SR-6-P (19)
FD:JM:WJP:pub.managerjfireqpt
city Council Mtg.: Feb. 23, 1993
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Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Authorize the city Manager to
Negotiate and Execute an Agreement with the Volunteer
Fire Department of Mazatlan, Sinaloa, Mexico, for
Donation of Radio Equipment
INTRODUCTION
This report recommends that the City Council authorize the City
Manager to negotiate and execute an agreement with the Volunteer
Fire Department of Mazatlan, sinaloa, Mexico, for donation of
Fire Department radio equipment.
BACKGROUND
Mazatlan, Sinaloa, Mexico, is a sister city to the City of Santa
Monica.
The Mazatlan Fire Department is an all volunteer
organization that operates with limited resources. The city of
Santa Monica has in the past donated surplus fire equipment and
apparatus to the Mazatlan Fire Department through the Sister
Cities Program.
In 1991, 300 fire hydrants were delivered to
Mazatlan.
The Santa Monica Fire Department has completed an upgrade of its
radio system.
The previous radio equipment da tes back to the
1950's. Appraisal of the equipment estimated the worth at less
than $500 if sold at auction. Vendors of the new equipment would
not consider it for trade-in value because the equipment does not
have sufficient value to make it a viable product for resale.
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The feasibility of donating this equipment to a fire department
in the united states is complicated by the age.
The crystal
technology allows operation on a dedicated frequency only.
Compliance with FCC requirements would be difficult and not cost
effective due to the dedicated frequency limitation.
Since the Mazatlan Fire Department does not have a radio system,
they have expressed a desire for this equipment. This donation
would significantly increase the ability of the volunteer fire
department to service the community of Mazatlan.
If approved by the city Council, the U. S. Navy would transport
this equipment free of charge to the port of Mazatlan through
"Project Handclasp".
BUDGET/FINANCIAL IMPACT
There is no significant budget/financial impact.
RECOMMENDATION
staff recommends that the city council authorize the City Manager
to negotiate and execute an agreement donating the surplus radio
equipment to the Volunteer Fire Department in Mazatlan, sinaloa,
Mexico.
Prepared by: John M. Montenero, Fire Chief
William J. pajares, Battalion Chief
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(e) Minimum Lot Size. 5,000 square feet. Each parcel shall
contain a minimum depth of 100 feet and a minimum width of 50
feet, except that any parcel existing on the effective date of
this Chapter shall not be subject to this requirement.
(d) Maximum Parcel Coveraae. 40 percent, except that parcels
3000 square feet or smaller - may have a parcel coverage of 60
percent.
(e) Front Yard Setb~ck. As shown on the Official Districting
Map of the City, or, if no setback is specified, 20 feet.
(f) Add.:i;t;!9pal Front Setback Above 14 Feet in Heiaht. For
new structures or additions to existing structures having a
height in excess of 0:;:::':'- 14 feet :!..:; !::::::.q!:=, 25 percent of the
maximum allowable front elevation shall be setback an additional
average amount equal to four percent of parcel depth, =~~~~q~ ~f
~ feet from the required front setback, but in no case greater
than ten feet ~~~=~= ~~=~~ = =~~~~~ ~loc~ ~~i~t~ ~~ ~~~ e~fe~ti~~
Ao~~ ~~ ~h4~ ~h~~~~~ ~~~~ ~~~~~A ~1~~~ ~ha" ~_~ ~_ __w~_~_A ~~
-~-- -- ----- ----,r ~~-, ---- -~~~--- ----- --..--- ~...- - --- ---...--- ........
.....J..._ ____1....'1.1_+-.:_.... _..f:' ~__.....f- "..7.........,._-1--:__..." ..,:........... nll,....r'Ii''''\~t:'\,.. _-F ___-1--1_...... +-J."",
---- ----------.~ -- -- _u_ ---- -----. --- x---x----- -- -------~ -.--
:;;==::.=::.::;:;=.1 =:r=:-~;r~ 5 :!~~~ !:0t!:'~~!:_ As used in this Chapter,
"maximum allowable elevation" shall mean the maximum theoretical
linear length of a given facade, which includes the parcel
width, minus required minimum setbacks.
