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Home My WebLink About06/25/14 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 25, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. REGULAR MEETING - 5:16 p.m, 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan, Johnson (seated at 5:30 p,m) Absent: None 2. INVOCATION by Pastor Daniel Elgu6zabal, Family Community Center, 3, PLEDGE OF ALLEGIANCE by Kaylynn Bolden, 3rd grade student at Buena Vista Elementary, and Santana Chavez, 2nd grade student at Louise Sandrini Elementary schools, Mayor Hail acknowledged the students from the Bakersfield College Political Science class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mayor Hall of certificates honoring Kern High School District's 2014 First in Class Students in the Greater Bakersfield area. Vice -Mayor Weir was joined by Councilmember Sullivan for this presentation, and recognized the following students and presented them with certificates: First in Class recipients • Patrick Crowley, Yingyi Xu - Bakersfield High School • Alex Gernes, McKenna Green, Sarah Manges, Jaskaran Sandhu - Centennial High School ACTION TAKEN 2026 Bakersfield, California, June 25, 2014 - Page 2 4. PRESENTATIONS ACTION TAKEN Item 4,a, continued • Katherine Deming, Karen Russell - East Bakersfield High School • Alexandra Crisler - Foothill High School • Oye Bosompra, Erin Glavin, Jayme Phillips, Sidney Russell - Frontier High School • Jose Ramirez - Highland High School • Elaine Bae, Nathaniel Baumstark, Danielle Behrens, Nathan Behrens, Sameen Bramer, Noah Demoes, Mitchell Grove, Nicole Kharoufa, Aaron Taylor - Liberty High School • Christopher Mazmanian - Ridgeview High School • Loren Belardes, Angela Beltran - South High School • Edward Camp, Kamal Gill, Pratyusha Gogulapati, Adam Julander, Amanda Wong - Stockdale High School b. Presentation by Mayor Hall and City Manager Tandy of a Certificate of Appreciation to Chief Douglas Greener honoring the re- rating of the Bakersfield Fire Department as an Insurance Services Office Rated Class 2 Fire Department. Chief Greener accepted the Certificate and made comments. Mayor Hall recessed the meeting at 5:32 p.m, and reconvened the meeting at 5:40 p.m. 5. PUBLIC STATEMENTS Mayor Hall announced that statements regarding Deferred Business Item 13.b., Resolution in Support of H.R. 15, will be heard at the time of the item. a. Kerry Ryan, representing Bakersfield Marathon, spoke regarding Bakersfield's first ever City streets full - length marathon scheduled for November of 2015, and requested the support of the City Council to help utilize City streets in order to showcase the best of Bakersfield's neighborhoods, landmarks, and attractions. Councilmember Smith referred this matter to the Community Services Committee for discussion. Bakersfield, California, June 25, 2014 - Page 3 5. PUBLIC STATEMENTS continued ACTION TAKEN b. Audrey Chavez, President of Bakersfield's AIDS Project, spoke regarding Kern County AIDS Compassion Week, outlined the different activities taking place during the week of June 20 through 27, and submitted written material. C. The following individuals spoke regarding the equestrian easement on Saddleback, and expressed their concern with having the bike trail coming into the equestrian tunnel because they feel it is dangerous for the horses and their riders: Donald Dyson (submitted written material); Kathy Marvel; Craig Hummel, Sr,; and Craig Hummel, Jr, Councilmember Maxwell directed staff to not do anything to this particular area until either an agreement or compromise is reached between him and Councilmember Smith or, if that does not occur, then the issue be brought back to the City Council as a whole to decide what will happen to that particular area. d. The following individuals spoke in support of a sound wall on the Westside Parkway at San Simeon Avenue: Theresa Mawson; Kristen Cimental (submitted written material), Felix Vasquez (submitted written material); and John Mudryk. Councilmember Smith advised that he has been working with Supervisor Couch on this matter, and they will be setting up a neighborhood meeting to talk over what has been decided and what they have learned. e, Dennis Fox spoke regarding water costs and submitted written material. f. Louis Medina spoke regarding a water conservation campaign idea and submitted written material. g. Michele Carlon spoke regarding High Speed Rail and water. h. Scott Monroe spoke regarding his interest in buying a hangar at the Bakersfield Municipal Airport and the City's right of first refusal. Bakersfield, California, June 25, 2014 - Page 4 6. WORKSHOPS ACTION TAKEN None, 7. APPOINTMENTS a, One appointment to the Historic Preservation Commission, due to the resignation of Tenielle Cooper, whose term expires March 30, 2015. City Clerk Gafford announced that one application was received from Cathy Butler, Motion by Vice -Mayor Weir to appoint Cathy APPROVED Butler to the Historic Preservation Commission, term to expire March 30, 2015. