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Home My WebLink About1997-12-16; City Council; Minutes (3)e a MINUTES MEETING OF : HOUSING AND REDEVELOPMENT COMMISSION and DATE OF MEETING: December 16,1997 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CITY COUNCIL JOINT SPECIAL MEETING CALL TO ORDER: ChairmadMayor Lewis called the Meeting to order at 7:32 p.m. ROLL CALL: Present: Commissioners Hall, Kulchin, Nygaard, Finnila, Lewis RECESS: ChairmadMayor Lewis declared a recess at 7:32 p.m., and CommissiodCouncil reconvened at 7:40 p.m., with all Commissioners/Council Members present. APPROVAL OF MINUTES: On motion by Commissioner Finnila, the Minutes of the following meetings were unanimously approved as presented: Minutes of the Regular Meeting held November 18, 1997. Minutes of the Joint Special Meeting held December 2, 1997. CONSENT CALENDAR: None. WAIVER OF ORDINANCE TEXT READING: The CommissiodCouncil waived the reading of the text of all ordinances and resolutions at this meeting. ORDINANCE FOR INTRODUCTION: 114 19. AB #14,494 - DRIVE-THRU RESTAURANT PROHIBITION - ZCA 97-02/LCPA 97-01/ ZCA 97-03/LCPA 97-07. ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-439, amending Title 21 of the Carlsbad Municipal Code to define and prohibit in all zones, drive-thru restaurants. AYES: Lewis, Nygaard, Kulchin NOES: Finnila, Hall 0 0 December 16, 1997 HOUSING & REDEVELOPMENT COMMISSION and CITY COUNCIL Page 2 ORDINANCE FOR INTRODUCTION (continued): 19. AB #14,494 (continued) ACTION: On motion by Council Member Kulchin, Council adopted RESOLUTION NO. -9 97-725 approving an amendment to the Carlsbad Local Coastal Program to establish a prohibition on drive-thru restaurants in the City’s Coastal Zone outside the Village Redevelopment Area and LCP Segment. AYES: Lewis, Nygaard, Kulchin NOES: Finnila, Hall ACTION: On motion by Commissioner Kulchin, the Commission adopted BESOLUTION NO. 291, approving an amendment to the Carlsbad Local Coastal Program establishing a prohibition on drive-thru restaurants in the Village Redevelopment Area and LCP Segment of the City’s Coastal Zone, Case No. LCPA 97-07. AYES: Lewis, Nygaard, Kulchin NOES: Finnila, Hall ADJOURNMENT. By proper motion, the Joint Special Meeting of December 16, 1997, was adjourned at 7:42 p.m. City Clerk Sherrie D. Worrell Deputy City Clerk ’ December 16,1997 0 CITY COUNCIL e Page 5 ANNOUNCEMENTS (continuedl: Hillman Properties Holiday Event, Thursday, December 18, 6997, 7:OO p.m., at Four Seasons Resort Aviara - Argyle Restaurant, 7447 Batiquitos Drive, Carlsbad. CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Council adjourned to the Carlsbad Municipal Water District Meeting at 6:3 1 p.m. HOUSING AND REDEVELOPMENT COMMISSION, MUNICIPAL WATER DISTRICT, AND CITY COUNCIL JOINT MEETING: Mayor Lewis convened a Joint Meeting of the Housing and Redevelopment Commission, Municipal Water District and City Council at 6:34 p.m. HOUSING AND REDEVELOPMENT COMMISSION and CITY COUNCIL JOINT MEETING: Mayor Lewis convened the Housing and Redevelopment Commission and City Council Joint Meeting at 7:40 p.m., and Council ,reconvened at 7:42 p.m., with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 63 20. AB #14,495 - APPROVAL OF CONTRACT FOR CARLSBAD CITY LIBRARY PROJECT. 45 Municipal Projects Manager John Cahill gave the staff report noting two bid protests had been received; one from Tony Wanket Construction and the other from FTR International. Mr. Cahill stated that it was important to note that the re-bid of the project came in 1.4 million dollars under the final design estimate of the project. Tony Wanket Construction noted the reasons for their protest was that Taylor-Ball did not provide notary acknowledgments for each individual form signed; designation of DBEs were not provided; the cumulative percentage of subcontractor participation was not provided; changes were made to the subcontractor information on the forms prior to bid submittal; several of the subcontractors listed on the bid did not have license expiration information; and finally a financial statement for Taylor-Ball was not submitted with the bid. FTR International also filed a bid protest letter noting the following reasons: the city prevented FTR and other bidders from immediately examining all bids after opening; Taylor-Ball indicated they intended to use a retaining wall product