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HomeMy WebLinkAbout07/02/1986 MINUTES CCBakersfield, California, July 2, 1986 Minutes of a Joint Public Hearing of the Council of the City of Bakersfield and the Bakersfield Redevelopment Agency, held in the Council Chambers of City Hall at 5:00 p.m., July 2, 1986. The ~neeting was called to order by Mayor Payne. Deputy City Clerk Gafford called the roll as follows: Present: Mayor Payne. Council and Agency Members Moore, Salvaggio, Smith, Childs, Christensen, Dickerson (seated at 5:23 p.m.) Absent: Council and Agency Member Ratty PUBLIC HEARING Mayor Payne provided introductory remarks regarding the meeting format. City Manager Caravalho explained the background of the Convention Center Hotel Project. Economic Development Director Kennon provided an over- view report of the project, the description of improvements to the Civic Auditorium, hotel design, and environmental review of the project. Mr. Cal Hollis, of Katz, Hollis, Coren and Associates, summarized the Analysis of Cost of Amended and Restated Disposition and Development Agreement and the Revised 33433 Report. He indicated the private financing for the project comes from Mercury Savings in the amount of $15 million and a $6.2 million equity commitment, 75 percent of which comes from local investment. Dave Beatty, of McDonough, Holland and Allen, read, for the record, several changes made to the Amended and Restated Disposition and Development Agreement for the Convention Center Hotel Project as follows: Page 20, first full paragraph change the word "subordinates" to "defers." Page 41, change last signature item from Bakersfield Metropolitan Associates a "California General Partnership" to a "California Corporation." Attachment No. 3, Page 6, II.A.1, add to the end of the paragraph the phrase, "which are known prior to or discovered during de~nolition." Attachment No. 4, Page 2, there are three blanks; Item 6., should be filled in "October 1, 1986;" Item 7., strike "not later than blank 1986," and insert "within 30 days after submission by the developer;" and Item 8., the blank should be filled in "not later than October 1, 1986." Attachment No. 4, Page 3, there is a blank Item 11., fill in "no later than November 1, 1987." Attachment No. 4, the next blank is Item 13., which should be filled in "within 120 days after approval by the Agency." Attachment No. 5, Page 10, in the last full paragraph the sentence "25 percent of the total gross revenue of the hotel" should be changed to "25 percent of the total gross revenue of the leased premises." Bakersfield, California, July 2, 1986 - Page 2 Attachment No. 5, Page 19, Paragraph V, the phrase "against others and all" insert between the words "and" and "all" the phrase "50 percent of." Attachment No. 5, Page 32, Paragraph (c) (1) (i), the phrase, "as determined by an independent MAI Appraisers," the word "Appraisers" should be changed to "Appraiser mutually acceptable to the Lessee and the Agency." Attachment No. 5, Page 32, Paragraph (c) (1) (v), the phrase should be added to the paragraph, "or from the proceeds of the refinancing at the close of escrow." Attachment No. 5, Page 32, the last Paragraph No. 2, the words "obtained for the original construction of the improvements" should be struck and the word "upon" substituted. Page 8 of the Development Agreement, Section 207, states we will not acquire or sell property to the Agency until we have finally approved mortgage financing and equity financing. In this section we would like to give the developer the option of coming in with a letter of credit whereby he would insure that he will have the necessary funds to acquire the property and we can use those funds to drawdown on in our acquisition of the property. Mayor Payne declared the hearing open for public par- ticipation. Gordon Bell, West Coast Development spoke in support of the project and provided obtaining financing. Director for ARCOA, assurances in Bob Eddy, local architect, 5405 Stockdale Highway, spoke in support of the hotel project. Jose De Los Rios, President of Legal Consultants, spoke in support of the hotel project. Norman Walters, 3301 Dwight Street, spoke in opposition to the method of financing the hotel project. