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HomeMy WebLinkAbout09/13/06 CC MINUTES 41 L BAKERSFIELD CITY COUNCIL MINUTES MEETING OF SEPTEMBER 13, 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, Vice-Mayor Maggard, Councilmembers Carson, Benham, Couch, Hanson, Sullivan (seated at 5:25 p.m.), Scrivner Absent: None. 2. WORKSHOPS None. l 3. PUBLIC STATEMENTS None. 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) b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Elizabeth Ann Peel, et al v City, et al. Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5: 16 p.m. APPROVED Motion by Councilmember Couch to adjourn from Closed Session at 6:22 p.m. APPROVED L 42 Bakersfield, California, September 13, 2006 - Page 2 RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Council members Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 6. INVOCATION by Reverend Michael Gilton, St. Paul's Episcopal Parish. 7. PLEDGE OF ALLEGIANCE by Marcus Berry, 4th Grade Student at Laurelglen Elementary. Mayor Hall recognized students from Ridgeview High School in attendance at the meeting. 8. CLOSED SESSION ACTION 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 - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Elizabeth Ann Peel, et al v City, et al. 9. PRESENTATIONS a. b. a. Presentation by Mayor Hall of Proclamation to Becki Whitson, President, BC Alumni Association, and Sally Hill, Secretary and Chairperson, Renegade BBQ, proclaiming September 10 - 16, 2006, as "BC Alumni Week". Becki Whitson and Sally Hill accepted the proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern County Fair Board of Directors, proclaiming September 20- October 1,2006, as "Kern County Fair Days". Bill Blair, CEO of the Kern County Fair, accepted the proclamation and made comments. ACTION TAKEN J NO REPORTABLE ACTION CITY ATTORNEY GIVEN DIRECTION J J l l l 43 Bakersfield, California, September 13, 2006 - Page 3 9. PRESENTATIONS continued ACTION TAKEN c. Presentation by Mayor Hall of Proclamation to Eugene Voiland, proclaiming September 14, 2006, as "Eugene J. Voiland Day". Eugene Voiland accepted the proclamation and made comments. 10. PUBLIC STATEMENTS a. Manuel Fonseca made comments regarding the Queretaro Sister City Gala Event at the Fox Theatre, Saturday, September 23,2006 at 7:00 p.m. and invited the community. b. Richard Ramirez spoke regarding hearing impaired services and provided written material; additionally Ritchie Ramirez spoke regarding hearing impaired services. c. Jayme Seeger spoke regarding the Park at Riverwalk, the recent drownings and warning signs. Councilmember Sullivan requested the Community Services Committee address water safety Issues at Riverwalk Park. d. Saundra Friedberg spoke regarding the necessity of a speed bump on Quail Park Dr. and submitted petitions. Councilmember Benham requested staff contact Mrs. Friedberg regarding the process for speed bump installation. e. Ron Holbert spoke regarding tent permit fees. Councllmember Couch requested staff address the tent permitting issue and additionally initiate a short term solution for imminent events. f. Dennis Fox requested weed abatement assistance and provided written material. 44 11. Bakersfield, California, September 13, 2006 - Page 4 APPOINTMENTS ACTION TAKEN a. One (1) appointment to the Historic Preservation Commission due to the expiration of term of Richard Hackett whose term expired March 30, 2006. j City Clerk McCarthy announced five votes for Patricia Duffell, one vote for Rene Martinez and one vote for John Decker. Motion by Councilmember Couch to appoint Patricia Duffell to the Historic Preservation Commission, term expiring March 3D, 2009. 