HomeMy WebLinkAbout1995-09-12; City Council; Minutesr
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MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: September 12,1995
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING City Council Chambers
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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, Finnila, Kulchin, Mayor Pro Tem Nygaard and Mayor Lewis.
Absent: None.
APPROVAL OF MINUTES:
None.
CONSENT CALENDAR:
ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously
affirmed the action of the Consent Calendar, Items #1 through
#7, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
78 1. AB #13,295 - APPROVAL OF CAL-ID/RAN USER AGREEMENT. $5
Council adopted RESOLUTION NO. 95-251, approving the Cal-ID User Agreement with the
County of San Diego for use of the statewide automated fingerprint identification system.
39 2. AB #13,296 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer’s report on the status of City investments as of July 31, 1995.
LO5 3. AB #13,297 - APPROVAL OF 1995-96 SUBRECIPIENT AGREEMENTS FOR COMMUNITY $5 DEVELOPMENT BLOCK GRANT FUNDS.
Council adopted RESOLUTION NO. 95-252, approving 1995-96 Subrecipient Agreements for
CDBG funds with Senior Adult Services/Meals on Wheels, County of San Diego/Carlsbad Care
Crew, Community Resource Center/Homeless Prevention Program, Family Service
Association/Counseling Services, Lifeline Community Services/Housing Services, Join Hands-Save
A LifeIGang Prevention Program, Catholic CharitiedGood Samaritan House and La Posada de
Guadalupe and Heartland Human Relations/Fair Housing Education & Counseling Program.
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September 12, 1995 CITY COUNCIL Page 2
CONSENT CALENDAR: (Continued)
78 4. AB #13,298 - AUTHORIZATION FOR PARTICIPATION IN NORTH COUNTY REGIONAL GANG
TASK FORCE.
Council adopted RESOLUTION NO. 95-253, approving the participation of the Carlsbad Police
Department in the newly formed North County Regional Gang Task Force.
60 5. AB #13,299 - AMENDMENT TO CONTRACT WITH NORTHWESTERN NATIONAL LIFE AND 45 EXTENSION OF GROUP VISION CARE BENEFITS WITH VISION SERVICES PLAN TO CCEA
EMPLOYEES.
Council adopted RESOLUTION NO. 95-254, amending the City’s contract with Northwestern
National Life Insurance, and extending group vision care with Vision Services Plan to members of
the Carlsbad City Employees Association who are enrolled in Northwestern National Life medical
insurance.
74 6. AB #13,300 - RENEWAL OF CONSULTANT CONTRACT WITH TOWERS PERRIN. 45
Council adopted RESOLUTION NO. 95-255, approving the renewal of the consultant agreement
with Towers Perrin for employee benefits consulting services.
81 7. AB #13,308 - APPROVAL OF ACQUISITION OF PARCEL REQUIRED FOR THE CARLSBAD
MUNICIPAL GOLF COURSE PROJECT.
Council adopted RESOLUTION NO. 95-264, authorizing acquisition of a one-half acre parcel
jointly owned by Mr. Robert P. and Mr. Richard C. Kelly, which is required for the proposed
Carlsbad Municipal Golf Course Project, and approving escrow instructions.
ANNOUNCEMENTS:
Mayor Lewis announced that Council Members have ben invited to attend and participate in the following
events:
Lunch with General Reineke, at Camp Pendleton on Wednesday, September 13, 1995, at 11 :30 a.m.
A meeting with Assembly Member Bill Morrow to discuss legislative issues important to Carlsbad, at the
City Council Chambers on Tuesday, September 19, 1995, at 1O:OO a.m.
PUBLIC COMMENT:
Len Wolfer, President, Carlsbad Resident Association, 5200 El Camino real, stated the purchase of Rancho
Carlsbad Mobile Home Park was completed last Thursday at noon. He thanked the Council for their
continued support.
