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Home My WebLink About2006-02-21; City Council; MinutesMINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: February 21, 2006 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Pro Tern Hall called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Hall, Kulchin, Packard and Sigafoose Absent: Lewis LEGISLATIVE INVOCATION: Council Member Packard offered the Invocation. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Hall led the Pledge of Allegiance. CONSENT CALENDAR: ACTION: On a motion by Council Member Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #5 as follows: AYES: Hall, Kulchin, Packard and Sigafoose NOES: None ABSENT: Lewis WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #18.450 - REFUND OF OVERPAYMENT OF SEWER CHARGES TO BRINDISI HOMEOWNERS ASSOCIATION. Council adopted RESOLUTION NO. 2006-039. authorizing a refund for overpayment of incorrect sewer charges. 2. AB #18.451 -ACCEPTANCE OF CONSTRUCTION OF CANNON ROAD LIFT STATION - PROJECT NO. 3583-1 A. Council adopted RESOLUTION NO. 2006-040. accepting the construction of the Cannon Road Lift Station as complete, and directing the City Clerk to record the Notice of Completion. February 21, 2006 Carlsbad City Council Meeting Page 2 3. AB #18.452 - ACCEPTANCE OF CONSTRUCTION OF THE 2004/05 STREET SEALING PROJECT - PROJECT NO. 3667-10. Council adopted RESOLUTION NO. 2006-041. accepting the construction of the 2004/05 Street Sealing Project as complete, and directing the City Clerk to record the Notice of Completion. 4. AB #18.453 - INTENTION TO VACATE LOCUST STREET- STV 04-06 (CT 02-18). Council adopted RESOLUTION NO. 2006-042. declaring the City's intention to Vacate Locust Street and setting a public hearing for March 28, 2006. 5. AB #18.454 - APPROVAL OF CO-PAYMENT ASSOCIATED WITH DOOR-TO-DOOR HOUSEHOLD HAZARDOUS WASTE COLLECTION. Council adopted RESOLUTION NO. 2006-043. authorizing Clean Harbors Environmental Services, Inc., to collect a co-payment from residents for services rendered for each pickup related to the door-to-door collection of household hazardous waste (HHW). ORDINANCES FOR INTRODUCTION: 6. AB #18.455 - CITY COUNCIL COMPENSATION. City Attorney Ron Ball titled the Ordinance. Mayor Pro Tem Hall stated that the adjustment will increase Council compensation by $123 per month after the November 2006 election. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-792. amending Title 2, Chapter 2.04, Section 2.04.010 of the Carlsbad Municipal Code to increase the compensation of the Mayor and members of the City Council after the November 2006 General Municipal Election. AYES: Hall, Kulchin, and Packard NOES: Sigafoose ABSENT: Lewis 7. AB #18.456 - AMENDMENT OF THE CARLSBAD MUNICIPAL CODE REGARDING THE PERSONNEL AND EMPLOYER-EMPLOYEE RELATIONS RULES AND REGULATIONS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Kulchin, Council introduced ORDINANCE NO. NS-793. amending Title 2, Chapters 2.08, 2.12, 2.14, 2.44 and 2.48 of the Carlsbad Municipal Code to bring them into conformance with State and Federal Law, the various Memoranda of Understanding and the Employee-Employer Rules and Regulations; and, February 21, 2006 Carlsbad City Council Meeting Page 3 Adopted RESOLUTION NO. 2006-044. amending the City's Personnel Rules and Regulations, and the Employer-Employee Relations Rules and Regulations, to harmonize with the Carlsbad Municipal Code. AYES: Hall, Kulchin, Packard and Sigafoose NOES: None ABSENT: Lewis ORDINANCES FOR ADOPTION: 8. AB #18.457 - ESTABLISHMENT OF A STOP CONTROL AT THE INTERSECTION OF LLAMA STREET AND CORINTIA STREET. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-789. amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code to require a stop on Llama Street at its intersection with Corintia Street. AYES: Hall, Kulchin, Packard and Sigafoose NOES: None ABSENT: Lewis 9. AB #18.458 - AMENDMENT OF THE CALIFORNIA FIRE CODE TO CLARIFY THE REGULATION OF FIREWORKS AND PYROTECHNIC DISPLAYS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-790. amending Article 78 of the 2001 California Fire Code by the addition of Section 17.04.090 to the Carlsbad Municipal Code, to clarify the regulation of fireworks and pyrotechnic displays in Carlsbad. AYES: Hall, Kulchin, Packard and Sigafoose NOES: None ABSENT: Lewis 10. AB #18.459 - ADOPTION OF CONDITIONAL USE PERMIT (CUP) CODE REVISIONS. ZONE CODE AMENDMENT ZCA 04-09. City Attorney Ron Ball titled the Ordinance. In response to an inquiry by Council Member Packard, Mr. Ball confirmed modifications requested at the meeting of February 14, 