12. CONSENT CALENDAR APPROVED Minutes: a. Approval of minutes of the August 30, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from August 18, 2006 to September 1 , 2006 in the amount of $13,241,831.36 and self-insurance payments from August 18, 2006 to September 1, 2006 in the amount of $198,722.45. J Ordinances: c. First Reading of Ordinance amending Section 17.60.060 B.9 of the Municipal Code relating to signs permitted in the Bakersfield Auto Mall. Adoption of Ordinance amending Chapter 9.23 of the Municipal Code relating to loud and unruly events. FR d. ORD 4372 e. Adoption of Ordinance amending Section ~ 1.12.060 by adding Annexation No. 477 to Ward 6, located east of Ashe Road, generally north and south of Taft Highway. ORD 4373 j Bakersfield, California, September 13, 2006 - Page 5 45 12. CONSENT CALENDAR continued ACTION TAKEN l f. Adoption of Ordinance approving the Negative ORD 4374 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-12 from R-1 (One Family Dwelling) on 79.3 acres, R-1-HD (One Family Dwelling-Hillside Development Combining) on 10.2 acres, A (Agriculture) on 30.5 acres, and A-HD (Agriculture-Hillside Development Combining) on 10.1 acres to R-1 on 84.8 acres, R- 1-HD on 25.6 acres, and OS (Open Space) on 19.7 acres located at the northwest corner of Morning Drive and Paladino Drive. (GPA/ZC05-1377 and Amendment to Specific Parks and Trails Plan for Northeast Bakersfield) (Applicant: Dunmore Communities/Property Owner: Malladi S. Reddy) g. Adoption of Ordinance approving the Negative ORD 4375 Declaration and amending Title 17 of the Municipal Code and Zoning Map Nos. 102-04 & 102-05 from A (Agriculture) to R-2/PUD (Limited Multiple-Family Dwelling/Planned Unit Development) on 25 acres and R-1 (One Family Dwelling) on 40 acres generally located on the east and west sides of Coffee Road, south of l Etchart Road and west of the Beardsley Canal. (GPA/ZC05-1932) (Applicant: SmithTech/USA, Inc./Property Owner: Bidart Brothers) h. Adoption of Ordinance amending Title 17 of the ORD 4376 Municipal Code and Zoning Map Nos. 142- 03 & 142-04 from A (Agriculture) to R-1 (One Family Dwelling) on 275.25 acres, from A to R-1/PUD (One Family Dwelling/Planned Unit Development) on 181.81 acres, and from R-S-20A (Residential Suburban 20-acre Minimum Lot) to R-1 on 9.78 acres generally bounded byTaft Highway (State Route 119) to the north, Stine Road to the east, Engle Road to the south, and Reliance Drive (future) to the west. (GPA/ZC05-0519) (Applicant: Mcintosh & Associates/Property Owner: Santa Barbara Capital) i. Adoption of Ordinance approving the Negative ORD 4377 Declaration amending Title 17 of the Municipal Code and Zoning Map No. 142-04 from E(20)-RS (Estate-20 acres-Residential Suburban Combining) to R-2 (Limited Multiple Family Dwelling) on 28.87 acres located on the southwest corner of Taft l Highway and Ashe Road. (GPA/ZC05-1917) (Applicant: Marino Associates/Property Owner: Taft 28 LLC) 46 Bakersfield, California, September 13, 2006 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN j. Adoption of Ordinance approving the Negative ORD 4378 J Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 142-04 from A (Agriculture) to R-2-CH (Limited Multiple Family Dwelling/ Church Overlay) on 18.43 acres located on the southeast corner of Taft Highway and Gosford Road. (GPA/ZC05-1918) (Applicant: Marino Associates/Property Owner: KC Taft Gosford) k. Adoption of Ordinance approving the Negative ORD 4379 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 123-34 from A (Agriculture) to R-1 (Single Family Residential) on 8.92 acres located north of Taft Highway (State Route 119) between Stine Road and Ashe Road. (GPA/ZC05-1479) (Applicants: Mcintosh & Associates, Centex Homes/Property Owners: Kevin E Pascoe & Laura C Pascoe) I. Adoption of Ordinance approving the Negative ORD 4380 Declaration and amending Title 17 of the Municipal Code and amending Zoning Map Nos. 124-11 & 124-12 from R-S-1 A (Residential J Suburban-1 acre Minimum) to R-1 (One Family Dwelling) on 4.65 acres, R-S-2.5A (Residential Suburban-2.5 acre minimum) to R-1 on 13.12 acres, County A-1 (Limited Agriculture) to R-1 on 67.66 acres and County NR(5) (Natural Resources-5 acres) to R-1 on 5 acres located on the west side of Fairfax Road, south of Redbank Road. (GPA/ZC05- 1783) (Applicant: Mcintosh & Associates/Property Owner: Fairfax Holdings) m. Adoption of Ordinance approving the Negative ORD 4381 Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-20 from A (Agriculture) to R-1 (One-Family Dwelling) on 52.29 acres located west of Cottonwood Road, between East Panama Lane and Pacheco Road. (GPA/ZC05-0940) (Applicant: Mcintosh & Associates/Property Owners: Patty Smale, Janice Sheldon, William Sheldon and Barbara Sheldon) J Bakersfield, California, September 13, 2006 - Page 7 47 12. CONSENT CALENDAR