HomeMy WebLinkAbout06/06/07 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 6, 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, Councilmembers Carson,
Benham, Weir, Couch, Sullivan, Scrivner
Absent:
Vice-Mayor Hanson
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a.
Budget Presentation for Rabobank Arena, Theater
and Convention Center.
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Rabobank Arena, Theater and Convention Center
and Ice Sports Center General Manager Womack
made a computer presentation and provided
handouts.
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. (Two cases)
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Bakersfield, California, June 6, 2007 - Page 2
4.
CLOSED SESSION continued
b.
Conference with Legal Council- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. City v City of Shatter, et al
Kern County Superior Court Case No. S-
1500-CV-260277 -RJO
2. City v North Kern Water Storage District, et
al Kern County Superior Court Case No. S-
1500-CV-260360-AEW
3. City v Oildale Mutual Water Company
Kern County Superior Court Case No. S-
1500-CV-260384-LPE
4. Thomas Teagarden v City, Bakersfield
Police, et al USDC, Eastern District, Case
NO.1 :07-CV-00054-AWI-TAG
Motion by Councilmember Couch to adjourn to Closed
Session at 5:26 p.m.
Motion by Councilmember Benham to adjourn from
Closed Session at 6:44 p.m.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Couch, Weir, Sullivan, Scrivner
Absent:
Vice-Mayor Hanson
6. INVOCATION by Pastor Curtis Richardson, Open Door
Church of God in Christ.
7. PLEDGE OF ALLEGIANCE by Evie Enderle, 5th Grade
Student at Leo B. Hart Elementary School.
Mayor Hall acknowledged Boy Scout Troup 44 in
attendance at the meeting.
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. (Two cases)
ACTION TAKEN
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APPROVED
APPROVED
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CITY MANAGER
GIVEN DIRECTION
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Bakersfield, California, June 6, 2007 - Page 3
8.
CLOSED SESSION ACTION continued
b.
Conference with Legal Council- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. City v City of Shatter, et al
Kern County Superior Court Case No. S-
1500-CV-260277-RJO
2.
City v North Kern Water Storage District, et
al Kern County Superior Court Case No. S-
1500-CV-260360-AEW
City v Oildale Mutual Water Company
Kern County Superior Court Case No. S-
1500-CV-260384-LPE
3.
4.
Thomas Teagarden v City, Bakersfield
Police, et al USDC, Eastern District, Case
NO.1 :07-CV-00054-AWI-TAG
Regarding item 4.b.4., City Attorney Gennaro
announced that on March 28, 2007, Council
unanimously authorized the City Attorney to settle the
matter for $250,000.
PRESENTATIONS
None.
10. PUBLIC STATEMENTS
a. Mark Trainor on behalf of Western Traction II, to
protest the bid award for a hydraulic excavator.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 23, 2007 Regular
City Council Meeting.
Payments:
b.
Approval of department payments from May 11 ,
2007 to May 24, 2007 in the amount of
$11,062,420.23 and self-insurance payments from
May 11, 2007 to May 24, 2007 in the amount of
$320,537.13.
317
ACTION TAKEN
CITY MANAGER
AND CITY
A TTORNEY GIVEN
DIRECTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
SETTLEMENT
ANNOUNCED
ABS WEIR
318 Bakersfield, California, June 6, 2007 - Page 4
12. CONSENT CALENDAR continued ACTION TAKEN
Ordinances: J
c. First Reading of Ordinances regarding
Redevelopment Legislation - SB 53 and SB 1809:
1. Downtown Redevelopment Project Area FR
2. Old Town Kern - Pioneer Redevelopment FR
Project Area
3. Southeast Bakersfield Redevelopment FR
Project Area
d. Adoption of Ordinance approving a Negative ORD 4434
Declaration and amending Title 17 (Zone Map
No. 123-02) of the Municipal Code by changing the
zoning from R-2 (Limited Multiple Family Dwelling)
to C-1 (Neighborhood Commercial) on .87 acres
generally located on the north side of Elcia Drive,
immediately west of the Highway 99 on-ramp. (ZC
06-1099) (Applicant: John Thomsen/Property
Owners: John A. & Terry Thomsen and Howard &
Betty Lamond)
e. Adoption of Ordinance approving a Negative ORD 4435
Declaration and amending Title 17 (Zone Map J
No. 124-17) of the Municipal Code by changing the
zoning from M-3 (Planned Unit Development) to M-1
(Light Manufacturing) on 17.7 acres located along
the north side of E. Pacheco Road, generally west
of Cottonwood Road. (ZC 05-1561) (Applicant:
Jerry Hendricks/Property Owner: Eagle Meadows of
Bakersfield III)
f. Adoption of Ordinance approving a Negative ORD 4436
Declaration and amending Title 17 (Zone Map
No. 103-25) of the Municipal Code by changing the
zoning from PUD (Planned Unit Development) to R-
2 (Limited Multiple Family Dwelling) on 11.18 acres
located north of Niles Street, west of Park Drive.
