The URL can be used to link to this page

Home My WebLink About2001-01-23; City Council; Minutes (2)MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: January 23,200l TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Regular Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Lewis, Kulchin, Finnila, Nygaard, and Hall. Absent: None. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #I through #5, as follows AYES: NOES: Lewis, Kulchin, Finnila, Nygaard, and Hall. None. WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. 1. AB #16.028 - ACCEPTANCE OF GRANT. 0750-60 Council adopted RESOLUTION NO. 200149, accepting a touring grant from the California Arts Council for the visiting artists program. 2. AB #16,029 - AMENDMENT TO AGREEMENT FOR PHASE 2 OF THE TOURISM IMPACT ASSESSMENT TO SURVEY CARLSBAD RESIDENTS AND TOURISTS REGARDING THE ADEQUACY OF SHARED SERVICES AND FACILITIES. 0750-60 Council adopted RESOLUTION NO. 2001-20, approving an amendment to the agreement with Economics Research Associates for completion of Phase 2 of a Tourism Impact Assessment. 3. AB #16,030 - APPROVAL OF THE CALPERS HEALTH PROGRAM FOR ELECTED OFFICIALS. 0750-60 Council adopted RESOLUTION NO. 2001-21, electing to be subject to Public Employees’ Medical and Hospital Care Act only with respect to members of a specific employee organization and fixing the employer’s contribution at an amount greater than or equal to that prescribed by Section 22825 of the Government Code. January 23,200l Carlsbad City Council Meeting Page 2 4. 0750-60 5. 0750-60 AB #16,031 - APPROVAL OF THE REVISED HOURLY SALARY SCHEDULE AND UNCLASSIFIED SALARY SCHEDULE. Council adopted RESOLUTION NO. 2001-22, approving the Revised Hourly Salary Schedule and Revised Unclassified Salary Schedule and transferring funds to cover additional salary costs. AB #16,032 - AMENDMENT TO AGREEMENT FOR DESIGN OF CARRILLO RANCH PHASE II. Council adopted RESOLUTION NO. 2001-23, ratifying Amendment No. 1 to an existing contract with KTU+A for design of Carrillo Ranch Phase II. ADOPTION OF ORDINANCE: 6. AB #16,033 - ESTABLISHMENT OF SPEED LIMIT ON RANCH0 BRAVADO. 0750-60 Ron Ball, City Attorney, read the title of Ordinance No. NS-566. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. NS-566, amending Title IO, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44.660 to establish a prima facie 35 mile per hour speed limit upon Ranch0 Bravado from Melrose Drive to its intersection with Paseo Monona AYES: Lewis, Kulchin, Finnila, Nygaard, and Hall. NOES: None. PUBLIC COMMENT: Laurie Boone, 3955 Skyline Road, spoke in support of retaining the date palms on the property of the Monterey Home Owners’ Association. She said that many homeowners are thankful that these date palms are included in the Heritage Tree Study. Michele Levy, 3021 Highland Avenue, asked that a sign be posted in the Cole Library parking lot indicating that the lot is for library patrons only. She expressed concern that some of the shelves in the Cole Library are empty. Ms. Levy asked about the status of the trees on Hillside and Highland Avenues. CONVENE TO CARLSBAD MUNICIPAL WATER DISTRICT MEETING Mayor Lewis recessed to the Carlsbad Municipal Water District Meeting at 6:20 p.m. with President Lewis and all four Board Members present. January 23,200l Carlsbad City Council Meeting Page 3 RECONVENE TO THE CARLSBAD CITY COUNCIL MEETING President Lewis adjourned the Municipal Water District Meeting at 6:25 p.m. and reconvened the City Council Meeting. Mayor Lewis and all four Council Members present. PUBLIC HEARINGS: 7. AB #16,034 - LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING. 0750-60 Lynn Diamond, Senior Management Analyst, presented the staff report. In response to Mayor Pro Tern Kulchin, Ms. Diamond announced the names of those serving on the advisory committee. Mayor Lewis opened the duly notice public hearing at 6:27 p.m. and asked if anyone wished to speak on this matter in any way. No one asked to be heard, so the Mayor closed the public hearing at 6:28 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2001-24 accepting specific projects for funding under the department of justice local law enforcement block grant funding. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard and Hall. None. 8. AB #16,019 - ZCA 00-03 - CHILD CARE ORDINANCE AMENDMENT. 