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the June 4, 2014 Regular City Council Meetings, Payments: b. Receive and file department payments from May 23, 2014, to June 12, 2014, in the amount of $20,194,770,10 and self- Insurance payments from May 23, 2014, to June 12, 2014, in the amount of $743,421,15, totaling, $20,938,191,25. Ordinances: Resolutions: C. Resolution calling and giving notice of holding RES 096 -14 a General Municipal Election for the election of Councilmembers for Wards 1, 3, 4 and 7, and requesting consolidation with the County of Kern State -wide General Election to be held on Tuesday, November 4, 2014. d. Resolution confirming approval by the City RES 097 -14 Manager designee 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 certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. Bakersfield, California, June 25, 2014 - Page 5 8. CONSENT CALENDAR continued e. Upgrade of Glock Service Pistols from 40 caliber to 9mm by trade -in exchange: 1. Resolution determining that Gunarama Wholesale, Inc. - Law Enforcement Equipment is the sole designated distributor authorized by Glock, Inc., to exchange BPD 40 caliber Glock pistols for 9mm Glock pistols at no charge to the City. 2. Approve trade of 554 40 caliber Police Glock service pistols for 475 9mm Police Glock service pistols, at no charge to the City. Resolution authorizing the Police Department to apply for the Edward Byrne Memorial Justice Assistance Grant ($161,177) from the U.S. Department of Justice to purchase equipment and provide training, g. Resolution dispensing with bidding procedures due to urgent necessity to construct a new warehouse building for storing police evidence, not to exceed $750,000, h. Resolution adding the following territories to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Report for each: 1. Area 4 -122 (1303 S Street) 2, Area 4 -123 (1214 34th Street) Resolutions of Intention No, 1800 adding territory, Area 4 -124 (northwest corner of 20 +h & V streets) to the Consolidated Maintenance District and preliminarily approving, confirming and adopting the Public Works Director's Report, Resolution of Intention No, 1792 ordering the vacation of the existing 20 -foot wide public and utility access easement within Parcel 1 of Parcel Map No. 5102 (located at 2125 Brundage Lane. ACTION TAKEN RES 098 -14 RES 099 -14 REMOVED FOR SEPARATE CONSIDERATION RES 10 1- 14 RES 102 -14 ROI 1800 ROI 1792 2040 �04 Bakersfield, California, June 25, 2014 - Page 6 8. CONSENT CALENDAR continued ACTION TAKEN Agreements: k. Agreement with Leverage Information Systems, Inc. ($60,514.85), for annual service maintenance of City's video surveillance system. Bakersfield Municipal Airport: 1. Agreement with Carol B. Campen, as administrator of the Estate of Joe T, Campen, Jr. ($15,000), for purchase of Hangar D -6 at the Airport. 2. Appropriate $15,000 General Aviation Fund balance to the Public Works Department's Capital Improvement Budget within the General Aviation Fund, M. Master Service Agreement with PG &E to upgrade and install energy efficiency projects at various City facilities through the Public Utility Commission's On -Bill Financing Program, n, Agreement with Definiti Healthcare Management (not to exceed $200,000 annually for a two year period with an additional option year) for Worker's Compensation Bill Review Services to be utilized at the City's discretion. (deferred from 06104114 meeting) o. Agreement with Duane Morris, LLP, for Fiscal Years 2014/2015 ($1,000,000), 2015/2016 ($1,125,000), 2016/2017 ($1,500,000) for legal services regarding water related matters, (deferred from 05121114 meeting) P. Renewal of Agreements with Clifford & Brown for legal services regarding