HomeMy WebLinkAbout03/14/07 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 14, 2007
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 Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan, Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
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a. Michael Turnipseed spoke regarding the T.R.I.P.
Project and funding of the project in light of the
failure of the Y2 Cent Sales Tax Initiative to pass in
the November election.
3.
WORKSHOPS
a. Status Report on Thomas Roads Improvement
Program (TRIP).
City Manger Tandy, Public Works Director Rojas
and T.R.I.P. Manager Wright gave a computer
presentation and provided written material.
Councilmember Couch requested staff provide a letter
to the members of KernCOG reassuring them that the
City of Bakersfield is interested in procuring as much
money as possible for our region, but not at the
expense of other KernCOG communities, and that the
City is willing to work with the other members to
achieve that end.
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Councilmember Weir requested a narrative of the
process involved in the awarding of the T.R.I.P. funds;
what the local obligation is to the federal government
due to these proceeds, and how the City has obligated
itself to the federal government in order to receive the
funds.
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4.
CLOSED SESSION
Bakersfield, California, March 14, 2007 - Page 2
ACTION TAKEN
a.
Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding
Wanda Grant, et al v City, et al.
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Motion by Vice-Mayor Hanson to adjourn the
meeting to Closed Session at 6:00 p.m.
Motion by Councilmember Benham to adjourn from
Closed Session at 6:14 p.m.
APPROVED
APPROVED
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Scrivner
Absent:
Sullivan, Couch
7.
INVOCATION by Chaplain Gary Bashor, Rosewood
Retirement Community.
PLEDGE OF ALLEGIANCE by Benjamin Klein, 5th Grade
Student at Columbia Elementary School.
Mayor Hall acknowledged Bakersfield College and
Ridgeview High School government classes in attendance
at the meeting.
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6.
8. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding
Wanda Grant, et al v City, et al.
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Dr.
Wilbur Suesberry, President of Kern County
Medical Society, and Mrs. Joel Cohen, President of
Kern County Medical Society Alliance, proclaiming
March 30, 2007, as Doctor's Day.
Dr. Suesberry accepted the Proclamation and made
comments.
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Bakersfield, California, March 14, 2007 - Page 3
9.
PRESENTATIONS continued
ACTION TAKEN
b.
Presentation by Mayor Hall of Proclamation to
Susan D. Handy, Principal, Bakersfield Adult
School, proclaiming March 12-16,2007, as Adult
Education Week.
Nancy Williams, Program Administrator, accepted
the Proclamation and made comments.
10. PUBLIC STATEMENTS
a. Nick Northrop, Paige Tucker and Alexandra Maxwell
spoke regarding the Mayor's Youth Council.
b. Marvin Dean spoke regarding the T.R.I.P. Project,
small business and minority contractors, and
provided written material.
Councilmember Carson requested staff arrange
informational meetings with T. R.I. P. and the Kern
County Minority Contractors Association.
11. APPOINTMENTS
a.
Vice-Mayor Appointments to Kern Economic
Development Corporation (KEDC), Local
Agency Formation Commission (LAFCQ) Alternate
and Kern COG for 2007-2008.
Motion by Vice-Mayor Hanson to appoint EDCD
Director Kunz to serve as the City representative on the
Kern Economic Development Corporation.
APPROVED
AS COUCH,
SULLIVAN
Motion Vice-Mayor Hanson to appoint himself as the
alternate to LAFCO.
APPROVED
AS COUCH,
SULLIVAN
Motion by Vice-Mayor Hanson to appoint himself as the
alternate to KernCOG and to move the effective date of
Councilmember Scrivner's appointment to KernCOG to
March 15, 2007.
12. CONSENT CALENDAR
APPROVED
AS COUCH,
SULLIVAN
Minutes:
a. Approval of minutes of the February 28,2007
Regular City Council Meeting.
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Bakersfield, California, March 14, 2007 - Page 4
12.
CONSENT CALENDAR continued
Payments:
b. Approval of department payments from February 16,
2007 to March 1, 2007 in the amount of
$11,139,682.08 and self-insurance payments from
February 16, 2007 to March 1, 2007 in the amount
of $208,850.08.
Ordinances:
c.
First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (Zone
Map 123-2) of the Municipal Code by changing the
zoning from R-1 (One Family Dwelling) and R-3
(Multiple Family Dwelling) to C-O PCD (Professional
and Administrative Office-Planned Commercial
Development) on .86 acres located at the
northwest corner of S. Real Road & Elcia Drive.
