Park patrol . Park Ambassador Program or Friends of the Park Program . Promotion of the Adopt a Park Program . Implementation of a Park Watch Program modeled after the Neighborhood Watch Program Councilmember Couch requested staff thank the County for the installation of the traffic signal at Jenkins and Meacham. Councilmember Couch requested staff accompany him and Supervisor Rubio on August 1, at 2:00 p.m., to meet with the Editorial Board of the San Joaquin Valley Air Pollution Control District to request funds for a transfer siting station; additionally staff to approach the Rose Foundation to request funds for the siting station. Councilmember Couch thanked Boy Scout Troop 194 for cleaning up the bikepath on July 8 and July 11, California Pizza Kitchen for providing diner to participants and Jamba Juice for awarding a prize to the scout picking up the most trash. Councilmember Couch complimented the Police Department for rapid response to an issue at Riverwalk Park. Councilmember Scrivner thanked staff for responding to referrals expeditiously. Councilmember Scrivner thanked Public Works Director Rojas, Development Services Director Grady, City Manager Tandy, Assistant Chief Lynn and staffs for making recent community meetings successful and Assistant City Manager Christensen for coordinating the meetings. ACTION TAKEN J j J~. -'> l $$1.\ l L Bakersfield, California, July 19, 2006 - Page 19 18. COUNCIL AND MAYOR STATEMENTS continued Mayor Hall made comments regarding the legacy of Jim Burke 19. ADJOURNMENT Mayor Hall adjourned the meeting at 7:52 p.m. in memory of Jim Burke. ATTEST: CITY CLERK and E fficio Clerk of the Council of the City of Bakersfield 455 ' -i ~ ACTION TAKEN 456 *****THIS PAGE INTENTIONALLY LEFT BLANK***** J;' 4 J J