(g) Rear Yard Setback. 20 percent of parcel depth to a
maximum of 35 feet:!5 f::;:;~., but in no case less than 15 feet.
(h) Side Yard Setb~ck. Ten percent
a minimum of=i~::; ~-~~ three feet
greater, but in no case greater than
!~~~ ~~~~ E,~~C ~~~~rQ f~~~, . ~i~i~~=
=~~~i=~~ (See also Section 9040.19.)
(i) Additional side Setbacks Above 14 feet in Height. Fifty
percent of the maximum allowable side bui Iding elevations in
excess of 14 feet in height ~!:,~:r~ t!:~ ~:r~~=q= ~='!:~~.:.! q:::-~::!~ --I-
above the required side yard setback shall be setback an
addi tional 1 foot for every 2 feet 4 inches above 14 feet of
building height to a maximum height of 21 feet. ~!!) p!:~~i~::. -.,:-
~~~ =~i!=i~; =~~11 !~t~:~~=~ = r!=~~ ~o~~~~=!~~ 21 ~~~t i~ h~i~~t
~.,... .,........._ ....-:......:............ ,.":.A'_ ~..~......~ __+-h""",_Lr ___..:I .-.'U"+-""'....",:,-i...,., ~+~.... ~_,.,__ _./: Ar
-- ---- -------... ---- J--- ------..... -...--......-........'"3 -- -... -.....::/-- -...
~~~~~~= :!~~= ~!:~ T'P..~~~!=~.! -==~~;.;;:.~~ +--J-.~ i~t~~i~~ ~:! +-h~ ~itG_
of the let parcel width or
six inches, whichever is
15 feet. ::=;;~"''':;=-, =::: 1=-==
.If oF,.....,,....,+- ,.....:~",...". "I'...~.."..A r.......~ 1 T h......
- ---- ---- J-- -.---- --
(j) Additional si~~ Setbac;k Above 21 Feet in Heiaht. No
portion of the building, except permitted projections, shall
intersect a plane coJlDlencing 21 feet in height at the minimum
sideyard setback and extending at an angle of 45 degrees from.
the vertical toward the interior of the site. This requirement
may be modified by the Architectural Review Board under the
provisions of Section (1) below.
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wastewater line which results in improved flow, fewer sewer
back-ups and prolonged service life of the lines.
A Notice Inviting Bids was published on November 25 and 26, 1992
in The Outlook, as well as four construction journals.
Bidding
documents were sent to seven women/Minority Business Enterprise
Associations. Bidding packages were requested by 35 contractors.
The City Clerk's office received eight sealed bids. On January
25, 1993 the sealed bids were publicly opened and read aloud by
the Deputy City Clerk.
The bids results were as follows:
Miramontes Construction Co., Inc.*
williams Supply
C.K. Construction
Southern California Underground Const.
Jana Contractors
Vicco Construction
Colich and Sons
Southwest Engineering, Inc.
$1,042,497.50
$1,049,974.30
$1,069,270.00
$1,103,040.00
$1,327,589.00
$1,330,910.00
$1,335,265.00
$1,776,250.00
City Engineer's Estimate......... $1,164,580.00
*A Woman/Minority Business Enterprise
The lowest bidder, Miramontes Construction Co. Inc., supplied the
City with references and all references reported that the
contractor's work was satisfactory.
The state Contractors
License Board verified that the Contractors license is current,
active and in good standing.
williams supply has submitted a bid protest based on the
assertion that the bid from Miramontes Construction Co. Inc. is
non-responsive because they named an unlicensed subcontractor
(Attachment 1).
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city Attorney staff determined this to be a minor irregularity
which has been corrected (Attachment 2).
