HomeMy WebLinkAbout2002-08-13; City Council; MinutesMINUTES
MEETING OF : CITY COUNCIL (Regular Meeting)
DATE OF MEETING: August 13,2002
TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers
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: Lewis, Kulchin, Finnila, Nygaard, and Hall.
Absent: None.
PROCLAMATIONS:
Mayor Lewis presented a Proclamation to the La Costa Mavericks Softball Youth
Organization Division 1 Tournament Team 2002.
Council Member Finnila presented a gift bag to Tara Sanders, Miss Teen Of The
Nation.
Colleen Finnegan, Community Arts Coordinator, introduced one of the two Student
Ambassadors from Karlovy Vary, Czech Republic.
APPROVAL OF MINUTES
Due to their absence at the July 23, 2002 Council Meeting, Mayor Pro Tern Kulchin and
Council Member Finnila said they would abstain from approval of the minutes.
On a motion by Council Member Nygaard, Minutes of the following meeting were
unanimously approved as presented (with Mayor Pro Tern Kulchin and Council Member
Finnila abstaining as noted above):
Minutes of the Special Meeting held July 23, 2002
Minutes of the Regular Meeting held July 23, 2002.
CONSENT CALENDAR:
Council concurred with a request from Jane Mobaldi, Assistant City Attorney, to
continue Item No. 6 to a future Council Meeting.
Frank Mannen, Assistant City Manager, requested that Council hear Item No. 8 during
the Departmental and City Manager Reports portion of the agenda. Council concurred.
August 13,2002 CARLSBAD CITY COUNCIL MEETING Page 2
ACTION: On a motion by Mayor Pro Tem Kulchin, Council affirmed the
action of the Consent Calendar, Items #I through #8 as follows:
B: Lewis, Kulchin, Finnila, Nygaard and Hall.
NOES: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this
Meeting.
1.
2.
3.
4.
5.
6.
AB #16.852 -APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF
AVIARA COMMUNITY PARK.
Council adopted RESOLUTION NO. 2002-244, approving the plans and
specifications, authorizing the advertisement of construction bids, and approving
the public art component for Aviara Community Park, Project No. 36991.
AB #16.853 - REQUEST FOR OUT-OF-STATE TRAVEL TO ATTEND RANGE
DEVELOPMENT CONFERENCE.
Council adopted RESOLUTION NO. 2002-245, approving an out-of-state travel
request from the Police Department to attend a training conference on range
development and operation in Las Vegas, Nevada on October 7-12, 2002.
AB #16.854 -AMENDMENT NO. 5 TO LETTER OF UNDERSTANDING WITH
THE CITY ATTORNEY.
Council adopted RESOLUTION NO. 2002-246, approving Amendment No. 5 to
the Letter of Understanding with the City Attorney.
AB #16.855 -AMENDMENT NO. 5 TO LETTER OF UNDERSTANDING WITH
THE CITY MANAGER.
Council adopted RESOLUTION NO. 2002-247, approving Amendment No. 5 to
the Letter of Understanding with the City Manager.
AB #16.856 - REPORTING OUT THE TERMS AND CONDITIONS OF THE
SETTLEMENT AS REQUIRED BY THE BROWN ACT IN SCHAHN V. CITY OF
CARLSBAD, ET AL.. CASE NO. GIN006452.
Council accepted the reporting of the terms and conditions of the settlement as
required by the Brown Act.
AB #16,857 -AMENDMENT TO CITY COUNCIL POLICY NO. 20 - STREET
NAMES AND ADDRESSING.
This item was continued.
August 13,2002 CARLSBAD CITY COUNCIL MEETING Page 3
7. AB #16.862 -APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR REHABILITATION OF
NORTH AGUA HEDIONDA INTERCEPTOR SEWER.
Council adopted RESOLUTION NO. 2002-252, approving plans and
specifications and authorizing the City Clerk to advertise for bids for the
rehabilitation of the North Agua Hedionda Interceptor Sewer Rehabilitation -
Eastern Segment, Project Nos. 3537-1 and 3874-1.
8. AB #16.864 -APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF
SOUTH AGUA HEDIONDA INTERCEPTOR SEWER.
This item was heard under "Departmental and City Manager Reports" of the
agenda.
Mayor Lewis announced that City Council Members have been invited and may be
participating in the upcoming events:
FRIDAY, AUGUST 16,2002 - 6:OO p.m.