General Miscellaneous Issues ($75,000) and General Personnel Issues ($75,000), q. Agreement with Jean Schamblin Separate Property Trust ($315,000) to purchase real property located at 2400 Spruce Street, for the 24th Street Widening Project. (TRIP) Agreement with Jack and Melissa Collins ($58,000) to purchase real property located at 3900 View Street, for the State Route 178 Widening Project. (TRIP) AGR 14 -096 REMOVED FOR SEPARATE CONSIDERATION AGR 14 -098 AGR 14 -099 AGR 14 -100 AGR 14 -101 AGR 14 -102 AGR 14 -103 AGR 14 -104 Bakersfield, California, June 25, 2014 - Page 7 8. CONSENT CALENDAR continued ACTION TAKEN S. Agreement with Richard and Julie Young REMOVED FOR ($400,000) to purchase real property located at SEPARATE 2312 24th Street, for the 24th Street Widening CONSIDERATION Project. (TRI P) Agreement with and indemnification of AGR 14 -106 Albertsons to allow the City to utilize a vacant lot at the southwest corner of Stockdale Highway and Buena Vista Road on July 4, 2014, to accommodate additional parking for the Fourth of July Event at The Park at River Walk. U. Final Map and Improvement Agreement with AGR 14 -107 Castle & Cooke California, Inc., for Tract 6250 Unit 14, located west of Jewetta Avenue and north of Stockdale Highway, V. Landscape Improvement Agreement with BMC AGR 14 -108 Stein, LLC, for Tract 7222, located south of Panama Lane and west of Stine Road. W. Final Map and Improvement Agreement with AGR 14 -109 BMC Stein, LLC, for Tract 7222, Unit 5, located south of Panama Lane and west of Stine Road, X. Final Map and Improvement Agreement with AGR 14 -110 BMC Stein, LLC, for Tract 7222, Unit 7, located south of Panama Lane and west of Stine Road. Y. Construction and Maintenance Agreement AGR 14 -111 with San Joaquin Valley Railroad Company (not to exceed $779,143.37; 88.53% Federal Earmark Funds and 11.47% Transportation Development Funds) for the construction of the Rosedale Highway Widening Project, (TRIP) Z. Implementation of Urban Water Use Efficiency Project; Agreement with Kern Water Bank AGR 14 -112 Authority to receive State Grant funding (not to exceed $600,000), 2. Appropriation of $476,450 Prop 84 State Grant Funds to the Recreation and Parks CIP Budget within the Capital Outlay Fund for installation of smart irrigation controllers at 18 parks. ry tr042) n 0 P Bakersfield, California, June 25, 2014 — Page 8 CONSENT CALENDAR continued ACTION TAKEN Item 8z, continued 3. Appropriation of $99,074 Prop 84 State Grant Funds to the Water Resources Operating Budget within the Domestic Water Fund for conservation incentives. aa. Amendment No. 1 to Agreement No, 13 -034 AGR 13- 034(1) with Kern Security Systems, Inc. ($50,000; revised not to exceed $155,000 and extend term until June 2015), for security guard services provided at 18th and Eye Street Parking Garage. (deferred from 06104114 meeting) bb. Amendment No. 1 to Agreement No. 12 -161 AGR 12- 161(1) with Bethany Services /Bakersfield Homeless Center (extending term of contract) to provide emergency shelter services. cc. Amendment No. 1 to Agreement No, 13 -188 AGR 13- 188(1) with Bethany Services /Bakersfield Homeless Center (extending term of contract) to provide emergency shelter services. dd. Amendment No. 1 to Disposition and AGR 13- 078(1) Development Agreement No. 13 -078 and ABS JOHNSON Assignment and Assumption Agreement with Park 20 +h LP, and Golden Empire Affordable Housing, Inc. ll, for the Park 2011, Affordable Housing Project. ee. Amendment No. 1 to Agreement No, 13 -042 AGR 13- 042(1) with Alliance Against Family Violence and Sexual Assault, for cooperation in child protective services investigations. ff. Amendment No. 3 to Agreement No, 10 -086 AGR 10- 086(3) with AECOM Technical Services, Inc. (no change in compensation and extending term to June 30, 2015), for on -call civil engineering and surveying services. gg. Amendment No. 2 to Agreement No, 10 -033 AGR 10- 033(2) with Marderosian, Cercone & Cohen to reflect correct name of outside counsel firm. Bakersfield, California, June 25, 2014 - Page 9 8. CONSENT CALENDAR continued hh. Traffic Signal Synchronization - Part 3: 1. Contract Change Order No. 2 to Agreement No. 13 -172 with Crosstown Electrical & Data Inc. ($41,180.51; revised not to exceed $363,436.51), for the project. 