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Home My WebLink About03/20/13 CC MINUTES1638 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 20, 2013 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m, and 5:15 p,m, REGULAR MEETING - 3:30 p.m, 1. ROLL CALL Present: Vice -Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Johnson Absent: Mayor Hall, Sullivan City Clerk Gafford announced that at the request of staff, Closed Session Item a,l „ Existing Item of Litigation in the matter of City vs, MVB Holdings, was being pulled from the Agenda, 2. PUBLIC STATEMENTS None. 3. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(1) for the following: ACTION TAKEN 1. City v. MVB Holdings, LLC, et al„ Tulare REMOVED BY STAFF County Superior Court Case No. VCU 12- 247560. 2. Ronnie Moats, et al, v, City, et al., Kern County Superior Court Case No, S- 1500 -CV- 275150 SPC 3. Joe R. Slaughter, et al, v. City, et al„ Kern County Superior Court Case No. S- 1500 -CV- 271472 LHB b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to Government Code Section 549569 (d)(4) 1639 Bakersfield, California, March 20, 2013 - Page 2 3. CLOSED SESSION continued ACTION TAKEN Motion by Councilmember Hanson to adjourn to APPROVED Closed Session at 3:33 p.m. Motion by Councilmember Hanson to adjourn from APPROVED Closed Session at 5:09 p.m. 4. CLOSED SESSION ACTION a, Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(1) for the following; 5. 1. City v. MVB Holdings, LLC, et al., Tulare REMOVED BY STAFF County Superior Court Case No, VCU 12- 247560, 2. Ronnie Moats, et al, v, City, et al„ Kern CITY ATTORNEY WAS County Superior Court Case No, S -1500- GIVEN DIRECTION CV- 275150 SPC 3. Joe R. Slaughter, et al, v. City, et al„ Kern CITY ATTORNEY WAS County Superior Court Case No, S -1500- GIVEN DIRECTION CV- 271472 LHB b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(4) CITY ATTORNEY GENNARO ANNOUNCED COUNCIL APPROVED THE TERMS OF THE MOST RECENT CORRESPONDENCE FROM THE CITY ATTORNEY TO THE COUNTY WITH REGARD TO THE FIRE JPA ADJOURNMENT Vice -Mayor Weir adjourned the meeting&t 5:17j0m.,, ATT CITY CLERK and Ex the Council of the ,lo Clerk of of Bakersfield Bakersfield, California, March 20, 2013 - Page 3 REGULAR MEETING - 5:18 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Maxwell, Smith, Hanson, Sullivan, Johnson Absent: None, City Clerk Gafford announced that at the request of staff, Consent Calendar Item 8.w., regarding State Route 184 at Bedford Drive, has been pulled from the Agenda. 2. INVOCATION by Pastor James Scarborough, Bakersfield Hillcrest Seventh Day Adventist Church, 3. PLEDGE OF ALLEGIANCE by Natalia Booker, 4th grade student at Fremont Elementary School, Mayor Hall 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 a Proclamation to Darrelyn Kundinger, President of Bakersfield Women's Club, declaring March, 2013 Youth Art Month. Ms. Kundinger accepted the Proclamation, made comments and extended an invitation to their Student Art Exhibit on March 26, 2013 at the Women's Club located at 2030 18TH Street. b. Presentation by Mayor Hall of a Proclamation to Renee Stancil, representing the Boys and Girls Club of Kern County, declaring April 7 -13, 2013 National Boys & Girls Club Week, Mayor Hall announced that the Boys & Girls Club, in collaboration with PG &E, will be offering a "Summer Jobs" program on Wednesday, March 27TH, for the youth of our community. Ms. Stancil accepted the Proclamation, made comments, and submitted written material, ACTION TAKEN 1640 1641 Bakersfield, California, March 20, 2013 - Page 4 5. PUBLIC STATEMENTS ACTION TAKEN a. Dustin Reilich, with HERO Financing, spoke support of the California Enterprise Development Authority Property Assessed Clean Energy program and asked Council to look into the HERO Financing program as another Property Assessed Clean Energy (PACE) financing option, Councilmember Johnson asked staff to look into offering the HERO financing Program as another option for our citizens. b, Mark DeVries, with One Hour Heating and Air Conditioning, spoke in support of the HERO Financing Program. C. Ursus Luxton, spoke in support regarding the need for the City to provide Its citizens with a basic summary outlining the services offered by Code Enforcement. d. Belinda Mattly, spoke regarding an Issue In her neighborhood with squatters breaking Into vacant homes and holding large parties; and she feels that the Police Department did not protect or serve them, so she contacted her Councilmember, Councilmember Johnson explained that Ms. Mattly's issue is part of a larger problem that is occurring as a result of AB 109 and prison