Fire Chief Mike Smith Retirement Event
El Camino Country Club
3202 Vista Way, Oceanside
SATURDAY, AUGUST 17,2002
Carlsbad City Council Dinner Event
4:OO p.m. - 4046 Garfield
300 p.m. - 4669 Coralwood Circle
6:OO p.m. - 3405 Spanish Way
7:OO p.m. - 3014 Garboso Street
WEDNESDAY, AUGUST 21,2002 - 11:OO a.m.
Carlsbad City Council Study Session
Carlsbad Faraday Center
1635 Faraday Avenue, Carlsbad
THURSDAY, AUGUST 29, 2002 - 11:15 a.m.
Carlsbad Chamber of Commerce State of the City Event
Four Seasons Resort Aviara
7100 Four Seasons Point
SUNDAY, SEPTEMBER 1,2002 - 6:OO p.m.
50th Anniversary Pops Concert
Poinsettia Park
6600 Hidden Valley Road
August 13,2002 CARLSBAD CITY COUNCIL MEETING
PUBLIC COMMENT: None.
PUBLIC HEARINGS:
9. AB #16.858 -VACATION OF ANDERSON WAY,
Page 4
Jeremy Riddle, Associate Engineer, presented the staff report. He responded to
Council and said that reciprocal access rights are a requirement of the vacation.
Mayor Lewis opened the duly noticed public hearing at 6:35 p.m. and asked if anyone
wished to speak on this matter in any way.
Gary Lipska, representing the applicant, said he is the Engineer-of-work on the Fish
House Project was present to answer questions.
Seeing no one else wishing to address Council, Mayor Lewis closed the public hearing
at 6:36 p.m.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2002-250, to vacate Andersen Way along Paseo Del Norte just North
of Palomar Airport Road.
B: Lewis, Kulchin, Finnila, Nygaard and Hall.
NOES: None.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CARLSBAD CITY
COUNCIL AND MUNICIPAL WATER DISTRICT
Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Municipal
Water District Meeting at 6:37 p.m., with all Members present.
ADJOURNMENT TO THE CARLSBAD HOUSING AND REDEVELOPMENT
COMMISSION
MayodPresident Lewis adjourned to the Carlsbad Housing and Redevelopment
Commission Meeting at 6:39 p.m., with all Commissioners present.
RECONVENE TO THE CITY COUNCIL MEETING
Chair Lewis adjourned the Housing and Redevelopment Commission and reconvened
the City Council Meeting at 8:07 p.m. with all Council Members present.
RECESS
Mayor Lewis declared a recess at 8:07 p.m. Council reconvened at 8:15 p.m. with all
Council Members present.
August 13,2002 CARLSBAD CITY COUNCIL MEETING Page 5
DEPARTMENTAL AND CITY MANAGER REPORTS:
12. AB #16,860 -ANNUAL REPORT OF INVESTMENT PORTFOLIO.
Jim Stanton, City Treasurer, reviewed the staff report and made a Power Point
Presentation (on file in the City Clerks Office) regarding the City's investments.
Council concurred to accept the report.
13. AB #16.838 -APPEAL OF DECISION REGARDING A POTABLE WATER
SYSTEM IN NEW RESIDENTIAL CONSTRUCTION.
Council Member Finnila said although she was absent from the July 23, 2002 meeting
when this item was originally heard, she had reviewed the tapes of the City Council
meeting and is qualified to participate in the vote this evening.
Pat Kelley, Principal Building Inspector, presented the staff report and made a Power
Point Presentation (on file in the City Clerk's Office). Mr. Kelley said that Cross-Linked
Polyethylene (CPEX) is specifically not allowed in the 2001 California Plumbing Code
as a material for constructing potable water systems. He noted that the 2001 California
Plumbing Code would become effective on November 1, 2002. Mr. Kelley also
reviewed the memo dated August 5, 2002 regarding "Appeal to Use Cross-Linked
Polyethylene Tubing" (on file in the City Clerk's Office). Mr. Kelley said that staff
continues to recommend not to use CPEX until the Building Standards Commission
approves the use statewide.
In response to Council, Mr. Kelley said that the State Building Standards Commission
has asked the State Housing and Community Development (HCD) for a CEQA review
of CPEX. However, the CEQA process has not yet been defined. Mr. Kelley said that
the plastic pipe manufacturers have filed a lawsuit to reverse the CEQA review.
Mr. Kelley responded to Council and said after November 1, 2002, said that Building
Officials would be allowed on a case-by-case basis to approve the use of CPEX.
However, such decision would be without the support of the State Building Standards
Commission. Mr. Kelley explained that it would be up to the city to make a case-by-
case comparison as to whether CPEX is equivalent with copper piping.
Mr. Kelley responded to Council and said that the City of Carlsbad has building
regulations that are more restrictive than the State Code requirements.