2. Appropriate $22,343 Federal Congestion Management Air Quality (CMAQ) grant funds to the Public Works Department's Capital Improvement Budget within the SAFETEA -LU Fund. 3. Appropriate $2,900 Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund to fund local match requirement associated with the additional CMAQ funding. Ii. Contract Change Order No. 18 to Agreement No. 13 -118 with Granite Construction ($55,964.23; revised not to exceed $25,839,519.32; change order funded with Federal Earmark Funds 88,53% and Capital Outlay Utility /Roads Fund 11.47 %) for the State Route 178 and Morning Drive Interchange Project. (TRIP) Bids: jj. Accept bid from Cyber Computers, Inc. ($57,067.45), for one hundred twenty seven (127) Panasonic Vehicle Mount Port Replicators for the Police Department. kk. Accept bid from Golden State Peterbilt ($199,208) for one (1) replacement 12 cubic yard dump truck for use by the Public Works Department, Streets Division. II. Accept bid from Three Way Chevrolet ($53,525.25) for two (2) replacement four door midsize utility vehicles for use by the Police Department, Investigations Division. ACTION TAKEN AGR 13 -172 CCO2 AGR 13 -118 CCO 18 no �0 8. Bakersfield, California, June 25, 2014 - Page 10 CONSENT CALENDAR continued ACTION TAKEN mm, Accept bid from Jim Burke Ford ($42,349,07) for two (2) replacement two wheel drive 3/a ton pickups for use by the Public Works Department, Streets Division, nn. Accept bid from Coastline Equipment ($537,785,95) for two (2) four wheel drive loaders with high lift option for use by the Public Works Department, Solid Waste Division. oo. Purchase of LNG Refuse Roll -Off Trucks: 1, Accept bid from Golden State Peterbilt ($1,030,580) for four (4) replacement LNG Refuse Roll -Off Trucks for the Public Works Department, Solid Waste Division. 2. Transfer $592,000 Refuse Fund balance to the Public Works Department's Operating Budget within the Equipment Management Fund to partially offset the purchase cost, pp. Accept bid and approve contract with Granite REMOVED FOR Construction Company ($1,658,914,09) for SEPARATE Pavement Rehabilitation 2013 -2014 - RSTP: CONSIDERATION Truxtun Avenue from Chester Avenue to T Street. qq, Accept bid and approve contract with Griffith Company ($1,548,451), for Pavement AGR 14 -114 Rehabilitation 2014 - Panama Lane from Monitor Street to S. Union Avenue, Miscellaneous: rr, Appropriate $1,440,000 Building Equity and Growth In Neighborhoods (BEGIN) Grant Funds to the Community Development Department Operating Budget within the BEGIN Program Fund for the Creekview Villas Downpayment Program for income eligible first -time homebuyers. ss. Appropriate $20,000 State Grant Revenue to the California Unified Program Agency (CUPA) Fund Operating Budget for wireless service, Bakersfield, California, June 25, 2014 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN tt. Appropriate $25,000 additional Fire Plans Check Revenue to the Certified Unified Program Agency (CUPA) Fund Operating Budget for additional hazardous materials hauling fees and laboratory analysis. uu. Revised Job Spec! fi cation /Title Change for Program Specialist # 26020 to Recreation Specialist. City Clerk Gafford announced that staff memoranda were received regarding Item 8.k, transmitting a revised agreement, and Item 8.y. revising exhibits to the agreement. Councilmember Johnson announced that he would abstain due to conflict of interest, source of income to himself, on Item 8.dd. Councilmember Maxwell requested that items 8.g., 8.s., and 8.pp. be removed for separate consideration. Councilmember Johnson requested that item 8.1. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8.uu., with the removal of items 8.g., 81, 8.s., and 8.pp. for separate consideration. g. Resolution dispensing with bidding procedures RES 100 -14 due to urgent necessity to construct a new warehouse building for storing police evidence, not to exceed $750,000. Councilmember Maxwell requested that, as this process goes forward, he be kept apprised of the costs, and that staff provide an overview for the Council as to how the building is being constructed and what the costs are. Motion by Councilmember Maxwell to adopt APPROVED Consent Calendar Item 8.g. rt'0i0 91 8. a Bakersfield, California, June 25, 2014 - Page 12 CONSENT CALENDAR continued ACTION TAKEN Bakersfield Municipal Airport: Agreement with Carol B. Campen, as AGR 14 -097 administrator of the Estate of