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.
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97
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55
45
26
93
45
113
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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