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HomeMy WebLinkAbout1997-10-28; City Council; Minutesf 7 0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 28,1997 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Kulchin, Nygaard, Mayor Pro Tem Finnila, Mayor Lewis APPROVAL OF MINUTES: None. PRESENTATION: Richard Mallory, Director of State Housing and Community Development, presented the Governor’s Redevelopment Housing Achievement Award for the Villa Loma Affordable Housing Project to the City Council. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Karlovy Vary Reception, to be held Wednesday, October 29, 1997 at 5:OO p.m., at the Carlsbad Village Faire Shopping Center, 300 Carlsbad Village Drive, Suite 104, Carlsbad. Rancho Carlsbad and Camino Hills Mobilehome Parks, City of Carlsbad staff presentation, to be held Wednesday, October 29, 1997 at 7:OO p.m., at the Rancho Carlsbad Mobilehome Park, 5500 El Camino Real, Carlsbad. Karlovy Vary Delegation Dinner Reception, to be held Thursday, October 30, 1997 at 7:OO p.m., at the home of Bill and Bonnie Dominguez, 4378 Adams Street, Carlsbad. CONSENT CALENDAR: On motion by Mayor Pro Tern Finnila, Council affirmed the action of the Consent Calendar, Items #1 through #5A, as follows: WAIVER OF OIRDmMCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 36 1. AB #14,398 - APPROVAL OF REOUEST TO DESTROY RECORDS. Council adopted RESOLUTION NO. 97-650, authorizing the destruction of certain files in the City Clerk’s Office. 29 97 45 55 45 26 93 45 113 57 CIctober 28, 1997 a CITY COUNCIL 0 Page 2 CONSENT CALENDAR (continued): 2. AB #14.399 - APPROVAL OF REALLOCATION OF POSITIONS WITHIN THE PLANNING DEPARTMENT. Council adopted RESOLUTION NO. 97-651, approving a budget amendment reallocating positions in the Planning Department. 3. AB #14,400 - APPROVAL OF CEQA COMPLIANCE, AMENDMENT NO. 1 TO AGREEMENT FOR DESIGN SERVICES, AND USE OF TRANSNET FUNDS FOR CANNON ROAD WEST PROJECT NO. 3 184. Council adopted RESOLUTION NO. 97-652, approving Environmental Compliance and a Mitigated Negative Declaration Amendment No. 1 to the agreement with O’Day Consultants, Inc., for the design of the improvement plans, project specifications, and cost estimates for Cannon Road West, and authorizing appropriation of TransNet Funds, Project No. 3 184. 4. AB #14,402 - APPROVAL OF LEASE AND SUBLEASE FOR THE PALOMAR TRANSFER STATION. Council adopted RESOLUTION NO. 97-653, approving the lease with the County of San Diego, and sublease with Coast Waste Management, Inc., for the Palomar Transfer Station. 5. AB #14,403 - APPROVAL OF RESOLUTION OF INTENTION TO REFUND BONDS FOR ALGA ROAD ASSESSMENT DISTRICT NO. 88-1 AND COLLEGE BOULEVARD ASSESSMENT DISTRICT NO. 85-2. Council adopted RESOLUTION NO. 97-655, making preliminary determinations, making appointments, and declaring intention to issue refunding bonds for Special Assessment Districts Nos. 85-2 and 88-1, and ordering a report thereon. 5A. AB #14,410 - AWARD OF CONTRACT NO. 34521 FOR THE REHABILITATION OF THE WASHINGTON STREET GRAVITY SEWER PIPELINE PROJECT NO. 97-103. Council adopted RESOLUTION NO. 97-656, awarding the contract for the rehabilitation of the Washington Street 10 and 12-inch gravity sewer pipeline, CMWD Project No. 97-103, Contract 34521, to Sancon Engineering 11, Inc. ORDINANCE FOR ADOPTION: 6. AB #14,401 - RANCHO CARRTLLO MASTER PLAN AMENDMENT - MP 139(F)/GPA 96-5. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- approximately 690 acres of land located south of Palomar Airport Road, north of Local Facilities Management Zone 6, west of the eastern city boundary, and east of the Bressi Ranch Property (Local Facilities Management Zone 17), in Local Facilities Management Zone 18. - 425, adopting the Rancho Carrillo Master Plan Amendment (MP 139(F)) on AYES: Lewis, Finnila, Nygaard, Kulchin, Hall dctober 28, 1997 ’ CITY COUNCIL 0 Page 3 On motion by Mayor Pro Tem Finnila, Council voted unanimously to take Item #9 out of order and consider it at this time. DEPARTMENTAL AND CITY MANAGER REPORTS: 68 9. AB #14,405 - CARLSBAD CONVENTION AND VISITOR’S BUREAU REPORT FOR THE PERIOD ENDING ON JULY 7,1997. Reports on recent activities were given by Nancy Nayuda and Steve Link. ACTION: On motion by Mayor Pro Tem Finnila, Council accepted the quarterly report from the Carlsbad Convention and Visitor’s Bureau for the period ending July 7, 1997. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall PUBLIC COMMENT: None CAFtLSBAD MUNICIPAL WATER DISTRICT MEETING: Council adjourned to the Carlsbad Municipal Water District Meeting at 6: 16 p.m., and reconvened at 6: 18 p.m., with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: .04 7. AB #14,404 - REPORT ON THE NORTH COAST TRANSPORTATION STUDY. Senior Planner George Franck of SANDAG gave of an overview of the project and its current status. Mr. Franck stated the public is encouraged to take part in the public input portion of this study and may contact the City’s Engineering Department or SANDAG for more information. ACTION: On motion by Mayor Pro Tem Finnila, Council accepted and filed the report. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 63 8. AB #14,386 - REJECTION OF BIDS AND AUTHORIZATION TO RE-ADVERTISE FOR 45 NEW BIDS FOR CONSTRUCTION OF THE CARLSBAD CITY LIBRARY, PROJECT NO. 32441. Municipal Projects Manager John Cahill gave the staff report noting staffs research to the issues which were continued from the last meeting as follows: 1. Taylor-Ball was not present at the meeting because they were in agreement with staffs recommendation and did not believe they needed tobe in attendance. 2. San Diego Chapter of the Associated General Contractors of America withdrew their letter of protest because they did not wish to be involved in any potential litigation between two contractors and the City of Carlsbad. 3. FTR International represented to the Council that an attempt had been made by another subcontractor to somehow influence Taylor-Ball into withdrawing their bid protest. Staff reviewed this memo and determined the information provided is inconclusive. This issue in no way involves city officials, city staff or authorized representatives of the City of Carlsbad. Cictober 28, 1997 CITY COUNCIL 0 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 63 8. AB #14,386 (continued) 45 4. Should Council award the bid to FTR International, the bid will remain unmodified by changes to the scope of work. Following execution of the agreement and issuance of the notice to proceed to the contractor, staff would proceed to scope the additional upgrades then negotiate the terms and conditions of the proposed changes with the prime contractor. Should Council reject the current bid and authorize new bids for this project, the proposed upgrades would be designed and incorporated into the new documents. They would be included within the new bids to be sought for the library project. Douglas Muirheid, Vice President and Division Manager of Taylor-Ball, 7777 Alvarado Road #501, La Mesa, stated they did not attend the October 21 meeting because it was their understanding the City agreed with the concerns that had been raised. Mr. Muirheid outlined the following concerns that Taylor-Ball raised in their letter regarding FTR’s bid: (1) not all of the subcontractors were listed; (2) the unit prices listed were much higher than their prices; (3) concern over certain contractor’s that were listed who may not be able to perform the work required by the contract; and (4) the prime contractor will procure some of the material and hire out for labor only. William Hall, Operations Manager of Taylor-Ball, 7777 Alvarado Road #501, La Mesa, provided the Council with an overview of the quotes given by FTR International and the quotes that Taylor-Ball submitted. John Hersey, representing Lopez Custom Tile and Marble, stated his company provided bids to all of the bidding general contractors on this project. Mr. Hersey stated that FTR used his bid amount of $550,000 but they did not list him as a subcontractor. Nizar Katbi, President of FTR International, 5 Park Plaza, Irvine, stated that his company submitted the lowest bid for the project and therefore should be awarded the bid. Mr. Katbi stated they listed all the subcontractors they would be using. Bradley Raisin, Attorney