continued ACTION TAKEN l n. Adoption of Ordinance approving the Negative ORD 4382 Declaration and amending Title 17 of the Municipal Code and Zoning Map No.1 02-06 from A (Agriculture) to E (Estate Residential) on 32.07 acres and to C-1/PCD (neighborhood Commercial/Planned Commercial Development) on 6.79 acres generally located at the northeast corner of Snow Road and Jewetta Avenue (future). (GPA/ZC05-1928) (Applicant: Porter Robertson Engineering/Property Owner: Todd Sweaney) o. Adoption of Ordinance approving the Negative ORD 4383 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 generally located at the east side of Coffee Road, north of Snow Road, and west of the Beardsley Canal. (GPA/ZC05-1453) (Applicant: SmithTech/USA, Inc/Property Owner: Breckenridge Development Co. Inc) Resolutions: l p. Resolution approving the application for grant funds RES 240-tJ6 for the California River Parkways Grant Program under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50). q. Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. Annexation No. 503 consisting of 465.15 RES 241-tJ6 acres located south of Taft Highway, west of Stine Road and east and west of Ashe Road. 2. Annexation No. 521 consisting of 9.77 acres RES 242-06 located north of Taft Highway approximately 2000 feet west of Stine Road. 3. Annexation No. 536 consisting of 109.86 RES 243-06 acres located at the northeast corner of East Panama Lane and South Union Avenue. r. Resolution authorizing the submission of an RES 244-06 application to the California Pollution Control l Financing Authority for funding under the California , Recycle Underutilized Sites Program for Brownfield projects. 48 Bakersfield, California, September 13, 2006 - Page 8 12. CONSENT CALENDAR continued ACTION TAKEN RES 245-06 J Resolution approving the sale of real property by the Bakersfield Redevelopment Agency for a small housing project pursuant to Section 33431 of the California Health and Safety Code. Resolution designating Bucheon City, Republic of Korea, a Sister City of the City of Bakersfield. Resolution of Intention No. 1482 to add territory, Area 4-61 (College, Flintridge NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1483 to add territory, Area 4-62 (Morning, Alfred Harrell SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1484 to add territory, Area 3-56 (McKee, Ashe SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. s. t. u. v. w. Agreements: RES 246-06 ROl1482 ROl1483 R011484 J x. Tract Map and Improvement Agreements: 1. Final Map and Improvement Agreements with McMillin Tuscany, LLC for Tract 6000 Unit 7 located north of State Route 178 and east of Alfred Harrell Highway. Final Map and Improvement Agreements with San Joaquin Development Group II, LLC for Tract 6152 Phase 5 located at southeast intersection of McKee & Akers Roads. Final Map and Improvement Agreements with Bakersfield Chardonnay, LP for Tract 6170 Unit 2 located at northeast intersection of McKee Road & Mountain Ridge Drive. Final Map and Improvement Agreements with Standard Pacific Corp. for Tract 6329 Phase 1 located at southeast intersection of Harris Road & Mountain Vista Drive. AGR 06-265 2. AGR 06-266 AGR 06-267 3. AGR 06-268 AGR 06-269 4. AGR 06-270 AGR 06-271 j 49 Bakersfield, California, September 13, 2006 - Page 9 12. CONSENT CALENDAR continued ACTION TAKEN Item 12.x. continued l 5. Final Map and Improvement Agreements AGR 06-272 with Stuart Thomas, Inc., dba Lenox Homes AGR 06-273 for Tract 6463 located .25 mile north of College Avenue & Fairfax Road intersection, east off of Fairfax Road. y. Agreement with County of Kern and Centex Homes AGR 06-274 for site improvements and easement allowing access to Rudal Road for development of Vesting Tentative Tract 6148 located north of Alfred Harrell Highway and east of the Cattle King Estates on Lake Ming Road. AGR 06-275 z. License Agreement with the U.S. Bureau of Reclamation to use reclamation right-of-way for an equestrian bridge located at the Friant-Kern Canal Outlet Channel, east of Coffee Road. aa. Agreement with Brighton Village Community AGR 06-276 Association to provide landscape maintenance of the streetscape in Vesting Tentative Tract Map 6281 generally located at San Juan Avenue and Cademont Drive. l bb. Agreement with