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public portion of the hearing for Council and Agency deliberation and action. Adoption of Resolution No. 93-86 of the Council of the City of Bakersfield approving and authorizing the execution of the Amended and Restated Disposition and Development Agreement for the Convention Center Hotel between the Bakersfield Convention Center Hotel and Associates, Ltd., and the Bakersfield Redevelopment Agency. Upon a motion by Councilmember Moore, Resolution No. 93-86 of the Council of the City of Bakersfield was adopted by following roll call vote: the Ayes: Noes: Absent: Councilmembers Moore, Salvagg~o, Smith, Childs, Christensen, Dickerson None Councilmember Ratty Bakersfield, California, July 2, 1986 - Page 3 Adoption of Resolution No. 4-86 of the Bakersfield Redevelopment Agency approving and authorizing the execution of the Amended and Restated Disposition and Development Agreement for the Convention Center Hotel between the Bakersfield Convention Center Hotel and Associates, Ltd., and the Bakersfield Redevelopment Agency. Upon a motion by Agency Member Moore, Resolution No. 4-86 of the Bakersfield Redevelopment Agency was adopted by the following roll call vote: Ayes: Noes: Absent: Agency Members Moore, Salvaggio, Smith, Childs, Christensen, Dickerson None Agency Member Ratty ~ Approval of Financing. Upon a motion by Agency Member Salvaggio, the commitments for financing were approved by the following roll call vote: Ayes: Noes: Absent: Agency Members Moore, Salv~ggio, Smith, Childs, Christensen, Dickerson None Agency Member Ratty CLOSED SESSION Upon a motion by Councilmember Childs, the Council and Agency recessed to a Closed Session at 6:00 p.m., for the purpose of discussing Offers to Purchase necessary property to assemble the site pursuant to Government Code Sections 54956.8 and 54956.9. The meeting was reconvened at 6:18 p.m. Approval of Offers to Purchase. Upon a motion by Agency Member Christensen, the appraisals of subject properties were approved and the staff was directed to begin acquisition by the following roll call vote: Ayes: Agency Members Smith, Salvaggio, Moore, Dickerson, Christensen, Childs Noes: None Absent: Agency Member Ratty ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Dickerson, the City Council was adjourned at 6:20 p.m. There being no further business to come before Agency, upon a motion by Agency Member Dickerson, the Redevelopment Agency was adjourned at 6:20 p.m. the MAYOR of the City of Bake~st'ield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California rg Bakersfield, California, July 2, 1986 Minutes of the regular meeting of the Council of the City of Bakersfield, California, held in the Council Chambers of City Hall at 7:00 p.m., July 2, 1986. The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Dr. Clyde Wasdin of the First Assembly of God Church. Deputy City Clerk Gafford called the roll as follows: Present: Mayor Payne. Councilmembers Ratty, Salvaggio, Smith, Childs, Christensen, Dickerson, Moore Absent: None MINUTES Upon a motion by Councilmember Childs, Minutes of the Workshop Sessions of June 10, 11, and 12, 1986, and Emergency Meeting of June 20, 1986, were approved as presented. SCHEDULED PUBLIC STATEMENTS Jonathan Webster, President of the National Association for the Advancement of Colored People, 221 California Avenue, No. expressed concern regarding the economic development and redeve- lopment of Census Tract 22, and requested the Council review the Katz/Hol[s Report of 1982 to see if it is feasible for today. He indicated concerns regarding drugs, jobs, and the cosponsorship in terms of prostitutes on Union Avenue with the problem that the Police is running them off Union Avenue into the backstreets of the community. Upon a motion by Councilmember Childs, Jonathan Webster's concerns were referred to the Urban Development Committee. Theresa Scott, 5101 Dunsmuir Road, No. 24, spoke in opposition to the Amendment to the Ordinance relating to Massage Establishments. Upon a motion by Councilmember Dickerson, Theresa Scott's concern regarding Massage Establishments was referred to the Auditorium and Community Services Committee for review and recommendation to come back at the next meeting. Mel Yarrow, 5105 Silver Springs Lane, spoke in opposi- tion to the 13-acre parcel on Harris and Stine Roads claimed for oil well drilling. He indicated opposition to oil drilling in an M-1 property near Pacheco Road and the railroad tracks because of the noise and prevailing winds in the area. Councilmember Dickerson requested staff provide a report to Council on the alternatives to benefit the community and pro- ject those alternatives in the Environmental Impact Report. Carol Dykes, 2222 South "O" Street, spoke in opposition to the proposed budget, and the garbage, park and sewer fees. CORRESPONDENCE Upon a motion by Councilmember Smith, communication from Don Judkins, owner/subdivider, 4130 Ardmore Avenue, dated June 9, 1986, requesting sewer service for Tentative Tract No. 4908, which contains approximately 40 acres, located at the southwest corner of Palm