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Home My WebLink About2003-08-05; City Council; Minutes (2)MINUTES MEETING OF : DATE OF MEETING: August 5,2003 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: CITY COUNCIL (Regular Meeting) City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:02 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Absent: None. Lewis, Finnila, Kulchin, Hall, and Packard. LEG IS LATlVE INVOCATION : The legislative invocation was presented by Pastor Scott Anderson of Carlsbad Christian Assembly. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Council Member Kulchin. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Finnila, Minutes of the following meetings were approved as presented: Minutes of the Regular Meeting held July 8, 2003. Minutes of the Special Meeting held July 15, 2003. Minutes of the Regular Meeting held July 15, 2003. Minutes of the Special Meeting held July 16, 2003. Minutes of the Special Meeting held July 22, 2003. Minutes of the Regular Meeting held July 22, 2003. AYES: NOES: None. ABSTAIN: Council Members Lewis, Finnila, Kulchin, Hall, and Packard Council Member Packard (Minutes of July 22nd only.) PRESENTATIONS: Mayor Lewis presented a Proclamation to Brianna Brimingham, proclaiming August 5, 2003, Briana Birminham Day in the City of Carlsbad. Also present were the members of the fire department parademic crew who had attended to Brianna when she was hit by a car on September 9, 2002, including: Skip Clark, Joe Harden, Rich Vance, Dennis Gated, and Chris Lawrence. Skip Clark spoke on behalf of the group about Brianna's recovery, and presented a dozen roses to her. August 5,2003 CARLSBAD CITY COUNCIL MEETING Page 2 CONSENT CALENDAR: Item No. 3 was removed from the Consent Calendar by Council Member Hall. ACTION: On a motion by Mayor Pro Tem Finnila, Council affirmed the action of the Consent Calendar, Items #I through #6, with the exception of #3, as follows: AYES: NOES: None. Lewis, Finnila, Kulchin, Hall, and Packard. 1. 2. 3. 4. 5. AB # 17,259 -AUTHORIZATION OF RETENTION OF SPECIAL COUNSEL. Council adopted RESOLUTION NO. 2003-205, authorizing the retention of Best, Best, & Krieger as special counsel for legal services regarding the formation of Street Lighting and Landscaping District No. 1. AB # 17,260 - APPROVAL OF FINAL MAP FOR CT 97-23 - MAGNOLIA SU BDlVl SI ON. Council adopted RESOLUTION NO. 2003-206, approving the final map for Carlsbad Tract (CT) 97-23, Magnolia Subdivision, and authorizing the map to be recorded. AB # 17,261- DELEGATION OF AUTHORITY TO THE POLICE DEPARTMENT FOR ALCOHOL BEVERAGE LICENSING MATTERS. This item was removed from the Consent Calendar. AB # 17,262 - PROPOSED CARLSBAD DESALINATION PLANT PROCESSING REQUIREMENTS. Council adopted RESOLUTION NO. 2003-208, allowing the proposed Carlsbad Desalination Plan and Encina Power Plant to be processed without requiring a comprehensive update of the entire Specific Plan 144 (SP-144). AB #17,263 - BUENA VISTA CREEK MAINTENANCE PROGRAM. Council adopted RESOLUTION NO. 2003-209, certifying the Environmental Impact Report (EIR 02-03) for the Buena Vista Creek Long-Term Channel Maintenance Program in Local Facilities Management Zones 1 and 2. August 5,2003 CARLSBAD CITY COUNCIL MEETING Page 3 6. AB # 17,264 - RATIFICATION OF AGREEMENT FOR ANIMAL SERVICES. Council adopted RESOLUTION NO. 2003-21 0, ratifying the Animal Services Agreement between the City and the County of San Diego to provide animal control services from July 1, 2003 through June 30, 2008. ITEM REMOVED FROM THE CONSENT CALENDAR: 3. AB # 17,261 - DELEGATION OF AUTHORITY TO THE POLICE DEPARTMENT FOR ALCOHOL BEVERAGE LICENSING MATTERS. Council Member Hall stated that, in matters relative to ABC licensing, Council has had the ability in the past to condition projects and inquired if this would continue. City Attorney Ron Ball responded that this would still be true, that this action delegates to the Police Department the authority to comment to the ABC on applications to modify or remove conditions on existing alcohol beverage licenses within the City. He stated that this would also be subject to appeal to the City Council. ACTION: On a motion by Council Member Hall, Council adopted RESOLUTION NO. 2003-207, delegating authority to the Police Department to make determinations