Video index
CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:01:48)
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:02:11)
Minutes of the Special Meeting held April 17, 2008.
11. AB #19,443 - APPOINTMENT OF CITY MANAGER. To consider appointing the Carlsbad Interim City Manager to the position of City Manager. ACTION:
Pulled to beginning of agenda.
Minute Motion 5/0
Lorraine Wood brought L.Hildabrand forward to swear her in.
Lorraine swore Lisa in. Lisa made a brief speech.
AB #19,443
PRESENTATIONS:
Presentation Recognizing and Introducing the 2008 Miss Carlsbad and Miss Teen Carlsbad and their Courts.
Ms. Carlsbad called forward to introduce her Court. Maya Ducamas, Senior at Carlsbad High School. Court, Allison ? Mira Costa College - 18 years old. Lorraine Ladowski, Carlsbad High - Miss Teen Carlsbad. Aly Medrowis , Daniel Middle School, first Princess. Courtney Jones, La Costa Canyon - 15 years old. Listen for this one.
Dana gave a small speech - Carlsbad Lions Club - donated a check for $1000 for the Carlsbad Libraries to assist the sight and hearing impaired to use the libraries.
Photos taken by Richmond now.
End of first round of photos.
Photos by Richmond now of Miss Teen Carlsbad Group.
Proclamation Presentation Recognizing National Tourism Week.
Nancy Naydu and Kurt Burkhart called forward. Mayor Lewis presented a Proclamation to Ms. Nayudu and Mr. Burkhart in recognition of National Tourism Week.
Mr. Burkhart thanked the Council and hi-lited upcoming events. Celebration at Westin Suites May 14, 2008 - some Council to attend.
Proclamation Presentation Recognizing Public Works Week.
Mayor Lewis presented a Proclamation to Public Works Director Glenn Pruim in recognition of Public Works Week.
Mr. Pruim thanked Council on behalf of the Public Works Department. Proud of PW team. In recognition of May 18 - 24 - a Public Works Fair at Dove Library in North Parking Lot - geared to school aged children - 1st through 5th grade.
Wednesday, the 21st of May from 9 to 2:00 p.m.
Photos taken now by Mr. Richmond
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:23:08)
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,435 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of March 31, 2008. ACTION:
AB #19,435
2. AB #19,436 - SUPPORT OF MUNICIPAL BOND RATING SYSTEM REFORM EFFORT. Supporting the campaign for reform of the municipal bond rating system to eliminate discrimination against municipal bonds. Resolution No. 2008-135. ACTION:
AB #19,436
3. AB #19,437 - AGREEMENT TO PROVIDE AMBULANCE BILLING SERVICES. Authorizing the agreement with Critical Care Specialty Billing, Ltd., for ambulance billing services. Resolution No. 2008-136. ACTION:
AB #19,437
4. AB #19,438 - ACCEPTANCE OF DONATIONS FOR 2008 TEEN SCENE: BATTLE OF THE BANDS. Accepting donations of "in-kind" products in support of the 2008 Teen Scene: Battle of the Bands. Resolution No. 2008-137. ACTION:
AB #19,438
5. AB #19,439 - REPORT OUT TERMS AND CONDITIONS IN REES V. CITY OF CARLSBAD. Reporting out the terms and conditions of the general release and settlement of the claim in Rees v. City of Carlsbad. ACTION:
AB #19,439
ORDINANCE FOR INTRODUCTION:
6. AB #19,440 - ORDINANCE REPEALING CHAPTER 5.28 OF THE CARLSBAD MUNICIPAL CODE REGARDING GRANTING AND ADMINISTERING VIDEO SERVICES FRANCHISES WITHIN CARLSBAD. To consider amending Title 5, repealing in its entirety, Chapter 5.28 of the Carlsbad Municipal Code, that is no longer applicable to holders of local video franchises due to the Digital Infrastructure and Video Competition Act of 2006, adopted by the California Legislature which transfers the authority of granting franchises for video services from local jurisdictions to the California Public Utilities Commission. Introduction of Ordinance No. NS-891. ACTION:
Communications Manager Denise Vedder presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Under the Video Competition Act of 2006 collect fees. Biggest impact is direct and in-kind services and PEG fees - will now be collected and used by the City.
