HomeMy WebLinkAbout2004-02-03; City Council; MinutesMINUTES
MEETING OF :
DATE OF MEETING: FEBRUARY 3,2004
TIME OF MEETING: 6:OO p.m.
PLACE OF MEETING:
CITY COUNCIL (Regular 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:
Absent: None.
Lewis, Finnila, Kulchin, Hall and Packard.
LEGISLATIVE INVOCATION:
Mayor Lewis offered the invocation.
PLEDGE OF ALLEGIANCE:
Council Member Kulchin led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Finnila, minutes of the following meetings were
unanimously approved as presented:
Minutes of the Special Meetings held January 13, 2004.
Minutes of the Regular Meeting held January 13, 2004.
Minutes of the Joint Special Meeting held January 13, 2004.
PRESENTATIONS:
Mayor Lewis presented a Proclamation to Bill Mascenik, of the Innovations Group, for
his outstanding work in assisting local government.
CONSENT CALENDAR:
Item Nos. 1, 2, 6 and 8 were pulled for discussion.
ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action
of the Consent Calendar, Items #3 through #5, #7 and #9, as
follows:
AYES:
NOES:
Lewis, Finnila, Kulchin, Hall and Packard.
Packard (Item No. 7 only.)
Council Member Packard asked that the record show that he voted “No” on Consent
Calendar Item #7.
February 3,2004 Carlsbad City Council Meeting Page 2
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1.
2.
3.
4.
5.
6.
7.
8.
AB #17,479 -ACCEPTANCE OF DONATION.
This item was pulled for discussion.
AB #17,480 -ACCEPTANCE OF DONATION.
This item was pulled for discussion.
AB #17,481- REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer‘s report on City investments as of
December 31,2003.
AB #17,482 -APPROVAL OF PURCHASE OF VEHICLES.
Council adopted RESOLUTION NO. 2004-031, approving the purchase of five
police patrol vehicles from Ken Grody Ford.
AB #17,493 -APPROVAL OF PURCHASE OF AFFORDABLE HOUSING
CREDITS - CT 02-27.
Council adopted RESOLUTION NO. 2004-037, approving a request by SCI
Enterprises, LLC, to purchase two affordable housing credits in the Villa Loma
Housing Project in order to satisfy the affordable housing obligation of the La
Costa Fairway Condominiums Project.
AB #17,483 - MEDIAN MAINTENANCE SERVICES.
This item was pulled for discussion.
AB #I 7,484 - AUTHORIZE PURCHASE OF 3322 MADISON STREET - APN 204-
093-02.
Council adopted RESOLUTION NO. 2004-033, authorizing the execution of all
documents associated with the purchase and transfer of interest in 3322
Madison Street from Monica P. Mier, and approving appropriation of funding
from the Park In Lieu Fund - NW Quadrant, for the purchase and payment of
associated fees and expenses.
Council Member Packard asked that the record show that he voted “No” on this
item.
AB #17,485 - HEATING, VENTILATION AND AIR CONDITIONING (HVAC]
SERVl CES.
This item was pulled for discussion.
February 3,2004 Carlsbad City Council Meeting Page 3
9. AB #17,486 -AMENDMENT TO LICENSE WITH NORTH SAN DlEGO COUNTY
TRANSIT DEVELOPMENT (NCTD) BOARD - CUP 99-30.
Council adopted RESOLUTION NO. 2004-035, authorizing the execution of the
Amendment to License between the City and NCTD Board for the construction
and maintenance of median improvements within the Cannon Road grade
crossing required by the Cannon Court Project.
DISCUSSION OF CONSENT CALENDAR ITEMS:
1. AB #17,479 - ACCEPTANCE OF DONATION.
Council Member Kulchin expressed appreciation for the donation of $1 000 received
from Kiera Vashon in support of the Centro de Informacion.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2004-029, accepting a donation from Kiera
Vashon in support of the Centro de Informacion, and appropriating
the funds to the Library Gifts and Bequests account.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
2. AB #17,480 -ACCEPTANCE OF DONATION.
Council Member Kulchin expressed appreciation for the donation of $2000 received
from the Carlsbad Christmas Bureau to be used for playground equipment at the
Northwest Quadrant (Pine) Park Tot-Lot.
