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HomeMy WebLinkAbout07/21/2003 B A K E R S F I E L D Alan Tandy, City It~'nager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITrEE Regular Meeting Monday, July 21,2003 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:03 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan arrived at 1:05 p.m. 2. ADOPT APRIL 28, 2003 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS None. 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO ORDINANCE REGARDING THE APPROVAL OF SALE OR LEASE OF PROPERTY City Attorney Bart Thiltgen gave a brief perspective on why the current ordinance was set up to require a 2/3rds super majority vote. It was also mentioned that there was no memory of when this had posed a problem in the past, that at one time the Council served as the Redevelopment Agency, and that it could have been the Council did not want to relegate the authority to the Redevelopment Agency. Finance Director Greg Klimko also mentioned that in the beginning the Redevelopment Agency was an unknown quantity. Agenda Summary Repo Legislative and Litigation Committee July 21,2003 Page 2 Staff recommendation is to require a simple majority rather than a super majority, which also provides consistency and conformity with other ordinances. Committee Member Jacquie Sullivan indicated she supported staff's position for consistency and conformity. Committee Chair Sue Benham and Committee Member David Couch indicated some doubts about the need to change the ordinance since it has not appeared to pose a problem in the past. Additional discussion included, among others, questions on eminent domain in Redevelopment proceedings. Committee Chairperson Benham, as staff responded there was not an immediate need for a decision, indicated she felt staff should provide additional information before a decision is made. The issue will be revisited at the next Legislative and Litigation Committee meeting. B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING THE CITY'S BIDDING PROCESS Assistant Public Works Director Jack LaRochelle explained that the request for proposals (RFPs) process for professional services is a qualifications-based process and is not a Iow- bid process. The first step is a solicitation for requests for qualifications (RFQs), then for RFPs. During the process, a selection committee meets to discuss the requirements, proposals are issued, and interviews are held. Based on a point system (with points earned at various stages in the process), the one with the most points wins. At that point, negotiations on price begin. Mr. LaRochelle noted that the City can combine a RFQ/RFP process into one in certain instances when using local funds because we are a charter city. State Transportation Impact Projects (STIP) using state or federal funds have their own regulations which must be followed. In response to a question from Committee Member Sullivan, Mr. Klimko responded that the City doesn't "shop for price" as there are a number of issues which arise. One of several downsides is that people stop submitting proposals and over time the group that does submit slowly increases their pricing. The City needs the flexibility to obtain the most qualified provider. Different types of contracts call for different types of procedures to follow, i.e., an annual contract for service, a contract for a specific project, or a contract for purchase of equipment. Equipment purchases have minimal standards identified and normally include "or equal" qualifications. Some bidders depend on the "or equal" clause to meet specifications. The City can reject those bids if it feels they do not meet specifications. Several representatives from agencies which have submitted bids in the past spoke. Mr. Matt Kouri, Refuse Power Systems, indicated he thinks the City's process is one of the best he's seen. Mr. Richard Neal, Central Valley Truck Center, indicated the specifications are generic and his experiences with the City have been good. Mr. Kurt Schoppe, Morbark, Inc., indicated he has seen lots of specifications, would like to see more RFQs in equipment, and indicated specifications can be discussed. Mr. Klimko indicated that lots of time when the City bids equipment the specifications are analyzed before the bid process. Sometimes a vendor brings up an error or makes suggestions and this can .be added as an addendum which can extend the bid date; everyone who has asked for the bid packet gets the addendum. Agenda Summary Rep¢ Legislative and Litigation Committee July 21,2003 Page 3 Mr. David Muncy, McClellan Equipment, indicated he was not happy with the City's process. He likes pre-bid meetings. Mr. Muncy indicated two days before a bid ended the City sent out an addendum due in three days. The City took