Brighton Parks Community AGR 06-277 Association to provide landscape maintenance of the streets cape and median in Vesting Tentative Tract Map 6250 generally located at Jewetta Avenue and Wincanton Street. cc. Agreement with Brighton Place Community AGR 06-278 Association to provide landscape maintenance of the streetscape in Vesting Tentative Tract Map 6185 generally located on the west side of Jewetta Avenue at Milverton Way. dd. Agreement with Brighton Estates Homeowners AGR 06-279 Association to provide landscape maintenance of the streetscape in Vesting Tentative Tract Maps 6111,6127 and 6128 generally located at Calloway Drive and Gleneagles Drive and the east side of Jewetta Avenue at Milverton Way and Braemar Lane. ee. Agreement with Castle & Cooke California, Inc. to AGR 06-280 provide landscape maintenance of the entry l features in Vesting Tentative Tract Map 6223 generally located at the northeast corner of Allen Road and White Lane. 50 Bakersfield, California, September 13, 2006 - Page 10 12. CONSENT CALENDAR continued ACTION TAKEN ff. Agreement with Castle and Cooke California, Inc. to AGR 06-281 j provide landscape maintenance of the streetscape and median in Vesting Tentative Tract Map 6448 generally located at the southwest corner of Stockdale Highway and South Renfro Road. gg. Agreement with Castle and Cooke Commercial - AGR 06-282 CA, Inc. for use of parking area near Bright House Networks Amphitheatre. hh. Agreement with Bakersfield Redevelopment Agency AGR 06-283 for use and repayment of Section 108 Loan Funds to HUD for the Fire Station NO.5 Project. ii. Amendment No. 1 to Agreement No. 05-246 with AGR 05-42f/1) Hargis and Son ($80,000, revised not to exceed $160,000 and extending term one (1) year) for the biosolids hauling and spreading annual contract. jj. Contract Change Order NO.6 to Agreement No. 05- AGR 05-218 CC06 218 with Floyd Johnston Construction Company ($224,854.04 increase for revised not to exceed $9,065,144.71) for the trunk sewer replacement along Planz Road. kk. Contract Change Order No. 1 to Agreement No. 06- AGR 06-105 CC01 J 105 with Loop Electric, Inc. ($15,158, for revised not to exceed $223,056.40) for traffic signal installation on Camino Media at Scarlet Oak Blvd. and Roadrunner Drive and interconnect synchronization on Camino Media and Haggin Oaks Blvd. Bids: II. Extend bid from Bakersfield Harley Davidson ($90,465.20) for five (5) replacement police special motorcycles. mm. Extend bid from Jim Burke Ford ($821,816.98) for thirty-seven (37) police special sedans. nn. Accept bid and award annual contract to Toter, Inc. AGR 06-284 (not to exceed $528,000) for refuse carts. J 51 Bakersfield, California, September 13, 2006 - Page 11 12. CONSENT CALENDAR continued ACTION TAKEN l 00. Diesel exhaust removal systems for Fire Stations 1, 2,3,4,6,7,8,9, 10 & 11: 1. Accept Federal grant ($211,176) for systems. 2. Accept bid and award contract to Air AGR 06-285 Cleaning Systems, Inc. ($304,221) for installation of systems. Miscellaneous: pp. Transfer $163,000 of appropriations from a budgeted Capital Improvement Project (new signal at Stockdale Highway & Renfro Road) to a new Capital Improvement Project (new signal at Calloway Drive & Noriega Road) within t~e Transportation Development Fund. qq. Appropriate $10,000 developer share project costs to the General Fund in the Development Services operating budget for consulting service for processing SunCal McAllister Ranch environmental documents. l rr. Community Development Block Grant and HOME Investment Partnership Action Plan Amendment No. 3 (FY05/06). 1. Appropriate $25,000 Community Development Block Grant prior year program income. 