(ZC 06-2198) (Applicant: Mike Nelson/Property
Owner: Danco Development)
g. Adoption of Ordinance approving a Negative ORD 4437
Declaration and amending Title 17 (Zone Map
NO.1 01-34) of the Municipal Code by changing the
zoning from A (Agriculture) to R-1 (One Family
Dwelling) on 4.4 acres generally located at the
northwest corner of Stockdale Highway and Claudia
Autumn Drive. (ZC 06-1688) (Applicant: Marino & J
Associates/Property Owner: Raul Ridenour)
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Bakersfield, California, June 6,2007 - Page 5
CONSENT CALENDAR continued
h.
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 102-06) of the Municipal Code by changing the
zoning from R-2 (Limited Multiple Family
Dwelling) to C-2/PCD (Regional
Commercial/Planned Commercial Development) on
23.45 acres and from C-1 (Neighborhood
Commercial) to C-2/PCD on 15.3 acres generally
located on the southwest corner of Seventh
Standard Road and Calloway Drive. (ZC 06-1699)
(Applicant: Adavco, Inc/Property Owner: Michel &
Margaret Etcheverry Family)
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 142-03) of the Municipal Code by changing the
zoning from A (Agriculture) to R-2 (Limited Multiple
Family Dwelling) on 19.55 acres generally located
on the north side of Engle Road, between Ashe and
Stine Roads. (ZC 06-1039) (Applicant: Mcintosh &
Associates/Property Owner: Bakersfield 19, LLC)
i.
j.
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 142-03) of the Municipal Code by changing the
zoning from A (Agriculture) to C-2 (Regional
Commercial) on 10.02 acres, R-1 (One Family
Dwelling) on 24.74 acres, and R-2 (Limited Multiple
Family Dwelling) on 3.72 acres generally located on
the northeast corner of Ashe and Engle Roads. (ZC
06-1031) (Applicant: Dominique
Minaberrigarai/Property Owner: Minaberri Family
Trust)
Resolutions:
k.
Resolution adopting a policy establishing standards
for development of Seventh Standard Road.
I. Adding delinquent sewer user charges to County
Tax Bill:
1.
Resolution providing for the collection of
delinquent sewer charges by the Kern
County Tax Collector.
Resolution authorizing the Kern County Tax
Collector to establish two special
accounts to track collection of Plant Nos. 2
and 3 delinquent sewer charges.
2.
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ACTION TAKEN
ORD 4438
ORD 4439
ORD 4440
REMOVED FOR
SEPARATE
CONSIDERA TION
RES 113-07
RES 114-07
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Bakersfield, California, June 6, 2007 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
m. Adding delinquent refuse user charges to the J
County Tax Bill:
1. Resolution providing for the collection of RES 115-07
delinquent refuse charges by the Kern
County Tax Collector.
2. Resolution authorizing the Kern County Tax RES 116-07
Collector to establish a special account
to track collection of delinquent refuse
charges.
Resolution supporting State Assembly Bill 802 RES 117-06
n.
(Salas) concerning criminal gang activity.
o. Resolution confirming approval by the Assistant City RES 118-07
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for the abatement of weeds, debris
and waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
Resolution adding Area 1-71 (Renfro, Brimhall W) to RES 119-07
p.
the Consolidated Maintenance District and J
confirming the assessments, approving the Public
Works Director's Report and authorizing collection
of assessments by the Kern County Tax Collector.
q. Miramonte Drive-Chase Avenue Planned Major
Thoroughfare Area:
1. Resolution of Intention No. 1536 to establish ROl1536
the Miramonte Drive-Chase Avenue
Planned Major Thoroughfare Area and
preliminarily approving the boundaries of the
area and the cost and fee schedule.
2. First Reading of Ordinance amending FR
Section 16.32.060 of the Municipal Code
relating to bridge crossings and major
thoroughfares.
r. Resolution of Intention No. 1537 calling a public ROl1537
hearing to determine whether public necessity,
health, safety or welfare requires formation of an
underground utility district within designated area -
District No.2, Division 31 (Sports Village). J
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Bakersfield, California, June 6, 2007 - Page 7
CONSENT CALENDAR continued
Resolution of Intention No. 1538 to add territory,
Area 3-70 (McCutchen, Mountain Ridge NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Resolution of Intention No. 1539 to add territory,
Area 3-69 (Ashe, McCutchen NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
u. Permanent Pump Station Construction at
Wastewater Treatment Plant No.3:
s.
t.
