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HomeMy WebLinkAbout1997-04-14MINUTES CITY COUNCILIREDEVELOPM ENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Council Chamber Huntington Beach, California Monday, April 14, 1997 A video tape recording of this meeting is on file in the Office of the City Clerk CALL TO ORDER Mayor Bauer called the adjourned regular meetings of the City Council, Redevelopment Agency, Public Financing Authority, and Parking Authority of the City of Huntington Beach -to order at 5:00 p.m. in the Council Chamber. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Bauer. CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCING AUTHORITYIPARKING AUTHORITY ROLL CALL Present: Harman, Dettloff, Bauer, Green, Garofalo Absent: Julien, Sullivan LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following late communications regarding Agenda Items which had been received following the distribution of the agenda: Communication from Ernest C. Brown, Hearing Officer, dated April 11, 1997 regarding the Bid Protest Hearing, Findings of Fact and Conclusions of Law regarding the Pier Plaza Improvement Project (Coastal Side of Pacific Coast Highway from 1st Street to 7th Street, Huntington Beach), CC-1029 Proposal by Concept Marine Company to Provide Professional Construction Management Consulting Services dated August 22, 1996 Slide Report Pier Plaza Project1800 MHz Countywide Public Safety Communications System Project Page 2 - Council/Agency Minutes - 04/14/97 PUBLIC COMMENTS ON CLOSED SESSION There were no persons present to address Council regarding the closed session items scheduled on the agenda. MOTION TO RECESS CITY COUNCIL/REDEVELOP MENT AGENCY/PUBLIC FINANCING AUTHORITYIPARKING AUTHORITY TO CLOSED SESSION - APPROVED (120.80) A motion was made by Harman, second Dettloff, to recess the City Council, Redevelopment Agency, Public Financing Authority, and Parking,Authority to closed session to confer with its _ City Attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(3)(B). (Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda.) Subject: Pier Plaza Bid Protest. The motion carried unanimously with Councilmembers Julien and Sullivan absent. The Pier Plaza Project consists of parking lots north and south of the Huntington Beach Pier, a plaza and amphitheater at the foot of the pier, a beach restroom/concession building, and replacing the existing restaurant building at the base of the pier with a building pad for a new restaurant. An invitation for bids to construct the Project was advertised on February 4, 1997. The bid package included "deductive alternatives" for certain elements of the Project, such as using masonry instead of poured -in -place concrete for the sand walls (Alternative "A") and the parking lot walls (Alternative "B"). In this way the City could reduce the cost of the Project by altering the Project design. Bids were received from ten different firms. City staff then tabulated each of the base bids and deductive alternatives submitted. Roman ECD was the lowest base bidder at $5,200,000, which exceeded the Project budget of $4,850,000. City staff then announced its intention to recommend that the City Council award the Project to Valley Crest Landscape, Incorporated which had the lowest bid for the combination of Deductive Alternatives "A-B" at $4,875,000. On March 17, 1997, the California Court of Appeal published its decision in FTR International v. City of Pasadena. This case holds that the use of deductive alternatives by the City of Pasadena was invalid. Based upon this decision, Roman filed a bid protest on March 19, 1997 and requested a hearing on the matter. The hearing was held on April 8, 1997. The hearing officer's decision is expected to be made available to the city by 5:00 p.m. on April 11, 1997. However, the attorney for Roman informed representatives of the city after the close of the April 8th hearing that Roman intended to sue to enjoin the award of any contract to Valley Crest even if the hearing officer's report rejects the bid protest. The purpose of the closed session is to review the city's legal options should Roman file suit. RECONVENE The Mayor reconvened the adjourned regular meetings of the City Council, Redevelopment Agency, Public Financing Authority, and Parking Authority with all Councilmembers recorded as present with the exception of Councilmembers Julien and Sullivan. 04/14/97 - City Council/Redevelopment Agency Minutes - Page 3 PUBLIC COMMENTS There were no persons present to address Council regarding the items scheduled on the agenda. (CITY COUNCIUPARKING AUTHORITY) PIER PLAZA - CC-1039 - BID AWARD TO VALLEY CREST LANDSCAPE - APPROVED - HEARING OFFICER RECOMMENDATION REGARDING BID PROTEST ADOPTED - APPROVAL OF PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES - CONCEPT MARINE ASSOCIATES, INCORPORATED The City Council and Parking Authority members considered a communication from the Public Works Director and the Community Services Director submitting the question of whether the city should award the construction contract to the lowest responsible/responsive bidder from the list of bidders who submitted sealed bids to the Office of the City Clerk on March 12, 1997 for the Pier Plaza, CC-1029 and award a professional consultant contract for professional Construction Management Services associated with the construction of Pier Plaza, or should the city reject all ten bids received and re -advertise an amended bid. The Community Services Director presented a staff report using slides. He presented an overview of the Pier Plaza Project, public development, Pier Plaza amphitheater, private development, Pier Plaza restaurant (Duke's), the public cost for Pier Plaza, public financing for Pier Plaza, and the Pier Plaza construction bids. He informed Council that bids were received on March 