0750-60 Barbara Kennedy, Associate Planner, presented the staff report and presented the following suggested modification to Ordinance No. NS-565: SECTION IV: That the findings of the Planning Commission as set forth in Planning Commission Resolution 4866 constitute the findings of the City Council with the addition of the following clarification to finding #6: The proposed amendment will clarify permitted use limitations for child day care centers to those associated with existing church or school sites and not requiring expansion of the use on those sites. Child day care centers will be allowed as a permitted use when constructed within existing buildings with no increase to building square footage. Any increase to square footage will be considered an expansion of the use and will require an amendment to the conditional use permit for the church or school. Council concurred with Ms. Kennedy’s recommended modification. Mayor Lewis opened the duly notice public hearing at 6:31 p.m. and asked if anyone wished to speak on this matter in any way. No one asked to be heard, so the Mayor closed the public hearing at 6:31 p.m. January 23,200l Carlsbad City Council Meeting Page 4 ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. NS-565 amending Title 21, Sections 21.12.010, 21.83.050(E) and 21.83.060A.2. of the Carlsbad Municipal Code to modify regulations relating to family day care homes and child day care centers; and, that the following modification be included: SECTION IV: That the findings of the Planning Commission as set forth in Planning Commission Resolution 4866 constitute the findings of the City Council with the addition of the following clarification to finding #6: The proposed amendment will clarify permitted use limitations for child day care centers to those associated with existing church or school sites and not requiring expansion of the use on those sites. Child day care centers will be allowed as a permitted use when constructed within existing buildings with no increase to building square footage. Any increase to square footage will be considered an expansion of the use and will require an amendment to the conditional use permit for the church or school. AYES: NOES: Lewis, Kulchin, Finnila, Nygaard and Hall. None. DEPARTMENTAL AND CITY MANAGER REPORTS: 9. AB #16,036 - CONSTRUCTION OF THE VISTAKARLSBAD INTERCEPTOR SEWER REACHES VCSB THROUGH VCIIA, PROJECT NO. 3182, THE SOUTH CARLSBAD VILLAGE STORM DRAIN. PROJECT NO. 3528, AND PAVEMENT OVERLAY, PROJECT NO. 3667. 0750-60 (Citing a possible conflict of interest, Council Member Hall left the dias.) Terry Smith, Project Manager, presented the staff report. Extensive discussion ensued between Council and staff regarding Meyer Polymer Concrete Pipe and concrete pressure pipe. Staff noted that concrete pressure pipe was specified in the bid documents and that U.S. ,standards have not been created for Meyer Pipe. Mr. Smith explained staffs recommendation that the construction contract be awarded to Steve Bubalo Construction Company, Inc., the low bidder. Mayor Lewis expressed concern that Bubalo bid the job with Meyer Polymer Concrete Pipe and it was only after they were declared the low bidder that they agreed to provide concrete pressure pipe instead. Mayor Lewis felt that this action resulted in Bubalo having an unfair advantage over the other bidders. Jeff Anderson, representing the second low bidder, Vadnais Corporation, spoke in support of the bid being awarded to his company. January 23,200l Carlsbad City Council Meeting Page 5 Mark Hargan, 610 Newport Center Drive, Suite 700, Newport Beach, legal representative for Steve Bubalo Construction Company, said there have been no inequities on the part of his client and said the bid should be award to Bubalo Construction. He noted that they are happy to do the project for the price quoted, using concrete pipe. Jeff Anderson, representing Vadnais Corporation, the second low bidder, said the Meyer Polymer Concrete Pipe was not specified in the bid documents and should not be allowed. He spoke in support of Council awarding the contract to Vadnais Corporation. Mark Hadden, Arter & Hadden, Attorneys at Law, legal representative for Bubalo Construction, explained there have been no inequities on the part of his client. He spoke in support of Council awarding the contract to Bubalo Construction. Mr. Hadden noted that Bubalo is happy to execute the contract at their bidded price. John Schiller, Vice President and General Manager, Steve Bubalo Construction Company, 128 East Live Oak Avenue, Monrovia, said it was his decision on bid day to submit the bid with Meyer Polymer Concrete Pipe. He noted that all city procedures were followed and Bubalo Construction has agreed to use the concrete pipe without increasing their