Lewis - the high school sports broadcasts - do they still exist. Vedder - under state regulations PEG cannot be used for those Programs.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 6. AB #19,440 - ORDINANCE REPEALING CHAPTER 5.28 OF THE CARLSBAD MUNICIPAL CODE REGARDING GRANTING AND ADMINISTERING VIDEO SERVICES FRANCHISES WITHIN CARLSBAD. To consider amending Title 5, repealing in its entirety, Chapter 5.28 of the Carlsbad Municipal Code, that is no longer applicable to holders of local video franchises due to the Digital Infrastructure and Video Competition Act of 2006, adopted by the California Legislature which transfers the authority of granting franchises for video services from local jurisdictions to the California Public Utilities Commission. Introduction of Ordinance No. NS-891. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 6. AB #19,440 - ORDINANCE REPEALING CHAPTER 5.28 OF THE CARLSBAD MUNICIPAL CODE REGARDING GRANTING AND ADMINISTERING VIDEO SERVICES FRANCHISES WITHIN CARLSBAD. To consider amending Title 5, repealing in its entirety, Chapter 5.28 of the Carlsbad Municipal Code, that is no longer applicable to holders of local video franchises due to the Digital Infrastructure and Video Competition Act of 2006, adopted by the California Legislature which transfers the authority of granting franchises for video services from local jurisdictions to the California Public Utilities Commission. Introduction of Ordinance No. NS-891. ACTION: (Approved) (Recorded at 00:27:55)
AB #19,440
ORDINANCES FOR ADOPTION:
7. AB #19,441 - SENATE BILL #343 - PUBLIC DISCLOSURE OF WRITTEN AGENDA RELATED DOCUMENTS PROVIDED TO CITY COUNCIL FOLLOWING AGENDA DISTRIBUTION. Adopting Ordinance No. NS-887, amending Section 1.20.060 of the Carlsbad Municipal Code to comply with California Senate Bill 343, requiring that all items received by the City Clerk after the distribution of the Agenda packet be made available to the public at the time they are distributed to the City Council. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 7. AB #19,441 - SENATE BILL #343 - PUBLIC DISCLOSURE OF WRITTEN AGENDA RELATED DOCUMENTS PROVIDED TO CITY COUNCIL FOLLOWING AGENDA DISTRIBUTION. Adopting Ordinance No. NS-887, amending Section 1.20.060 of the Carlsbad Municipal Code to comply with California Senate Bill 343, requiring that all items received by the City Clerk after the distribution of the Agenda packet be made available to the public at the time they are distributed to the City Council. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 7. AB #19,441 - SENATE BILL #343 - PUBLIC DISCLOSURE OF WRITTEN AGENDA RELATED DOCUMENTS PROVIDED TO CITY COUNCIL FOLLOWING AGENDA DISTRIBUTION. Adopting Ordinance No. NS-887, amending Section 1.20.060 of the Carlsbad Municipal Code to comply with California Senate Bill 343, requiring that all items received by the City Clerk after the distribution of the Agenda packet be made available to the public at the time they are distributed to the City Council. ACTION: (Approved) (Recorded at 00:28:55)
AB #19,441
8. AB #19,442 - REVISE PRIMA FACIE SPEED LIMIT ON A PORTION OF SOUTHBOUND CARLSBAD BOULEVARD. Adopting Ordinance No. NS-888, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by amending Section 10.44.030, to revise the existing 50 mile per hour prima facie speed limit upon a portion of Southbound Carlsbad Boulevard to establish a 35 mile per hour prima facie speed limit from a point 1,400 feet south of the southerly boundary of the right-of-way of Manzano Drive to Island Way. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 8. AB #19,442 - REVISE PRIMA FACIE SPEED LIMIT ON A PORTION OF SOUTHBOUND CARLSBAD BOULEVARD. Adopting Ordinance No. NS-888, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by amending Section 10.44.030, to revise the existing 50 mile per hour prima facie speed limit upon a portion of Southbound Carlsbad Boulevard to establish a 35 mile per hour prima facie speed limit from a point 1,400 feet south of the southerly boundary of the right-of-way of Manzano Drive to Island Way. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 8. AB #19,442 - REVISE PRIMA FACIE SPEED LIMIT ON A PORTION OF SOUTHBOUND CARLSBAD BOULEVARD. Adopting Ordinance No. NS-888, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by amending Section 10.44.030, to revise the existing 50 mile per hour prima facie speed limit upon a portion of Southbound Carlsbad Boulevard to establish a 35 mile per hour prima facie speed limit from a point 1,400 feet south of the southerly boundary of the right-of-way of Manzano Drive to Island Way. ACTION: (Approved) (Recorded at 00:29:58)