CARLSBAD MUNICIPAL WATER DISTRICT:
Council adjourned to the Municipal Water District at 6:03 p.m., and re-convened at 6:30 p.m., with all
Members present.
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September 12? 1995 CITY COUNCIL Page 3
DEPARTMENTAL AND CITY MANAGER REPORTS:
[SS] 8. AB #13,281 - CHILD CARE IN INDUSTRIAL AREAS.
Mayor Lewis announced that the previous vote on whether to have a study made on child care
in industrial areas was 3 to 2, and because of the interest and telephone calls, he had agreed to
bring this item back before the Council for reconsideration.
ACTION: On motion by Mayor Lewis, Council agreed to re-consider the item concerning
authorizing a study on child care in industrial areas.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
Laura Peterson, 2700 Colorado Avenue, Santa Monica, representing Bright Horizons, stated the
best way to provide child care is to become partners with the corporations who can help in the
affordability of providing staff. She has been working with Callaway Golf for approximately a year
on a child care center for their employees. She spoke in favor of allowing child care facilities at
work sites.
Carol Kerley, 2285 Rutherford Road, Retired Senior Vice President of Callaway Golf, stated she is
working with Callaway Golf on child care. She said the employees are excited about the possibility
of child care at their work site, as most of them do not live in Carlsbad. Ms. Kerley said a study
needs to be done on the economic factors and whether employers want to come to an area with
child care. She said that Callaway was offering to pay for the study, if money was the issue.
Robert Ladwig, 2642 Ocean Street, representing the Carlsbad Chamber of Commerce, stated the
Chamber fully supported proceeding with a study and felt that child care facilities are a necessary
part of viable industry. He urged proceeding with the study.
Peter Bullock, 151 5 Sleeping Indian Road, San Luis Rey, stated he operates a business in the
industrial park outside the boundaries of Carlsbad in Vista. He stated he is a very strong advocate
of on-site child care, or near the work site. Mr. Bullock said that perhaps the full-time residents
do not need the child care; but the daytime residents of the City (the workers) need child care.
Beth O’Mea, 231 - 5th Street, Encinitas, Vice-president, Human Resources, Callaway Golf, stated
she was speaking for 1,900 employees who want a study to be done to determine the answers
on why or why not to provide child care in the industrial park.
Council Member Finnila stated that the reason there is a planned industrial area is that no one
wanted industry next to commercial or residential areas. Child care can be placed in commercial
and residential areas, but it would add more restrictions if placed in the industrial area. She said
she could not support a study, whose conclusions will probably say what is already known about
the problems.
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September 12, 1995 CITY COUNCIL Page 4
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
ACTION: On motion by Mayor Lewis, Council directed staff to employ a qualified consultant
to study and report the extent to which the issues of safety, health, economic and
liability issues associated with child care uses in industrial and manufacturing
zones should influence Carlsbad’s Child Care Ordinance.
AYES: Lewis, Nygaard, Kulchin and Hall
NOES: Finnila
59 9. AB #13.301 - REPORT ON STATUS OF CARLSBAD GEOGRAPHIC INFORMATION SYSTEM.
Council received and filed a staff report regarding the status of the Carlsbad GIs.
79 10. AB #13.309 - AFFORDABLE HOUSING POLICY RECOMMENDATIONS.
Steve Kuptz, 1770 Fourth Avenue, San Diego, Director of Laurel Tree Development, thanked the
Council on behalf of the MAAC Project and stated the application will be on the way to
Sacramento tomorrow. He said the only remaining issue is setting the back-up credit price on Villa
Loma. He stated he supported the cost recovery method. Mr. Kuptz said the $38,000 is
excessive.
Sylvia Martinez, 1770 Fourth Avenue, San Diego, representing the MAAC Project, expressed
support for the cost recovery option.
Dorian Johnson, 30 Recodo, Irvine, Bramalea, stated they supported the policy of cost recovery,
but believe it is an unfair number. They are not willing to accept $38,000 as the cap.
