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Home My WebLink About2002-09-17; City Council; Minutes (3)MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: SEPTEMBER 17,2002 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, Finnila, Nygaard and Hall. Absent: Kulchin. LEGISLATIVE INVOCATION AND PLEDGE OF ALLEGIANCE: Dwayne Edwards offered the invocation. Council Member Hall led the Pledge of Allegiance. ANNOUNCEMENTS: Mayor Lewis announced that City Council Members have been invited and may be participating in the upcoming event: Wednesday, September 18,2002 - 11:OO a.m. Carlsbad City Council Study Session City of Carlsbad Faraday Center 1635 Faraday Avenue Carlsbad, California. Mayor Lewis announced the passing of Colonel Anthony Skotnicki, a former Carlsbad City Council Member. Mayor Lewis recalled the Colonel’s service to our country and contributions to the community of Carlsbad. CONSENT CALENDAR: Council concurred with staffs request to return Item No. 3 to staff for further evaluation. ACTION: On a motion by Council Member Finnila, Council affirmed the action of the Consent Calendar, Items #I through #5, with the exception of #3, as follows: AYES: Lewis, Finnila, Nygaard and Hall NOES: None. ABSENT: Kulchin. WAIVER OF ORDINANCE TEXT READING: September 17,2002 Carlsbad City Council Meeting Page 2 Council waived the reading of the text of all Ordinances and Resolutions at this Meeting 1. AB #16.887 - RETENTION OF SPECIAL COUNSEL. Council adopted RESOLUTION NO. 2002-272, authorizing retention of the Law Offices of Mary C. Dolkas as special counsel for police legal advisor services. 2. AB #16,888 - CONTRACT AND GRANT AWARD FROM THE COUNTY OF SAN DIEGO AGING & INDEPENDENT SERVICES. Council adopted RESOLUTION NO. 2002-273, accepting the San Diego County Aging & Independent Services (AIS) contract and grant award to provide nutrition, home delivered meals and transportation services, and authorizing the Finance Director to appropriate the funds. ~~ ~ 3. AB #16.889 - REVISE AND RENAME BUYER CLASSIFICATION SPECIFICATION AND AMEND GENERAL EMPLOYEES' SALARY SCHEDULE. This item was returned to staff. 4. AB #16.890 -APPROVAL OF OUT-OF-STATE TRAVEL TO WASHINGTON D.C. FOR LEGISLATIVE PURPOSES. Council adopted RESOLUTION NO. 2002-275, approving and authorizing one Council Member and two staff members to travel to Washington D.C. for legislative/funding purposes. 5. AB #16,891 -APPROVAL OF JOINT USE AGREEMENTS WITH SAN DIEGO GAS & ELECTRIC FOR RANCHO SANTA FE ROAD REALIGNMENT AND WIDENING. Council adopted RESOLUTION NO. 2002-276, approving three Joint Use Agreements with San Diego Gas & Electric Company for Rancho Santa Fe Road Realignment and Widening, Phase 1, Project No. 3190. ORDINANCE FOR INTRODUCTION: 6. AB #16.894 - INTRODUCTION OF ORDINANCES FOR THE 2001 CALIFORNIA FIRE, BUILDING, PLUMBING, ELECTRICAL AND MECHANICAL CODES. Pat Kelley, Principal Building Inspector, and Karyn Vaudreuil, Fire Marshal, presented the staff report and made a Power Point Presentation (on file in the City Clerk's Office). Council Member Finnila noted that Ordinance No. NS-638 states that an oil derrick is exempt from requiring a building permit. She said that a building permit should be required for oil derricks in Carlsbad. Mr. Kelley said that section of the Building Code has been in place for many years. Ron Ball, City Attorney, recommended that the ordinance be introduced tonight. He said that the second reading would be held during the public hearing on October 1". Mr. Ball said that during the interim, staff would investigate the legality of eliminating oil derricks as an exempted use and whether or not local findings need to be made. Mr. Ball said he would make a Council presentation regarding the issue at the October 1'' public hearing. September 17,2002 Carlsbad City Council Meeting Page 3 ACTION: On a motion by Council Member Finnila, Council introduced ORDINANCE NO. NS-637, amending Title 17 of the Carlsbad Municipal Code to adopt by reference the 2001 Edition of the California Fire Code; and, Council introduced ORDINANCE NO. NS-638, amending Title 18 by the amendment of Chapter 18.04, to adopt by reference the California Building Code -Volumes 1, 2, and 3 (2001 Edition); and, Council introduced ORDINANCE NO. NS-639 amending Title 18 Chapter 18.08, to adopt by reference the California Mechanical Code (2001 Edition); and, Council introduced ORDINANCE NO. NS-640, amending Title 18 Chapter 18.12, to adopt by Reference the California Electrical Code (2001 Edition); and, Council introduced ORDINANCE NO. NS-641, amending Title 18 by the Amendment of Chapter 18.16, to adopt by reference the California Plumbing Code (2001 Edition). AYES: Lewis, Finnila, Nygaard and Hall. NOES: None. ABSENT: Kulchin. ORDINANCE FOR ADOPTION: 7. AB #16,892 -AMENDING THE CARLSBAD MUNICIPAL CODE TO REFLECT NEW LAW EFFECTIVE JANUARY 1,2002. Council Member Nygaard said she had reviewed the tape of the City Council Meeting of September 10, 2002, when this item was introduced, and felt qualified to vote on the item. ACTION: On a motion by Council Member Finnila, Council adopted ORDINANCE NO. NS-636, amending Sections 20.36.020 and 20.36.060 of Chapter 20.36 and subsection 20.24.150(b)(2) of Chapter 20.24 to the Carlsbad Municipal Code to