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Home My WebLink About1997-12-09; City Council; Minutes0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: December 9,1997 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 PRESENTATION OF COLORS and Pledge of Allegiance was given by Carlsbad Police Department Senior Patrol. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Finnila, the Minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meetings held November 18,1997 Minutes of the Regular Meeting held November 18, 1997 Minutes of the Council Workshop held November 25, 1997 Minutes of the Special Meeting held November 25, 1997 ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: 1997 Police Awards Ceremony, to be held Wednesday, December 10, 1997 at 1:00 p.m., at the Carlsbad Public Safety Center, 2560 Onon Way, Carlsbad. City of Carlsbad Employee Holiday Breakfast and Service Awards Presentation, Thursday, December 11, 1997 at 6:30 a.m., at Pea Soup Andersen’s, 850 Palomar Airport Road, Carlsbad. ConVis Christmas Party, Friday, December 12, 1997 at 7:OO p.m., at the Pelican Cove Inn, 320 Walnut, Carlsbad. Community Services Department Holiday Dinner, Monday, December 15, 1997 at 6:OO p.m., at the Carlsbad Senior Center, 799 Pine Avenue, Carlsbad. December 9,1997 CITY COUNCIL 0 Page 2 CONSENT CALENDAR: Mayor Pro Tem Finnila removed Item #5 from the Consent Calendar. On motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #1 through #5, with the exception of Item #5, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 84 1. AB #14,461- AWARD OF CONTRACT FOR PURCHASE OF FIRE HOSE. Council adopted RESOLUTION NO. 97-705, approving the purchase of fire hose from Allstar Fire Equipment for the period of December 9, 1997 through December 8, 1998. 99 2. AB #14,462 - APPROVAL OF THE FINAL MAP FOR CT 92-03. UNIT 6, AVIARA PHASE 111. Council adopted RESOLUTION NO. 97-706, approving the Final Map for Carlsbad Tract CT 92-03, Aviara Phase 111, Unit 6 and authorizing the City Clerk to process the map for recording. 99 3. AB #14,463 - APPROVAL OF THE FINAL MAP FOR CT 92-03. UNIT 7, AVIARA PHASE 111. Council adopted RESOLUTION NO. 97-707, approving the Final Map for Carlsbad Tract CT 92-03, Aviara Phase 111, Unit 7 and authorizing the City Clerk to process the map for recording, 105 4. AB #14.464 - APPROVAL OF THE 1997-98 SUBRECIPIENT AGREEMENT FOR 45 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Council adopted RESOLUTION NO. 97-709, approving a Subrecipient Agreement with the Brother Benno Foundation for the City of Carlsbad’s 1997-98 Federal Community Development Block Grant Program. ITEMS REMOVED FROM THE CONSENT CALENDAR: 37 5. AB #14,465 - APPROVAL OF REQUEST FOR COUNTY SPECIAL TAX ELECTION TO FUND 800 MHz REGIONAL COMMUNICATIONS SYSTEM. Council expressed the opinion that the 800 Mhz measure and the proposed Library Sales Tax measure should not appear on the same ballot. Therefore, they noted their preference of having the 800 Mhz measure on the June, 1998 ballot and the proposed Library Sales Tax on the November, 1998 ballot. Council adopted RESOLUTION NO. 97-708, requesting the County of San Diego Board of Supervisors to call a. Special Tax Election in Zone A of County Service Area 135 to fund the Regional Public Safety 800 Mhz Radio Communications System. PUBLIC COMMENT: None. December 9,1997 CITY COUNCIL 0 Page 3 ORDINANCES FOR ADOPTION: 72 6. AB #14,466 - ADOPTION OF ORDINANCE ESTABLISHING A “NO PARKING‘7 ZONE ON PONTO DRIVE (SOUTH). ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- addition of Section 10.40.127., to declare a “No Parking” Zone on Ponto Drive (South) between the hours of 11:OO p.m. and 5:OO a.m., seven days a week. - 431, amending Title 10, Chapter 10.40 of the Carlsbad Municipal Code by the AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 72 7. AB #14.467 - ADOPTION OF ORDINANCE PROHIBITING SKATEBOARDING ON PROMENADE WALKWAYS, LANDSCAPE BARRIERS OR WALL ALONG ARMADA DRIVE AND LEG0 DRIVE. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- - 432, amending Title 10, Chapter 10.58 of the Carlsbad Municipal Code by the addition of Section 10.58.025., prohibiting skateboarding on promenade walkways, landscape barriers or wall along Armada Drive and Leg0 Drive, between Cannon Road and Palomar Airport Road. