HomeMy WebLinkAbout2021-06-10; Carlsbad Ranch Maintenance Association II Balance Due for Trash Services Provided During the COVID-19 Pandemic (District 2); Gomez, PazTo the members of the:
CIT'( COUNCIL
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June 10, 2021
Council Memorandum
To: Honorable Mayor Hall and Members of the City Council
Via: Geoff Patnoe, Assistant City Manager ·
{cityof
Carlsbad
Memo ID #2021116
From: Paz Gomez, Deputy City Manager, Pub~ic orks
Re: Carlsbad Ranch Maintenance Associa n II Balance Due for Trash Services
Provided During the COVID-19 Pandemic (District 2)
This memorandum provides information on a Carlsbad Ranch Maintenance Association II
(CRMA II) balance due for trash removal services on Armada Drive provided by a city contractor
during the COVID-19 pandemic between March 18, 2020 and July 20, 2020.
Background
In early March 2020, during a time when the beaches and city trails were closed in response to
COVID-19, staff received complaints of overflowing trash from six trash cans located on the
west side of Armada Drive. The trash cans are located along the retaining walls that directly
overlook the Flower Fields. The nearest cross streets to this area are the north and south
intersections of Armada Drive and Fleet Street. Since the city maintains that CRMA II has always
been responsible for emptying the trash cans, even during COVID-19, staff contacted the
CRMA II Property Manager and requested they provide additional trash removal service.
However, the additional service did not occur and the problem remained.
Given the COVID-19 state of emergency in March 2020, and the immediate need for trash pick-
up, staff initiated a temporary stop-gap measure on March 18, 2020, utilizing the city's litter
removal c;ontractor to remove the trash to prevent it from entering the storm drains, which
would have violated the city's National Pollutant Discharge Elimination System stormwater
permit.
From mid-March 2020 to July 2020, staff continued to receive complaints about the trash in the
Armada Drive area and CRMA II continued to not provide the required service. Consequently,
staff continued to dispatch the city's litter removal contractor. From March 18, 2020, through
July 20, 2020, the contractor serviced the trash cans 20 times at a total cost of $1,340.
Staff invoiced CRMA II for the balance owed (Attachment A) and corresponded with the
Property Manager (Attachments B to D), but the balance remains unpaid. CRMA II replied with
Attachment E, in which they allege they are not responsible for the invoice.
Public Works Branch
Transportation Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2980 t
Council Memo -CRMA II Balance Due for Trash Services Provided During the Pandemic
June 10, 2021
Page 2
Next Steps
Staff will respond to the CRMA ll's most recent letter explaining that, since time was of the
essence, no contract with the CRMA II was executed for the trash pickup services described
above. Staff will further explain how the city will make a one-time exception, in light of the
COVID-19 emergency, and not charge the association for the $1,340 city-incurred trash removal
expenses. However, staff will reiterate that, moving forward, CRMA II remains financially
responsible for emptying these trash cans.
Attachments: A. Accounts Receivable -CRMA II
B. City of Carlsbad letter dated July 20, 2020
C. City of Carlsbad letter dated August 3, 2020
D. City of Carlsbad letter dated May 25, 2021
E. CRMA II letter dated May 28, 2021
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Laura Rocha, Deputy City Manager, Administrative Services
Gary Barberio, Deputy City Manager, Community Services
Tom Frank, Transportation Director
Ryan Green, Finance Director
Robby Contreras, Assistant City Attorney
Michael O'Brien, Public Works Superintendent
DUE DATE
09/06/2020
CITY OF CARLSBAD -ACCOUNTS RECEIVABLE
1635 FARADAY AVENUE, CARLSBAD, CA 92008
(760) 602-2403
ACCOUNT NO. INVOICE NO. ACCOUNT TOTAL BALANCE
C05605 AR209119 $1,340.00
Attachment A
PAYMENT ENCLOSED
PAY ONLINE AT HTTPS://CITYBILLING.CARLSBADCA.GOV/
MAKE CHECK PAYABLE TO: CITY OF CARLSBAD
CARLSBAD RANCH ASSOCIATION II
5800 ARMADA DRIVE
102
CARLSBAD, CA 92008
PLEASE RETURN THIS PORTION WITH YOUR REMITTANCE IN THE ENVELOPE ENCLOSED
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FINAL NOTICE
This. is to notify you of your outstanding obligation to the City of Carlsbad as referenced by this invoice. To-date, our records indicate you have
failed to mail in your payment. The City of Carlsbad would like to extend to you an opportunity to resolve this matter amicably. If additional
information is needed, please contact our billing department at (760) 602-2403 immediately. If there is no reqponse from you within
seven (7) days, the matter will be referred to a collection agency.