12, 1997 and the recommendation to Council was Deductive Alternatives "A and B," lowest construction cost - $4,875,000 - "A": Masonry sand walls versus Precast and "B": Masonry retaining walls versus Precast. He informed Council that one bidder had filed a protest and the hearing on the protest had been held April 8, 1997. The Community Services Director informed Council the city bid process had been declared valid by the hearing officer and it was recommended that Council award the contract to Valley Crest. A motion was made by Harman, second Garofalo, to approve Alternative Motion Scenario "A": 1. Approve the low bid, Deductive Alternative ("A-B") combination, submitted by Valley Crest Landscape, Incorporated, 1920 South Yale Street, Santa Ana, CA 92704 and authorize the Mayor and City Clerk to execute the construction contract for the Pier Plaza Project, CC-1029, for a total bid amount of $4,875,000; 2. Approve the transfer of all remaining unused Certificates of Participation (COP) funds, Park Bond funds, and Parking Authority funds to the Pier Plaza Fund for the Pier Plaza Project, CC-1029; 3. Approve an amendment to the current year budget by appropriating $6,283,417 for the purpose of construction of the Pier Plaza Project (total Pier Plaza Project cost of $6,355,000 less $71,583 already budgeted); 4. Authorize the Public Works Department to expend a total of $5,949,520 to cover the contract amount of $4,875,000, estimated construction contingency of $487,500, and supplemental expenditure of $587,020; Page 4 - Council/Agency Minutes - 04/14/97 5. Approve staff's selection of Concept Marine Associates, Incorporated (a Construction Management Firm) to perform the work as outlined in the Request for Proposals fcr Professional Construction Management Services dated August 1996; and 6. Approve the attached professional services contract with Concept Marine Associates, Incorporated and authorize the Director of Public Works to expend $330,480 to cover contract costs of $300,435 and estimated construction contingency of $30,045. The motion carried by the following roll call voter AYES: Harman, Dettloff, Bauer, Green, Garofalo NOES: None ABSENT: Julien, Sullivan (CITY COUNCILIPUBLIC FINANCING AUTHORITY) PUBLIC FINANCING AUTHORITY RESOLUTION NO. 11 - ADOPTED - AUTHORIZING ISSUANCE OF REVENUE BONDS AND CITY COUNCIL RESOLUTION NO. 97-25 - ADOPTED - APPROVING ISSUANCE OF REVENUE BONDS - GRANT DEED - APPROVED - APPROVED DEBT FINANCING, OF A PORTION OF COSTS OF PIER PLAZA CONSTRUCTION1800 MHz COUNTYWIDE PUBLIC SAFETY COMMUNICATIONS SYSTEM PROJECTS (330.30) The City Council and the Public Financing Authority considered a communication from the Community Service Director informing Council that in order to finance the construction of the Pier Plaza and the 800 MHz Countywide Public Safety Communications System, actions are required by the Council and the Public Financing Authority to approve the issuance of long term debt for a portion of the project costs. Bob Franz, Deputy City Administrator/Administrative Services Director, reported on the 800 MHz Countywide Public Safety Communications System Project utilizing slides. His report included 800 MHz project cost, financing the city's 800 MHz cost, the proposed debt issue, and a summarization of the recommended action to the City Council. Discussion was held regarding funding issues relative to the oil spill litigation monies which are to be distributed. The Community Services Director responded to Councilmember Garofalo's question regarding issues relating to the financing and interest rates encountered by the company who will build the restaurant. A motion was made by Harman, second Green, to approve the following recommended actions: Adopt Public Financing Authority Resolution No. 11 - "A Resolution Of The Huntington Beach Public Financing Authority Authorizing The Issuance, Sale And Delivery Of Not To Exceed $8,200,000 Principal Amount Of Lease Revenue Bonds, 1997 Series A (Public Facilities Project), Approving Distribution Of The Preliminary Official Statement Relating Thereto, Authorizing And Approving Certain Documents In Connection With The Issuance, Sale And Delivery Of Said Bonds, And Providing Other Matters Properly Relating Thereto." 3 04/14/97 - City Council/Redevelopment Agency Minutes - Page 5 Accept the grant of the Central Library parcel to the City of Huntington Beach and authorize the Mayor and City Clerk to execute same and acceptance of said deed by the City Clerk on behalf of the city. Adopt City Council Resolution No. 97-25 - "A Resolution of the City Council of the City of Huntington Beach Approving the Issuance of Not to Exceed $8,200,000 Huntington Beach Public Financing Authority Lease Revenue Bonds, 1997 Series (A Public Facilities Project), Approving the Preliminary Official Statement, Authorizing and Approving Certain Documents in Connection with the Issuance, Sale and Delivery of Said Bonds and Providing Other Matters Properly Relating Thereto." Appropriate $1,215,271 for the 1996/97 unbudgeted costs for the 800 MHz Public Safety Communications System ($1,730,000 was budgeted in 1996/97 compared to current estimated total payments of $3,045,271 for this fiscal year). The motion made by Harman, second Green, carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Green, Garofalo NOES: None ABSENT: Julien, Sullivan ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCYIPUBLIC FINANCING AUTHORI!TYIPARKING AUTHORITY The Mayor adjourned the adjourned regular meetings of the City Council, Redevelopment Agency, Public Financing Authority, and Parking Authority of the City of Huntington Beach at 5:55 p.m. to Monday, April 21, 1997 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City C rk and ex-officio Clerk oehe City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California City Clerk/Clerk Mayor/Chairman