(ZC 06-2038) (Applicant: Stephen Hawkins
P.E./ Property Owner: Gartner Family Trust)
d.
Adoption of Ordinance amending Section 17.06.020
(Zone Map 124-16) of the Municipal Code by
changing the zoning from R-1 (One Family Dwelling)
to R-2 (Limited Multiple Family Dwelling) on 40
acres located on the northwest corner of E. White
Lane & Washington Street. (ZC 06-1043)
(Applicant: Hendricks Engineering/Property Owner:
Cottonwood Villas)
e.
Adoption of Ordinance amending Section 17.06.020
(Zone Map 103-13) of the Municipal Code by
changing the zoning from R-2 CH (Limited Multiple
Family Dwelling-Church Overlay) to R-1 (One
Family Dwelling) on .66 acre located on the south
side of Paladino Avenue approximately Y2 mile west
of Morning Drive. (ZC 06-1931) (Applicant: Thomas
D. Sholin/Property Owner: Paladino West, LLC)
ACTION TAKEN
ASS WEIR
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ORD 4410
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ORD 4411
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Bakersfield, California, March 14, 2007 - Page 5
CONSENT CALENDAR continued
f.
Adoption of Ordinance amending Municipal Code
Sections 1.12.010, 1.12.030, 1.12.040, 1.12.050
and 1.12.060 by adding Annexation No. 481
consisting of 127.39 acres located south of Panama
Lane, east of S. Union Avenue and Annexation No.
524 consisting of .24 acres located east of Hughes
Lane, south of Highway 58 to Ward 1; Annexation
No. 541 consisting of 6.67 acres located near
entrance to Kern River Golf Course, near Lake Ming
Road & Rudal Street to Ward 3; Annexation No. 498
consisting of 2,203.81 acres located south of
Panama Lane, generally east & west of Buena Vista
Road, Annexation No. 512 consisting of 46.14 acres
located north of Snow Road, east of Calloway Drive,
west of the Calloway Canal and Annexation No. 518
consisting of 2081.80 acres located west of Allen
Road, north of Panama Lane, McAllister Ranch
Specific Plan adopted by Kern County to Ward 4,
Annexation No. 527 consisting of 81.06 acres
located west of Gosford Road, generally north of
Taft Highway to Ward 5 and Annexation No. 534
consisting of .72 acres located north of Belle
Terrace, south of Blomquist, east of McDonald Way
to Ward 6.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code (Zone Map 124-16 & 124-28) by
changing the zoning from M-1 (Limited
Manufacturing) and M-3 (Heavy Industrial) to OS
(Open Space) on approximately 40 acres
located at the southwest corner of E. Planz Road &
Washington Street (future) and from A
(Agriculture) to PUD (Planned Unit Development) on
approximately 40 acres located at the southeast
corner of Cottonwood Road & E. Berkshire Road
(future). (GPAlZC 06-2022) (Applicant: Mel
Heinemann/Property Owners: Mel Heinemann, Jack
& Nuha Haddad, City)
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ACTION TAKEN
ORD 4412
ASS WEIR
ORD 4413
230 Bakersfield, California, March 14, 2007 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
h. Adoption of Ordinance approving the Negative ORD 4414 J
Declaration and amending Title 17 of the
Municipal Code (Zone Map 122-24) by changing
zoning from A-20A (Agriculture-20 acre minimum) to
R-1 (One Family Dwelling) on 60 acres located at
the northeast corner of Panama Lane & S. Allen
Road (GPAlZC 06-0925) (Applicant: Mcintosh &
Assoc/Property Owners: John Glenn Carmichael,
Paul Dale Carmichael, Julie Anne Carmichael,
Estate of Charlotte F. Greer, Estate of Martha Faith
Todd, Erwin Franklin Wall, Jr. Estate of Hilton
Frazier Wall, Jr., John Richard Wall, James Pearson
Wall, Jr.)