Doug Avis, Project Director for Kaiza Poinsettia, 7320 Avenida Encinas, urged Council to consider
not including repayment of Hillman costs as part of the cost recovery fee. He also stated the
interest should not be included. He said that affordable housing is a reality in a very effective and
positive way and he was happy to be a part of the Laurel Tree Project. Mr. Avis said the $38,000
figure is outside of the realm of reality.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted Council Policy No. 58
(Sale of Affordable Housing Credits).
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
113 11. AB #13,293 - APPROVAL OF AFFORDABLE HOUSING MITIGATION AGREEMENT WITH KAlZA 45 POINSETTIA CORPORATION.
Council Member Kulchin stated she had reviewed the tape of the previous meeting on Items #11
and #12, and would participate.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- - 249, approving the Affordable Housing Mitigation Agreement between the City of
Carlsbad and Kaiza Poinsettia Corporation.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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September 12, 1995 CITY COUNCIL Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
99 12. AB #13,294 - APPROVAL OF AFFORDABLE HOUSING MITIGATION AGREEMENT WITH
113 BRAMALEA CALIFORNIA, INC..
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ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- - 250, approving the Affordable Housing Mitigation Agreement between the City of Carlsbad and Bramalea California, Incorporated.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
RECESS:
Mayor Lewis declared a recess at 8:02 p.m., and Council re-convened at 8:lO p.m., with all five Members
present.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
41 13. AB #13,302 - APPEAL OF DETERMINATION OF VIOLATION OF SUBLETTING AND
SUBCONTRACTING LAW BY WEST COAST GENERAL CORPORATION.
City Attorney Ron Ball stated this item is a review of the Hearing Officer’s determination, written
order and decision of July 19, 1995. At that hearing, Engineering and West Coast General
prepared arguments and evidence before the Hearing Officer. Council is to review the decision
of the Hearing Officer and determine whether the evidence in the record supports the conclusions.
No additional evidence is allowed this evening, and Council is not to have a new hearing, but to
determine from the record whether the decision should be amended in any way. Council has
received, under separate cover, the transcript of the June 5, 1995, hearing, and that transcript
should be made part of the record.
City Engineer Lloyd Hubbs stated that subsequent to the Hearing, documents were reviewed on
three of the subcontractors, Sunup Landscape and Maintenance Company, FRD West and
Cobra/Casper. After review, the Engineering Department recommends those three companies be
deleted from any action that Council takes. Mr. Hubbs requested Council uphold the Hearing
Officer’s decision and deny the appeal of West Coast General; and grant the appeal as it relates
to the last three companies as listed above.
Robert Marks, Attorney, 3900 Harney Street, San Diego, representing West Coast General, stated
he had five speakers on behalf of West Coast General that he would question and requested an
opportunity to question any speakers that staff presents. He stated that they have certain
procedural objections and documents they wish to present as it is important that the record be
complete.
City Attorney Ron Ball stated they should restrict their comments to the record that has already
been produced, and point out why the Hearing Officer’s decision was incorrect. This meeting is
to review the evidence and arguments already presented.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Mr. Marks asked to enter the following documents into the record, and he presented them to the
City Clerk: August 18, 1995 letter from the City of Carlsbad, signed by City Attorney Ron Ball to
Dana Ferrell; West Coast General letter dated April 30, 1995, to Ron Ball; (incorrect date and
subsequent letter dated August 25, 1995, sent correcting the date to August 24); August 25, 1995
letter to Mr. Ferrell from Mr. Ball; September 1 letter from West Coasts to Mr. Ball; September 5,
1995 letter to West Coast from Mr. Ball.
Mr. Marks stated that those documents object to the limitations Mr. Ball placed on this proceeding
today and he said it was important that he relate to this Council the conversations he had with Mr.