realignment which is creating more crimes in our communities; this matter will be discussed at the April 5th Safe Neighborhoods Committee meeting; and the Police Department has assured him that Ms. Mattly's neighborhood will receive special attention in response to calls. e, Brennan Ott spoke regarding an Internet gaming casino that is located next to his business and in other areas of Bakersfield as well; explained that this type of business attracts unsavory people who cause a public safety concern as well as create an Issue of trash and vandalism; and he requested that these businesses be investigated, Bakersfield, California, March 20, 2013 — Page 5 5. PUBLIC STATEMENTS continued Item 5.e. continued Councilmember Johnson explained to Mr. Oft that the issue he spoke about was referred to staff and that BPD is closely working on it; he also asked that this issue be referred to the Safe Neighborhoods Committee to discuss and determine if H is linked to any of the organized crime and gang activity in the area. Councilmember Maxwell stated he brought up a similar issue taking place in the shopping center located on Oak Street near Pizzaville, at the last Council meeting; he asked to have the City Attorney send a letter to the property owners pointing out the way they can break a lease is if there is illegal activity occurring there. f. Steve Tadlock, with SMG, spoke in protest of an agreement with AEG for management of civic facilities; explained concerns as outlined in the protest letters submitted and questioned why SMG was not given the opportunity to enter Into a 10 year contract, and requested further review of the submittals before the contract is awarded, g. Cindy Parra, Planning and Policy Director at Bike Bakersfield, thanked the City of Bakersfield for adopting new bicycle parking standards; thanked the City for the resolution to pursue the Safe Routes to School Grant; and applauded the City's efforts to encourage bicycling as an alternative transportation by installing better Infrastructure and promoting bicycle education In schools. h. Tim Palmquist, spoke in support of a Human Life Ordinance; and submitted written material on behalf of Marvin Dean regarding various agenda items, Councilmember Sullivan asked that Mr. Palmquist's suggestion be referred to the Legislative and Litigation committee to address the issue, discuss the points and determine if the City would be protected. ACTION TAKEN 1642 1643 Bakersfield, California, March 20, 2013 - Page 6 5. PUBLIC STATEMENTS continued ACTION TAKEN The following individuals spoke in support of an ordinance regarding safe and affordable access of medical cannabis for qualified patients; Phil Ganong, and Dr. Jeffrey C. Raber, on behalf of The Werc Shop, Inc (provided an overhead presentation and submitted written material), The following individuals spoke regarding homelessness and provided an update from the Home First 12 Project; Jim Wheeler, Chairman of the Kern County Homeless Collaborative Steering Committee, and Kim Albers. 6. WORKSHOPS None, 7. APPOINTMENTS a. One appointment to the Historic Preservation Commission, due to the expiration of term of Scott Fieber, whose term expires March 30, 2013. City Clerk Gafford announced that applications were received from Scott Fieber and Mark Bateman, Ward 2 Fieber Ward 3 Fieber Ward 4 Fieber Ward 5 Fieber Ward 6 Fieber Ward 7 Bateman Motion by Vice -Mayor Weir to reappoint Scoff Fibber to a 3 -year term on the Historic Preservation Committee, which term will expire March, 2016. 1 Bakersfield, California, March 20, 2013 - Page 7 8. CONSENT CALENDAR Minutes: a, Approval of minutes of the March 6, 2013 Regular City Council Meetings, Payments: b. Receive and file department payments from February 21, 2013 to March 7, 2013 in the amount of $27,985,398.56 and self- Insurance payments from February 21, 2013 to March 7, 2013 in the amount of $387,835.16 totaling $28,373,233.72. Ordinances: C. First Reading of Ordinance amending the text of various sections of Chapter 17,60 of the Municipal Code relating to signs, d. Adoption of Ordinance adopting a Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from C -O (Professional and Administrative Office) to C- 1(Nelghborhood Commercial) on 48,780 square feet located 150 feet south of the southwest corner of Oswell and Bernard Streets (ZC # 12 -0264, Scott Underhill, representing Bruce and Melanie Lynn, the property owners). (FR 02113113) e, Adoption of Ordinance adopting a Negative Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -1 (One Family Dwelling) to R -2 /PUD (Limited Multiple Famlly /Planned Unit Development) on approximately