AB #19,442
9. AB #19, 446 - TRAFFIC IMPACT FEE MODIFICATION. Adopting Ordinance No. NS-890, amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code reducing the Traffic Impact Fee for a one-year period effective June 30, 2008 and to provide a grandfathering provision to maintain the Traffic Impact Fee at the current rate of $46 per Average Daily Trip (ADT) for commercial and industrial projects that applied for a grading permit prior to April 8, 2008 and obtain a building permit prior to September 30, 2008. Introduction of Ordinance No. NS-890. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 9. AB #19, 446 - TRAFFIC IMPACT FEE MODIFICATION. Adopting Ordinance No. NS-890, amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code reducing the Traffic Impact Fee for a one-year period effective June 30, 2008 and to provide a grandfathering provision to maintain the Traffic Impact Fee at the current rate of $46 per Average Daily Trip (ADT) for commercial and industrial projects that applied for a grading permit prior to April 8, 2008 and obtain a building permit prior to September 30, 2008. Introduction of Ordinance No. NS-890. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 9. AB #19, 446 - TRAFFIC IMPACT FEE MODIFICATION. Adopting Ordinance No. NS-890, amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code reducing the Traffic Impact Fee for a one-year period effective June 30, 2008 and to provide a grandfathering provision to maintain the Traffic Impact Fee at the current rate of $46 per Average Daily Trip (ADT) for commercial and industrial projects that applied for a grading permit prior to April 8, 2008 and obtain a building permit prior to September 30, 2008. Introduction of Ordinance No. NS-890. ACTION: (Approved) (Recorded at 00:31:21)
AB #19,446
10. AB # 19, 444 - CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE LOCAL COASTAL PROGRAM AMENDMENT 04-17. Adopting Ordinance No. NS-889, amending sections of Chapters 21.85 and 21.86 of the Carlsbad Municipal Code, accepting and administering the California Coastal Commission's suggested modifications to the Local Coastal Program 04-17, Density Bonus Amendment, ZCA 04-10A/LCPA 04-17A. ACTION:
Motion to approve 10. AB # 19, 444 - CALIFORNIA COASTAL COMMISSION\'S SUGGESTED MODIFICATIONS TO THE LOCAL COASTAL PROGRAM AMENDMENT 04-17. Adopting Ordinance No. NS-889, amending sections of Chapters 21.85 and 21.86 of the Carlsbad Municipal Code, accepting and administering the California Coastal Commission\'s suggested modifications to the Local Coastal Program 04-17, Density Bonus Amendment, ZCA 04-10A/LCPA 04-17A. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 10. AB # 19, 444 - CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE LOCAL COASTAL PROGRAM AMENDMENT 04-17. Adopting Ordinance No. NS-889, amending sections of Chapters 21.85 and 21.86 of the Carlsbad Municipal Code, accepting and administering the California Coastal Commission's suggested modifications to the Local Coastal Program 04-17, Density Bonus Amendment, ZCA 04-10A/LCPA 04-17A. ACTION: (Approved) (Recorded at 00:32:28)
AB #19,444
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy spoke in support of establishing a Fire Department Master Plan.
DEPARTMENTAL AND CITY MANAGER REPORTS:
CITY MANGER APPOINTMENT
12. AB #19,445 - REPORT ON NRG'S PROPOSED CARLSBAD ENERGY CENTER PROJECT AND CONSIDERATION OF CITY'S POSITION ON THE PROPOSED PROJECT. To receive an update from staff on NRG's proposal to construct a new power plant, and to consider opposing the proposed Carlsbad Energy Center Project. Resolution No. 2008-138. ACTION:
CM introduced staff Joe Garuba, Municipal Projects Manager.
Municipal Projects Manager Joe Garuba presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Trying to provide a comprehensive analysis of the project.
Gave a brief project overview and work to date.
Gave a Glossary of Terms.
Gave an aerial location view.
Proposed plant will be dry-cooled (air cold component). NRG would shut down Units 1-3 in existing plant. No proposal to shut down or demolish existing plant though.
Gave an overview of key heights.
Smoke stack is currently proposed at 100 feet.
Gave an overview of work to date.
Do not have ultimate jurisdiction.
Displayed the latest schedule provided by CEC.
The workshop in July would be held in this jurisdiction.