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 28 8. AB #14,468 - ADOPTION OF ORDINANCE AMENDING THE HISTORIC PRESERVATION COMMISSION MEMBERSHIP REQUIREMENTS. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- 433, amending Title 2 of the Carlsbad Municipal Code by the addition of Chapter 2.42 modifjmg the membership requirements of the Historic Preservation Commission and amending Title 22, Chapter 22.02 modifying the historic preservation regulations. AYES : Lewis, Finnila, Nygaard, Kulchin, Hall 36 9. AB #14,469 - ADOPTION OF ORDINANCE AMENDING THE CITY CLERK’S COMPENSATION. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- - 434, amending Section 2.08.030., of the Carlsbad Municipal Code to adjust the compensation of the City Clerk from $550 to $700 per month. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall December 9,1997 @ CITY COUNCIL 0 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: 14 10. AB #14,470 - INTERSTATE 5 CORRIDOR LANDSCAPE MASTER PLAN. Project Manager Brad Lewis of Kawasalu, Theilacker, Ueno and Associates gave a slide presentation overviewing the contents of the Plan. Kim Welshons, 2121 Placid0 Court, Carlsbad, a member of the 1-5 Corridor Landscape Advisory Committee, stated the Committee reached a consensus and determined they were ready to send the plan out for further public review. She stated the focus is on landscape and the fact that this stretch of the freeway is as important as the other city streets. The Committee is anxious to receive public input on the plan and to continue refining the working document. ACTION: On motion by Mayor Pro Tem Finnila, Council directed staff to forward the Master Plan to the Planning Commission, the Arts Commission, and the Parks and Recreation Commission for review and comment. The 1-5 Committee would then review the information from the Commissions and forward the information to the Council for further review and a determination if further public hearings are needed. Council would determine how much public input is necessary, and when there is sufficient public input, Council will decide what design concepts will be in the final plan and then again have it reviewed by the public. In addition, the review process will be noticed in the newspapers and libraries, and other ways to maximize public awareness. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Council adjourned to the Carlsbad Municipal Water District Meeting at 6:46 p.m., and reconvened at 7:21 p.m. RECESS: Mayor Lewis declared a recess at 7:21 p.m., and Council reconvened at 7:25 p.m., with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS (continued): 68 11. AB #14,471 - REPORT ON THE 2020 GROWTH FORECASTS - PHASE 1. REGIONAL FORECAST. Senior Regional Demographer Dr. Jeff Tayman of SANDAG, with the aid of a slide presentation, gave an overview on the results of the first phase of the 2020 Regional Growth Forecasts. December 9,1997 o CITY COUNCIL 0 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS (continuedl: 02 12. AB #14,472 - ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF FARADAY AVENUE. ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-435, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the amendment of Section 10.44.320, to establish a prima facie 40 mile per hour speed limit upon Faraday Avenue from College Boulevard to it’s westerly terminus. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall .02 13. AB #14,473 - ESTABLISHMENT OF SPEED LIMIT ON A PORTION OF CAMINO DE LAS ONDAS. ACTION: On motion by Mayor Pro Tem Finnila, Council introduced ORDINANCE NO. NS-436, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the amendment of Section 10.44.250, to establish a prima facie 40 mile per hour speed limit upon Camino de las Ondas from Brianvood Drive to it’s intersection with Aviara Parkway. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 58 14. AB #14,474 - EXPENDITURE PLAN FOR REVENUES FROM THE PROPOSED OUARTER- CENT LIBRARY SALES TAX. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 710, specifying the City of Carlsbad’s expenditure plan for revenues from the proposed quarter-cent library sales tax. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall Council reiterated their preference that this issue appear on the ballot of the November, 1998 election. In addition, if an endowment fund is included in the expenditure Plan, they recommended it be made clear how the endowment funds would be spent. 37 15. AB #14,475 - BID PROTEST AND AWARD OR REJECTION OF CONTRACT FOR LA COSTA AVENUE WIDENING, PROJECT NO. 3215. Roy Valadez, Assistant Division Manager representing C.A. Rasmussen Inc., stated their company filed the bid protest due to the fact that the low bidder, Sierra Pacific, did not comply with the proposed contract documents; they did not bid the retaining wall to the City’s specifications; they failed to list a pile subcontractor; and they do not believe that Sierra Pacific will be able to perform 50% of the work. Mr. Valadez stated that his company submitted the lowest responsible bid and therefore should be awarded the contract. In response to query, he stated his company did not attend the pre-bid conference. Robert Marks, Attorney representing Sierra Pacific, 3900 Harvey Street, San Diego, stated that the City’s bid form requires an amount of information that is in excess of the state law, however the information provided by his client meets the minimum requirements and therefore is not an incomplete bid. Mr. Marks also stated that the City’s form is difficult only because of the amount of time it takes to fill it out in a very limited time frame prior to the bid submittal deadline. ‘1 December 9, 1997 e CITY COUNCIL 0 Page 6 DEPARTMENTAL, AND CITY MANAGER REPORTS (continued): 15. AI3 #14,475 (continued) Thomas Brown, President of Sierra Pacific West, 155 Quails Garden Drive, Encinitas, stated they bid the project in the way their firm recognized it and that was based on quotations from vendors, suppliers and subcontractors within the industry with today’s current pricing. He stated they did not attend the pre-bid conference due to the fact they are currently working on another public works project for the City and felt the documents were self-explanatory. Mr. Brown clarified for Council that Sierra Pacific never requested any deviation in regards to the retaining wall. The wall that was bid was per the bid documents, however an alternate wall system is available but that is not what was bid. Mike Stevenson, representing Geogrid Systems, 121 1 W. Pennsylvania, San Diego, stated they are a modular retaining wall contractor and they design and build keystone retaining wall systems. Mr. Stevenson stated that Geogrid bid the project as specified in the plans and specifications from the City, contrary to the information contained in the letter dated September 29, 1997 from Retaining Walls Company. Forrest Armentrout, Estimator for Geogrid Systems, 376 Islander Street, Oceanside, stated that Geogrid bid the specified wall as called out in the plans and specifications. He stated that Geogrid has the manpower and ability to perform the work as bid. Greg Grippo, 3211 Mt. Whitney, Escondido, stated that he is an employee of Geogrid Systems and is confident of the work the company performs. Dan Wright, representing Retaining Walls Company, 1947 Lawton Lane, Vista, stated they are the manufacturers of the material for the cribwall and because they did not receive any calls requesting pricing it was assumed that Sierra Pacific would be proposing an alternate system in their bid package. Thomas Brown, President of Sierra Pacific West, 155 Quails Garden Drive, Encinitas, stated in rebuttal to Mr. Wright’s comments, that Sierra Pacific was going to self perform the reinforcement work on the wall. ACTION: On motion by Mayor Pro Tem Finnila, Council directed the City Attorney to prepare documents rejecting all bids and directed staff to re-bid the project, and to provide an analysis of the bid errors and bidding process. 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. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. '. December 9,1997 * CITY COUNCIL m Page 7 ADJOURNMENT. By proper motion, the Regular Meeting of December 9, 1997, was adjourned at 9: 18 p.m. Respectfully submitted, L2.4Lzk 8. T+ ALETHA L. RAUTENKRANZ City Clerk Sherrie D. Worrell Deputy City Clerk