i. Adoption of Ordinance approving the Negative ORD 4415
Declaration and amending Title 17 of the
Municipal Code (Zone Map Nos. 104-17 & 104-20)
by changing the zoning from C-2 (Regional
Commercial) to R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on 37.74 acres
and R-1 (One Family Dwelling) to R-21PUD on 9.51
acres located along the north side of Highway 178,
east of the future extension of Vineland Road,
south of City Hills Drive & west of Canteria Drive. J
(GPAlZC 06-0940) (Applicant: Mcintosh &
Assoc/Property Owner: Mountain View Bravo, LLC)
j. Adoption of Ordinance approving the Negative ORD 4416
Declaration and amending Title 17 of the
Municipal Code (Zone Map 103-22) by changing the
zoning from PUD (Planned Unit Development) to
R-2 (Limited Multiple Family Dwelling) on 5 acres
and R-1-CH (One Family Dwelling/Church
Combining) to R-2 on one acre located along the
north side of Bernard Street approximately 900 feet
west of Oswell Street. (GPAlZC 06-0668)
(Applicant: Joseph Gergen/Property Owner: Church
of Christ of East Bakersfield)
k. Adoption of Ordinance approving the Negative ORD 4417
Declaration and amending Title 17 of the
Municipal Code (Zone Map 104-18) by changing the
zoning from R-1 (One Family Dwelling) to R-2
(Limited Multiple Family Dwelling) on 10 acres
located on the west side of Vineland Road, north &
south of Panorama Drive. (GPAlZC 06-0544)
(Applicant: Third Day Investments Group/Property J
Owners: Third Day Investments Group, Roger C.
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Alfred, Michael Hawkins, Iva Hawkins, Dark
Investments, LLC, RAM Financial Services, Inc.)
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Bakersfield, California, March 14, 2007 - Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
l I. Adoption of Ordinance amending Title 17 of the ORD 4418
Municipal Code (Zone Map 104-21) by
changing the zoning from RH (Residential Holding)
to R-1/PUD (One Family Dwelling/ Planned Unit
Development) on 217 acres, R-2/PUD (One Family
Dwelling/Planned Unit Development) on 326 acres
and R-3/PUD (Multiple Family Dwelling/Planned
Unit Development) on 91 acres located east of Kern
Canyon Road (Highway 184), approximately
1 Y2 miles north of Breckenridge Road, between the
future extension of Edison Road on the west and
Comanche Drive to the east. (GPAlZC 06-0961)
(Applicant: Sikand Engineering/ Property Owners:
Sky 21, LLC and Northeast 21 Ventures, LLC)
m. Adoption of Ordinance approving the Negative ORD 4419
Declaration and amending Title 17 of the
Municipal Code (Zone Map 104-07) by changing the
zoning from A (Agriculture) to R-1 (One Family
Dwelling) on 20.5 acres and A-HD (Agriculture-
Hillside Development) to R-1-HD (One Family
Dwelling-Hillside Development) on 20.5 acres
located on the north side of Morning Drive
l approximately % mile north of the Paladino
Drive/Morning Drive intersection. (GPAlZC
06-1018) (Applicant/Property Owner: Cal-Kern
Development III, LLC)
n. Adoption of Ordinance approving the Negative ORD 4420
Declaration and amending Title 17 of the
Municipal Code (Zone Map 102-05) by changing the
zoning from E (Estate Residential) to R-1 (One
Family Dwelling) on 39.41 acres located on the
north side of Etchart Road, between Calloway Drive
and Coffee Road. (GPAlZC 06-1692) (Applicant:
Adavco, Inc./Property Owner: Bidart Brothers, LLC)
o. Adoption of Ordinance approving the Negative ORD 4421
Declaration and amending Title 17 of the Municipal
Code (Zone Map 123-31) by changing the zoning
from A (Exclusive Agriculture) to C-2/PCD (Regional
Commercial/Planned Commercial Development) on
16.5 acres and C-O (Professional and
Administrative Office) on 5 acres generally located
at the northeast corner of Taft Highway and Buena
Vista Road. (GPAlZC 06-0535) (Applicant: Dave
l Dmohowski/Property Owner: John Bianchi)
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Bakersfield, California, March 14, 2007 - Page 8
CONSENT CALENDAR continued
p.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code (Zone Map 142-03) by changing the
zoning from R-S-20A (Residential Suburban-20
acres minimum) to R-2 (Limited Multiple Family
Dwelling) on 20 acres located at the southeast
corner of Taft Highway and Ashe Road. (GPAlZC
06-0938) (Applicant: Mcintosh & Assoc for Centex
Homes/Property Owner: Tommye Joe Baroncini)
q.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the Municipal
Code (Zone Map 101-23) by changing the zoning
from County A (Agriculture) to E (Estate) on 11.54
acres and R-1-CH (One Family Dwelling/Church) on
8.46 acres located along the north side of Rosedale
Hwy. approximately 660 feet west of Allen Road.
(GPAlZC 06-1037) (Applicant: Cornerstone
Engineering/Property Owner: Christ Cathedral
Church)
r.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code (Zone Map 123-29) by changing the
zoning from A (Exclusive Agriculture) to R-1 (One
Family Dwelling) on 99.5 acres generally located
north of McCutchen Rd. between Old River Rd, to
the west & Progress Rd. to the east. (GPAlZC 06-
1014) (Applicant: Lusich Company/Property Owner:
Old River Road, LLC)
Resolutions:
s.