DUE DATE
09/06/2020
This is your FINAL NOTICE. Your account is past due.
INVOICE NO. DESCRIPTION CHARGES
AR209119 MISCELLANEOUS OUTSIDE SERVICES $1,340.00
PLEASE PAY THIS
AMOUNT-------->
IF YOU HAVE ANY QUESTIONS REGARDING YOUR ACCOUNT BALANCE, PLEASE CONTACT
THE CITY OF CARLSBAD AT (760) 602-2403.
PAYMENTS
$0.00
BALANCE DUE
$1,340.00
.I
I !
July 20, 2020
Jean Muldoon
Carlsbad Ranch Maintenance Association II
Via: Covey Commercial Real Estate Services
5800 Armada Drive, Suite 102
Carlsbad, CA 92008
RE: Discontinue Trash Pick-Up on the West Side of Armada Drive
Dear Ms. Muldoon:
Attachment B
(City of
Carlsbad
In March 2020, the City of Carlsbad received complaints of overflowing trash from
approximately six trash cans located on the west side of Armada Drive (Trash Cans). The Trash
Cans are located alongside a retaining wall that directly overlooks the Flower Fields (Area). The
nearest cross streets to the Area are the north and south intersections of Armada Drive and
Fleet Street.
As you are aware, the city began emptying the Trash Cans during a time when the beaches and
city trails were closed in response to COVID-19. Given the COVID-19 state of local emergency
and the immediate need for trash pick-up, city staff initiated a temporary stop-gap measure on
March 18, 2020 to prevent the trash from entering the storm drains, which would be in
violation of our National Pollutant Discharge Elimination System (NPDES) storm water permit.
Now that city trails and beaches are open, the city hereby informs you that it will discontinue its
temporary emptying of the Trash Cans effective July 31, 2020. From that date forward, the
Carlsbad Ranch Maintenance Association II must continue with its maintenance responsibilities,
as required by Section 3,1 of the city-approved Covenants, Conditions & Restrictions, in a way
that does not result in overflowing trash from the Trash Cans.
Additionally, the city maintains that emptying the Trash Cans has always been Carlsbad Ranch
Maintenance Association ll's responsibility, even during COVID-19. The city will therefore send
the cost of the additional trash pick-ups since March 18, 2020 to Carlsbad Ranch Maintenance
Association II for payment next month.
Public Works Branch I Transportation Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2746 t
Attachment B
Ms. Muldoon
July 20, 2020
Page 2
If you would like to discuss this matter further, please do not hesitate to contact me at
tom.frank@carlsbadca .gov or 760-602-2766. Thank you for your attention to this matter.
Sincerely,
~~
Tom Frank
Transportation Director
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Geoff Patnoe, Assistant City Manager
Gary Barberio, Deputy City Manager, Community Services
Paz Gomez, Deputy_ City Manager, Public Works
Robby Contreras, Assistant City Attorney
Ron l<emp, Assistant City Attorney
l<yle Lancaster, Parks & Recreation Director
James Wood, Environmental Manager
Public Worl<s Branch I Transportation Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2746 t
DocuSign Envelope ID: F27E33F5-ACAD-4F4A-A46A-11 C0927544C8
August 3, 2020
Jean Muldoon
Carlsbad Ranch Maintenance Association II
Via: Covey Commercial Real Estate Services
5800 Armada Drive, Suite 102
Carlsbad, CA 92008
RE: Discontinue Trash Pick-Upon the West Side of Armada Drive
Dear Ms. Muldoon:
Attachment C
f cityof
Carlsbad
As you are aware, the city began emptying the Trash Cans on the west side of Armada Dr.
during a time when the beaches and city trails were closed in response to COVID-19. Given
the COVID-19 state of local emergency and the immediate need for trash pick-up, city staff
initiated a temporary stop-gap measure on March 18, 2020 to prevent the trash from entering
the storm drains, which would be in violation ofourNational Pollutant Discharge Elimination ·
System (N PDES) storm water permit.
The temporary emptying of the Trash Cans services ended July 20, 2020 (date corrected from
our previous letter dated July 20). Between the dates of March 18 and July 20, 2020 the Trash
Cans were emptied/serviced 20 times. The total cost of this service is $1,340.