Avenue and Jewetta Avenue, was received and referred to the Urban Development Committee. Bakersfield, California, July 2, 1986 - Page 2 Upon a motion by Councilmember Christensen, com- munication from Wayne L. Vaughn, Sr., P.O. Box 2353, dated June 11, 1986, requesting that "Denial of Vehicular Access" for that portion of the canal right-of-way along Allen Road be rescinded, was received and referred to the Planning Commission. Upon a motion by Councilmember Childs, communication from Kenneth W. Kind, Attorney at Law, 1715 Chester Avenue, Suite 300, dated June 17, 1986, requesting a meeting to discuss Tract 4444, was received and referred to Development Services. Upon a motion by Councilmember Childs, communication from Kenneth W. Kind, Attorney at Law, 1715 Chester Avenue, Suite 300, dated June 20, 1986, regarding Tracts 4444 and 4445, was received and referred to Development Services. COUNCIL STATEMENTS Councilmember Christensen expressed concern regarding the toxic water at the Bakersfield Airpark. Councilmember Smith requested a study session for Council on the concerns of support and opposition to the proposed Sand Creek Golf Course. Councilmember Dickerson requested Council receive copies of the appraisal for the park site at Akers and Harris Road by July 30, 1986. Councilmember Dickerson read a letter dated June 5, 1986 addressed to Jill Thieman from Billy D. Smith, as follows: This short note will confirm our conversation of yester- day (6/24/86). I respectfully request the opportunity to meet with the Legislative Committee of the City Council regarding certifying Journey Level Plumbers. Thank you again. Very Truly Yours, Billy D. Smith Upon a motion by Councilmember Dickerson correspondence from Billy D. Smith, dated June 5, 1986, was referred to the Legislative Committee to set a meeting with Billy D. Smith. Councilme~nber Dickerson made a motion to refer the issue of communications with staff and Council to the Legislative Committee. This motion was defeated by the following roll call vote: Ayes: Councilmembers Childs, Christensen, Dickerson Noes: Councilmembers Ratty, Salvaggio, Smith, Moore Absent: None Mayor Payne expressed concern regarding calls received from the community regarding the visibility of house numbers, apartment numbers and commercial property numbers. Upon a motion by Councilmember Ratty, address visibi]ity requirements was referred to the Urban Development Committee for consideration and report back to Council. Councilmember Childs clarified to communication with staff, stating that discussed in Executive Session. his aye vote with regard this matter can be Bakersfield, California, July 2, 1986 - Page 3 REPORTS City Manager CaravaIho outlined the following City Manager Report, No. 17-86 regarding Liability Insurance Coverage: I am pleased to report that the City of Bakersfield has been admi.tted to the insurance pool in which we have sought membership for liability coverage. On June 27th, I met with the Board of Directors of the Authority for California Cities Excess Liability to discuss their concerns regarding Bakersfield's application for membership in the pool. Due to the rapid progress the City has made during recent months in establishing an aggressive risk manage- ment program, the ACCEL Board of Directors voted unanimously to admit Bakersfield to the insurance pool. As you may recall, City staff has participated in formation of the ACCEL insurance pool since its inception in January of this year. Following an actuarial analysis of the participant cities' claims histories, Bakersfield was disqualified from membership in April due to its loss record, which compares unfavorably to other member cities. Following the City's disqualification from the insurance pool, the City Council authorized several changes in the City's Risk Management Program, which included hiring a consultant to assist staff in reducing the City's losses. Subsequently, staff has made great strides in the design and implemen- tation of a Risk Management Program whi.ch assumes a proactive role in minimizing the City's losses. As a result, the ACCEL insurance pool has accepted the City's application for membership despite of the fact that Bakersfield's record indicates losses in excess of those experienced by other insurance pool members. This action reflects the ACCEL board's expectation that the City's continued efforts to implement an aggressive Risk Management Program will result in fewer claims against the City. Membership in the ACCEL insurance pool will require a three-year commitment for $10 million coverage in excess of the City's self-insured retention of $1 million. The Clty's first year premium is esti- mated to