that was not “specified” in the bid documents; no subcontractor was listed for the concrete work; no subcontractor was listed for the granite; and that the listing of a “general elevator” company does not exist. A second bid protest was received from Tony Wanket Construction making the same allegations as FTR regarding the crib wall and “general elevator” listing. Mr. Cahill stated that an issues analysis was prepared by staff outlining the bid protest issues and staff’s analysis of the items. Staff determined that those issues raised by both companies were minor irregularities or clerical errors which do not alter the basic terms and corditions of the bid proposal. The terms of the bid proposal are clear and unambiguous. Staff believes that there is no uncertainty to the details of the bid, the identification of the subcontractors, their percentage of work to be performed, and the fact that both the prime contractor and subcontractors on this project are experienced firms with appropriate state laws that are current and in good standing. ’ Dicember 16,1997 0 CITY COUNCIL 0 Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS (continuedk 20. AB #14,495 (continued) Ken Baldwin, representing McGraw Baldwin Architects, 701 B Street, San Diego gave a history of the site, a description of the reasons for the need of the retaining wall on the site, and a description of what the plans and specifications say as well as what is required of the contractor. Mr. Baldwin stated the specifications section for the crib wall is not a manufacturers-specific specification, it is known as a performance specification. It is the contractor’s responsibility to ensure that what is submitted meets those performance specifications. Tony Wanket, 444 Union Street, Encinitas, stated he is protesting the award of the contract to Taylor-Ball because their bid contained a non-specified, recently rejected retaining wall system. Mr. Wanket also stated he was protesting the bid since the listed subcontractor does not install the required type of retaining wall as stated in the bid package and a subcontractor cannot be changed once that company has been listed and the bid has been awarded. Another concern is that the footage called for in the drawings is not reflected in the proposed bid. Mr. Wanket requested the City Council reject the bid as it does not meet the pre-construction requirements. Lynn Wanket, 444 Union Street, Encinitas, stated that it would be unfair sf the City to award the bid to Taylor-Ball since they had an unfair advantage by bidding an alternate type of retaining wall and the fact that the square footage of the wall is not the same as required in the specifications. Doug Muirheid, Vice-president of Taylor-Ball, 3101 Chelsea Park Circle, Spring Valley, stated that the retaining wall .as bid can be completed per the terms of the contract. The bid package contains performance standards, there are no specific requirements stipulated in the contract outlining that a certain manufacturer had to be used. Mr. Muirheid stated they are confidant they can perform the work as required in the contract and requested Taylor-Ball be awarded the contract. William Hall, Operations Manager for Taylor-Ball, 7777 Alvarado Rd., #501, La Mesa, showed the Council a photograph of a completed wall that is similar to what Taylor Ball is proposing. Mr. Hall stated they were anxious to get started on the project and looked forward to working with the City. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 97- construction of the Carlsbad City Library; and instructed staff to make the bid protest issues analysis a part of the record. - 726 accepting bids and awarding a contract to Taylor Ball of California for the AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 37 21. AB #14.496 - CITY COUNCIL GOALS AND OBJECTIVES YEAR-END REPORT. ACTION: On motion by Mayor Pro Tern Finnila, Council received the 1997 City Council Goals and Objectives Year-End Report. 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. a Dgcember 16,1997 0 CITY COUNCIL 0 Page 7 CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT. By proper motion, the Regular Meeting of December 16, 1997, was adjourned at 956 p.m., in honor of Assistant City Manager Frank Mannen’s birthday. Respectfully submitted, -ab@- KLETHAL. RAUTENKRANZ City Clerk Sherrie D. Worrell Deputy City Clerk