Joe T, Campen, Jr. ($15,000), for purchase of Hangar D -6 at the Airport, 2. Appropriate $15,000 General Aviation Fund balance to the Public Works Department's Capital Improvement Budget within the General Aviation Fund. Motion by Councilmember Johnson to adopt APPROVED Consent Calendar Item 81 S. Agreement with Richard and Julie Young AGR 14 -105 ($400,000) to purchase real property located at 2312 24th Street, for the 24th Street Widening Project, (rRI P) Motion by Councilmember Maxwell to adopt APPROVED Consent Calendar Item 8.s. pp. Accept bid and approve contract with Granite AGR 14 -113 Construction Company ($1,658,914.09) for Pavement Rehabilitation 2013 -2014 - RSTP: Truxtun Avenue from Chester Avenue to T Street. Motion by Councilmember Smith to adopt APPROVED Consent Calendar Item 8.pp. SUCCESSOR AGENCY BUSINESS a. Receive and file successor agency payments from May 23, 2014, to June 12, 2014, in the amount of $6,139,31. Motion by Vice -Mayor Weir to receive and file APPROVED the report. Bakersfield, California, June 25, 2014 - Page 13 9. SUCCESSOR AGENCY BUSINESS continued ACTION TAKEN b. Resolution authorizing the sale of city -owned RES SHA001 -14 units at Creekview Villas and to use the net proceeds to complete the construction and sale of the remaining units to protect the City's Investment of its Low - Moderate Income Housing and Proposition 1 C Funds. Community Development Director Mcisaac made staff comments and recommended adoption of the Resolution. Motion by Councilmember Johnson to adopt APPROVED the Resolution. 10. CONSENT CALENDAR PUBLIC HEARINGS None. 11. HEARINGS a. Public Hearing to consider Resolution adopting RES 103 -14 fees pursuant to the Cost Recovery System (Master Fee Schedule), Finance Director Smith made staff comments and recommended adoption of the Resolution. Hearing opened at 6:53 p.m. No one spoke. Hearing closed at 6:53 p.m. Motion by Vice -Mayor Weir to adopt the APPROVED Resolution. NOES JOHNSON 12. REPORTS None, 13. DEFERRED BUSINESS a. Fiscal Year 2014 -15 Budget: (deferred from 06104114 meeting) 1. Resolution approving and adopting the RES 104 -14 City's Operating and Capital Improvement Budgets, as amended. XV8 '10 Bakersfield, California, June 25, 2014 - Page 14 13. DEFERRED BUSINESS continued ACTION TAKEN Item 13,a. continued 2. Resolution establishing the City's RES 105 -14 appropriations limit. 3. Amendment No, 1 to Resolution RES 152 -01(1) No, 152 -01 establishing Council Policy for evaluating requests for financial assistance for non - profit groups. Assistant to the City Manager Huot made staff comments and recommended adoption of the Resolutions, Motion by Vice Mayor Weir to adopt the APPROVED Resolutions, as amended. b. Resolution in support of H. R. 15 regarding Border Security, Economic Opportunity and Immigration Modernization Act, (deferred from 04116114 meeting) City Clerk Gafford announced that a staff memorandum was received transmitting emails received in support from Wilma Goodloe, Virginia Tunks, Cheryl Tierce, Cathee Romley, and Gilbert Gia; and in opposition from Dominic Gonzalez. Also attached are phone logs with 8 in support and 17 in opposition, City Attorney Gennaro made staff comments and recommended Council determination. The following individuals spoke in opposition to the Resolution: Carol Looker and Nora Weber (submitted written material), The following individuals spoke In support of the Resolution: Rob England, Vice - President of the Kern, Inyo, and Mono Central Labor Council; Linda Haggerty; Cathee Romley; Laird Taylor; Lois Watson (submitted written material); Gonzalo Santos (submitted written material); Catalina Mendiola, Bernice Bonillas; Mary Helen Barro; Jose Gonzalez; Jane Prewett; Jose Gurrola, Councilman for the City of Arvin; Audrey Chavez; Lori DeLeon, with the Dolores Huerta Foundation; Paola Fernandez, Mirna Sawyer; and David Torres, Bakersfield, California, June 25, 2014 - Page 15 13. DEFERRED BUSINESS continued Item 13,b. continued Councilmember Rivera made comments in support of the Resolution. Vice -Mayor Weir expressed his appreciation to the speakers; advised that this is not an issue for this Council to act upon; and made a motion to table this Resolution and this topic indefinitely until such time as four Councilmembers vote affirmatively to bring this matter back to the Council. Councilmember Maxwell