bid price. Mr. Schiller said they have been in business for 42 years and have not been involved in a lawsuit in over 16 years. (Council Member Finnila left the meeting at 7:lO p.m.) James Dierking, 5 Park Plaza, Irvine, representing Meyer Pipe, explained that their product should be accepted. He expressed concern for misunderstandings of their product and asked for the opportunity to conduct tests to show that Meyer Polymer Concrete Pipe meets or exceeds all requirements in the bid specifications. Mr. Dierking noted that the three largest cities in California have successfully used Meyer Polymer Concrete Pipe. Mayor Lewis reiterated his concerns regarding Bubalo Construction having an unfair advantage and their bid should be rejected. He spoke in support of awarding the contract to the second lowest bidder, Vadnais Corporation, and if that bid is unacceptable, the project should be rebid. In response to Council, Lloyd Hubbs, Director of Public Works, explained that staffs evaluation of Meyer Polymer Concrete Pipe is that it has not been U. S. certified. He explained that San Diego, Los Angeles and San Francisco have used Meyer Polymer Concrete Pipe; however, those cities have the staff to research and approve new products. Mr. Hubbs explained that Bubalo Construction had the legal right, as did other bidders, to submit an alternative product. He noted that Bubalo’s representative has indicated their willingness to provide the specified concrete pipe and honor their bid price. January 23,200l Carlsbad City Council Meeting Page 6 Terry Smith, Project Manager, responded to Ron Ball, City Attorney, and addressed each issue in the correspondence from After & Hadden, Attorneys at Law, dated January 22, 2001 (on file in the City Clerks Office). Mr. Smith noted that staff would be responding in writing to the January 22”d correspondence. MOTION: Moved by Mayor Lewis that Council award this contract to the second lowest bidder, Vadnais Corporation. The motion failed due to the lack of a second. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2001-25 accepting bids and awarding the construction contract the for the Vista/Carlsbad Interceptor Sewer Reaches VCSB through VC1 1 A, Project No. 3182, the South Carlsbad Village Storm Drain Project No. 3528 and Pavement Overlay Project No. 3667. AYES: Kulchin and Nygaard. NOES: Lewis. ABSENT: Hall and Finnila. (Council Member Hall returned to the dais at this time.) 10. AB #16,035 - ESTABLISH AN ALL-WAY STOP AT TWO INTERSECTIONS ON PLUM TREE ROAD. 0750-60 Bob Johnson, Deputy City Engineer, presented the staff report. Ray Montiel, 1250 Plum Tree, spoke in support of staffs recommendation. ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NO. NS-567, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require stops at two locations on Plum Tree Road. AYES: NOES: ABSENT: ACTION: Lewis, Kulchin and Nygaard. Hall. Finnila. On a motion by Mayor Pro Tern Kulchin, Council introduced ORDINANCE NS-568, amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code by the revision of Section 10.28.440 requiring stops for streets intersecting Plum Tree Road. AYES: Lewis, Kulchin, Nygaard, and Hall. NOES: None. ABSENT: Finnila. January 23,200l Carlsbad City Council Meeting Page 7 Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming events: Wednesday, January 24,200l - 10 a.m. Memorial Service for Retired Police Captain George Suttle San Dieguito Methodist Church 170 Calle Magdelena, Encinitas Thursday, January 25,200l - 2:30 p.m. Community Development Annual Peer Awards City of Carlsbad Faraday Center 1635 Faraday Avenue, Carlsbad Tuesday, January 30,200l - 7:30 a.m. Carlsbad Chamber of Commerce State of the Chamber Event La Costa Resort 2100 Costa Del Mar Road, Carlsbad Thursday, February 1,200l - 6:30 p.m. City of Carlsbad Citizens Academy City of Carlsbad Faraday Center 1635 Faraday Avenue, Carlsbad Tuesday, February 6,200l - 8 a.m. Carlsbad City Council Annual Goal Setting Workshop Grand Pacific Palisades Terrace Conference Room 5805 Armada Drive, Carlsbad Wednesday, February 7,200l - 8 a.m. Carlsbad City Council Annual Goal Setting Workshop Grand Pacific Palisades Terrace Conference Room 5805 Armada Drive, Carlsbad COUNCIL COMMENTS: None CITY MANAGER COMMENTS: None January 23,200l Carlsbad City Council Meeting Page 8 CITY ATTORNEY COMMENTS: None ADJOURNMENT. By proper motion, the Regular Meeting of January 23, 2001 was adjourned at 7:47 p.m. in memory of Retired Police Captain George Suttle. Respectfully submitted, CITY CLERK Janice Breitenfeld Deputy City Clerk