and submit comments on behalf of the City of Carlsbad to the Department of Alcohol Beverage Control on alcohol beverage licensing matters. AYES: NOES: None. Lewis, Finnila, Kulchin, Hall, and Packard. ORDINANCES FOR INTRODUCTION: 7. AB #17,267 -ADDITION OF A CHAPTER TO THE CARLSBAD MUNICIPAL CODE. Council Member Packard stated that this Ordinance is similar to those adopted by, and in effect in, other cities and the County of San Diego. that a phone call had been received from Brian Biernacki, expressing opposition to the Ordinance (copy of the message is on file in City Clerk’s Office). He also noted, for the record, ACTION: On a motion by Mayor Pro-Tem Finnila, Council introduced ORDINANCE NO. NS-670, adding Chapter 8.29 to the Carlsbad Municipal Code to prohibit spectators at illegal speed contests or exhibitions of speed. AYES: NOES: None. Council Members Lewis, Finnila, Kulchin, Hall and Packard. August 5,2003 CARLSBAD CITY COUNCIL MEETING Page 4 8. AB #17,268 -AMENDMENT OF THE CARLSBAD MUNICIPAL CODE. The staff report was presented by City Attorney Ron Ball. ACTION: On a motion by Council Member Hall, Council introduced ORDINANCE NO. NS-671, amending Sections of Chapter 1.13 of the Carlsbad Municipal Code regarding election campaign disclosure requirements. AYES: NOES: Council Members Lewis, Hall and Packard Council Members Finnila and Kulchin It was noted that Council Members Finnila and Kulchin had cast “no” votes for the reasons expressed previously. ORDINANCES FOR ADOPTION: 9. AB #17,269 -AMENDMENT TO AGREEMENT WITH CALIFORNIA PUBLIC EMPLOYEES, RETIREMENT SYSTEM (CALPERS) SAFETY CONTRACT. ACTION: On a motion by Mayor Pro-Tem Finnila, Council adopted ORDINANCE NO. NS-665, authorizing an amendment to the contract between the City of Carlsbad and the Board of Administration of the California Public Employees’ Retirement System for local fire safety employees. AYES: NOES: None. Council Members Lewis, Finnila, Kulchin, Hall and Packard Items No. 10 and 11 were considered together, and approved by one motion. IO. AB #17,270 -AMENDMENT OF THE CARLSBAD MUNICIPAL CODE. 11. AB #17,271 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE. Council Member Packard inquired whether staff would recommend removing the stop signs if busing were to be reinstated for students at the Olivenhain Pioneer Elementary School. Bob Johnson, Deputy City Engineer, Transportation, responded that the all-way stop is needed to assign right-of-way at the entrance to the school, and that staff would not recommend removal if the busing were reinstated. August 5,2003 CARLSBAD CITY COUNCIL MEETING Page 5 ACTION: On a motion by Mayor Pro-Tem Finnila, Council adopted ORDINANCE NO. NS-668, amending Title 10, Chapter 10.28, Section 10.28.660, of the Carlsbad Municipal Code to require stops on Calle Acervo; and Adopted ORDINANCE NO. NS-669, amending Title IO, Chapter 10.28, Section 10.28.670, of the Carlsbad Municipal Code to require stops on Calle Cordoba. AYES: NOES: None. Council Members Lewis, Finnila, Kulchin, Hall and Packard PUBLIC COMMENT: None. PUBLIC HEARING: 12. AB # 17,265 -WEED ABATEMENT. The staff report was presented by Fire Marshal Karyn Vaudreuil, as contained in the agenda bill. She stated that each of the 40 parcels that had been cleared would be charged for the actual work done by the city contract, plus an administrative fee of $125.00. She noted that staff is requesting that Parcel No. 216-280-13, on line 32 be deleted from the weed abatement report. In response to Council, the Fire Marshal responded that this parcel is the one referenced in the letter, dated August 4, 2003, that was submitted to Council. (Copy of the letter is on file in the City Clerk’s Office.) Ms. Vaudreuil stated that she would be working with the new property owner on this matter. Mayor Lewis opened the public hearing at 6:28 p.m. Since no one wished to speak on the matter, the public hearing was closed at 6:28 p.m. ACTION: On a motion by Mayor Pro-Tem Finnila, Council adopted RESOLUTION NO. 2003-21 1 , confirming the report of the Fire Chief showing cost of weed abatement against each parcel of land in said report (with the deletion requested by the Fire Marshal), confirming the cost, and providing the collection on the regular tax bill. AYES: NOES: None. Council Members Lewis, Finnila, Kulchin, Hall and Packard. August 5,2003 CARLSBAD CITY COUNCIL MEETING Page 6 ITEM FOR RECONSIDERATION: Council Member Hall requested that Council reconsider Consent Calendar Item No. 4, because he should have abstained from voting. By consensus, Council agreed to reconsider the item No. 4. 