requested that Vice - Mayor Weir consider putting together an ad hoc committee, consisting of himself and Councilmember Rivera, so that when the City does make some recommendations, that it can weigh in and offer some real solutions and compromises, and urge the Congress to act on a change of our immigration policy to solve this problem and to move forward. Councilmember Hanson advised that the Council's vote carries no rule of law, he supports Vice -Mayor Weir's motion, and he called for the question. Motion by Councilmember Hanson to call for the question. Motion by Vice -Mayor Weir to table the Resolution and the topic inderinitely until four Councilmembers vote affirmatively to bring this matter back to the Council. 14. NEW BUSINESS a. Agreement with the County of Kern ($40,000,000) for the County's Full and Final Contribution for the construction of Thomas Road Improvement Program (TRIP) Projects. City Manager Tandy made staff comments, thanked County Roads Commissioner Craig Pope and the Board of Supervisors for their consideration, and recommended approval of the Agreement. ACTION TAKEN APPROVED NOES RIVERA APPROVED NOES RIVERA, MAXWELL AGR 14 -115 X050 14. Bakersfield, California, June 25, 2014 - Page 16 NEW BUSINESS continued ACTION TAKEN Item 14.a, continued Councilmember Hanson advised he would like to publicly thank the Board of Supervisors for this action. Councilmember Maxwell made comments and advised that he would be abstaining from the vote on this matter. Councilmember Smith expressed his appreciation to the County and Craig Pope, and made a motion to accept and approve the Agreement. Motion by Councilmember Smith to accept and APPROVED approve the Agreement. ABS MAXWELL b. Resolution encouraging Water Conservation RES 106 -14 within the City. City Clerk Gafford announced that a staff memorandum was received transmitting a revised Resolution. City Attorney Gennaro made staff comments and recommended Council determination. Councilmember Smith made a motion to adopt Resolution A. At the request of Mayor Hall, Water Resources Manager Chianello made an announcement regarding a special water conservation event on July 12th, at Urner's Appliance Store parking lot, from 9 :00 a.m. to 12:00 p.m., involving the Water Association of Kern County, the City of Bakersfield, California Water Service, Oildale Mutual, PG &E, and other water purveyors. Motion by Councilmember Smith to adopt APPROVED Resolution A. 15. COUNCIL AND MAYOR STATEMENTS Councilmember Smith referred to the next Water Board meeting the issue of providing more education on how the cities up and down the valley go to the alternate day watering, how they enforce that, and how our City would initiate that process next year if there is another dry year. 92 052 Bakersfield, California, June 25, 2014 - Page 17 15. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell directed the Police Chief to check into a new marijuana shop on Niles Street near the Boys and Girls Clubs, and provide information to the City Attorney so she can do the proper letters to get them to cease and desist. Mayor Hall expressed his appreciation for the get -well wishes and expressions of concern he has received from staff, the Councilmembers, and the community during the last four weeks. 16. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956,9 (d)(1) regarding City v. Kern County, Kings County Superior Court Case No, 13 C 0180. b. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957 (b)(1)/54957.6. Motion by Vice -Mayor Weir to adjourn to Closed APPROVED Session at 8:59 p.m. Motion by Councilmember Johnson to adjourn from APPROVED Closed Session at 10:34 p.m. RECONVENED MEETING AT 10:35 p.m. 17. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing STAFF WAS GIVEN Litigation; Closed Session pursuant to DIRECTION Government Code Section 54956,9 (d)(1) regarding City v, Kern County, Kings County Superior Court Case No. 13 C 0180, b. Public Employee Performance Evaluation - City CONTINUED Manager; Closed Session pursuant to Government Code Section 54957 (b)(1)/54957.6, Motion by Vice -Mayor Weir to continue Closed APPROVED Session Item 17.b. to the next meeting. Bakersfield, California, June 25, 2014 — Page 18 18. ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 10:35 p.m. MAYOR of the City of Bakersfield, CITY CLERK and Ex Officio the Council of the City of