BUdqet/Financial Analysis
FUNDS REQUIRED
contract . . . . . .
. . . . $1,042,497.50
Contingencies (20%). . . . . . . $ 208,502.50
TOTAL $1,251,000.00
Funds are available in CIP account numbers:
contract
Amount
contingency
Project
Total
31-760-661-20092-8900-99120
"Wastewater Main Upgrade" $ 571,987.50 $114,400.50 $ 686,388
31-760-661-20093-8900-99125
"Wastewater Main Relining" $ 470,510.00
$1,042,497.50
$ 94,102.00
$208,502.50
$ 564,612
$1,251,000
Recommendation
It is recommended that city council:
1. Award a contract for Sewer Main Replacement and Sewer Main
Relining at various City locations to Miramontes Construction
Co. Inc., the lowest responsible bidder, in the amount of
$1,042,497.50 and
2. Authorize the City Engineer to issue any necessary change
orders to complete additional work in conformance with the
Administrative Instruction on change orders.
Prepared by: Stan Scholl, Director of General Services
Anthony Antich, City Engineer
John Mundy, utilities Manager
Attachments
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EXHIBIT C
Lewis W. Tibbitts
Attorney at Law
615 21st Street
Santa MOnica. CA 90402
(310) 451-0935
CITy 0.-
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October 11, 1992
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Mr. Kenyon Webster, Manager of Planning
City of Santa Monica - City Hall
1685 Main Street, Room 212
Santa Monica, California 90401
Re Proposed Amendments to R1 Development Standards
Dea r Kenyon:
Guided by the objectives set forth in your Memorandum dated September 28, 1992,
I have reviewed the proposed R1 Development Standards and now recommend the
following additions and/or changes.
1. For purposes of clarity, add to Section 9000.3 necessary definitions for the
fo II owi ng terms;
Performance Standards Permi t -
Use Permi t -
Conditional Use Permit -- (if meaning has been changed by virtue of the
reclassification of some former conditionally
permitted uses).
Domestic Violence Shelter
Parcel Line Dimension
Pitched Roof --
Height -- liThe vertical dimension measured from the average natural grade
to a roof edge, or to the top of a wall, parapet, porch enclosure
wall, or equipment screen.11
2. Section 9010.7(d). Add at end of paragraph "provided setback requirements are
satisfied as set forth in these standards".
Reason for change. To establish priority of standards since conflict can arise
in connection with very small lots.
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Us. Eugenia Chus~d
February 2, 1993
Page 2
Business and Professions Code Section 7028.5 expressly provides
that it is a misdemeanor for any person to submIt a bid to a public
agency without possessing the proper contractors llcense. A bid
submi tted to a public agency shall be cons1dered Jlon-reSpons1 ve and
shall be rejected by the public agency. section 7028.15 applies to
both contractors and subcontractors that submlt a bId to a public
agency. See Business and Professions Code Sectlon 7026.
CalIfornia law places great emphasis on the requirement that all
contractors performing construction possess the applicable license.
The purpose of the licensing requirement 15 to protect the pUblic
from incompetence and dishonesty from those who provlde bUl1ding
and construction services. The licensing requlrements provlde
minimal assurance that all persons offering such serVices 1n
Californ1a have the requisite skill and character, understand
applicable local laws and codes, and know the rudiments of
administering a contracting business. See Hydrotech Systems, Ltd.
v. Oasis Waterpark, et ale 227 Cal.Rptr. 517, 52 Cal.3d 988 (1991).
For the city to award the contract to J.1iramontes Construction
renders the city's promise to award the contract to the lowest
responsive bidder illusory and renders the entire competitive
bidding process nugatory. Moreover, the award of the contract to
an unlicensed contractor may subject the city to independent civil
liability from the Contractors state License Board. See BUS1ness
and professions Code Section 7028.15.
In the event the City elects to award the contract to other than
Williams Supply, this letter serves as a request for a hearing.