4. AB # 17,262 - PROPOSED CARLSBAD DESALINATION PLANT PROCESSING REQUIREMENTS. Council Member Hall explained that he had requested reconsideration of this item, as he must abstain from the vote since he owns property near the site. ACTION: On a motion by Mayor Pro-Tem Finnila, Council adopted RESOLUTION NO. 2003-208, allowing the proposed Carlsbad Desalination Plant and Encina Power Plant to be processed without requiring a comprehensive update of the entire Specific Plan 144 (SP-144). AYES: NOES: None. ABSTAIN: Council Member Hall Council Members Lewis, Finnila, Kulchin, and Packard. ADJOURNMENT TO JOINT MEETING OF THE CITY COUNCIL AND MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS Mayor Lewis adjourned to the Joint Meeting of the City Council and the Municipal Water District Board at 6:30 p.m., with all members present. ADJOURNMENT TO MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS Mayor Lewis adjourned the Joint City CounciVMunicipal Water District Meeting to the Meeting of the Carlsbad Municipal Water District Board at 6:31 p.m., with all members present. ADJOURNMENT TO CONTINUATION OF THE CITY COUNCIL MEETING Mayor Lewis adjourned the Meeting of the Municipal Water District Board of Directors, and reconvened the City Council Meeting at 6:32 p.m., with all members present. August 5,2003 CARLSBAD CITY COUNCIL MEETING Page 7 CONTINUATION OF CITY COUNCIL MEETING DEPARTMENTAL AND CITY MANAGER REPORTS: 15. AB #17,272 - REQUEST TO MAKE PRESENTATION. Ofelia Escobedo, Vice President, Fiesta Del Barrio Carlsbad, addressed Council requesting that the City help by contributing some in-kind services, or consider partnering with the Fiesta Del Barrio. With the aid of a Power Point presentation (copy is on file in the City Clerk’s Office), she presented details about the Fiesta, to be held on September 14, 2003, in the historic part of Carlsbad. Ms. Escobedo stated that the Fiesta calls attention to the barrio’s history and legacy, and provides an educational opportunity regarding the culture and traditions of the barrio. She noted that the fiesta will include food, arts, crafts and entertainment, and that the Barrio Museum will be open to the public the day of the fiesta. Mayor Lewis requested that staff explain the City’s current policy regarding funding community activities. Lisa Hildabrand, Finance Director, explained the requirements of the existing Community Activity Grant Program. She stated that under the program, grants cannot be given for more than three years in a row, since the purpose is not to provide constant funding, but to help as programs are initiated. In response to Council inquiry, Ms. Hildabrand explained that the Fiesta has received funding for each of the previous three years. In response to Council inquiry, Assistant City Manager Frank Mannen, explained the cost estimates for provision of in-kind services to the Fiesta, as contained in the memorandum, dated August 5, 2003 (copy is on file in the City Clerk’s Office). Council Members expressed support for maintaining the current funding policy requirements and three year funding limit. Socorro Rodriguez Anderson, 3222 Roosevelt Street, a new member of the Board, stated that the Fiesta is a wonderful opportunity to bring residents of the entire City together to experience the spirit of Carlsbad, and asked that Council provide the support requested. No action was taken on this item. COUNCIL REPORTS AND COMMENTS: Council Member Packard reported on his recent cross country trip. Council Member Finnila reported on the Beach Cleanup to be held Saturday, August 9, 2003, at 9:00 a.m., at Tamarack Beach. COUNCIL REPORTS, Continued August 5,2003 CARLSBAD CITY COUNCIL MEETING Page 8 Council Member Finnila report on the gTH Annual Arts and Crafts Show to be held Sunday, August IO, 2003, from 9:00 a.m. to 5:OO p.m., at the corner of State Street and Grand Avenue. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of July 22, 2003, was adjourned at 6:48 p.m. 4- LOR AlNE M. WOOD Cy CLERK Karen R. Kundtz Assistant City Clerk