2006 were incorporated into the Ordinance for adoption. February 21, 2006 Carlsbad City Council Meeting Page 4 ACTION: On a motion by Council Member Kulchin, Council adopted ORDINANCE NO. NS-791. amending Title 21 of the Carlsbad Municipal Code and the Local Coastal Program by revising the Conditional Use Permit code and the sections of allowed uses and conditional uses within all zones. AYES: Hall, Kulchin, Packard and Sigafoose NOES: None ABSENT: Lewis PUBLIC COMMENT: Ron Alvarez, 354 Oak Avenue, Carlsbad, came forward to address Council on behalf of the Concerned Citizens of Carlsbad. Mr. Alvarez requested that the Council Members open the Farmers Insurance Building for public use or sell the building and deposit the proceeds into the City's General Fund. Mr. Alvarez also expressed concerns relating to the construction costs of the community golf course. He requested that the project be stopped immediately and presented to the voters on the November ballot for further approval. Michael Bovenzi, 343 Oak Avenue, expressed concerns relating to the Lincoln/Oak Mixed-Use project. Mr. Bovenzi stated that the perimeter wall of the proposed project exceeds the allowable maximum height of 6 feet as set forth in the Standards of the Village Redevelopment Master Plan and Design Manual. Mr. Bovenzi provided documentation to the Council Members (on file in the Office of the City Clerk), regarding his concerns. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT Mayor Pro Tern Hall adjourned to the Special Meeting of the Carlsbad Municipal Water District at 6:20 p.m. with four Council Members present. ADJOURNMENT TO THE REGULAR MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION Mayor Pro Tern Hall adjourned to the Regular Meeting of the Housing and Redevelopment Commission at 6:21 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Pro tern Hall adjourned the Regular Meeting of the Housing and Redevelopment Commission at 6:22 p.m. with four Council Members present. February 21, 2006 Carlsbad City Council Meeting Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: 11. AB #18.460 - AUTHORIZATION OF DONATION. Council concurred to continue this item to the March 7, 2006 City Council Meeting. 12. AB #18.461 - REQUEST FOR ADDITIONAL APPROPRIATIONS FOR 2005 WINTER STORMS EMERGENCY REPAIRS. Public Works Director Glen Pruim presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mr. Pruim reviewed the emergency repairs that had been completed and repairs still needed as a result of the 2005 winter storms. In response to an inquiry by Council Member Sigafoose, Mr. Pruim stated that the City had received reimbursement of $200,000 from the Federal Emergency Management Agency (FEMA); however, the City had not yet received any assistance from the Federal Highway Authority (FHWA). John Clinnin, 2709 Vancouver Street, Carlsbad, came forward to address Council. Mr. Clinnin stated that he, along with two neighbors, Robert Schultz, 2705 Vancouver Street, and, Anthony Bertucci, 2713 Vancouver Street (also present), had experienced slope failure in their neighborhood. Mr. Clinnin further explained that he and his neighbors had collectively spent over $100,000 on repairs. Mr. Clinnin noted that City staff had previously utilized a video camera to inspect the storm water pipe running through their development. Mr. Clinnin requested that a physical inspection of the storm water pipe be arranged. Mr. Pruim explained that the video camera inspection indicated that the pipe is functioning properly. Mr. Pruim further explained that due to the confined height of the pipe (2 feet), City staff did not physically inspect the pipe. City Manager Ray Patchett offered to meet with Mr. Clinnin regarding his concerns. ACTION: On a motion by Council Member Kulchin, Council adopted RESOLUTION NO. 2006-046. appropriating additional funds in the amount of $1,725,000 to continue 2005 winter storms emergency repairs. AYES: Hall, Kulchin, Packard and Sigafoose NOES: None ABSENT: Lewis COUNCIL REPORTS AND COMMENTS: Mayor Pro Tern Hall and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. February 21, 2006 Carlsbad City Council Meeting Page 6 CITY MANAGER COMMENTS: City Manager Ray Patchett called Administrative Services Director Jim Elliott forward to introduce the City's new Finance Director. Mr. Elliott introduced Lisa Irvine, formerly of the City of San Diego, as the City's new Finance Director. CITY ATTORNEY COMMENTS: None. ADJOURNMENT: By proper motion, the Regular Meeting of February 21, 2006 was adjourned at 6:47 p.m. M. WOOD, C City Clerk Sheila R. Cobian Deputy City Clerk