ACTION: On a motion by Council Member Kulchin, Council adopted
RESOLUTION NO. 2004-030, accepting a donation of $2000 from
the Carlsbad Christmas Bureau in support of the Northwest
Quadrant (Pine) Park Tot-Lot, and appropriating the funds to the
Pine School Capital Project account.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
6. AB #17,483 - MEDIAN MAINTENANCE SERVICES.
Brett Horan of TruGreen Landcare came forward to address council regarding the staff
recommendation for award of the contract for median maintenance. Mr. Horan stated that TruGreen has been performing the maintenance services for eighteen months, and
acknowledged that some of the medians are currently in sub-standard condition. Mr.
Horan stated that there are several medians with irrigation problems, which TruGreen
has brought to the City’s attention.
February 3,2004 Carlsbad City Council Meeting Page 4
Mr. Horan stated that, if TruGreen were awarded the contract, the medians would be
brought to a standard that everyone could be proud of. Mr. Horan also stated that if
TruGreen is awarded the contract and the options are fully executed, the City would
save in excess of $50,000 over the term of the contract.
Council Member Hall asked for clarification on the $50,000 savings since the bids were
approximately $5,000 apart.
Mr. Horan responded that the bids included an enhancement number for work in
addition to maintenance. He stated that in maintenance costs alone, year to year,
TruGreen’s proposal was $124,000 and Westturfs was $1 37,000. The difference
would result in an annual savings to the City of $12,684, if TruGreen were selected, and
if the 3 option years were executed the total savings would increase to $50,736.
Council Member Hall asked staff for clarification on the $50,000 savings since the staff
report reflects a $5,000 difference in the bids.
Doug Duncanson, Deputy Public Works Director responded that the proposed contract
asked for a bid for the clean up of the current condition, and for annual maintenance,
which is shown in the $134,000 figure on the agenda bill. If the clean up costs were
removed from the contract, the cost figures would change. However, Mr. Duncanson
stated that the medians need the remedial care to raise them to Carlsbad standards.
Scott Carroll, Management Analyst, stated that after checking references and doing the
Best Value evaluation on the entire bid, staff determined that Westturf‘s bid provided
the Best Value for the City of Carlsbad. He also explained the process used to
determine Best Value.
Mayor Pro Tem Finnila inquired if there were omissions in TruGreen’s landscape bid,
and staff confirmed that there were.
Council Member Kulchin asked if TruGreen had been informed that their performance
was not up to Carlsbad standards.
Mr. Carroll responded that yes, they were informed via e-mail and letters.
Council Member Packard asked if TruGreen had been held accountable for those
medians with the irrigation problems that were beyond their control.
Mr. Duncanson responded that staff knew that some areas had deficiencies, and that
only about 5% of Carlsbad’s medians had the irrigation problem. He stated that the
condition of the rest of the medians that have been maintained by TruGreen did not
meet City standards.
Mayor Lewis inquired if all interested contractors had been called in for a pre-bid
briefing so that they knew exactly what would be required of them. Staff confirmed that
did take place.
February 3,2004 Carlsbad City Council Meeting Page 5
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-032, accepting the bid proposal and
awarding the contract to Westturf Landscape Maintenance for city-
wide median maintenance services.
Lewis, Finnila, Kulchin, Hall and Packard AYES:
NOES: None.
8. AB #17.485 - HEATING, VENTILATION AND AIR CONDITIONING (HVAC)
S E RVI C ES .
Debbie Mendes, owner of Coastal Heating and Air Conditioning, 1242 Kirmar Place,
Oceanside, CA, came forward to address Council regarding the staff recommendation.