Ball trying to iron out the differences. Mr. Marks stated that he was prepared to present arguments
or evidence refuting the determinations of the Hearing Officer, and that he now hears the City
saying that they will not allow that.
Mr. Marks referenced complaints that were filed in two cases between the City and West Coast,
N61626 and N66859, and requested they be made part of the record. Attorney Daley objected
to the inclusion of new, unrelated documents, and Mr. Marks stated for the record that he was not
allowed to present all the information he desired to present at this time.
Davide Golia, 3900 Harney Street, San Diego, representing West Coast General, stated information
will be presented through five people and is directly relevant to the record provided to the Council.
Attorney Dennis Daley, representing the Engineering Department, objected to any new evidence
being presented.
City Attorney Ron Ball again stated the purpose of this meeting is to point out to the Council any
place in the record provided to them that there is an error and why it should be changed.
Mr. Golia presented lease agreement purchase order 9404-1, dated August 1, 1994, Cobra
Engineering lease; and invoices from Cobra to West Coast.
Mr. Marks reiterated he wanted the record clear he was denied the right to submit the invoices.
Jim Beasley, 131 17 Quate Court, Poway, President, Cobra Engineering, read from a declaration
stating he did not enter into a subcontract for a portion of the work on this project. There was a
lease agreement under which Cobra made equipment available to West Coast for their
discretionary use. Cobra agreed to provide equipment, certain operators and personnel. He said
this is standard practice.
Mayor Lewis stated that Mr. Beasley was not reading from his declaration, and reiterated that no
new evidence was allowed. Mr. Marks then stated he wanted the record to show that Mr. Beasley
was denied the right to read the rest of his statement.
There was a discussion about West Coast asking for a continuance of the original Hearing, and
Mr. Daley read from the transcript that said the Hearing Officer asked if a continuance was desired
by West Coast, and they said they refused to participate any further in the hearing and requested
the Hearing Officer make a decision on the information he had.
Robert Garcia, 1643 Mills Street, Chula Vista, did not speak, since he was not a witness at the
previous hearing. Mr. Marks stated the record should reflect that Mr. Garcia was not allowed to
speak.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Mark McDowell, 3900 Harney Street, San Diego, President of Mark McDowell Corporation, offered
the lease agreement and miscellaneous invoices which, it was noted, were not in the prior record.
The lease agreement was in the record, but the 15 to 20 invoices were not evidence at the prior
proceedings and constitute new evidence, and were rejected.
Mr. McDowell stated he did not have a contract with West Coast General; he had a lease
agreement and only a lease agreement with them. He stated his operators worked solely under
the direction of West Coast.
Dana Ferrell, 12243 Highway 67, Lakeside, President of West Coast General, stated they refuted
the evidence presented at the hearing, and now, tonight, new evidence is being refused. He
stated since they are not able to present new evidence tonight, he would ask for a continuance.
He stated the hearing is not fair since the City is acting as ”contractee”, judge and the accuser.
Attorney Daley read again from the record (pages 100 and 101 of the transcript) that the Hearing
Officer suggested coming back next week, and Mr. Ferrell refused the offered continuance.
Mr. Marks said it was now down to three contractors; McDowell, Rose and Cobra. If Council
determines Cobra was a subcontractor, then Rose would be a sub to a sub. He said the Public
Contractor Code does not require listing of subs to subs. Therefore, the issue of Rose
Construction should not be part of the proceedings.
David Davey, 21 10 Emberwood Way, Escondido, Vice-president, West Coast General, stated he
understood that this hearing was an opportunity to refute new evidence. He said this was where
they wanted to give the evidence that was denied at the first hearing.
Mr. Davey said there was no point in going on if he had to read verbatim from the record.