2. Appropriate $1,250,000 HOME Investment Partnership prior year program income. Motion by Vice-Mayor Maggard to approve consent APPROVED calendar items 12.a. through 12.rr. 13. CONSENT CALENDAR HEARINGS None. l 52 14. HEARINGS Bakersfield, California, September 13, 2006 - Page 12 ACTION TAKEN a. Public Hearing to consider Resolution ordering the vacation of access to vehicular traffic from/to Elm Street from/to 24th Street - south side only. RES 247-06 J City Clerk McCarthy announced correspondence with a petition received from Scott K. Kuney, and from Mary K. Shell in support of the Resolution. Correspondence in opposition to the Resolution was received from Wally Eckdahl. Assistant Public Works Director LaRochelle introduced TRIP Manager Ted Wright who gave a computer presentation. Hearing opened at opened at 7:23 p.m. No one spoke in opposition to the staff recommendation. Scott Kuney, Tim Hay and Derrick Yurosek spoke in support of the staff recommendation. Hearing closed at 7:27. Motion by Councilmember Benham to adopt the Resolution. b. Public Hearing to consider appeal by James B. Wiens of the Planning Commission's decision approving request by Marino and Associates, representing Patricia Crawford, et al (property owners) for Zone Change No. 06-0581 to pre-zone 20 acres from A (Agriculture) to R-S (Residential Suburban) located on the south side of Pioneer Drive (extended), approximately 660 feet east of Vineland Drive. APPROVED J 1. First Reading of Ordinance denying the appeal and adopting a negative declaration and amending Title 17 of the Municipal Code and Zone Map NO.1 04-32 by changing the zoning from A (Agriculture) to R-S (Suburban Residential) on 20 acres generally located on the south side of Pioneer Drive (extended) approximately 660 feet east of Vineland Drive. J l; ", , L l 14. 53 Bakersfield, California, September 13, 2006 - Page 13 HEARINGS continued Item 14.b. continued ACTION TAKEN City Clerk McCarthy announced correspondence was received from Teri A. Bjorn Esq., Kronick, Moskovitz, on behalf of Jim Marino, Marino and Associates, and Patricia Crawford regarding the item. Staff comments by Development Services Director Grady. Hearing opened at 7:31 p.m. Jim Wiens, Esq., Clifford and Brown, on behalf of the Stoller family and Ron Lehr and family, Craig Stoller, Ronald Lehr and Steve Manniatchi, Production Manager Sunridge Nursery, spoke in opposition to the staff recommendation. Teri Bjorn Esq., Kronick, Moskovitz on behalf of Marino and Associates and the property owners, and Jim Marino, Marino and Associates, spoke in favor of the staff recommendation. Steve Manniatchi, Production Manager Sunridge Nursery, spoke in rebuttal opposition to the staff recommendation. No one spoke in rebuttal support of the staff recommendation. Hearing closed at 7:59 p.m. Vice-Mayor requested staff provide the following before the issue Is next brought to Council: · Analysis of implementation of a PUD · Following discussions with both sides, outline consequences should annexation and development not occur · Analysis of consequences should the development take place in the County · Analysis of Ag Commissioner's recommendations · Through analysis of consequences of premature conversion 54 Bakersfield, California, September 13, 2006 - Page 14 14. HEARINGS continued Item 14.b. continued ACTION TAKEN · Analysis of possible liability to the City should the appellant incur substantial financial loss as a result of the project proceeding, and the role possible premature conversion would play in this scenario · A time-frame projection regarding development of sections seventeen and twenty-nine and when development in those areas might intersect · Analysis regarding whether the proposed conversion Is premature in light of possible economic effects on the Stollers as compared with effects of remaining in the County J Councilmember Carson requested staff analyze the effect annexation and development of the project would have on police and fire services. Councllmember Couch requested staff outline the stipulations required of property owners in the pre- zoning and annexation process. Motion by Vice-Mayor Maggard to bring the issue back to Council during October. APPROVED c. Public Hearing to consider appeal by Siena Homes of the Board of Zoning Adjustment's decision denying their request for a Zone Modification No. 06-1249 to reduce the required front yard setback along Amati Drive from 25 feet to 20 feet for a single-family residence in an R-1 (One Family Dwelling) zone district located at 7009 Amati Drive. J 1. Resolution denying the appeal and denying Zone Modification No. 06-1249. RES 248-06 Staff comments by Development Services Director Grady. Hearing opened at 8:16 p.m. Phil Gaskill spoke in favor of the appeal. Hearing closed at 8:17 p.m. Motion by Vice-Mayor Maggard to uphold the appeal. APPROVED j l 15. Bakersfield, California, September 13, 2006 - Page 15 ACTION TAKEN 55 REPORTS None. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS a. Authorization of a letter from the City and Bakersfield Redevelopment Agency to the United States General Services Administration regarding a Federal Courthouse in downtown Bakersfield. Staff comments by City Manager Tandy. Motion by Councilmember Benham to authorize sending the letter. APPROVED 18. MAYOR AND COUNCIL STATEMENTS l l' -". ( Councilmember Benham requested staff address four separate sidewalk, streets and canal fencing issues and provided location information. Councilmember Benham provided an article regarding running trails in new developments and asked that Council and the Mayor be furnished copies of the article. Councilmember Couch requested staff bring a Resolution to Council supporting the League of California Cities position regarding vehicle forfeiture as a penalty for illegal speeding contests or exhibitions of speed. Council member Couch requested staff contact him. Councilmember Carson requested an update regarding the sidewalk at 147 Hayes. Councilmember Carson requested staff investigate the non-licensed half-way house at 823 T Street and take appropriate action. Councilmember Carson requested staff provide an update regarding the status of fencing for the Senior Housing on Lowell Place. 56 Bakersfield, California, September 13, 2006 - Page 16 18. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Carson requested Recreation and Parks Director Hoover attend the Safe Neighborhoods Committee meeting on 9-14-06. j Coucilmember Carson requested the meeting be adjourned in memory of Bakersfield's first female police officer, Mary Holman Dodge. Councilmember Hanson requested an update regarding the Municipal Airpark. City Manager Tandy responded. Councilmember Hanson requested the Budget and Finance Committee address business licensing issues for real estate firms. Councllmember Hanson requested staff respond to an email from Mrs. Emmie Smith regarding the train tracks at Buena Vista and Panama. Council member Scrivner thanked staff for responding to his referrals promptly. Councllmember Scrivner requested staff provide a written report, with an estimated completion date, Including landscaping, of the Hwy. 99 and White Ln. interchange. J Councilmember Scrivner requested staff provide a written update on the projected date the EIR for the Hwy. 99 Walmart will be presented to Council, an estimated date for resuming work on, and the completion of the project. Councilmember Sullivan requested staff address noise issues at a car stereo business at Wible and Planz and send a letter to the business informing them of the problem. Council member Sullivan made comments regarding landlord issues. Council member Sullivan made comments regarding street repairs. Councilmember Sullivan stated she would look forward to an update regarding the Hwy. 99 Walmart project. Vice-Mayor Maggard requested staff contact him to discuss a 12' wall fronting a highway subdivision. j l l l Bakersfield, California, September 13, 2006 - Page 17 18. MAYOR AND COUNCIL STATEMENTS continued Vice-Mayor Maggard requested staff investigate whether new construction has impeded handicapped access at No. Chester between Columbus and 31(h St. Vice-Mayor Maggard thanked City Attorney Gennaro for information regarding suspending drivers licensing for graffiti offenses; requested Information on whether this action is actually being taken and if it is not to find a way to encourage this action. Vice-Mayor Maggard requested information regarding holding parents responsible for vandalism performed by minors. City Attorney Gennaro responded. Vice-Mayor Maggard made comments regarding police resources and gang versus graffiti enforcement. Mayor Hall thanked the Council for approval of item 12.t., a Resolution designating Bucheon City, Republic of Korea, as the fifth Sister City of the City of Bakersfield. 19. ADJOURNMENT Mayor Hall adjourned the meeting at 8:52 p.m. in memory of Bakersfield's first female police officer, Mary Holman Dodge. ATTEST: ~L1.m~ CITY CLERK and Ex Officio Cle the Council of the City of Bakersfiel 57 ACTION TAKEN 58 Bakersfield, California, September 13, 2006 - Page 18 J J j