one acre located along the west side of South Union Avenue, approximately 400 feet north of Panama Lane (ZC # 12 -0286, Advanced Geomatics Engineering, representing Rajvir Singh GIII et al, the property owners), (FR 02113113) ACTION TAKEN REFERRED TO LEGISLATIVE AND LITIGATION COMMITTEE ORD 4720 ORD 4721 1644 1645 8. Bakersfield, California, March 20, 2013 - Page 8 CONSENT CALENDAR continued ACTION TAKEN f. Adoption of Ordinance adopting a Negative ORD 4722 Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -1 (One Family Dwelling) to R -2 (Limited Multiple Family Dwelling) on 56,19 acres located south of Panama Lane, approximately 700 feet west of Stine Road on the west side of Farmers Canal (ZC # 12 -0349, McIntosh & Associates, representing Black Ops Real Estate, LLC, the property owners), (FR 02113113) g. Adoption of Ordinance adopting a Negative ORD 4723 Declaration and amending the Official ABS SMITH Zoning Map In Title 17 of the Municipal Code by changing the zone district from E (Estate) on 12.45 acres and R -1 -CH (One Family Dwelling with Church Overlay) on 7,96 acres to R -2 (Limited Multiple Family Dwelling), located on the north side of Rosedale Highway, 660 feet west of Alien Road (ZC # 12 -0372, McIntosh & Associates, representing Black Ops Real Estate, LLC, the property owners), (FR 02113113) h. Adoption of Ordinance adopting a Negative ORD 4724 Declaration and amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from A (Agriculture) to E (Estate) on 27.56 acres at the southeast corner of Snow Road and Quail Creek Road. (ZC # 12 -0373, McIntosh & Associates, representing Buckey Family L,P„ the property owners). (FR 02113113) Resolutions: California Enterprise Development Authority REMOVED FOR Property Assessed Clean Energy Program SEPARATE (CEDA): CONSIDERATION Resolution approving associate membership by the City in the CEDA Program and authorizing and directing the execution of an associate membership agreement with CEDA, 1646 Bakersfield, California, March 20, 2013 — Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Item 8.1. continued 2. Associate Membership Agreement with CEDA. 3. Resolution consenting to inclusion of properties within the Incorporated area of the City in the Kern County Property Assessed Clean Energy Program to finance distributed generation renewable energy sources and energy and water and water efficiency Improvements, approving the report setting forth the parameters of the referenced program and certain matters In connection therewith and authorizing and directing the execution of a participation agreement with CEDA. 4. Participation Agreement in CEDA PACE Program, J. Resolution authorizing the Community RES 030 -13 Development Director to submit a grant application to the California Department of Transportation for the preparation of a Safe Routes to School Plan. k, Resolution determining that replacement parts RES 031-13 for Deutz Cogeneratlon engine at Wastewater Treatment Plant No. 2 cannot be reasonably obtained through normal bidding procedures and authorizing the Finance Director to dispense with bidding therefor and purchase parts from Power Management, Inc., not to exceed $85,000, Disposal of Real Property: 1. Resolution declaring real property RES 032 -13 located at 9110 Bridget Leigh Way surplus to the needs of the City. 2, Agreement with Smith Elfada ($10,100) to AGR 13 -031 purchase said property, DEED 7614 1647 L-3 Bakersfield, California, March 20, 2013 — Page 10 CONSENT CALENDAR continued ACTION TAKEN M. Resolutions adding the following territories to the Consolidated Maintenance District and approving, confirming and adopting the Public Works Director's Reports and authorizing collection of the assessments by the Kern County Tax Collector. 1. Area 4 -112 (101 S, Union Avenue) RES033 -13 2. Area 4 -113 (501 & 503 E. 21 st Street) RES 034 -13 Agreements: n, Final Map and Improvement Agreement with AGR 13 -032 Summit Capital Ventures, Inc„ (owner) and ABS SMITH John Balfanz Homes, Inc., authorized to do business in California, (developer) for Tract 6364 Phase 4 located west of Allen Road and north of Reina Road. o. Final Map and Improvement Agreement with AGR 13 -033 Castle and Cooke California, Inc„ for Tract 6448 Unit 6 located south of Stockdale Highway and west of Renfro Road, P. Amendment No, 9 to Agreement No, 92 -154 - AGR 92- 154(9) City Manager's Contract. q. Amendment No, 5 to Agreement No, 10 -063 AGR 10- 063(5) with Pavement Recycling Systems, Inc. ($400,000; revised not to exceed $1,342,000 and extending term one year) to the annual contract for Cold Planing, r, Amendment No, 3 to Agreement No, 11 -127 