be $340,000. At the termination of Bakersfield's involvement in the pool, the City will be able to recoup the portion of its payments not used to pay claims. The City's entry into the pool has been made conditional upon a six-month review by the ACCEL Board of Directors of Bakersfield's claims and progress with implemen- tation of its new Risk Management Program. It is noteworthy that the ACCEL board also expressed con- cern regarding the deficit within the City's self- insurance fund. The pool members may also review our progress in bringing this fund into balance during their six-month evaluation. Staff's evaluation of the various insurance pools available indicates that the ACCEL pool is most advantageous for the City. Since the City's alter- native is to go completely uninsured for liability coverage, I strongly urge the City Council to authorize Bakersfield's membership in the Authority for California Cities Excess Liability. Since the City's insurance expired yesterday, July 1, and the Bakersfield, California, July 2, 1986 - Page 4 ACCEL pool can only provide us coverage effective on that date if we join immediately, I request that the City Council consider this matter an urgency item necessitating immediate action. Therefore, I recommend that the City Council adopt the attached resolution authorizing Bakersfield's entry into the Authority for California Cities Excess Liability. Upon a motion by Councilmember, Ratty, the issue of Liability Insurance Coverage was considered an emergency item. Upon a motion by Councilmember Salvaggio, Resolution No. 94-86 of the Council of the City of Bakersfield declaring its Membership in the Authority for California Cities Excess Liability was adopted by the following roll cal! vote: Ayes: Councilmembers Ratty, Salvaggio, Smith, Childs, Christensen, Dickerson, Moore Noes: None Absent: None City Manager Caravalho provided an oral report regarding the Beale Memorial Library. He explained that the Council authorized participation in furnishing improvements at the Beale Memorial Library that would be paid in five increments up to $250,000 over a period of five years. He requested the Council consider the name for the Auditorium and provided two alternatives. Upon a motion by Councilmember Smith, staff was directed to obtain names for the Auditorium and submit them to Council. CONSENT CALENDAR Approval of Warrant Nos. 8237 to 8403 inclu- sive, in the amount of $1,486,979.32. b. Claim for Damages and Personal Injuries from the following: 1. Conner Jackson aka Johnson, 612 8th Street; 2. Pyrenees French Bakery, Inc., 717 East 21st Street; 3. Andrew Gallegos, Jr., 2109 University Avenue; 4. Catherine K. Coleman, 3204 Idaho Street. (REFER TO CITY ATTORNEY) c. Dedication of Property: Dedication of sewer line easement from Lori Wilcox for construction of the sewer outfall line from Wastewater Treatment Plant 3. Landscape Easement Tract 4761, Unit A, wold Drive and west from U. S. Homes for located south of West- of Gosford Road. Correction Grant Deed from Shadow Ridge Limited for landscape strip within Tract 4744 located north of College Avenue and east of Fairfax Road. This deed will correct an error in Exhibit "A" of a pre- viously recorded document. Bakersfield, California, July 2, 1986 - Page 5 Sewer line easements from Pacific Gas and Electric Company for extension of a sewer line along Brimhall Road between Calloway Drive and Co[fee Road. d. Maps and Improvement Agreements: Final Map and Improvement Agreement for Tract 4863, Unit A located south of White Lane and east of Old River Road. e. Notice of Completion and Acceptance of Work on: Constructing reinforced concrete stage extension, Contract No. 86-66, with Morris-Sorensen, Inc., at the Beale Park Outdoor Theater. East 19th Street resurfacing, Contract No. 85-228, with Western Imperial Engineering, from Union Avenue to East Truxtun Avenue. Pavement improvements on Mt. Vernon Avenue, Contract No. 85-123, with James G. Francis, from south City limits to Panorama Drive. Construction of storm drain, Contract No. 86-41, with Rising Sun Company, on Easton Drive north of California Avenue. Tract Map No. 4444 Unit B, Contract No. 85-152, with Wayne, L. Vaughn, Sr., located south of Stockdale Highway and west of Allen Road. Application for Encroachment Permit [rom: James R. Sullivan, 3409 Shiloh Ranch Road, for the construction of a 22-inch high garden retaining wall along Copperwood Lane at 3409 Shiloh Ranch Road. Frank R. Loustalot, Jr., 101 Cherry Hills Drive, for the construction of a 3-foot high wrought iron fence behind the sidewalk area at the corner of Cherry Hills and Stockdale Highway at 101 Cherry Hills Drive. Big Brand Tire Company, Inc., 