his specifications sheet word for word. The City wrote him out of a specification where it single-sourced his water truck body. In this, someone could sell a "B" model for $10,000 less than his equipment. Mr. LaRochelle indicated the desirability of a pre-bid meeting was offset by the practical matter that not everyone can attend and that attendance could not be made mandatory. Fleet Superintendent Ernie Medina identified Fleet's and Public Works's responsibility to ensure bids were correct. He noted that there may be as many as 40 bids per year. Current practice is when bids go out, vendors call in if there are questions or suggestions and an assimilation of all the information is made by City staff. Then, if needed, addendums can be sent out. Committee Member Couch asked staff to look at a pre-bid meeting, with sending what comes out of it to everyone. Committee Chairperson Benham mentioned that the City often looks at what other similarly situated and sized cities do when reviewing our procedures. It might also be helpful to see how prevalent is the use of pre-bid meetings. This issue could be followed up an upcoming Legislative and Litigation Committee meeting. Mr. Klimko suggested that if a pre-bid meeting procedure is to be followed that a dollar amount should be established so that smaller bids not needing the procedure could be excluded. A comment was made by an attendee that at a pre-bid meetings, the bidders will try to dictate to you what you need. Some may add specifications not everyone can meet. Mr. Schoppe indicated pre-bid meetings generally clarify the scope of the project and he would love a mandatory meeting. He agreed that a pre-bid meeting on every project is excessive. Mr. LaRochelle clarified that a pre-bidding meeting gets everybody on the same bidding page. He indicated that in his experience, not a lot of people show up, and those that do show up do not always share how they want to attack a certain project because they are in competition with the others in attendance. Committee Chairperson Benham indicated she would be interested in what the Public Works Department would think the benefits to the City would be in having a non-mandatory pre-bid meeting but does not want to get into a situation where accommodation to others expends too much staff time. She encouraged Committee Members to feel free to ask staff for clarification on any questions they may have between now and the October 20th Legislative and Litigation Committee meeting where this issue will again be discussed. C. REVIEW, DISCUSSION AND COMMI'rI'EE RECOMMENDATIONS FOR APPOINTMENT OF LEAGUE VOTING DELEGATE AND ALTERNATE TO ANNUAL CONFERENCE Committee Chairperson Benham mentioned that this year's annual business meeting of the League was being held on Wednesday, September 10, at 10:00 a.m. and that a Council meeting was scheduled for that night. Committee Member Sullivan indicated that her schedule would not allow her to remain at the League meeting through that morning. Agenda Summary Repo~I Legislative and Litigation Committee July 21,2003 Page 4 Committee Members discussed various possibilities for Delegate and Alternate. As other Council members and the Mayor were not planning to attend the Annual Conference, the Committee felt staff should be appointed to represent the City. Administrative Analyst Trudy Slater indicated she had been in contact with League staff and had been told that there were two resolutions which were being submitted (which would be available to cities for review by around first week in August). After discussion regarding staff attendance, the Committee recommended Trudy Slater for Voting Delegate and Alan Christensen as Alternate. Committee recommendation to Council will be placed on the July 30 Council agenda as the League is requesting the designation of the Delegate and Alternate by August 8. In further action, the Committee will send League resolutions directly to Council after traditional department head review. The Committee schedule precludes another meeting prior to the League's annual business meeting. 6. COMMITTEE COMMENTS Committee Member Couch directed staff to forward copies of three articles to elected leaders and staff. Articles were: Western City "Local Democracy at Risk" and a League memorandum titled "Initiative Issues and Options" and "Budget Update" dated July 16. 7. ADJOURNMENT The meeting adjourned at 2:12 p.m. Staff Attendees: Assistant City Manager Alan Tandy, Administrative Analyst Trudy Slater, City Attorney Bart Thiltgen, Deputy City Attorney Alan Daniel; Assistant Public Works Director Jack LaRochelle, Fleet Superintendent Ernie Medina; Finance Director Greg Klimko, Purchasing Officer Darlene Wisham Other Attendees: Kurt Schoppe, Richard Neal, Matt Kouri, Jack Henslee, David Muncy (LO30721-MIN)