AGR 11- 127(3) with Thyssenkrupp Elevator Corporation ($50,000; revised not to exceed $160,000 and extending term one year) for elevator maintenance. S. Amendment No. 1 to Agreement No. 12 -042 AGR 12- 042(1) with Stinson Stationers, Inc. ($300,000; revised not to exceed $560,000 and extending term one year), for office supplies, t, Amendment No. 1 to Agreement No, 12 -061 REMOVED FOR with Bowman Asphalt, Inc. ($1,000,000; revised SEPARATE not to exceed $2,000,000 and extending term CONSIDERATION one year), for asphalt rejuvenator /sealant. Bakersfield, California, March 20, 2013 - Page 11 8. CONSENT CALENDAR continued U. Amendment No, 1 to Agreement No. F 12 -004 with Kern Security Systems, Inc. ($65,000; revised not to exceed $105,000 and extend agreement until June 2014), for the security guard services provided at 18th & Eye Street Parking Garage. V. Amendment No. 1 to Agreements No, 12 -088 and 12 -089 with Pacific Gas and Electric Company (respectively, $5,176.06 increase; revised not to exceed $165,404, and $6,659 decrease; revised not to exceed $30,937) for modifying loan documents based on final certification for lighting retrofit project at Rabobank Arena and Convention Center. W. State Route 184 at Bedford Green Drive: Contract Change Order No, 6 to Agreement No, 12 -064 with Granite Construction Company ($30,870,08; revised not to exceed $901,289.89), for the construction of the project. 2. Amendment No. 1 to Cooperative Agreement No. 11 -151 with the State of California Department of Transportation (construction costs funded by State: $10,900; revised not to exceed $953,900) to provide additional funding for Contract Change Order for the project. 3. Appropriate $10,900 State share of project cost to the Public Works Department's Capital Improvement budget within the Gas Tax Fund. X Westside Parkway Phase 2 (TRIP): 1, Contract Change Order Nos, 78 and 111 to Agreement No. 09 -076 with Security Paving Company, Inc. ($3,297,169,90; revised not to exceed $93,166,519.39; change orders funded with transportation Development Fees), for the construction of the project. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION AGR 12- 088(1) AGR 12- 089(1) REMOVED 8Y STAFF REMOVED FOR SEPARATE CONSIDERATION 1648 1549 Bakersfield, California, March 20, 2013 — Page 12 8. CONSENT CALENDAR continued ACTION TAKEN Item 8x. continued 2. Appropriate and transfer $3,200,000 Transportation Development Fund balance to the Public Work's Capital Improvement budget within the TRIP Local Match fund for the above project. Bids: Y, Accept base bid plus Additive Alternate No. 1 AGR 13 -035 and approve contract with Griffith Company ($854,673), for street improvements on Masterson Street from SR 178 to Panorama Drive, Z. Accept bid and approve contract with AGR 13 -036 Precision Fertilizer Spreading (not to exceed $124,250) for the annual provision - hauling and spreading biosolids, aa. Sale of Surplus Glock 22 pistols and Remington 870 Shotguns; 1. Award bid from Proforce Law Enforcement ($17,769,75) for the purchase of thirty Glock 22 pistols and ten Glock 27 pistols. 2. Appropriate $33,768 revenue from the sale of surplus of eighty- two Glock 22 1 st generation pistols and sixty -three Remington 870 shotguns to the Police Department operating budget within the General Fund. Miscellaneous: bb. Acceptance of Audit Reports for Fiscal Year ended June 30, 2012 (Budget & Finance Committee): Comprehensive Annual Financial Report (CAFR), 2. Agreed Upon Conditions Report, 3, Single Audit Report - Schedule of Federal Expenditures for the City, Bakersfield, California, March 20, 2013 — Page 13 8. CONSENT CALENDAR continued Item 8,bb. continued 4. Independent Auditor's Report - Compliance with Contractual Requirements relative to the Bakersfield Subreglonal Wastewater Management Plan, 5. Independent Auditor's Report on Appropriations Limit Worksheet (GANN Limit) of the City. 6. Independent Auditor's Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Bright House Networks Amphitheatre. cc. Slemon Park Splash Pad Project Funding: 1. Appropriate and transfer # 131,500 in Transient Occupancy Taxes Fund balance to the Parks Department Capital Improvement budget within the Capital Outlay Fund to fund the balance of the project. 2. Appropriate $175,000 In Park Development Fund balance (Central Zone 2) to the Parks Department Capital Improvement budget within the Park Development Fund for the project. 