Outstanding Issues - Key concerns identified. Project represents an intensification of industrial use along the coast.
Looking for a comprehensive Vision Plan.
The desal project takes about 4 acres and appears to be an office building.
Alternate Locations - infrastructure that currently exists within city and outside the City.
Pointed out - City has been supportive to be regional infrastructure in the past.
Water - limited supply - identified use of reclaimed water for their system. There is not an existing supply of water under the reclaimed system to meet the plants needs.
Wastewater Treatment - unable to identify a solution. - Would need to deal with own waste on site.
Visual Impacts - smokestack proposed at 100 feet at this time; however, undetermined at this time.
Visual Impact - the Interstate 5 Freeway Widening by CALTRANS - identified that a project is on the books to expand the I-5 Freeway - expanded Freeway goes to a distance about 40 feet away from the facility. Will eliminate trees and screening for NRG project.
Visual impacts to be dramatic.
Other outstanding issues - noise impacts; long-term fiscal impacts (generate revenues for the City - however will diminish the value of the property and nearby property); green house gas emissions - approximately 1 million metric tons of green house gas.
Coastal Rail Trail Alignment - as part of the approval of desal project - required to dedicate a portion of property for coastal rail trail. Need to indicate where the alignment of the rail trail.
Summary - Long term vision question for Council?
A 40 to 50 year land use question for the city.
Recommendation to continue.
Need to get name of man - David Lloyd, Carlsbad, came forward to address Council. Tim Hennig also present V.P. Representing NRG West.
Try to get this PowerPoint Presentation from Kim D. NRG is responding to a need for additional power stations in Carlsbad. Listen to what he said about energy demands set down by CEC.
New Project meets needs for future power generation.
An extraordinary public benefit.
Power Plant planning takes many years.
Carlsbad Energy Center will have smaller carbon footprint - new units have fewer overall emissions. Reduced seawater use protects marine life. Quick starting units to be able to support renewable resources on the grid. Supported by environmental groups - Heal the Bay, Surfrider Foundation and Santa Monica Baykeeper.
Encina Plant is not efficient.
NRG has reviewed alternative sites but do not meet needs.
The City's "Work Plan" for developing the South Carlsbad Coastal Redevelopment Project calls for: Demolishing the existing plant; Building the plant between the railroad tracks and I-5; Once built - and existing plant retired - prime coastal property will be available for real estate development.
Work forward to working with City to meet the City's Energy needs.
Packard - what % of time do units 1-3 operate. Gentleman says less than 5% maybe 10% - on standby most of the time.
Have 21000 mega watts depend on once through cooling.
Nygaard - 30% below the grade - is that the furthest down. Mr. said pretty low and had hit pretty solid rock then. Need to have stack high enough into the atmosphere to minimize impacts on environment.
Mr. Rauss (Ron), Carlsbad, came forward to address Council. Have represented Cabrillo/NRG since 1999. Issues identified by Carlsbad, NRG west trying to reach a solution.
To continue discussion and forge the best possible project. Mr. Tim Hemig as Project Manager for NRG on Carlsbad Project.
Arnie Row, Carlsbad, came forward to address Council. Expressed praise for members of the City of Carlsbad for sensing the post of citizens of Carlsbad. Spoke in support of Resolution. Offering to partner with NRG to find sites elsewhere and commend the Council.
Citizens and Council need to express concerns to CEC. Need to consider what would be best for the community.
No one knows when old plant will go away. Dependent on other state authorities.
May put peaking plants within the building. Old plant may not go away.
Would like to see a contractual agreement and negotiates in good faith with staff for alternate sites.
Thanked Garuba and his other staff members for pursuing the interests of the citizens.
Cari Arbel, came forward to address Council. Ms. Arbel thanked staff for work on project. Expressed concerns on behalf of Terramar Residents. Concerned about terrorism in relation to the widening of I-5 in proximity to the PowerPlant.
Would like to bring up the fact that this is just a first phase. They could go for more power on this location.
If built somewhere else old one could be torn down.
The visual and possible dangers need to be considered.
Bad experiences with NRG previously - spoke about pollution scrubbers. APCD (listen for this). People who ran powerplant intended to go to County of Supervisors to avoid putting in the scrubbers.
End of comments.
5 minute recess now.
Time is 7:21 p.m.
Back from Recess at 7:25 p.m.
Nygaard - who are the players in developing the specific plan.