1.
Amendment No. 1 to Resolution No. 076-06
dispensing with bidding procedures for
construction of a permanent pump station for
Wastewater Treatment Plant No.3,
increasing the amount from $8,000,000 to
$10,800,000.
Appropriate $2,800,000 from the Sewer
Enterprise Fund balance to the Public Works
Department's Capital Improvement Budget
for construction of project.
Amendment No. 1 to Agreement No. 06-136
with Floyd Johnston Construction
Company, Inc. ($3,500,000; revised not to
exceed $10,000,000) for construction of
project.
2.
3.
Agreements:
v. Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreements
with GMAC Model Home Finance, LLC, and
Lennar Homes of California, Inc. for Tract
6328 Unit 2 located at the southwest
intersection of Panama Lane and Mountain
Vista Drive.
Final Map and Improvement Agreements
with McMillin Arlington Park, LLC for Tract
6331 Unit 1 located east of S. Union Avenue
off Hosking Avenue.
2.
321
ACTION TAKEN
ROl1538
ROl1539
RES 076-06(1)
AGR 06-136(1)
AGR07-157
AGR 07-158
AGR 07-159
AGR 07-160
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Bakersfield, California, June 6, 2007 - Page 8
12.
CONSENT CALENDAR continued
Item 12.v. continued
ACTION TAKEN
3.
Final Map and Improvement Agreements
with Lo Land Assets, LP and Lennar
Homes of California, Inc. for Tract 6343
Phases 1 & 2 located at the northwest
intersection of Etchart Road and Calloway
Drive.
AGR 07-161
AGR 07-162
AGR 07-163
AGR 07-164
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4.
Final Map and Improvement Agreements
with Standard Pacific Corp. for Tract 6387
Phase 2 located at the northeast intersection
of McCutchen Road and Mountain Ridge
Drive.
AGR 07-165
AGR 07-166
w. Agreement with Griswold, LaSalle, Cobb, Dowd & REMOVED
Gin, LLP (not to exceed $100,000) to provide legal
services for acquisition of right-of-way for
construction of Westside Parkway.
x. Agreement with Performance Electric AGR 07-167
($1,182,587.66) for design and construction of
on-site electrical distribution system at the City's
Greenwaste Recycling Facility.
y. Agreement with Wilson & Associates (not to exceed AGR 07-168
$111,000) to provide continuing disclosure services J
for various Special Assessment Districts.
z. Proposed Assessment District No. 07-1 (Vista View
Estates) :
1. Agreement with Wilson & Associates for AGR 07-169
assessment engineering services.
2. Agreement with Orrick, Herrington & Sutcliffe AGR 07-170
(bond counsel) for legal services.
3. Agreement with Goodwin Procter, LLP AGR 07-171
(disclosure counsel) for legal services.
aa. Agreement with Mead & Hunt, Inc. ($231,000) for AGR07-172
design of airport taxi lane and apron expansion.
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Bakersfield, California, June 6, 2007 - Page 9
12. CONSENT CALENDAR continued ACTION TAKEN
l bb. Amendments to the following Agreements
($150,000 each; total not to exceed $450,000
each) to extend the period for on-call civil
engineering and surveying services:
1. Amendment No. 1 to Agreement No. 05-246 AGR 05-246(1)
with Boyle Engineering Corp.
2. Amendment NO.1 to Agreement No. 05-247 AGR 05-247(1)
with DMJM Harris, Inc.
3. Amendment No. 1 to Agreement No. 05-248 AGR 05-248(1)
with Harris & Associates, Inc.
4. Amendment No. 1 to Agreement No. 05-249 AGR 05-249(1)
with Meyer Civil Engineering, Inc.
5. Amendment No. 1 to Agreement No. 05-250 AGR 05-250(1)
with Parsons Transportation Group.
6. Amendment NO.1 to Agreement No. 05-251 AGR 05-251(1)
with T. Y. Lin International.
7. Amendment No. 1 to Agreement No. 05-252 AGR 05-252(1)
with Willdan.
l cc. Amendment No. 1 to Agreement No. 06-159 with AGR 06-159(1)
Gilliam and Sons, Inc. ($1,000,000; revised not to
exceed $2,000,000) and extending the term for one
(1) year for the earthmoving and hauling annual
contract.
dd. Amendment No.2 to Agreement No. 05-285 with AGR 05-285(2)
Mountain View Bravo, LLC to allow assignment of
rights to the acquisition price of certain public
improvements in Assessment District No. 05-1 (City
in the Hills).
ee. General Plan Amendment/Zone Change No.06-
1722 generally located to the east of Alfred
Harrell Highway, west of the City's eastern boundary
and encompasses both sides of Highway 178:
1. Agreement with Nickel Family LLC AGR07-173
($257,000) for the preparation of an
Environmental Impact Report (EIR).