Vicki Hamilton, Attorney, 3900 Harney Street, representing West Coast General, stated she wanted
to respond to the decision and the statements of the law by Mr. Hubbs in this area. She stated
this is not in the record, as she is responding to the decision of July 19, where the City based its
decision on the subcontractors’ payrolls: testimony; invoices; owner/operator statements and
notices: and relied on evidence not determinate of the issues and they ignored the controlling
evidence. The City alleges violations of the subletting and subcontracting laws, because of
performing work in excess of one half of one percent of the total bid. Ms. Hamilton summarized
the subcontractor duties and the duties of someone supplying equipment and personnel on a
lease. She said this was done on an hourly basis for rental of equipment and operating personnel.
Ms. Hamilton stated that Mr. McDowell denied being a subcontractor, and was a lessor
compensated on an hourly basis, with West Coast General having full use, discretion and
direction. She referenced the lease agreement, which she said could not have been presented
until they had the outcome of the hearing.
Ms. Hamilton said this is not evidence, but they are addressing the legality of the decision of the
previous hearing. This is a legal challenge to the propriety of that decision; whether or not it was
a correct decision. She stated that compensation in the form of hourly rate is a lease agreement
for the rental of equipment and personnel, and work was directed and supervised by West Coast
with West Coast stating McDowell was paid on an hourly rate.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Mr. Marks stated that since the City was deleting Sunup, FRD and Cobra, changing the total to
approximately $205,000, he requested the remainder of the fee on that amount be reversed and
their appeal be approved.
ACTION: On motion by Mayor Pro Tem Nygaard, Council upheld the determination of the
Hearing Officer's findings that West Coast General Corporation violated the
provision of the "Subletting and Subcontracting Fair Practices Act" on the Avenida
Encinas Extension Project No. 3416 with respect to Mark McDowell Corporation,
Rose Construction and Cobra Engineering; and granted the appeal deleting
Sunup Landscape and Maintenance Company, FRD West and CobrdCasper
companies from the action, resulting in a fine totaling $20,523.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
69 14. AB #13,303 - PARKS AND RECREATION COMMISSION APPOINTMENTS.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted the following
Resolutions:
RESOLUTION NO. 95-256, reappointing Robert Holmes to the Parks and
Recreation Commission;
RESOLUTION NO. 95-257, reappointing William Pieratt to the Parks and
Recreation Commission; and
RESOLUTION NO. 95-258, appointing Tim Davidson to the Parks and Recreation
Commission.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
28 15. AB #13,221 - CARLSBAD PERSONNEL BOARD APPOINTMENT.
This item was continued.
103 16. AB #13,304 - TRAFFIC SAFETY COMMISSION APPOINTMENT.
This item was continued.
28 17. AB #13.305 - SENIOR COMMISSION APPOINTMENT.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- - 260, reappointing Linwood Van to the Senor Commission; and
adopted RESOLUTION NO. 95-261, reappointing Myra Zink to the Senior
Commission.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
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September 12, 1995 CITY COUNCIL Page 9
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
28 18. AB #13,306 - DESIGN REVIEW BOARD APPOINTMENTS.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- - 262, reappointing four members and appointing one new member to the Design
Review Board, as follows:
Kim Welshons (Planning Commission)
Peggy Savary (Planning Commission)
Sarah Marquez
Nick Vessey
William Compas (new appointment) (Planning Commission)
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
28 19. AB #13,307 - HOUSING COMMISSION APPOINTMENT.
ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- 263, appointing Mike Schlehuber to the Housing Commission.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
28 20. AB #13,223 - HOUSING COMMISSION APPOINTMENT.
ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted RESOLUTION NO. 95- - 185, reappointing Bailey Noble to the Housing Commission.
AYES: Lewis, Nygaard, Kulchin, Finnila and Hall
COUNCIL REPORTS:
Council Members reported on the activities and meetings of the Committees and Subcommittees of which
they are Members.
ADJOURNMENT:
By proper motion, the Regular Meeting of September 12, 1995, was adjourned at 10:lO p.m., by Mayor
Pro Tem Nygaard in memory of Maurice "Mo" Kimball.
Respectfully submitted,
ck. -
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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