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Home My WebLink About1998-09-01; City Council; Minutes0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 1,1998 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: Council Chambers CALL TO ORDER. Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Council Members Hall, Kulchin, Nygaard, Mayor Pro Tern Finnila, Mayor Lewis LEGISLATIVE INVOCATION was given by Rabbi Yeruchem Elifort, Chabad at La Costa Center. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend, and may be participating in the following events: Closed Session for Council, Wednesday, September 2, 1998, 9:OO a.m., at the Police Chiefs Conference Room, 2560 Orion Way, Carlsbad. Historic Santa Fe Depot Antique Stove Dedication Ceremony, Wednesday, September 2, 1998, 2:OO p.m., at Carlsbad Convention and Visitors Bureau, 400 Carlsbad Village Drive, Carlsbad. APPROVAL OF MINUTES: ACTION: On motion by Mayor Pro Tern Finnila, the Minutes of the following meetings were approved as presented: Minutes of the Special Meeting held July 28, 1998 Minutes of the Regular Meeting held July 28, 1998 Minutes of the Special Meeting held August 4, 1998 Minutes of the Regular Meeting held August 4, 1998 Minutes of the Joint Special Meeting held August 4, 1998. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall CONSENT CALENDAR: Items #1, #2, and #4 were removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Finnila, Council affirmed the actions of the Consent Calendar, Items #1-4, with the exception of Items #1, #2, and #4, as follows: AYES: Lewis, Finnila, Nygaard, Kulchin, Hall September 1, 1998 0 CITY COUNCIL 0 Page 2 CONSENT CALENDAR (continued): WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. L " 1. AB #14,823 - ACCEPTANCE OF DONATION. This item was removed from the Consent Calendar. j 2. AB #14,824 - REOUEST TO DESTROY RECORDS. This item was removed from the Consent Calendar. 5 3. AB #14,825 - DISPOSITION OF SURPLUS CONSTRUCTION FUNDS - CARLSBAD RANCH ASSESSMENT DISTRICT 95-1. Council adopted RESOLUTION NO. 98-288, approving the disposition of surplus construction funds for the Carlsbad Ranch Assessment District. 3 . 4. AB #14.826 - ACOUISITION OF RIGHT-OF-WAY EASEMENTS FOR POINSETTIA LANE AND BRIGANTINE DRIVE. This item was removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. AB #14,823 - ACCEPTANCE OF DONATION. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 98-286, accepting a donation from The James S. Copley Foundation for the Gallery in the new Carlsbad Library. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall j -. 2. AB #14,824 - REQUEST TO DESTROY RECORDS. Mayor Pro Tem Finnila requested that the documents pertaining to Buena Vista Lagoon Watershed Enhancement Program be saved for historical purposes. ACTION: On motion by Mayor Pro Tern Finnila, Council adopted RESOLUTION NO. 98- the deletion of those records pertaining to the Buena Vista Lagoon Watershed Enhancement Program listed on Page 1 of Exhibit A. - 287, authorizing the destruction of certain records kept by the City Attorney, with AYES: Lewis, Finnila, Nygaard, Kulchin, Hall September 1,1998 e CITY COUNCIL 0 Page 3 CONSENT CALENDAR (continued\: 4. AB #14,826 - ACOUISITION OF RIGHT-OF-WAY EASEMENTS FOR POINSETTIA LANE AND BRIGANTINE DRIVE. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 98-289, approving right-of-way contracts with Ernest M. Hidalgo and Avelina Hidalgo, and Ronald L. Roesch for the acquisition of right-of-way and associated temporary construction, drainage and slope easements for Poinsettia Lane and Brigantine Drive. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall PUBLIC COMMENT: Philip Ireland, Director of the Job Training Program at the Vista Village Learning Plaza, 1 15 E. Vista Way, Vista, talked about the training programs that will be offered to at risk teens to train them and assist them in finding employment. PUBLIC HEARING: 5. AB #14,827 - RANCHO CARRILLO ASSESSMENT DISTRICT NO. 96-1. Finance Director Lisa Hildabrand and Principal Civil Engineer Richard Allen gave a report on the following: 1. The extent of improvements proposed to be acquired and the boundaries of the Assessment 2. A summary of the Assessment Engineer’s Report. 3. The method and formula used to develop the value to lien ratio, including the lien per single 4. The increase in total assessment costs due to the addition of formation and financing costs. 