3. Appropriate $34,000 In Park Acquisition Fund balance (Central Zone 2) to the Parks Department Capital Improvement budget within the Park Development Fund for the project, dd. Mid -Year Appropriations for Various Divisions within the Public Works Department: 1. Appropriate $900,000 Sewer Enterprise Fund balance (Wastewater Treatment Plants No. 2 and No. 3) to the Public Works Department's Operating budget to fund additional electrical, repair and maintenance costs caused by co -gen failure at both plants, ACTION TAKEN 1650 1651 Bakersfield, California, March 20, 2013 — Page 14 8. CONSENT CALENDAR continued ACTION TAKEN Item 8,dd. continued 2. Appropriate $115,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No, 3) to the Public Works Department's Operating budget to fund replacement of catch basin lids due to theft. 3. Appropriate $35,000 Gas Tax Fund balance to the Public Works Department's operating budget to fund replacement of copper wire for streetlights due to theft. 4. Appropriate and transfer $50,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No, 3) to the Public Works Department's Operating budget within the Equipment Management Fund to retrofit two existing trailers for biosolids spreading to comply with a General Order Issued by the State Regional Water Quality Control Board, Successor Agency Business: ee, Receive and file successor agency payments from February 21, 2013 to March 7, 2013 in the amount of $38,489.18. City Clerk Gafford reiterated that staff submitted a memorandum requesting that Item 8,w, be removed from the agenda, Councilmember Johnson requested that item 8.1. be removed for separate consideration. Councilmember Smith announced he would abstain, due to conflict of interest, interest in real property nearby, on items 8.g. and 8.n. Councilmember Maxwell requested that Items 81, 8.u., and 8.x. be removed for separate consideration. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8.ee. with the removal of items 81, 8. t., 8. u., and 8.x for separate consideration, and the deletion of item 8. w. 1652 Bakersfield, California, March 20, 2013 — Page 15 8. CONSENT CALENDAR continued i. California Enterprise Development Authority Property Assessed Clean Energy Program (CEDA): 1. Resolution approving associate membership by the City in the CEDA Program and authorizing and directing the execution of an associate membership agreement with CEDA. 2. Associate Membership Agreement with CEDA. 3. Resolution consenting to inclusion of properties within the Incorporated area of the City in the Kern County Property Assessed Clean Energy Program to finance distributed generation renewable energy sources and energy and water and water efficiency Improvements, approving the report setting forth the parameters of the referenced program and certain matters In connection therewith and authorizing and directing the execution of a participation agreement with CEDA. 4. Participation Agreement in CEDA PACE Program. ACTION TAKEN Motion by Councilmember Johnson to continue APPROVED Consent Calendar item 8.i. to the next meeting, and asked staff to review how the State Treasurer is handling these programs. Amendment No. 1 to Agreement No. 12 -061 AGR 12- 061(1) with Bowman Asphalt, Inc, ($1,000,000; revised not to exceed $2,000,000 and extending term one year), for asphalt rejuvenator /sealant. Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar item 8.t. . 165: Bakersfield, California, March 20, 2013 - Page 16 8. CONSENT CALENDAR continued ACTION TAKEN U. Amendment No. 1 to Agreement No, F12 -004 AGR 13 -034 with Kern Security Systems, Inc, ($65,000; revised not to exceed $105,000 and extend agreement until June 2014), for the security guard services provided at 18th & Eye Street Parking Garage. Motion by Councilmember Maxwell to adopt Consent Calendar item 8. u. Councilmember Johnson suggested, as a friendly amendment, that at the end of the term we request it go out for RFP. Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar item 8.u., with the friendly amendment from Councilmember Johnson regarding the RFP process at the and of the contract term. X. Westside Parkway Phase 2 (TRIP); 1, Contract Change Order Nos, 78 and 111 AGR 09 -076 to Agreement No. 09 -076 with Security CCO78, CCOI l l Paving Company, Inc. ($3,297,169.90; revised not to exceed $93,166,519.39; change orders funded with transportation Development Fees), for the construction of the project. 