She requested clarification regarding the City’s procurement procedures, specifically
Chapter 3.28 of the Carlsbad Municipal Code, and certain California Public Contract
Codes relating to Public Works procurement procedures. Ms. Mendes also requested
that the City provide details and documentation as to the City’s participation in awarding
contracts to companied owned by minorities and women.
Ms. Mendes also asked for clarification regarding the City’s Best Value criteria and what
City Ordinance gives staff the authority to re-design the bid process. She stated that
her company was the apparent low bidder on this project, and requested that Council
not award the contract to Seaside Heating and Air Conditioning.
Judy Bailey, owner of Coastal Heating and Air Conditioning, 1242 Kirmar Place,
Oceanside, CA, came forward to contest the contract award to Seaside Heating & Air
Conditioning. She stated that Coastal Heating and Air Conditioning was the apparent
low bidder on the contract but felt that the City’s bidding process seemed to favor
Seaside Heating and Air. She also requested clarification of the criteria used for
evaluation of the bids.
Mayor Pro Tem Finnila asked staff to explain the City’s procedures for determining the
criteria for Best Value, and also to explain what regulations apply to the award of this
contract.
Ron Ball, City Attorney responded that this is a Maintenance Contract, not a Public
Works Contract, and that the Public Works Code in California is used for Public Works
contracts, which are to be awarded to the lowest responsible bidder. He stated that in
this case, the Public Works Code does not apply, and the local entity is able to
establish its own procedures. He stated that the City’s Best Value procedures have
been adopted over the past several years.
Lloyd Hubbs, Public Works Director explained the Best Value process, which
establishes evaluation criteria that are important for obtaining the best company overall
for the project. He stated that it is very common for staff to prepare specifications for
any particular type of bid, and that each project has its own technical criteria. Mr.
Hubbs also stated that Mr. Doug Duncanson, Mr. Dale Schuck, and a representative
from the City of La Mesa were the raters for this bid.
February 3,2004 Carlsbad City Council Meeting Page 6
Council Member Kulchin requested an explanation of the rating process and also
requested confirmation that Coastal Heating and Air Conditioning was the low bidder.
Lloyd Hubbs, Deputy Public Works Director, responded that the bid from Coastal was
the lowest, however, he noted that there were clerical errors in the totals they
submitted, which were considered during the evaluation.
Dale Schuck, Public Works Supervisor, explained the rating process and the criteria
used to evaluate the bids. He stated that these criteria were established before the
Request for Proposals was issued.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-034, accepting the proposal and
awarding the agreement to Seaside Heating & Air Conditioning,
Inc., for the maintenance of City (HVAC) systems and related
equipment.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
ORDINANCE FOR ADOPTION:
10.AB #17,487 -APPROVAL OF ZONE CHANGE FOR THE TWIN D RECYCLED
WATER PUMP STATION - ZC 03-07.
City Attorney, Ron Ball presented staff report.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. NS-678, amending Section 21.05.030 of the
Carlsbad Municipal Code by an amendment to the zoning map to
grant a zone change from Limited Control (L-C) to Single-Family
Residential (R-I) on property generally located on the east side of
Black Rail Road, south of Poinsettia Lane in Local Facilities
Management Zone 20.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
1 I .AB #17,488 - CITY COUNCIL COMPENSATION.
City Attorney, Ron Ball presented staff report.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. NS-689, amending Title 2, Chapter 2.04 of the
Carlsbad Municipal Code by the amendment of Section 2.04.010 to
February 3,2004 Carlsbad City Council Meeting Page 7
increase the compensation of the Mayor and Members of the City
Council, effective after the November, 2004 general election.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
12.AB #17.489 - CANNON LIFT ZONE CHANGE - ZC 03-02.
