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Home My WebLink About2008-06-24; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: June 24, 2008 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Lewis, Kulchin, Hall, Packard and Nygaard. Absent: None. PRESENTATION: Mayor Lewis presented a retirement proclamation to Connie Kneisel in recognition of her many years of service. Ms. Kneisel expressed her appreciation for being given the opportunity to work at the Library. CONSENT CALENDAR: Item No. 6 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #5 and #7 through #12 as follows: AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #19.483 -ACCEPTANCE OF DONATIONS TO THE PARKS MEMORIAL BENCHATREE PROGRAM. Council adopted RESOLUTION NO. 2008-176. accepting donations in Fiscal Year 2007-08 to the Parks Memorial Bench/Tree Program and appropriating funds. 2. AB #19.484 - CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT. Council adopted RESOLUTION NO. 2008-177. approving the annual report of the Carlsbad Tourism Business Improvement District, and continuing the programs and assessments for Fiscal Year 2008-09. June 24, 2008 Carlsbad City Council Meeting Page 2 3. AB #19.485 - NOTICE OF COMPLETION FOR CONSTRUCTION OF THE SEWER ACCESS HOLE REHABILITATION IN THE NORTHEAST QUADRANT. Council adopted RESOLUTION NO. 2008-178. accepting the construction of the Sewer Access Hole Rehabilitation Northeast Quadrant Project as complete, and directing the City Clerk to record the Notice of Completion, Project No. 9101. 4. AB #19.486 -APPROVE AGREEMENTS FOR AS-NEEDED MATERIALS TESTING SERVICES. Council adopted RESOLUTION NO. 2008-179. approving agreements with Southern California Soils and Testing Inc., and Kleinfelder West, Inc. for as-needed materials testing services. 5. AB #19.487 - APPROVE AGREEMENTS FOR AS-NEEDED CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES. Council adopted RESOLUTION NO. 2008-180. approving agreements with Simon Wong Engineering, Inc., and Infrastructure Engineering Corporation for as-needed construction management and inspection services. 6. AB #19.488 -AWARD OF CONTRACT FOR CONSTRUCTION OF THE 2008 ARAM AND SLURRY SEAL RPOJECT. This item was pulled for discussion. 7. AB #19.489 -AWARD OF CONTRACT FOR THE CONSTRUCTION OF A TRAFFIC SIGNAL AT CALLE BARCELONA AND PASEO AVELLANO. Council adopted RESOLUTION NO. 2008-182. accepting bids and awarding a contract to T&M Electric, Inc. for the construction of a traffic signal at Calle Barcelona and Paseo Avellano, Project No. 6306-1. 8. AB #19.491 - REVISION OF COUNCIL POLICY NO. 72 REGARDING MOBILE HANDHELD DEVICES. Council adopted RESOLUTION NO. 2008-184. revising Council Policy No. 72 regarding mobile handheld devices to comply with California Senate Bill 1613, effective July 1, 2008. 9. AB #19.492 - BUENA VISTA CHANNEL MAINTENANCE DISTRICT ANNUAL ASSESSMENTS. Council adopted RESOLUTION NO. 2008-185. adopting the annual benefit assessments for the Buena Vista Channel Maintenance District, Benefit Area No. 1. 10. AB #19.493 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of May 31, 2008. 11. AB #19.494 - APPROVE APPLICATON FOR USED OIL BLOCK GRANT FUNDS. Council adopted RESOLUTION NO. 2008-186. approving the application for Used Oil Block Grant Funds from the California Integrated Waste Management Board, and authorizing the appropriation of funds. June 24, 2008 Carlsbad City Council Meeting Page 3 12. AB #19.495 - RENEWAL OF LIABILITY INSURANCE COVERAGE. Council adopted RESOLUTION NO. 2008-187. approving the renewal of liability insurance coverage through the California Municipal Excess Liability Program (CAMEL). DISCUSSION OF CONSENT CALENDAR ITEM: 6. AB #19.488 -AWARD OF CONTRACT FOR CONSTRUCTION OF THE 2008 ARAM AND SLURRY SEAL RPOJECT. John Corcoran representing Manhole Adjusting Inc., came forward to address Council. Mr. Corcoran stated he was concerned that his company was not given the opportunity to provide a competitive bid on the ARAM (Asphalt Rubber Aggregate Membrane) and Slurry Seal Project. He explained that his company provided a bid strictly for the ARAM that was specified in the bid documents. He further explained that had his company known that substitute materials were acceptable, his company would have bid the same product that was included in the bid submitted by Copp Contracting. In conclusion, Mr. Corcoran stated that the City should specify in its bid request what items are acceptable. Discussion ensued between Council Member Hall and Mr. Corcoran regarding the terminology, application, and performance of the alternative product known as Terminal Blend. Referencing the Public Contract Code, Council Member Hall commented that companies can legally offer any material, process or equipment considered to be equivalent to that indicated in the bid documents. Dennis Copp, President of Copp Contracting came forward to address Council. Mr. Copp explained that his company along with Manhole Adjusting Inc., recently competed for a contract in Diamond Bar, California. He further explained that both companies bid the project with the Terminal Blend product and that Copp Contracting was the low bid on that project as well. In response to an inquiry from Mayor Lewis, Mr. Copp explained that the Terminal Blend product is less expensive to acquire than the ARAM product. John Azurra, General Manager for Paramount Petroleum, came forward to address Council. In response to an inquiry from Council Member Packard, Mr. Azurra stated that his company is a refinery that provides liquid asphalt. Wayne Church, Asphalt Marketer for Paramount Petroleum, explained that Terminal Blend has been approved by CalTrans and was used in Imperial Valley. He added that this product has been used in other states for several years. Jon Schauble, Associate Engineer, and Eva Plazjer, Senior Engineer gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk). June 24, 2008 Carlsbad City Council Meeting Page 4 Mr. Schauble gave an overview of the types of Chip Seal, ARAM and Terminal Blend products. In response to an inquiry from Council Member Nygaard, City Attorney Ron Ball confirmed that the City is required to accept an equal product in a bid. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-181. accepting the bids and awarding a contract to Copp Contracting for construction of the 2008 ARAM and Slurry Seal Project No. 6001 (08SSS). AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ORDINANCES FOR ADOPTION: 13. AB #19.496 - AMENDMENT TO CARLSBAD MUNICIPAL CODE. REINSTATING THE MAJORITY OF THE QUORUM FOR THE CONDUCT OF BUSINESS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. CS-001. amending Sections 1.20.090 and 1.20.520 of the Carlsbad Municipal Code by reinstituting the majority of the quorum decision making process for all matters of local concern. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. 14. AB #19.497 - PALOMAR AIRPORT ROAD DRIVEWAY. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted ORDINANCE NO. NS-893. amending the Carlsbad Ranch Specific Plan (SP 207(G)) Planning Area 7 (The Flower Fields), to allow for a second driveway access for ingress only into the Armstrong Garden Center/Flower Fields property from Palomar Airport Road on property located northeast of Palomar Airport Road and Paseo del Norte. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. PUBLIC COMMENT: Michele Levy of Carlsbad, came forward to address Council. She urged the Council and the City to move forward on a Fire Master Plan. June 24, 2008 Carlsbad City Council Meeting Page 5 PUBLIC HEARINGS: 15. AB #19.498 - STREET LIGHTING AND LANDSCAPING DISTRICT 1. Aaron Beanan, Accountant gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk.) Mr. Beanan explained that District No. 1 maintains street lighting, street trees and median landscaping zones. He added that the median landscaping improvement zone will be receiving a loan from City's Operating Budget which will assist with anticipated upcoming costs for fiscal year 2008-09. He further added that staff is reviewing District No. 1's funding challenges. Mr. Beanan reported there were no written or oral protests received by the City. In response to an inquiry from Council Member Nygaard, Mr. Beanan replied that the Consumer Price Index can be applied to District No. 2, but cannot be applied to District No. 1. Mayor Lewis opened the duly noticed Public Hearing at 6:50 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:50 p.m. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-188. confirming the diagram and assessment and providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 1. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. 16. AB #19.499 - STREET LIGHTING AND LANDSCAPING DISTRICT 2. Aaron Beanan, Accountant, gave the staff report and PowerPoint Presentation (on file in the Office of the City Clerk.) Mr. Beanan stated that each new development within the city is considered its own separate zone in District No. 2. He added there are currently 10 benefit zones in which, a maximum and an actual assessment rate is calculated each year. Mr. Beanan continued that the maximum assessment rate can be increased each year by the San Diego County All Urban Consumer's CPI. He explained that the actual assessment rate in the District for Fiscal Year 2008-09 is less than the maximum because homeowners associations maintain portions of the improvements and because some of the zones are still developing. Mr. Beanan added that the assessments vary between each zone based on density of the development and the amounts and types of improvements. June 24, 2008 Carlsbad City Council Meeting Page 6 Mr. Beanan reported there were no written or oral protests received by the City. Mayor Lewis opened the duly noticed Public Hearing at 6:53 p.m. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:53 p.m. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2008-189. confirming the diagram and assessment and providing for the levy of the annual assessment for Street Lighting and Landscaping District No. 2. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL. CARLSBAD MUNICIPAL WATER DISTRICT AND HOUSING AND REDEVELOPMENT COMMISSION Mayor Lewis adjourned to the Special Meeting of the City Council, Municipal Water District and Housing and Redevelopment Commission at 6:55 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Municipal Water District and reconvened the City Council Meeting at 10:33 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 17. AB #19.501 - APPOINTMENTS TO THE ARTS COMMISSION. ACTION: On a motion by Mayor Lewis, Council adopted RESOLUTION NO. 2008-196. re-appointing Barbara Iserloth to the Arts Commission; and, Adopted RESOLUTION NO. 2008-197. re-appointing Sherman DeForest to the Arts Commission; and, Adopted RESOLUTION NO. 2008-198. appointing Sibylla Voll to the Arts Commission. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. COUNCIL REPORTS AND COMMENTS: Mayor Lewis and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. CITY MANAGER COMMENTS: None. June 24, 2008 Carlsbad City Council Meeting Page 7 CITY ATTORNEY COMMENTS: None. ANNOUNCEMENTS: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Wednesday, June 25, 2008 at 6:00 p.m. Mayor Jerry Sanders Re-election Event Sheraton Carlsbad 5480 Grand Pacific Drive Carlsbad, California Thursday, June 26, 2008 at 5:15 p.m. Pam Pretz Retirement Event The Crossings at Carlsbad 5800 The Crossings Drive Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of June 24, 2008 was adjourned at 10:34 p.m. LORRAINE M. WOOD, CMC City Clerk Shelia R. Cobian Deputy City Clerk