Thank you in advance for your anticipated courtesy and cooperatIon
1n this matter. Should you need any additional 1nformation, please
do not hesitate to contact the unders1gned.
Very truly yours,
ATKINSON,/ANDELSOt{, LOYA, RUllO & ROMO
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Tliofua~ W. Kovac~ch
TWK{slw
cc: Tony Antich, City Engineer
city of Santa Monica
Qj 005/254 ~4 I
ATTACHMENT 2
CITY OF
SANTA MONICA
CALIFORNIA
OFFICE OF THE CITY ATTORNEY
\\--RITER'S DIRECT DIAL NU\.l:BER
(213)458
8336
February 4, 1993
SENT BY FACSIMILE AND U.S. MAIL
(310) 404-8905
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Thomas W. Kovacich, Esq.
Atkinson, Andelson, Loya, Ruud & Romo
13304 East Alondra Boulevard
Cerrltos, California 90701
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Re: City of Santa Monica Sewer Main
Replacement and Relining Project
Specifications SP1270
Dear Mr. Kovacich:
This letter will confirm our telephone conversation
regarding the above-referenced project.
The City Attorney's office has received and reviewed your
February 2, 1993 letter of protest on behalf of Williams Supply
Company, Inc. in connection with the award of the above-
referenced project. Please be advised that we disagree with your
contention that the bid submitted by niramontes Construction
("Miramontesll) was non-responsive and in violation of Business &
Professions Code Section 7028.15.
Miramontes is a general contractor, Class A duly licensed
in the state of california, therefore its bid was not submitted
by an unlicensed contractor. The award of a public works
contract is made solely to a prime contractor who 1S then
responsible for performing all \vork either directly or through
appropriate subcontractors. Although the award of the contract
may result in some benefit to a subcontractor, such award is not
made to any subcontractor.
'The fact that Raven Chemicals is currently unlicensed in
the State of California does not trigger the provisions of
Business & Professions Code section 7028.15 nor does it
invalidate Miramontes' bid. The City has already informed
Miramontes that Raven Chemicals is disqualified from performing
labor or services on this project. Therefore, there is no longer
an issue of any unlicensed subcontractor providing services on
this project.
CITY H .\LL, 1685 ~lAI~ STREET, S.\NT A MONICA, CALIFORNIA 90401-3295
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~homas W. Kovacich, Esq.
February 4, 1993
In addition, to the extent that the listing of Raven
Chemicals as a subcontractor was unauthorized, Public Contracts
Code section 4107 (a) (6) would permit the City to cure such a
defect. Section 4l07(a) (6) allows a prime contractor whose bid
is accepted to substitute another subcontractor in place of the
subcontractor listed in the original bid if the listed
subcontractor is not licensed pursuant to California law, subject
to the awarding agency's consent to such substitution. Although
not expressly stated, a substitution would logically include the
elimination or disqualification of an unlicensed subcontractor
and the assumption of such portion of the project by the prime
contractor directly. Therefore to the extent that any problem
existed at the time of the bid, state lavl clearly provides a
procedure to cure any such defect.
Finally, it is the City's position that as a charter city
it has broad powers over municipal affairs such as its public
works proj ects. As part of the exercise of such municipal
powers, the City has the discretion to waive irregularities in a
successful bid and require a successful bidder to take remedial
steps to assure that the project adheres to all applicable laws.
We believe that the interests of the city and the public
are protected by the actions we have taken in connection with the
award of the bid on the above-referenced project. You and your
client may submit written objections to the City Council on or
before the Tuesday, February 23, 1993 City Council Meetlng at
,.,hich this matter is scheduled to be heard. The city Council
Heeting will be held at 6: 30 p. m. on such date, in the City
Council Chamber located at 1685 Main Street, 2nd Floor, Santa
l1onica, CA.
Very truly you s,
~ A. /HOXON
Deputy City Attorney
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