City Attorney, Ron Ball presented staff report.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
ORDINANCE NO. NS-691, amending Section 21.05.030 of the
Carlsbad Municipal Code by an amendment to the zoning map to
grant a zone change, ZC 03-02, from R-3-Q to 0-S on property
generally located on the southeast side of Cannon Road, west of El
Camino Real in Local Facilities Management Zone 8.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
PUBLIC COMMENT:
Michelle Levy, 3021 Highland Drive, spoke regarding Blue Heron birds at 1601 Oak.
Ms. Levy was concerned that the new developer of 1601 Oak will be constructing two
houses during the 3 month time period that the birds return to their nests. Ms. Levy’s
concern is that the noise from the construction will keep the birds from returning to their
nesting area.
Mayor Pro Tem Finnila gave Ms. Levy the phone number for Wildlife Assist (858) 653-
7300 and advised Ms. Levy to contact this organization for assistance.
PUBLIC HEARINGS:
13.AB #17,490 - AT&T WIRELESS - CUP 03-22.
Ron Ball, City Attorney recommended that this Agenda Item be continued for two weeks
in order to give applicant the opportunity to be present.
Mayor Lewis opened the duly noticed public hearing and asked if anyone would like to
speak regarding this item. No one asked to be heard.
ACTION: On a motion by Mayor Pro Tem Finnila, Council continued this
public hearing to February 17, 2004.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
February 3,2004 Carlsbad City Council Meeting Page 8
14.AB #17,491 -VILLAGES OF LA COSTA NEIGHBORHOOD 3.9 - PUD 01-08(6).
Saima Qureshy, Associate Planner presented staff report and reviewed a Power Point
Presentation (on file in the City Clerk‘s Office).
Council Member Hall asked if any type of notification would be made to homeowners
regarding the commercial shopping center that will be going in to the south of this
property.
Ms. Qureshy stated that there is currently no requirement for disclosure.
Mayor Pro Tem Finnila asked if there would be any pedestrian connection between 3.9
and the commercial site.
Jack Henthorn of 5365 Avenida Encinas, Suite A, representing K. Hovnanian, the
applicant, came forward to address Council. Mr. Henthorn stated that he believed the
project CC&R’s currently contain language relating to disclosure of the commercial use
on the Maag site. He indicated that language is not in the CC&R’s, the applicant is
willing to include a disclosure item relative to the commercial usage on the Maag site to
. the CC&R’s. Mr. Henthorn also addressed the issue of a pedestrian connection. He
stated that the only pedestrian connection currently envisioned is a sidewalk and a
traffic signal that is adjacent to the project on Rancho Santa Fe Road.
Fred Arbuckle of Morrow Development, 1903 Wright Place, Carlsbad came forward to
describe routes to the shopping area from Villages of La Costa Neighborhood 3.9.
Mayor Lewis suggested that applicant be required to display a sign at the sales ofice to
show the location and commercial designation of the Maag property.
Mayor Lewis opened the duly noticed public hearing at 7:14 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at
7:14 p.m.
ACTION: On a motion by Mayor Pro Tem Finnila, Council adopted
RESOLUTION NO. 2004-036, approving an amendment to
Planned Development Permit PUD 01-08(8) to approve building
floor plans, elevations and plotting for 90 single-family detached
homes generally located on the west side of re-aligned Rancho
Santa Fe Road and on the east and south sides of neighborhood
3.8, within the La Costa Oaks South Village, neighborhood 3.9 of
the Villages of La Costa Master Plan, in Local Facilities
Management Zone 1 1 ; as amended to include the following
condition:
Use Map, or an alternative, suitable to the Planning Director, in the
sales office at all times. All sales maps that are distributed or made
available to the public shall include but not be limited to trails,
“Developer shall display a current Zoning and Land
February 3,2004 Carlsbad City Council Meeting Page 9
future and existing schools, parks, planned commercial areas, and
streets.”
Lewis, Finnila, Kulchin, Hall and Packard
None.
RECESS:
Mayor Lewis declared a recess at 7:18 p.m. Council reconvened at 7:26 p.m. with all
members present.