reflect new law effective January 1, 2002. AYES: Lewis, Finnila, Nygaard and Hall. NOES: None. ABSENT: Kulchin. PUBLIC COMMENT: Michele Levy, 3021 Highland Avenue, expressed concern for the code violations occurring at 3016 Highland Avenue. Ms. Levy also submitted correspondence from the neighbors opposing the Montessori School (on file in the City Clerk's Office). She noted that the September 17,2002 Carlsbad City Council Meeting Page 4 Planning Commission would consider approval of the Conditional Use Permit at their October 2, 2002 Meeting. In response to the Mayor, Pat Kelley, Principal Building Inspector, said that there is an open code enforcement case on the property at 3016 Highland Avenue. He said that today correspondence was sent to the owner of the property. PUBLIC HEARING: 8. AB #16.895 - REALLOCATION OF HOME FUNDS FOR AFFORDABLE HOUSING. Frank Boensch, Management Analyst, presented the staff report. In response to Council Member Hall, Mr. Boensch said that preliminary estimates indicate that each unit will sell for approximately $180,000. Mayor Lewis opened the duly notice public hearing at 6:21 p.m. and asked if anyone wished to speak on this matter in any way. No one asked to be heard, so the Mayor closed the public hearing at 6:21 p.m. Council Member Hall said he did not support the purchase of 2578 Roosevelt Street and he would not support this agenda item. He felt that the construction of this project would be too expensive. ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION NO. 2002-278, approving the reallocation of CDBGlHOME program Funds, and authorizing the City Manager to Execute Appropriate Documents. E: Lewis, Finnila and Nygaard. NOES: Hall. ABSENT: Kulchin. ADJOURNMENT TO THE MUNICIPAL WATER DISTRICT MEETING: Mayor Lewis adjourned to the Municipal Water District Meeting at 6:22 p.m. with all Board Members present, except Vice Chair Kulchin. ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY OF CARLSBAD, MUNICIPAL WATER DISTRICT, PUBLIC FINANCING AND HOUSING AND REDEVELOPMENT MEETING: President Lewis adjourned to the Joint Special Meeting of the City CouncillMunicipal Water District/Public FinancinglHousing and Redevelopment Meeting at 6:47 p.m. with all Council MernberslBoard MemberslCommissioners present, except Mayor Pro TemNice PresidentAlice Chair Kulchin. September 17,2002 Carlsbad City Council Meeting Page 5 RECONVENE CITY COUNCIL MEETING: Mayor/President/Chair Lewis reconvened the City Council Meeting at 650 p.m. with all members present, except Mayor Pro Tern Kulchin. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. AB # 16,896 -APPROVAL OF ENGINEER'S REPORT AND INCREASE OF FEES FOR SEWER BENEFIT AREAS C. D. E. AND F (SOUTH AGUA HEDIONDA INTERCEPTOR SEWER) Bill Plummer, Deputy City Engineer, made a Power Point Presentation (on file in the City Clerk's Office) and reviewed the staff report. ACTION: On a motion by Council Member Finnila, Council adopted RESOLUTION NO. 2002-279, approving the engineer's report and declaring the City's intention to increase the fees for Sewer Benefit Areas C, D, E, and F (South Agua Hedionda Interceptor Sewer); and, Council introduced ORDINANCE NO. NS-642, adding Section 13.10.808 to the Carlsbad Municipal Code to increase fees in Sewer Benefit Areas C, D, E and F (South Agua Hedionda Interceptor Sewer). E: Lewis, Finnila, Nygaard and Hall. NOES: None. ABSENT: Kulchin. 11. AB #16.897 - UPDATE FROM CARLSBAD'S EMERGENCY MANAGEMENT TEAM. Scott Carroll, Management Analyst; Joe Garuba, Management Analyst; and Pat Kelley, Principal Building Inspector, made a Power Point Presentation (on file in the City Clerk's Office). They discussed various activities that have been in progress for the past 24 months as well as future actions that the team is planning. Mr. Garuba explained the methods in place for contacting residents in case of an emergency. Council Member Hall suggested that the emergency manual be loaded into a laptop instead of a three ring binder. Mr. Kelley said that a hard copy of the manual is important because during an emergency, the power might be out. Council Member Hall asked if the City would distribute iodine tablets due to the City of Carlsbad's close proximity to the San Onofre Nuclear Power Plant. Mr. Garuba said staff would investigate the issue. Mayor Lewis spoke of the importance of security at the emergency operating center, food stores and water storage areas in case of an emergency. Council received and filed the report. September 17,2002 Carlsbad City Council Meeting COUNCIL REPORTS AND COMMENTS: Council Member Hall said he attended the Barrio Fiesta and it was well attended, Page 6 Council Member Nygaard announced that NCTD had contracted with the Cubic Corporation to create a "Smart Card", which could be used for payment on all forms of public transportation. Council Member Finnila expressed appreciation to the United States Fish and Wildlife Service for the habitat grant for use on the Fieldstone Project. Mayor Lewis concurred that the Barrio Fiesta was a success. He noted that the Barrio was a major player during the vote for incorporation. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of September 17, 2002 was adjourned at 7:40 p.m. &hk%L OR INE M. WOOD Cityklerk Janice Breitenfeld Deputy City Clerk