Resolution appointing Agent to represent the City in
filing claims with the California Office of Emergency
Services.
t.
Resolution approving application proposing
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 565
consisting of 91.65 acres located north of Etchart
Road, west of the Beardsley Canal.
ACTION TAKEN
ORD 4422
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ORD 4423
ORD 4424
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RES 047-07
RES 048-07
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Bakersfield, California, March 14, 2007 - Page 9
12. CONSENT CALENDAR continued ACTION TAKEN
l u. Resolutions adding the following territories 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.
RES 049-07
1. Area 3-64 (Panama, Buena Vista SW)
Area 3-65 (Hughes, McKee SW) RES 050-07
2.
3. Area 4-71 (Edison, Chase) RES 051-07
4. Area 5-33 (Belle Terrace, Madison SE) RES 052-07
v. Resolution of Intention No. 1513 to add territory, ROl1513
Area 3-45 (Panama, Buena Vista SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
w. Resolution of Intention No. 1514 to add territory, ROl1514
Area 1-68 (Patton, Meany SW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
l Report.
Resolution of Intention No. 1517 to add territory, ROl1517
x.
Area 4-48 (College, Vineland SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
y. Resolution of Intention No. 1518 to add territory, ROl1518
Area 4-72 (Paladino, Vineland SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
z. Resolution of Intention No. 1519 to add territory, ROl1519
Area 4-73 (Mira Monte, 178 SE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
aa. Resolution of Intention No. 1520 to add territory, ROl1520
Area 4-74 (Mt. Vernon, Columbus SW) to the
Consolidated Maintenance District and preliminarily
l adopting, confirming and approving Public Works
Director's Report.
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Bakersfield, California, March 14, 2007 - Page 10
ACTION TAKEN
12. CONSENT CALENDAR continued
bb.
RO/1522
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Resolution of Intention No. 1522 to add territory,
Area 5-34 (Panama, Madison S) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
cc. Revised Job Specification and change to Salary
Schedule:
1.
Amendment No.5 to Resolution No. 078-06
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
Projects Manager.
Revised job specification and title change
from Special Events Manager to Special
Projects Manager.
RES 078-06(5)
2.
Agreements:
dd. Tract Maps and Improvement Agreements: J
AGR 07-072
1. Final Map and Improvement Agreements AGR 07-073
with Centex Homes for Tract 6578 Units 1 AGR 07-074
& 2 located at the southeast corner of AGR 07-075
Pensinger Road and S. Allen Road.
2. Final Map and Improvement Agreements AGR 07-076
with Lennar Homes of California, Inc. for AGR 07-077
Tract 6685 located at the southeast corner of
Harris Road and Old River Road.
ee. Agreement with Lim & Nascimento Engineering AGR 07-078
Corporation ($992,050) for construction
management of the Allen Road Bridge over the Kern
River construction project.
ff. Voice Communication System:
1. Agreement with PlanNet Consulting, LLC AGR 07-079
($194,130) for consulting services for a
voice communication system to replace the
current phone system.
2. Transfer $195,000 from Public Works
Department Capital Improvement Project
(Corporation Yard Building C Addition) within j
the Capital Outlay Fund to fund this
agreement.
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Bakersfield, California, March 14, 2007 - Page 11
12. CONSENT CALENDAR continued ACTION TAKEN
l gg. Agreement with Avetik and Nazeli Cholakian AGR 07-080
($65,600) to purchase real property located at DEED 6642
the northeast corner of Fairfax Road and Auburn DEED 6643
Drive for the Fairfax Interchange Project at
State Route 178.
hh. Agreement with Bakersfield Redevelopment Agency AGR 07-081
and University of La Verne ($60,000) for
purchase of the lease option from the University to
facilitate consolidation of City and Agency
operations located at 1600 Truxtun Avenue and
relocate the University to 24th & M Streets.
ii. Agreement with DMJM Harris ($6,491,588) for AGR 07-082
design consultant services for Phase 2 of the
Westside Parkway Project.
Bids:
jj. Accept bid and award contract to San Joaquin AGR 07-083
Interiors (not to exceed $120,554) for
installation of carpet and flooring at the Police
Department and City Hall Annex.
kk. Accept bid and award annual contract to Jim Alfter AGR 07-084
l Cement Contractor (not to exceed $150,000) for
canal liner repair.