Scott Donnell invited to table to answer that question.
Mr. Donnell explained that the Specific Plan would be the responsibility of NRG and the other major specific plan. Would be a very public process.
Nygaard - we have not made any adjsutment to the area in the Specific Plan. Donnell de-annexed some land along Cannon for golf course.
Nygaard - even though multiple owners would be one specific plan confirmed Donnell.
Lewis - asked if electrical output could be inceased in existing Encina Power Plant. Garuba - does not look like plant could be converted and would require partial demolition - would be costly and constrained. Economically other options valuable to owners.
Nygaard - for years we have looked at moving plant between tracks . ..were we looking at old or new technology. Fountain - we did make statement about powerplant, our primary concern was existing powerplant and redeveloping the land. We now know that plants do not need to be at the coast. More value in other land uses. Could be win/win to find alternate location.
Lewis - Mr. Lloyd - I'm sure there will be a powerplant somewhere in Carlsbad; whenever this plan is developed, is NRG going to give us a proposal for take down of old plant. Mr. Lloyd - from our perspective - have tried to commit in writing - NRG does not control when units 4 and 5 can be shut down. Would not prefer to keep running. Big plant and vital California. Hoping that process will go forward as it has been. Do not want to have a public dispute with the City and will cooperate with the City as best we can.
Is not NRG's goal to keep old plant.
Nygaard - thanked staff for amazing job. Need to continue to work on this and supportive of position suggested by staff.
Packard - appreciate staff's presentation. Going to support staff's recommendation.
Packard - Escondido is good example how a supportive host can expedite development.
Packard - will support staff's recommendation.
Hall - thanked staff and NRG. Vision/Fairness/Economics (in the next 20 to 50 years). The land there presently - some of the most valuable land south of Oceanside.
Hall - also support Resolution as presented.
Kulchin - Mr. Garuba is head of this group - taking this project very seriously.
Powerful group of people working on project.
Motion to approve 12. AB #19,445 - REPORT ON NRG\'S PROPOSED CARLSBAD ENERGY CENTER PROJECT AND CONSIDERATION OF CITY\'S POSITION ON THE PROPOSED PROJECT. To receive an update from staff on NRG\'s proposal to construct a new power plant, and to consider opposing the proposed Carlsbad Energy Center Project. Resolution No. 2008-138. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 12. AB #19,445 - REPORT ON NRG'S PROPOSED CARLSBAD ENERGY CENTER PROJECT AND CONSIDERATION OF CITY'S POSITION ON THE PROPOSED PROJECT. To receive an update from staff on NRG's proposal to construct a new power plant, and to consider opposing the proposed Carlsbad Energy Center Project. Resolution No. 2008-138. ACTION: (Approved) (Recorded at 01:44:58)
Kulchin - need to look at alternatives
Lewis - commented that they liked large smokestacks.
Council Reports.
AB #19,445
PUBLIC COMMENT: Continuation of the Public Comments (if necessary) The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
Council Reports.
Nygaard - to give brief PowerPoint relating to bus lines being cut throughout Carlsbad. Get copy of this.
No one likes these problems; being forced on them due to Transnet funding.
Showed map of routes that will not be available.
Lewis - will we maintain most employees - 10% cut per Nygaard.
Packard - representing City at League of California Cities meeting in San Diego. Spoke about deficit state is dealing with.
Gave Charter City announcement.
Thought for the week - mother comment.
Hall - spoke in support of Charter City.
Kulchin - League of Women Voters supported Prop D.
Spoke about trip to Coastal Commission Meeting - gave presentations - we need to keep parking on Tamarack free.
Mayor was reprimanded and said the City should pay for the fees for City parking lot to remain free.
Lewis - Charter City is in best interest of the City.
Lewis - commented about water - meeting in Hemet last week - a real concern that in 2009 will be more than the 30% cutback - may end up being mandatory rather than voluntary as it is now.
Adjourned at 7:55
May 13, 2008 City Council Meeting
Full agenda
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CALL TO ORDER: 6:00 P.M.
ROLL CALL:
Roll call (5 Present, 0 Absent, 0 Excused) (Recorded at 00:01:48)
APPROVAL OF MINUTES:
Motion to approve APPROVAL OF MINUTES: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve APPROVAL OF MINUTES: (Approved) (Recorded at 00:02:11)
Minutes of the Special Meeting held April 17, 2008.