In response to Council Member Hall, Mr. Kelley said that the National Sanitation
Foundation is the clearinghouse for the approvals of products that convey water in the
United Stated. Mr. Kelley said to his knowledge, the Building Standards Commission
has never cited the CEQA process for a code change. Therefore, staff at HCD needs
to define the process and what needs to be included in the analysis.
August 13,2002 CARLSBAD CITY COUNCIL MEETING Page 6
Jane Mobaldi, Assistant City Attorney, said the California State Attorney General is
representing the HCD in the defense of the lawsuit filed by the plastic pipe
manufacturers. She said that the two environmental issues of concern are the
leachability of the chemical components and fire. She said that the litigation could be
very protractive.
Gary Duerst, 7084 Seville Way, Riverside, the appellant, made a Power Point
presentation (not on file in the City Clerk's Office) and spoke in support of his appeal to
use cross-linked polyethylene (CPEX) in his new home in Carlsbad. He said that CPEX
has been approved in every state except Massachusetts and California. In response to
Council Member Hall, Mr. Duerst asked Council to read the correspondence from the
Building Industry Association of San Diego County dated August 13, 2002 (on file in the
City Clerks Office). He asked that Council vote on his appeal tonight.
Robert Payne, 170 West 14'h Street, Upland, California, said he is a Master Plumber
and spoke in support of the use of cross-linked polyethylene (CPEX). He said he is the
technical representative for Track Pipe and Aquapex Pipe. Mr. Payne said he has
received approval in 131 cities in Southern California to use CPEX.
Steve Redford, Director of Engineering, Uponor Wirsbo, distributed and reviewed a
copy of Mr. Pat Kelley's memo dated August 5, 2002 (on file in the City Clerk's Office),
a memo from Mr. Redford to the City Council dated August 13, 2002 (on file in the City
Clerk's Office) and correspondence from the Senior Vice President of the National
Sanitation Foundation (not on file in the City Clerk's Office). In response to Council, he
said he has worked with CPEX for seven years.
In response to Council Member Hall, Jane Mobaldi, Assistant City Attorney, said that in
general, staff has immunity for issuance of permits. She said the Plumbing Code is
intended to protect the best interests of the public health and welfare. Ms. Mobaldi said
that the issue before Council is the alternative way to approve a material on a case-by-
case basis. She said that if Council were to approve the use of CPEX in Mr. Duerst's
home, Council would need to make a finding that the product complies with the intent of
the allowed specifications in terms of quality, strength and effectiveness. Ms. Mobaldi
said if Council made a finding, based on substantial reasoning, that the alternate
material (CPEX) were not appropriate, and the finding was not arbitrary or capricious,
then the finding would very likely not be subject to criticism by a court. She said that
the City's risk would remain the same after the November adoption of the Pluming
Code. She said that the Building Standards Commission has specifically said that local
jurisdictions are not prohibited from allowing the use of CPEX.
Ms. Mobaldi recommended that if Council were to approve Mr. Duerst's request, a Hold
Harmless Agreement should be recorded on title so that potential buyers are aware of
the use of CPEX in the home and that CPEX has not been approve by the Building
Standards Commission.
August 13,2002 CARLSBAD CITY COUNCIL MEETING Page 7
Mayor Lewis noted that approving Mr. Duerst's request would set a precedent in the
City of Carlsbad.
Council Member Hall spoke in support of Mr. Duerst's appeal and said that
documentation should be recorded on title that CPEX has been used in the plumbing.
Council Member Nygaard expressed concern about setting a precedent and said that
public health and welfare outweighs the value of the CPEX 25-year warranty. Council
Member Nygaard said she could not support Mr. Duerst's request.
Council Member Finnila said that she is willing to review the use of CPEX on a case-by-
case basis, if the CPEX is installed above slab, and if the owner is willing to sign a Hold
Harmless Agreement.
Mayor Pro Tern Kulchin said she reviewed the tape of the July 23, 2002 Council
meeting and is qualified to vote on the issue. She spoke in support of staffs
recommendation for denial.
Mayor Lewis expressed concern for the public health and safety and said he supported
staffs recommendation for denial.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2002-224, denying an appeal requesting the use of cross-linked
polyethylene water tubing (CPEX) as an alternate material for a potable
water system in a new single-family residence.
m: Lewis, Kulchin and Nygaard,
NOES: Hall and Finnila.
Mr. Kelley said that the State Codes are in the process of being incorporated into the
City's Municipal Code. As part of that adoption process, which will occur this fall, Mr.
Kelley said he would return to Council with a status of the CPEX issue.