2. Appropriate and transfer $3,200,000 Transportation Development Fund balance to the Public Work's Capital Improvement budget within the TRIP Local Match fund for the above project Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar item 8.x. 9. CONSENT CALENDAR PUBLIC HEARINGS None. 10. HEARINGS None, City Clerk Gafford announced that staff has requested New Business Item 13.a. be moved forward on the agenda, 1654 Bakersfield, California, March 20, 2013 - Page 17 13. NEW BUSINESS ACTION TAKEN a, Facilities Management Agreement with AEG AGR 13 -038 Management Bakersfield, LLC, for services for Rabobank Arena, Theater and Convention Center; Bright House Networks Amphitheater; and San Joaquin Community Hospital Ice Sports Center. City Manager Tandy made staff comments and gave special recognition to Rhonda Smiley and Andrew Heglund for their help with the project, City Clerk Gafford announced for the record, that staff submitted a memorandum transmitting additional backup material on this item: two bid protest letters from SMG, accompanied by staff's response to those letters; and a corrected page 7 to the AEG Management Agreement, Finance Director Smith made additional staff comments. Chris Wright, Regional Vice President of AEG Management, made comments and provided a video presentation showing the scope of services, activities and entertainment that AEG Management represents. City Manager Tandy made additional staff comments and recommended approval of the agreement. Mayor Hall recessed the meeting at 6:58 p.m, and reconvened the meeting at 7:06 p.m. Motion by Vice -Mayor Weir to approve New Business Item 13. a. At the request of Councilmember Hanson, Steve Tadiock, with SMG, made comments and requested further review and analysis before awarding the contract for management of City facilities, Motion by Vice -Mayor Weir to approve New Business APPROVED item 13.a. 165: 12. 13. Bakersfield, California, March 20, 2013 - Page 18 REPORTS a. Exclusive Negotiation Agreement with Golden Empire Affordable Housing, Inc. Ii, for the development of 56 units of affordable veterans and senior housing units located at 424 20th Street. Councilmember Johnson announced he would abstain due to conflict of interest, perception of a conflict, on item 11.a., and he left the Council Chamber. Councilmember Sullivan left the meeting at this time. Community Development Director Doug Mclsaac made staff comments and recommended approval of the agreement. Motion by Councilmember Maxwell to approve Reports item 11. a. DEFFERED BUSINESS None. NEW BUSINESS a. Facilities Management Agreement with AEG Management Bakersfield, LLC, for services for Rabobank Arena, Theater and Convention Center; Bright House Networks Amphitheater; and San Joaquin Community Hospital Ice Sports Center. 14. COUNCIL AND MAYOR STATEMENTS Councilmember Johnson returned to the meeting at this time. Councilmember Johnson requested that staff provide a list of letters of support regarding the City's submittal for various grant requests, so he can acknowledge them publicly. Councilmember Smith thanked staff for their help on the creation of new bicycle standards and bike lane resurfacing projects; specifically recognizing Jim Eggert, Nick Fidler and Ryan Starbuck. ACTION TAKEN AGR 13 -037 APPROVED ABS JOHNSON AB SULLIVAN MOVED FORWARD ON AGENDA (SEE PAGE 17) 1656 Bakersfield, California, March 20, 2013 - Page 19 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell thanked City Attorney Gennaro and the Police department for handling the concerns of Nora Weber over Marijuana Shops In her neighborhood. Councilmember Maxwell asked that the issue of window signage be referred to the Legislative and Litigation Committee to look into what the ordinances are and if there needs to be a change. Councilmember Maxwell asked that the right to life ordinance be referred to the Legislative and Litigation Committee for review and to come back to the City Council. Mayor Hall recognized City Manager Tandy, Assistant to the City Manager Smiley, City Attorney Gennaro and all the staff who worked on the facilities management agreement and RFP process, Mayor Hall announced that there has been good progress on the developing of contracts with the Bakersfield Homeless Center and Caltrans, in regards to new litter pick up areas; he expressed his belief that these agreements will allow more opportunities to pick up litter on our local freeways; he stated that Kern Council of Governments will be holding a meeting open for public input tomorrow night, and that he will be in attendance to offer his support of their commitment to continue funding this program; and he recognized Sal Moretti from the Public Works Department, for his role in facilitating the City's interest in this project. 15. ADJOURNMENT Mayor Hall adjourned the meeting at MAYOR of the City of Bakersfield, ATTEST: ,,-4 �� tj CITY CLERK and Ex OfOib Clerk of the Council of the City of Bakersfield 1657 Bakersfield, California, March 20, 2013 — Page 20 * ** *THIS PAGE INTENTIONALLY LEFT BLANK * * **