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Home My WebLink About1997-11-18; City Council; Minutes (2)MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: November 18,1997 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: Council Members Hall, Kulchin, Nygaard, Mayor Pro Tem Finnila, Mayor Lewis LEGISLATIVE INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was given by Council Member Hall. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Finnila, the Minutes of the following meetings were unanimously approved as presented, with abstentions as noted: Minutes of the Special Meetings held October 28, 1997 Minutes of the Regular Meeting held October 28, 1997 Minutes of the Special Meeting held October 29, 1997 - Finnila - Abstained Minutes of the Regular Meeting held November 4, 1997 PRESENTATIONS: Mayor Lewis presented a Proclamation to Kevin Radcliffe of the Carlsbad Optimist Club, proclaiming the week of November 17 - 21, 1997 as "Youth Appreciation Week". CONSENT CALENDAR: Mayor Pro Tem Finnila removed Item #4 fi-om the Consent Calendar. On motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #1 through #14, with the exception of Item #4, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 41 1. AB #14.427 - REPORT ON SETTLEMENT OF LAWSUIT ENTITLED CITY V. SARKARZA. Council accepted the report on the settlement of the Sarkaria v. City of Carlsbad lawsuit, Case No. N69894. November 1 8,1997 CITY COUNCIL Page 2 CONSENT CALENDAR (continued): 2. AB #14,428 - APPROVAL OF AGREEMENT AND CEQA COMPLIANCE FOR THE DESIGN OF VARIOUS CITYWIDE SIDEWALK PROGRAM PROJECTS. PROJECT NO. 3560. Council adopted RESOLUTION NO. 97-679, approving environmental compliance, a Negative Declaration and a consultant agreement with Berryman & Henigar, Inc., to design Project No. 3560 consisting of several sidewalk segments within the City Sidewalk Program. 3. AB #14.429 - APPROVAL OF THE REPLACEMENT OF THE HANDRAIL PICKETS OVER THE AGUA HEDIONDA BRTDGE. Council adopted RESOLUTION NO. 97-680, appropriating $25,000 from the Gas Tax Fund to the Street Maintenance Miscellaneous Services Account for the replacement of handrail pickets over the Agua Hedionda Bridge. 4. AB #14,430 - APPROVAL OF CONSULTANT AGREEMENT TO STUDY THE SOIL AND DRAINAGE PROBLEMS ALONG PARK DRIVE. PROJECT NO. 3478. This item was removed fiom the Consent Calendar. 5. AB #14.431 - APPROVAL OF AGREEMENT WITH SDG&E FOR JOINT USE OF REAL PROPERTY LOCATED IN COBBLESTONE SEA VILLAGE. UNITS 1 AND 2. CT 84-32. Council adopted RESOLUTION NO. 97-682, approving an agreement with SDG&E for the joint use of real property at Cobblestone Road and Aviara Parkway in Cobblestone Sea Village, Units 1 and 2, CT 84-32. 6. AB #14.432 - APPROVAL OF AGREEMENT WITH SDG&E FOR JOINT USE OF REAL PROPERTY LOCATED IN POINSETTIA HILL, CT 93-3. Council adopted RESOLUTION NO. 97-683, approving an agreement with SDG&E for the joint use of real property at Cassia Road in the Poinsettia Hill Development, CT 93-3. 7. AB #14,433 - ACCEPTANCE OF TRAFFIC SIGNAL AT POINSETTIA LANE AND BATIQUITOS DRIVE - PROJECT NO. 3482. Council adopted RESOLUTION NO. 97-684, accepting the construction of the traffic signal at the intersection of Poinsettia Lane and Batiquitos Drive, Project No. 3482. 8. AB #14,434 - SETTLEMENT OF LAWSUIT ENTITLED BLYTH V. CITY OF CARLSBAD, CASE NO. N72782. Council adopted RESOLUTION NO. 97-685, authorizing the expenditure of funds for settlement of the lawsuit entitled Blvthe v. Citv of Carlsbad, Case No. N72782. 