1000 Commercial Avenue, Oxnard, California, for the construction of tree wells, irrigation system and decorative brick pavers at 1401 21st Street along 21st and "K" Streets. Upon a motion by Councilmember Childs, e and f of the Consent Calendar were adopted by call vote: Items a, b, c, d, the following roll Ayes: Councilmembers Ratty, Salvaggio, Smith, Childs, Christensen, Dickerson, Moore Noes: None Absent: None Bakersfield, California, July 2, 1986 Page 6 ACTION ON BIDS Upon a motion by Councilmember Childs, low bid from Safetran Traffic Systems, Inc., in the amount of $6,516.67 for traffic signal controllers, was accepted and all other bids rejected. Upon a motion by Councilmember Childs, low Did from Mobile Equipment Company, in the amount of $30,734.70, for a one ton stencil truck, was accepted and all other bids rejected. DEFERRED BUSINESS Adoption of Ordinance No. 3052 New Series of the Council of the City of Bakersfield adding Chapter 3.70 to the Bakersfield Municipal Code relating to an establish- ment of a Fee and Service Charge Revenue/Cost Comparison System. This Ordinance was given first reading at the meeting of June 25, 1986. Upon a motion by Councilmember Childs, Ordinance No. 3052 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Ratty, Smith, Childs, Moore Noes: Councilmembers Salvaggio, Christensen, Dickerson Absent: None Adoption of Ordinance No. 3053 New Series of the Council of the City of Bakersfield Establishing Sewer User Charges and Fees for Fiscal Year 1986-87. This Ordinance was given first reading at the meeting of June 25, 1986. Councilmember Childs stated that the Budget and Finance Committee has met for many months, and that imposing the fees was not an easy decision. Councilmember Smith stated facts which helped her arrive at her decision. She emphasized that the ultimate decision was whether there would be service cuts, capital project eliminations or revenue increases. Upon a motion by Councilmember Ratty, Ordinance No. 3053 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Noes: Councilmembers Absent: None Ratty, Smith, Childs, Moore Salvaggio, Christensen, Dickerson Adoption of Ordinance No. 3054 New Series of the Council of the City of Bakersfield amending Sections 8.32.030 A., B., C., D., E.2. and F., 8.32.040, 8.32.050, 8.32.130, 8.32.140 A., E. and F., 8.32.150 A.2., 8.32.160 D., 8.32.170 A., B. and D., 8.32.180 and repealing Section 8.32.060 B. of the Bakersfield Municipal Code regarding Refuse Collection Charges. This Ordinance was given first reading at the meeting of June 25, 1986. Bakersfield, California, July 2, 1986 - Page 7 Councilmember Moore indicated that much time was spent by the Budget and Finance Committee debating the alternatives available, and cited the fees imposed by the City of Salinas. Upon a motion by Councilmember Childs, Ordinance No. 3054 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Smith, Childs, Moore Councilmembers Salvaggio, Christensen, Dickerson None Upon a motion by Councilme~nber Smith, staff was directed to study an easier way for the senior citizens to be able to pay the increased fees. Councilmember Salvaggio clarified his vote stating that he promised the people in his Ward that he would work to keep taxes low and government spending down. He stated that he did not like the budget process in which three Councilmembers review the budget and make recommendations. Councilmember Dickerson stated for the record that he campaigned for no more taxes and no more fees. He indicated that he would like to see the Council have open activities of discussing the budgetary policies in full. RECESS Upon a motion by Councilmember Childs, the meeting was recessed at 8:54 p.m. The meeting was reconvened at 9:07 p.m. Adoption of Zoning Resolution No. 336 of the Council of the City of Bakersfield denying appeal of Douglas Hankins from Decision of Board of Zoning Adjustment approving conditional use permit, upon application of Leland H. Reeves, allowing a day care center for 50 children and five staff members in conjunction with a Church in an R-3-CH (Limited Multiple Family Dwelling-Church) Zone located at 25 Garnsey Avenue. Council 1986. This Zoning Resolution sets forth the decision of the following the appeal hearing on this matter held May 21, Upon a motion by Councilmember Ratty, Zoning Resolution No. 336 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Ratty, Salvaggio, Smith, Childs, Christensen, Dickerson, Moore Noes: None Absent: None Adoption of Zoning Resolution No. 337 of the Council of the City of Bakersfield partially granting appeal of John Paul White from Decision of Board of Zoning Adjustment approving conditional use per- mit, upon