Please find included with this letter a City of Carlsbad invoice for services provided in response
to complaints of overflowing trash on the west side of Armada Drive.
If you would like to discuss this matter further, please do not hesitate to contact me at
michael.obrien@carlsbadca.gov, 760-421-9158. Thank you for your attention to this matter.
Sincerely,
11,tidu.J, {J-' l)viUA,
Michael O'Brien
Public Works Superintendent
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Geoff Patnoe, Assistant City Manager
Gary Barberio, Deputy City Manager, Community Services
Paz Gomez, Deputy City Manager, PublicWorks
Robby Contreras, Assistant City Attorney
Ron Kemp, Assistant City Attorney
Tom Frank, Transportation Director
Kyle Lancaster, Parks & Recreation Director
James Wood, Environmental Manager
Public Works Branch I Transportation Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2746 t
May 25, 2021
Carlsbad Ranch Associations II
Jean Muldoon
5800 Armada Dr., Suite 102
Carlsbad, CA 92008
Dear Mrs. Muldoon:
Attachment D
( City of
Carlsbad
As follow-up to our conversation on April 6, 2021, a review was conducted to determine
if the trash services provided in March 2020 by the City of Carlsbad on Armada Dr. was
done so as a courtesy. The review was completed, and the City finds that Carlsbad
Ranch Associations II remains liable for the cost of the trash removal services.
This letter includes exhibits 1 through 3 which are copies of the past due final billing
notification (late notices sent to you monthly since the account became past due), and
correspondences dated July 20, 2020 and Aug. 3, 2020 describing the expected trash
removal responsibility of Carlsbad Ranch Association II.
We request your expeditious payment of the $1,340.00 invoice since the services were
completed more than a year ago.
Please let me know the date when you plan to pay the invoice and contact me at 760-
602-4677 if you have any questions or need more information regarding the matter.
Sincerely,
~D~
Michael O'Brien,
Public Works Superintendent, Transportation Department
Exhibits:
1. Accounts Receivable -Carlsbad Ranch Association II -Final Notice
2. City of Carlsbad correspondence dated July 20, 2020
3. City of Carlsbad correspondence dated Aug. 3, 2020
Pub lic Works Branch -Transportation Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4677 t
May 28, 2021
Attachment E
CARLSBAD RANCH MAINTENANCE ASSOCIATION II
City of Carlsbad
Public Works Branch -Transportation Department
Attn: Michael O'Brien, Public Works Superintendent
1635 Faraday Avenue
Carlsbad, CA 92008
Dear Mr. O'Brien,
The Carlsbad Ranch Maintenance Association ("Association") is in receipt of your attached letter dated
May 25, 2021, regarding an invoice for trash collection on the Armada Drive Promenade
("Promenade"). In response, the Association is not responsible for this invoice. The City of Carlsbad
("City") agreed to assist the Association with collection of excessive trash left by the general public as a
result of the City's closure of beaches and parks, but not the Promenade, due to COVID-19. The City's
failure to also close the Promenade to the public created an overburdening condition. Predictably, with
the City's beaches and parks closed, the public flocked in significantly larger than normal numbers to the
Promenade engaging in picnics and other recreational activities not nonnally seen on the Promenade,
overwhelming the Association's normal maintenance procedures for the Promenade.
The Association was not informed by or asked by the City to pay for the subject trash collection prior to
the subject collections, nor did it agree in any manner to contract with the City for this service. Our belief
and understanding are that the City was assisting with trash collection due to its desire that the Promenade
remain open to the public during the beach and park closures, with the City taking responsibility for
causing the overburdening of the Promenade.
Since then, public activity on the Promenade has subsided to some degree but has not returned to pre-
COVID-19 levels. With the City failing to assist with this matter, the Association, at its own expense, in
an effort to manage the on-going above normal trash issues, doubled the number of trash containers along
the Promenade and continues to perform routine collection of the trash. It should be noted that the
Association is only responsible for landscape maintenance on the Promenade, and that its installation and
emptying of trash containers is done as a courtesy by, not an obligation of, the Association.
Additionally, please refer to the attached correspondence on this matter between the Association and the
City. We trust that this correspondence will resolve this matter.
Thank you,
Jean Muldoon
As Managing Agent for Carlsbad Ranch Maintenance Association II
5800 Armada Drive, Suite 200 • Carlsbad, CA 92008