II. Accept bid and award contract to Stinson's AGR 07-085
Stationers, Inc. (not to exceed $350,000 per year
for 5 year term) for office supplies.
Miscellaneous:
mm. Quitclaim Deed to Bolthouse Properties, LLC,
removing Temporary and Permanent Sewer
Line Easements, along the Allen Road trunkline
sewer.
DEED 6644
nn. Assessment District 94-3 Bond Call:
1. Appropriate $227,250 fund balances to the
operating budgets within the 94-3 special
assessment fund to facilitate advance
redemption of Assessment Bonds.
00. Acceptance of Financial Audit Reports.
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Bakersfield, California, March 14, 2007 - Page 12
12.
CONSENT CALENDAR continued
pp.
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ACTION TAKEN
Appropriate $91,330 State Grant Revenue for the
2005/2006 Tire Derived Product Grant for rubber
sidewalk at various locations throughout the City to
the Public Works Capital Improvement Budget
within the Capital Outlay Fund.
Earth Day 2007 to be held on April 21 ,2007
at Beach Park:
1. Appropriate $2,998 grant from California
State Parks Foundation to the Recreation
and Parks Department Operating Budget
within the General Fund to provide trees
and supplies for Earth Day 2007.
2. Appropriate $1,540 from builder to the
Recreation and Parks Department Operating
Budget within the General Fund to provide
trees along the bike path for Earth Day
2007.
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Councllmember Weir announced he would abstain due
to conflicts of interest on items 12.b. and 12.f.
APPROVED
AS COUCH,
SULLIVAN
Motion by Vice-Mayor Hanson to approve Consent
Calendar Items 12.a. through 12.gg.
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13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
a. Protest Hearing for proposed Assessment District
No. 06-1 (Etcheverry/Lin II/University
Park):
1. Resolution approving Final Engineer's
Report, levying assessments, ordering
improvements and authorizing and directing
related actions.
Public Works Director Rojas made staff comments.
Hearing opened at 7:16 p.m.
No one spoke.
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Hearing closed at 7:16 p.m.
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Bakersfield, California, March 14, 2007 - Page 13
14.
HEARINGS continued
ACTION TAKEN
APPROVED
AS COUCH,
SULLIVAN
Motion by Vice-Mayor Hanson to approve the
Resolution.
15. REPORTS
a.
Resolution establishing economic incentives for
participation in the City's Voluntary Curbside
Recycling Program.
RES 054-07
Public Works Director Rojas made staff comments.
Motion by Councilmember Weir to adopt the Resolution
and implement the Committee recommendations.
APPROVED
AS COUCH,
SULLIVAN
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
18.
None.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham encouraged citizens to participate
in the recycling program.
Councilmember Benham requested Police Chief Rector
or Assistant Police Chief Lynn call her.
Councilmember Carson reminded everyone of the Joint
City/County Meeting Monday evening, March 19th, at which
time information will be provided regarding the Anti-Gang
Action Plan .
Councilmember Carson reminded everyone of the Safe
Neighborhoods Committee Meeting tomorrow, March 15th,
at 11 :45 a.m. in the City Manager's Conference Room.
Councilmember Carson made comments regarding Fire
Station No. 5 and thanked staff for moving the project
toward fruition.
Councilmember Scrivner congratulated Councilmember
Carson and staff for implementing the construction of
Fire Station No.5.
ACTION TAKEN
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Bakersfield, California, March 14, 2007 - Page 14
18.
MAYOR AND COUNCIL STATEMENTS
Councilmember Scrivner requested staff
respondHorward correspondence from a citizen
regarding a County employee to the appropriate
recipient.
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Councilmember Scrivner requested the Planning and
Development Committee review policy regarding
signs and analyze the need to update the policy in light
of new technology.
Councilmember Scrivner requested staff respond to
correspondence regarding the Americans With
Disabilities Act as It applies to access of Wilson Road
and Wible, and Wilson Road and South Real Road.
Vice-Mayor Hanson congratulated Councilmember Carson
on the ground breaking of Station No.5.
Vice-Mayor Hanson thanked the Budget and Finance
Committee for work on the curbside recycling issue.
Vice-Mayor Hanson made remarks regarding the April 6th
City Job Fair and encouraged job seekers to attend.
Mayor Hall encouraged the public to participate in the April
21 st Great American Clean-Up.
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19. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:31 p.m..
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ATTEST:
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CITY CLERK and Ex ICIO Clerk of
the Council of the City of Bakersfield
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