representing FTR International, 12304 Santa Monica Blvd., #215, Los Angeles, stated that the award of public contracts is governed by the competitive bidding laws which provides that bidding is to be done by blind auction; sealed bids are submitted and the government awards the bid to the lowest bidder. In this case, FTR International is the low bidder and therefore should be awarded the bid. Mr. Raisin reminded Council of their offer of indemnification which would take effect once the contract is awarded. Tony Hernandez, 3820 Polly Lane, Carlsbad, spoke in opposition to staffs recommendation and urged the Council to award the contract to the lowest bidder. John Bell, 5296 Los Robles Drive, Carlsbad, stated he was familiar with FTR’s quality of work and urged Council to award the bid to FTR International. October 28, 1997 CITY COUNCIL 0 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS (continued): 63 8. AI3 #14,386 (continued) 45 Richard Dimond, 5 19 Chinquapin Avenue, Carlsbad, stated that any delays will only increase the cost of the project. Mi-. Dimond stated the City needs to award the low bid and not delay the project any longer. ACTION: Following discussion, Mayor Lewis made a motion, seconded by Mayor Pro Tem Finnila, to accept the bid and award the contract to FTR International for the construction of the Carlsbad City Library. Motion failed due to the lack of a majority. AYES: Lewis, Finnila NOES: Nygaard, Kulchin, Hall ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 97-637, rejecting all bids received on September 4, 1997 for the Carlsbad City Library Project No. 32441; and Adopted RESOLUTION NO. 97-638, approving the plans and specifications, authorizing the advertisement of bids, and approving Amendment No. 4 to an existing agreement with the City’s project design team of Cardwell-McGraw, Architects for the construction of the Carlsbad City Library Project No. 32441. AYES: Nygaard, Kulchin, Hall NOES: Lewis, Finnila RECESS: Mayor Lewis declared a recess at 8:06 p.m., and Council reconvened at 8:13 p.m., with all Council Members present. CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Council adjourned to the Carlsbad Municipal Water District Meeting at 8: 13 p.m., and reconvened at 859 p.m., with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 68 9. AB #14,405 - CARLSBAD CONVENTION AND VISITOR’S BUREAU REPORT FOR THE PERIOD ENDING ON JULY 7,1997. This item was taken out of order -- see page 3 of the minutes for action taken. October 28, 1997 a CITY COUNCIL 0 Page 6 DEPARTMENTAL AND CITY MANAGER =PORTS: (continued) 20 10. AB #14,406 - AMENDMENT OF REGULATIONS FOR PUBLIC NUISANCE ABATEMENT ON PRIVATE PROPERTY. ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-426, amending Title 6, Chapter 6.16 of the Carlsbad Municipal Code to clarify the regulation of public nuisance abatement on private property. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 55 11. AB #14,407 - REPORT ON SOLID WASTE MANAGEMENT ISSUES. ACTION: On motion by Mayor Pro Tern Finnila, Council accepted the report. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 55 12. AB #14,408 - REVISIONS TO THE CARLSBAD MUNICIPAL CODE REGARDING SOLID WASTE. ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-427, repealing Title 6, Chapters 6.08 and 6.09 and re-enacting Chapter 6.08 of the Carlsbad Municipal Code relating to Solid Waste. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 55 13. AB #14,409 - APPROVAL OF AGREEMENT FOR SOLID WASTE SERVICES. 45 ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 97- 656, approving the Solid Waste Services Agreement with Coast Waste Management, Inc. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall COUNCIL REPORTS AND COMMENTS: Council Members reported on the activities and meetings of some committees and sub-committees of which they are members. 9 October 28, 1997 * CITY COUNCIL 0 Page 7 CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT. By proper motion, the Regular Meeting of October 28, 1997, was adjourned at 9:30 p.m. Respectfully submitted, Ql2Ltfi k- ' 0 )\- ALETHA L. RAUTENKRANZ \ City Clerk Sherrie D. Worrell Deputy City Clerk