15.AB #17,492 - KlRGlS TENTATIVE MAP - GPA 03-01/ZC 03-01/LCPA 03-01/CT
02-06/PUD 02-02/CDP 02-05IHDP 02-01.
Christer Westman, Senior Planner presented staff report. Mr. Westman also brought to
Council’s attention revised language for Finding One of Planning Commission
Resolution No. 5531, which should read ... “ in that the proposed hillside grading will
result in a substantial alteration of topography with 36,000 cubic yards of cut, 8,700
cubic yards of export, a maximum cut condition of 33 feet in height and maximum fill
condition of 26 feet.”
Council Member Hall commented regarding the environmental constraints on the site.
Christer Westman, Senior Planner explained that due to Coastal Commission
requirements, seventy five percent of the land must be retained as open space, and
that habitat mitigation is still required for the remaining twenty five percent of the site.
Mayor Pro Tem Finnila asked the appellant to explain what is indicated by the different
colors on the Map of CT-02-06 that he provided to Council.
Appellant, Robert Wilson of 4739 Amberwood Court, Carlsbad came forward to address
Council. Mr. Wilson stated that since there appeared to be some concerns as to the
size of the structures that will be built, he was willing to agree that lots one, two and
three, would be limited to single story residences, and lots four and five would be two
story with a 30” height limitation.
Council Member Hall asked Mr. Wilson if there are any plans for tennis courts on the
lots, and expressed concern regarding placement of tall fencing on the view lots.
Mr. Wilson answered that he was not sure at this time, but that CC&R’s would be
written to ensure that nothing unsightly would be allowed in the project.
Brian C. Regan of Shamrock Environmental Design & Development, 181 I Rock
Springs Road, San Marcos, CAI came forward and gave history of project. Mr. Regan
explained the map (on file in City Clerks office) that was distributed to Council as
follows: The red crosshatched pattern indicated the fire set back which is 60 feet from
the edge of the grading envelope; the dark blue crosshatched pattern indicated the
setback that is required in the hillside area for home sites which is a 21’ setback; and
the white area is the buildable pad.
February 3,2004 Carlsbad City Council Meeting Page 10
Mayor Pro Tern Finnila inquired regarding the width of road into the development.
Mr. Regan responded that the road into the cul-de-sac is 60 feet wide.
Mayor Lewis opened the duly noticed public hearing at 754 p.m. and asked if anyone
would like to speak.
Seeing no one wishing to speak, Mayor Lewis closed the duly noticed public hearing at
754 p.m.
Council Member Hall requested that the Appellant's color-coded map of CT 02-06,
depicting the setbacks, be included in the record of the proceedings.
ACTION: On a motion by Mayor Pro Tem Finnila, Council directed the City
Attorney to prepare documents granting the appeal, including
acceptance of the restrictions suggested by the appellant to limit
Lots One, Two and Three to single story, and Lots Four and Five to
two story, with a 30 foot height limitation.
AYES:
NOES: None.
Lewis, Finnila, Kulchin, Hall and Packard
DEPARTMENTAL AND CITY MANAGER REPORTS: None.
COUNCIL REPORTS AND COMMENTS:
Council Members provided updates regarding their various committees.
ANNOUNCEMENTS:
Lorraine Wood, City Clerk, announced that Council Members have been invited to
attend, and may be participating in the following events:
Thursday, February 5,2004 - 2 p.m.
La Costa Glen Assisted Living and Skilled Nursing Facilities Ribbon Cutting
1950 Calle Barcelona
Carlsbad, California
Thursday, February 5,2004 - 5 p.m.
Carlsbad Citizens' Academy
City Hall, 1200 Carlsbad Village Drive
Carlsbad, California
CITY MANAGER COMMENTS: None.
CITY ATTORNEY COMMENTS: None.
February 3 , 2004 Carlsbad City Council Meeting Page 11
ADJOURNMENT:
By proper motion, the Regular Meeting of February 3, 2004 was adjourned at 8:12 p.m.
City Clerk
Sheila Cobian
Minutes Clerk