application of appellant, allowing a retail flower and plant nur- sery in a C-O-D (Commercial and Professional Office-Architectural Design) Zone located at the southeast corner of Oak Street and 24th Street. Bakersfield, California, July 2, 1986 - Page 8 Council 1986. This Zoning Resolution sets forth the decision of the following the appeal hearing on this matter held May 21, Upon a motion by Councilmember Salvaggio, Zoning Resolution No. 337 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Ratty, Salvaggio, Smith, Childs, Christensen, Dickerson, Moore Noes: None Absent: None NEW BUSINESS Adoption of Emergency Ordinance No. 3055 New Series of the Council of the City of Bakersfield adding Subsection F to Section 3.20.120 of the Bakersfield Municipal Code relating to surplus supplies and equipment. Pursuant to the direction of the City Council at the meeting of June 18, 1986, this ordinance authorizes the sale of surplus property to other governmental entitles. Upon a motion by Councilmember Childs, Emergency Ordinance No. 3055 New Series of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Councilmembers Ratty, Salvaggio, Smith, Childs Christensen, Dickerson, Moore Noes: None Absent: None Sale of Surplus Asphalt Paving Machine to the City of Arvin. Upon a motion by Councilmember Childs, the sale of a surplus asphalt paving machine to was unanimously approved. authorization of the City of Arvin First Reading of an Ordinance of the Council of the City of Bakersfield adding Section 10.32.130 to Chapter 10.32 of the Bakersfield Municipal Code and amending Section 12.56.050 F. to Chapter 12.56 of the Bakersfield Municipal Code relating to the parking of motor vehicles within the limits of City parks. First Reading of an Ordinance of the Council of the City or Bakersfield amending Title 16 and adding Section 17.10.025 and Section 17.64.035 to Titte 17 of the Bakersfield Municipal Code relating to Subdivisions. First Reading of an Ordinance of the Council of the City or Bakersfield amending Section 5.32.040 of the Bakersfield Municipal Code relating to massage establishments. First Reading or an Ordinance of the Council of the City or Bakersfield amending Section 17.28.020 B. of the Bakersfield Municipal Code relating to permitted uses in M-1 (Light Manufacturing) Zones. Bakersfield, California, July 2, 1986 Page 9 Adoption of Resolution of Intention No. 1008 of the Council of the City of Bakers- field declaring its intention to order the vacation of a portion of the east end of the City owned alley in Block 32 of Kern Division in the City of Bakersfield. This Resolution of Intention sets the date of hearing for July 30, 1986. Upon a motion by Councilmember Salvaggio, Resolution of Intention No. 1008 of the Council of the City of Bakersfield was adopted by the following roll call vote: Ayes: Noes: Absent: Councilmembers Ratty, Salvaggio, Smith, Childs, Christensen, Dickerson, Moore None None Agreement with the County of Kern for continuation of the Adult Diversion Program, a cooperative effort between the Kern County Probation and the Bakersfield Police Department. Upon a motion by Councilmember Childs, Agreement with County of Kern for continuation of the Adult Diversion Program, was approved and the Mayor was authorized to execute the Agreement. Agreement between the City and the State for funding of the "H" Street/ Santa Fe Railroad Underpass. Upon a motion by Councilmember Christensen, Agreement between the City and the State for funding the "H" Street/Santa Fe Railroad Underpass was approved and the Mayor was authorized to execute the Agreement. CLOSED SESSION Upon a motion by Councilmember Childs, the meeting was recessed to a Closed Session at 9:21 p.m., to review liability loss runs pursuant to Government Code Section 54956.9, Personnel Session regarding Performance Evaluation of City Manager pursuant to Government Code Section 54957, and potential liability pursuant to Government Code Section 54956.9. The meeting was reconvened at 10:45 p.m. Mayor Payne announced the action taken during the Closed Session as follows: Upon a motion by Councilmember Childs, the Council agreed unanimously to provide written evaluations of the City Manager through the Mayor's Office within three weeks from tonight, and the Mayor, as provided for in the Manager's contract, will condense that material into one document and the Council will then meet back with the Manager. ADJOURNMENT There being no further business to come before the Council, upon a motion by Councilmember Childs, the meeting was adjourned at 10:45 p.m. MAYOR of the City of Bakersfield, Calif. ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield, California rg