9. AB #14.435 - SELECTION OF UNDERWRITER AND DISCLOSURE COUNSEL FOR RANCHO CARRILLO ASSESSMENT DISTRICT NO. 96-1. Council adopted RESOLUTION NO. 97-686, selecting Stone & Youngberg as the underwriter and Jones Hall as the disclosure counsel for bonds to be issued for the Rancho Carrillo Assessment District No. 96-1. November 18,1997 a CITY COUNCIL Page 3 CONSENT CALENDAR (continued): 10. AB #14,436 - APPROVAL OF AGREEMENT WITH NORTH COAST AOUATICS FOR USE OF THE COMMUNITY SWIM COMPLEX. Council adopted RESOLUTION NO. 97-687, approving an agreement with North Coast Aquatics for use of the Community Swim Complex to conduct a competitive swim program. 11. AB #14,437 - TREASURER'S REPORTS ON CITY INVESTMENTS. Council accepted the City Treasurer's report on the status of the City's investment portfolio as of September 30, 1997. 12. AB #14,438 - ACCEPTANCE OF FIRST OUARTER FINANCIAL STATUS REPORT FOR FISCAL YEAR 1997-98. Council accepted the City Treasurer's First Quarter Financial Status Report for Fiscal Year 1997- 98; and Adopted RESOLUTION NO. 97-688, revising the personnel allocations and continuing appropriations for 1997-98. 13. AB #14.439 - REOUEST BY TRC DEVELOPMENT CORPORATION TO PURCHASE AFFORDABLE HOUSING CREDITS. Council adopted RESOLUTION NO. 97-689, approving a request by TRC Development Corporation to purchase 2.55 affordable housing credits in the Villa Loma Housing Project in order to satisfl the affordable housing obligation of the Mar Vista at La Costa Project under the City's Inclusionary Housing Ordinance. 14. AB #14.440 - AWARD OF CONTRACT FOR CONSTRUCTION OF NORTH BATIQUITOS SEWAGE FORCE MAIN REPLACEMENT, CMWD PROJECT NO. 85-40 1, CONTRACT NO. 34521134522. Council adopted RESOLUTION NO. 97-690, awarding the contract to 4 Point Pipeline for the construction of the North Batiquitos Sewage Force Main Replacement, CMWD Project No. 85- 40 1, Contract No. 3452 1134522. ITEMS REMOVED FROM THE CONSENT CALENDAR: 4. AB #14,430 - APPROVAL OF CONSULTANT AGREEMENT TO STUDY THE SOIL AND DRAINAGE PROBLEMS ALONG PARK DRIVE, PROJECT NO. 3478. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 681, approving a consultant agreement with Kleinfelder, Inc., to study the soil - and drainage problems along the northeast side of Park Drive, Project No. 3478. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall November 18,1997 a CITY COUNCIL Page 4 PUBLIC COMMENT: Shirley Gregg, 7193 Tanager Drive, Carlsbad, representing Soroptimist International of Oceanside provided the Council with a brief history of the organization and how they are celebrating their 50h Anniversary this year. Moira Miller-Stanzick, 5 129-C Renaissance, San Diego, representing the Soroptimist International, made a presentation on the "Carlsbad Blanket" that is being sold for the organization's annual fundraiser event. Ms. Miller-Stanzick stated that 100% of the proceeds from this fundraiser will go to charities in Carlsbad and Oceanside. HOUSING AND REDEVELOPMENT COMMISSION MEETING: Mayor Lewis adjourned to the Carlsbad Housing and Redevelopment Commission Meeting at 6: 14 p.m., and reconvened at 7:20 p.m., with all Council Members present. ORDINANCE FOR ADOPTION: 102 15. AB #14,441 - ADOPTION OF ORDINANCE NO. NS-429 ESTABLISHING A SPEED LIMIT ON CANNON ROAD. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- 429, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the revision of Section 10.44.380 to establish a prima facie 40 mile per hour speed limit upon Cannon Road from Paseo Del Norte to its intersection with Lego Drive. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 102 16. AB #14.442 - ADOPTION OF ORDINANCE NO. NS-428 ESTABLISHING A SPEED LIMIT ON ARMADA DRIVE. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- 428, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the - addition of Section 10.44.540 to establish a prima facie 35 mile per hour speed limit upon Armada Drive from Palomar Airport Road to its intersection with Lego Drive. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 3 1 17. AB #14,443 - ADOPTION OF ORDINANCE NO. NS-430 AMENDING CHAPTER 5.16 OF THE CARLSBAD MUNICIPAL CODE RELATING TO MASSAGE BUSINESSES AND HOLISTIC HEALTH PRACTITIONERS. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted ORDINANCE NO. NS- 430, amending existing Title 5, Chapter 5.16 of the Carlsbad Municipal Code by - the addition of a new Chapter 5.16 clarifying the regulation of massage businesses, massage technicians and holistic health practitioners. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall " November 18,1997 e CITY COUNCIL PUBLIC HEARINGS: Page 5 98 18. AB #14,444 - CAMINO ENCANTO STREET NAME CHANGE - SNC 97-1. Mayor Lewis opened the duly noticed Public Hearing at 7:22 p.m., and issued the invitation to speak. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 7:24 p.m. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 691, approving a street name change, renaming Camino Encanto to Camino - Pintado in the Southeast Quadrant of the City in Local Facilities Management Zone 1 1. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall Mayor Lewis opened the duly noticed Public Hearing at 7:24 p.m., and issued the invitation to speak. Jack Henthorn, 543 1 Avenida Encinas, Suite J, Carlsbad, representing the applicant, Pac West Group, Inc., concurred with the staff recommendation, and asked Council to approve the project. Seeing no one else wishing to speak, Mayor Lewis closed the public hearing at 7:36 p.m. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 592, approving a Tentative Map (CT 97-14), Planned Development Permit (PUD 97-11), Hillside Development Permit (HDP 97-13), and Coastal Development Permit (CDP 97-34) to subdivide 150 small single family lots, one multi-family affordable lot, two open space lots, two recreation lots, and one recreational vehicle lot all on property generally located south of Palomar Airport Road, east of Hidden Valley Road, and east and west of future Aviara Parkway. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall 105 20. AB #14,446 - APPROVAL OF THE CDBGMOME INVESTMENT PARTNERSHIP FUNDING PLAN STRATEGY AND REVIEW PROCESS. Mayor Lewis opened the duly noticed Public Hearing at 7:47 p.m., and issued the invitation to speak. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 7:47 p.m. Mayor Lewis requested that each Council Member select a citizen from their assigned quadrant to serve on the CDBG Advisory Committee, as follows: Council Member Kulchin Southeast Quadrant Council Member Nygaard Southwest Quadrant Mayor Pro Tem Finnila Northeast Quadrant Council Member Hall Northwest Quadrant " November 18,1997 0 CITY COUNCIL PUBLIC HEARINGS (continued): 105 20. AB #14.446 (continued) Page 6 Mayor Lewis asked that Council have their selections available for the January 6, 1998 meeting. Mayor Lewis announced that he will select three individuals, one from the Planning Commission, one from the Senior Commission and one from the Housing Commission to also serve on this committee. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 693, authorizing distribution of a "Request for Proposals7' and CDBG Program - Year 1998-99; accepting public comments and approving the 1998-99 CDBGBome Funding Plan Strategy; and approving the CDBG and Home Application Review Process. AYES: Lewis, Finnila, Nygaard, Kulchin and Hall CARLSBAD MUNICIPAL WATER DISTRICT MEETING: Mayor Lewis adjourned to the Carlsbad Municipal Water District Meeting at 7:5 1 p.m., and reconvened at 7:54 p.m., yith all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 87 21. AB #14,447 - APPROVAL OF AMENDMENTS TO AGREEMENTS WITH MOTOROLA, 45 INC., FOR PHASE 11, PART 1 OF THE 800 MHz REGIONAL COMMUNICATIONS SYSTEM. This item was taken out of order and considered during a Joint Meeting with the Carlsbad Municipal Water District. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 694, approving the First Amendment Agreements between the City of Carlsbad - and Motorola, Inc., for the Phase 11, Part 1, 800 Mhz Regional Communications System radio equipment and appropriating funds for payment of maintenance charges. AYES: Lewis, Finnila, Nygaard, Kulchin, and Hall RECESS: Mayor Lewis declared at recess at 8:08 p.m. The Council reconvened at 8:13 p.m., with all Council Members present. 74 22. AB #14.425 - AMENDMENT OF MANAGEMENT COMPENSATION PLAN AND ESTABLISHMENT OF NEW MANAGEMENT SALARY STRUCTURE. John Jones, 3044 State Street #6, Carlsbad, stated he was in opposition to the proposed plan and that Council should pay staff what they deserve. ~ovember 18,1997 CITY COUNCIL DEPARTMENTAL AND CITY MANAGER REPORTS (continued): 74 22. AB #14,425 (continued) Page 7 Joe Hoenigrnan, 2207 Recodo Court, ~arlsbad, spoke in opposition to the proposed compensation plan. He stated the function of a compensation program is to retain people at the lowest possible cost. This program creates over compensation and as a taxpayer he does not want to see his money spent that way. Don Larson, 2933 Caringa Way #G, Carlsbad, stated he was in favor of incentive programs for employees. Council Member Hall stated the current system has a 10% cap, but there is no cap in the proposed system. He suggested Council include a 10% cap in the new program on the incentive pay only. Mayor Lewis stated that he does concur with the program; however he cannot support a program which provides more than an 8% cap, and the 8% should include both base and incentive pay. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 97- 676, repealing the Management Compensation Plan and adopting a new - Management Compensation and Benefits Plan (including a new management salary structure) effective January 1, 1998; repealing Council Policy No. 36; authorizing the City Manager to administer a formal Performance Management and Compensation Plan with the addition to paragraph 1 on Page 4 to read as follows: "...emt>lovees based on their level of goal accom~lishment ' " during the performance management cycle. No management employee shall be awarded incentive compensation in an amount greater than 10% of that employee's base salary." AYES: Finnila, Nygaard, Kulchin, Hall NOES: Lewis 26 23. AB #14.448 - REFUNDING OF THE ALGA ROAD AND COLLEGE BOULEVARD ASSESSMENT DISTRICT BOND ISSUES (AD 97-11. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 97- 695, approving the Reassessment Report for Assessment District 97-1 (Alga - Road and College Boulevard), confirming and ordering the reassessment by summary proceedings and directing actions with respect thereto; and Adopted RESOLUTION NO. 97-696, authorizing the issuance of Reassessment District No. 97-1 (Alga Road and College Boulevard) refunding bonds and approving and authorizing related documents and actions. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall *, 6overnber 18,1997 0 CITY COUNCIL DEPARTMENTAL AND CITY MANAGER REPORTS (continued): Page 8 28 24. AB #14,449 - APPOINTMENTS TO THE SENIOR COMMISSION. ACTION: On motion by Mayor Lewis, Council adopted the following Resolutions: RESOLUTION NO. 97-697, reappointing Izma Chmiel to the Senior Commission; and RESOLUTION NO. 97-698, reappointing James Whittaker to the Senior Commission. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall COUNCIL REPORTS AND COMMENTS: Council Members reported on the activities and meetings of some committees and sub-committees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT. By proper motion, the Regular Meeting of November 18, 1997, was adjourned at 9:25 p.m. Respectfully submitted, ALETHA L. RAUTENKRANZ City Clerk Sherrie D. Worrell Deputy City Clerk