5. The issuance of bonds and the bond documents. District. family home, the Disclosure Agreement and the Final Map Agreement. Mayor Lewis opened the duly noticed public hearing at 6:3 1 p.m., issued the invitation to speak, and stated that assessment ballots must be received by the City Clerk before the public hearing is closed. The Assistant City Clerk announced that the notice of the Public Hearing had been given by mail, publication and posting, and that the appropriate Certificate of Compliance is on file in the City Clerk’s Office certifying that the mailing notice and assessment ballot materials to the record owner of property within the proposed Assessment District. John Yager, of Hewitt McGuire, representing the property owner, Continental Homes, spoke in support of the assessment district. Seeing no one wishing to speak, the public hearing was closed at 6:32 p.m. The Assistant City Clerk announced that one ballot had been received from the property owner, and it had been cast in favor of the district. September 1,1998 0 CITY COUNCIL 0 Page 4 PUBLIC HEARING (continued): AB #14,827 (continued): ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- - 290, declaring the results of the assessment ballot tabulation, confirming the assessment, ordering the acquisition of improvements, together with appurtenances, and approving the Assessment Engineer’s Report in Assessment District No. 96-1; and, Adopted RESOLUTION NO. 98-291, authorizing issuance of bonds and approving the form of certain bond documents for Assessment District No. 96- 1); and, Adopted RESOLUTION NO. 98-292, approving the form of certain agreements for Assessment District No. 96-1; and, Council concurred that the developer be required to post a sign at the leasing office to notify potential buyers of any assessment district fees, mello roos, etc., in addition to disclosing the information in documents during sale of the homes, and requested that a report be brought back to Council regarding disclosure agreement procedures. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall ADJOURNMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD MEETING: Mayor Lewis adjourned to the Carlsbad Municipal Water District Board Meeting at 6:37 p.m., and Council reconvened at 6:39 p.m., with all Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 6. AB #14,828 - ARTS OFFICE SCULPTURE GARDEN. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- - 293, approving the artist designed gates for use at the Sculpture Garden, and which will later be moved to Carrillo Ranch Park. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall September 1, 1998 0 CITY COUNCIL e Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS (continued): 7. AB #14.829 - DEFERRED MITIGATION AGREEMENT FORMAT AND PROCEDURES. Council Member Nygaard disqualified herself from participation on this item due to a potential conflict of interest, and left the dais at 6:44 p.m. Principal Planner Don Rideout reviewed the report as contained in the Agenda Bill. Council during discussion, concurred that they would consider granting an extension of the agreement should another mitigation bank be formed. Rich Simons, representing Lincoln Properties, stated they are in agreement with the mitigation agreement and the possible extension of the agreement if a new mitigation bank is being established. ACTION: On motion by Mayor Pro Tem Finnila, Council approved the procedures for the Deferred Mitigation Agreements and authorized the Mayor to sign the Deferred Mitigation Agreement with Lincoln Properties, as revised to include the changes requested by the Wildlife Agencies, and provisions for the extension of the agreement upon the establishment of a new mitigation bank. AYES: Lewis, Finnila, Kulchin, Hall NOES: None ABSENT: Nygaard Council Member Nygaard returned to the dais at 6:55 p.m. 8. AB #14,781 - PERFORMANCE MANAGEMENT AND COMPENSATION SYSTEM FOR MANAGEMENT CLASSIFICATIONS. Human Resources Manager Julie Clark and Luellen Lucid of Watson Wyatt Consulting Firm gave an overview of the report as contained in the Agenda Bill. Council discussed whether to establish the base pay increase matrix using the standard deviation analysis versus a market deviation analysis. Council concurred that staff should use both means to calculate and review the base pay increase matrix for the following year. ACTION: On motion by Mayor Pro Tem Finnila, Council adopted RESOLUTION NO. 98- 248, amending the management salary structure, establishing a base pay increase matrix to provide for base pay increases for eligible management employees, establishing the incentive pay matrix for FY 1998-99, and appropriating funds; and Council requested that future reports include information indicating the calculation differences between the standard deviation analysis and the market deviation analysis for comparison purposes. AYES: Lewis, Finnila, Nygaard, Kulchin, Hall September 1, 1998 e CITY COUNCIL a Page 6 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 September 1, 1998, was adjourned at 7:38 p.m. Respectfully submitted, Sherrie D. Worrell Deputy City Clerk