8. AB #16.864 -APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION FOR
THE SOUTH AGUA HEDIONDA INTERCEPTOR SEWER
Bill Plummer, Deputy City Engineer, reviewed the staff report and made a Power Point
presentation (on file in the City Clerk's Office). Sherri Howard, Associate Engineer,
described the public outreach program.
In response to Council, she said that staff is recommending that the westbound lane not
be closed. In response to Council, Mr. Plummer explained the difficulty in closing one
lane in the morning and the other lane in the afternoon. He said that a concrete median
splits Cannon Road, leaving only 120 feet between the median and the curb. As a
August 13,2002 CARLSBAD CITY COUNCIL MEETING Page 0
result of this narrowness, traffic would have to travel very slowly, which would create
other issues.
In response to Council, Mr. Plummer said that a penalty of liquidated damages for late
work has been included in the contract. Ms. Howard explained that the project includes
five signs in the immediate area of the project. Council Member Finnila said she would
like to have signage on Paseo Del Norte and also near 1635 Faraday Avenue.
Staff said that the contractor has the option to work nights andlor weekends. Council
Member Nygaard said she would like to have an incentive in the contract to encourage
early completion of the project. She expressed concern that this project would result in
additional traffic on Palomar Airport Road. Mr. Plummer said that an incentive clause
for early completion would be added to the contract. Council Member Hall expressed
concern that if the penalty clause is too steep, fewer contractors would want to bid the
project.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION
NO. 2002-254, approving plans and specifications and authorizing the
City Clerk to advertise for bids for the construction of South Agua
Hedionda Interceptor (SAHI) Phase II Reach 111, Project No. 3583-2; and,
that staff be directed to include an incentive clause in the contract for the
project's early completion.
u: Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None.
14. AB #16.861- REQUEST TO CONSIDER AMENDING THE ZONING CODE
Citing a potential conflict of interest, Council Member Hall left the meeting at 9:56 p.m.
Jeff Seymour, 234 Date Avenue, reviewed his correspondence dated July 8, 2002 (on
file in the City Clerk's Office). He said he is renting approximately one-acre zoned R-3
on which he keeps his horse, with the property owner's approval. Mr. Seymour asked
Council to grant him a Conditional Use Permit (CUP) or amend the city code to allow
him to keep his horse on the property that is not zoned for horses. Mr. Seymour said
he has a petition signed by his neighbors who would like the horse to remain on the
property (not on file in the City Clerk's Office).
In response to Council, Pat Kelley, Principal Building Inspector, explained the zoning for
R-I and R-3 properties. He said that the City currently does not have a CUP process to
allow a tenant to keep a large animal on R-3 zoned property.
August 13,2002 CARLSBAD CITY COUNCIL MEETING Page 9
In response to Council, Jane Mobaldi, Assistant City Attorney, explained the limitations
on R-I zoned properties. She also discussed the differences between R-I and R-3
zoning. Ms. Mobaldi said an amendment to the Code would be required to allow a CUP
in R-3 zoning.
Sandra Holder, Director of Community Development explained that it is not common
practice for large animals to be allowed in multi-family residential zones. Standard
practice is for large animals to be allowed on property 10,000 square feet or greater.
Council Member Nygaard asked that staff review Mr. Seymour's request to determine if
it can be fulfilled. Mayor Pro Tern Kulchin concurred.
Council Member Finnila said she did not support large animals in multi-family residential
zones. Mayor Lewis concurred with Council Member Finnila and said that it is
inappropriate for horses to be allowed in R-3 zones.
Assistant City Attorney Mobaldi said that since there is a split decision, Mr. Seymour's
request is denied.
Council Member Hall returned to the Council meeting at 1O:lO p.m,
COUNCIL REPORTS AND COMMENTS:
Council Member Hall said he attended the Arts & Craft Fair this past weekend and
there were many people enjoying the event.
Council Member Finnila said this coming weekend New Village Arts Theater is
sponsoring a free performance of "As You Like It" to be held at the Stagecoach Park at
7:OO p.m. and it is free to the public.
Council Member Finnila noted that some of the trees in Village H of Calavera Hills are
diseased and an arborist has recommended that approximately 10-12 trees be marked
and removed. She explained that if the diseased trees were left in place, then the
property would need to be fenced for the public's protection.
CITY MANAGER COMMENTS: None.
August 13,2002 CARLSBAD CITY COUNCIL MEETING Page 10
CITY ATTORNEY COMMENTS: None.
ADJOURNMENT:
By proper motion, the Regular Meeting of August 13, 2002, was adjourned at 1O:ll
p.m.
CITY CLERK
Janice Breitenfeld
Deputy City Clerk