2. Agreement with RBF Consulting ($192,222) AGR 07-174
to prepare EIR.
l 3. Appropriate $192,222 (developer's
contribution) to the Development Services
operating budget in the General Fund.
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Bakersfield, California, June 6, 2007 - Page 10
12.
CONSENT CALENDAR continued
Bids:
ff. Reject all bids for one (1) three axle dump truck.
gg. Reject all bids for one (1) self-contained patch truck.
hh. Reject all bids for one (1) knuckle-boom trash loader
truck.
ii.
Accept bid from Quinn Company ($295,004) for one
(1) hydraulic excavator.
Accept bid and award annual contract to HPS
Mechanical (not to exceed $205,000) for
sewer connection and septic tank abandonment for
the McDonald Way/Stockdale Area Sewer
Assessment Project.
jj.
Miscellaneous:
kk. Authorize the Finance Director to write off accounts
receivable in various funds totaling $84,367.19 and
forward non bankrupt accounts to a collection
agency for additional collection efforts.
Appropriate $300,000 Sewer Enterprise Fund
balance to the Public Works Department
operating budget for increased costs associated
with storm and sewer maintenance.
II.
Assistant City Clerk Gafford announced the deletion
of item 12.w. and correction to the backup for items
12.ee. and 12.ii. Additionally correspondence was
received from staff addressing a letter of objection
from Western Traction II regarding item 12.ii.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on Item
12.b.
Motion by Councilmember Couch to approve Consent
Calendar Items 12.a. through 12./1., with correction to
backup for Items 12.ee. and 12.ii., the deletion of 12.w.,
and removal of items 12.k. and 12.ii. for separate
consideration.
ACTION TAKEN
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REMOVED FOR
SEPARATE
CONSIDER A TION
AGR 07-175
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APPROVED
AB HANSON
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Bakersfield, California, June 6, 2007 - Page 11
CONSENT CALENDAR continued
k.
Resolution adopting a policy establishing standards
for development of Seventh Standard Road.
Councilmember Couch requested staff explore
establishing similar standards on Taft Highway and
report back to Council.
Motion by Councilmember Couch to approve the
Resolution.
ii. Accept bid from Quinn Company ($295,004) for one
(1) hydraulic excavator.
Motion by Councilmember Carson to defer the item to
the next Council meeting and requested staff provide a
report.
13. CONSENT CALENDAR HEARINGS
a.
County of Kern General Plan Amendment NO.6 -
Kern River Plan Element Referral; Herb Family
Enterprises has applied to Kern County for a
General Plan Amendment to the Kern River Plan
Element on 8.36 acres located south of Roberts
Lane and approximately 1,000 feet west of N.
Chester Avenue.
1. Resolution recommending the Board of
Supervisors approve a general plan
amendment to the Kern River Plan Element
of the Metropolitan Bakersfield General
Plan, changing the land use designation
from Map Code 5.5 (Residential-Maximum 1
Unit/Acre) to Map Code 5.3 (Residential-
Maximum 10 Units/Net Acre) on 8.36 acres.
b. Public Hearing to consider Resolution adopting
proposed commercial refuse rate increase (3.2%)
for Fiscal Year 2007-08
c. Protest Hearing to consider Resolution approving
and adopting the Public Works Director's report for
twelve (12) Traffic Signal Maintenance Districts and
the 2007-08 budgets, confirming the assessments
and authorizing collection of assessments by the
Kern County Tax Collector.
325
ACTION TAKEN
RES 112-07
APPROVED
AB HANSON
APPROVED
AB HANSON
RES 120-07
RES 121-07
RES 122-07
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Bakersfield, California, June 6, 2007 - Page 12
ACTION TAKEN
13. CONSENT CALENDAR HEARINGS continued
RES 123-07 J
d. Protest Hearing to consider Resolution approving
and adopting the Public Works Director's report for
the Consolidated Maintenance District and the
2007-08 budget, confirming the park landscaping
assessments and authorizing collection of
assessments by the Kern County Tax Collector
(rates increase for new developments only).
RES 124-07
e. Protest Hearing approving and adopting the Public
Works Director's report for the Consolidated
Maintenance District and the 2007-08 budget,
confirming the street landscaping assessments and
authorizing collection of assessments by the Kern
County Tax Collector (rates increase for new
developments only). RES 125-07
f. Public Hearing to consider Resolution establishing
domestic water rates for Ashe, Fairhaven and
Riverlakes Ranch service areas of the City Water
System. (Increase in quantity rate)
Hearings opened at 7:05 p.m.
No one spoke. i
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Hearings closed at 7:05 p.m. ...
APPROVED
Motion by Councilmember Couch to approve Consent AB HANSON
Calendar Hearings 13.a. through 13.f.
14. HEARINGS
a. Public Hearing for the FY 2007-08 Operating,
Bakersfield Redevelopment Agency and
Capital Improvement Program Budgets.
Assistant City Manager Stinson made staff
comments.
Hearing opened at 7:08 p.m.
No one spoke.
Hearing closed at 7:09 p.m.
APPROVED
Motion by Councilmember Couch to approve the staff AB HANSON
recommendation. J
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Bakersfield, California, June 6, 2007 - Page 13
14. HEARINGS continued
b.
Public Hearing to consider Resolution adopting
proposed sewer rate increase (14.8%) for
Fiscal Year 2007-08.
Staff comments by Assistant Public Works Director
LaRochelle.
Assistant City Clerk Gafford announced six
letters were received opposing the rate increase.
Additionally one letter making comments was
received.
Hearing opened at 7:11 p.m.
Silvestra Urquide spoke in opposition to the
increase in sewer fees and residential refuse fees.
Hearing closed at 7:15 p.m.
Motion by Councilmember Couch to adopt the
Resolution.
c.
Public Hearing to consider Resolution adopting
proposed residential refuse rate increase
(3.2%) for Fiscal Year 2007-08.
Staff comments by Assistant Public Works Director
LaRochelle.
Hearing opened at 7:18 p.m.
No one spoke.
Hearing closed at 7:18 p.m.
Motion by Councilmember Couch to adopt the
Resolution.
15. REPORTS
a.
Overview of Wastewater Expansion Project
Financing Plan and Sewer Rate Survey.
Finance Director Smith introduced Doug Howston,
Senior Vice-President of Public Finance, George K.
Baum and Associates, who made a presentation
and provided handouts.
327
ACTION TAKEN
RES 126-07
APPROVED
AB HANSON
RES 127-07
APPROVED
AB HANSON
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Bakersfield, California, June 6, 2007 - Page 14
16.
DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff investigate
conditions on Kentucky Street that need abatement
and provided correspondence regarding the matter.
Councilmember Benham requested staff respond to a
constituent regarding the feasibility of a toll road and
report back to her.
Councilmember Weir requested the issue of licensing
realtors be referred to the Budget and Finance
Committee for further analysis.
Councilmember Carson thanked Councilmember Weir and
Mayor Hall for attending the welcome festivities for Major
Spencer.
Councilmember Carson requested staff include a
comparison chart when future notices for hearings
regarding fee increases are mailed; additionally staff to
address concerns regarding leaves and debris from a
citizen.
Councllmember Carson requested an update from
Chief Rector regarding calls from a resident on EI
Rancho Drive.
Councilmember Couch requested staff include
additional Information regarding future rate increases
in the hearing notices and on the website.
Councilmember Couch provided a report from
KERNcog and requested staff determine what actions
would be necessary for the west end of the blkepath to
be extended to the Buena Vistaffaft area.
Councilmember thanked staff for the informational
meeting regarding annexation in the Olive Drive area,
requested staff follow up with residents and provide
information regarding the next step in the process.
ACTION TAKEN
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Bakersfield, California, June 6, 2007 - Page 15
18.
MAYOR AND COUNCIL STATEMENTS
Councilmember Sullivan made comments regarding the
cost comparison for Bakersfield municipal services and
other municipalities.
Councilmember Sullivan made comments regarding a town
meeting in Kern City.
Councilmember Sullivan made comments regarding the
Mayor's trip to Bucheon South Korea and requested staff
allocate funds to send City representatives to the dedication
of the park next spring.
Mayor Hall made comments regarding planned
improvements for East Hills Mall and the appreciation
expressed by the property owner, Jerry Schulman, for City
staff's business friendly demeanor.
Mayor Hall made comments regarding the graffiti
defacement of the EMS mural and expressed appreciation
for the two off-duty police officers who removed the graffiti.
Mayor Hall made comments regarding the budget process,
the excellence exhibited in the budget presentations and
thanked staff for their efforts in providing such information
for Council and the public.
19.
ADJOURNMENT
Vice-Mayor Hall adjourned the meeting at
ATTEST:
CITY CLERK and Ex Officio lerk of
the Council of the City of Bakersfield
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ACTION TAKEN
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