11. AB #19,443 - APPOINTMENT OF CITY MANAGER. To consider appointing the Carlsbad Interim City Manager to the position of City Manager. ACTION:
Pulled to beginning of agenda.
Minute Motion 5/0
Lorraine Wood brought L.Hildabrand forward to swear her in.
Lorraine swore Lisa in. Lisa made a brief speech.
AB #19,443
PRESENTATIONS:
Presentation Recognizing and Introducing the 2008 Miss Carlsbad and Miss Teen Carlsbad and their Courts.
Ms. Carlsbad called forward to introduce her Court. Maya Ducamas, Senior at Carlsbad High School. Court, Allison ? Mira Costa College - 18 years old. Lorraine Ladowski, Carlsbad High - Miss Teen Carlsbad. Aly Medrowis , Daniel Middle School, first Princess. Courtney Jones, La Costa Canyon - 15 years old. Listen for this one.
Dana gave a small speech - Carlsbad Lions Club - donated a check for $1000 for the Carlsbad Libraries to assist the sight and hearing impaired to use the libraries.
Photos taken by Richmond now.
End of first round of photos.
Photos by Richmond now of Miss Teen Carlsbad Group.
Proclamation Presentation Recognizing National Tourism Week.
Nancy Naydu and Kurt Burkhart called forward. Mayor Lewis presented a Proclamation to Ms. Nayudu and Mr. Burkhart in recognition of National Tourism Week.
Mr. Burkhart thanked the Council and hi-lited upcoming events. Celebration at Westin Suites May 14, 2008 - some Council to attend.
Proclamation Presentation Recognizing Public Works Week.
Mayor Lewis presented a Proclamation to Public Works Director Glenn Pruim in recognition of Public Works Week.
Mr. Pruim thanked Council on behalf of the Public Works Department. Proud of PW team. In recognition of May 18 - 24 - a Public Works Fair at Dove Library in North Parking Lot - geared to school aged children - 1st through 5th grade.
Wednesday, the 21st of May from 9 to 2:00 p.m.
Photos taken now by Mr. Richmond
CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed.
Motion to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve CONSENT CALENDAR: The items listed under Consent Calendar are considered routine and will be enacted by one motion as listed. There will be no separate discussion on these items prior to the vote, unless an item is removed. (Approved) (Recorded at 00:23:08)
WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.
1. AB #19,435 - REPORT ON CITY INVESTMENTS. Accepting the City Treasurer's Report on City Investments as of March 31, 2008. ACTION:
AB #19,435
2. AB #19,436 - SUPPORT OF MUNICIPAL BOND RATING SYSTEM REFORM EFFORT. Supporting the campaign for reform of the municipal bond rating system to eliminate discrimination against municipal bonds. Resolution No. 2008-135. ACTION:
AB #19,436
3. AB #19,437 - AGREEMENT TO PROVIDE AMBULANCE BILLING SERVICES. Authorizing the agreement with Critical Care Specialty Billing, Ltd., for ambulance billing services. Resolution No. 2008-136. ACTION:
AB #19,437
4. AB #19,438 - ACCEPTANCE OF DONATIONS FOR 2008 TEEN SCENE: BATTLE OF THE BANDS. Accepting donations of "in-kind" products in support of the 2008 Teen Scene: Battle of the Bands. Resolution No. 2008-137. ACTION:
AB #19,438
5. AB #19,439 - REPORT OUT TERMS AND CONDITIONS IN REES V. CITY OF CARLSBAD. Reporting out the terms and conditions of the general release and settlement of the claim in Rees v. City of Carlsbad. ACTION:
AB #19,439
ORDINANCE FOR INTRODUCTION:
6. AB #19,440 - ORDINANCE REPEALING CHAPTER 5.28 OF THE CARLSBAD MUNICIPAL CODE REGARDING GRANTING AND ADMINISTERING VIDEO SERVICES FRANCHISES WITHIN CARLSBAD. To consider amending Title 5, repealing in its entirety, Chapter 5.28 of the Carlsbad Municipal Code, that is no longer applicable to holders of local video franchises due to the Digital Infrastructure and Video Competition Act of 2006, adopted by the California Legislature which transfers the authority of granting franchises for video services from local jurisdictions to the California Public Utilities Commission. Introduction of Ordinance No. NS-891. ACTION:
Communications Manager Denise Vedder presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).
Under the Video Competition Act of 2006 collect fees. Biggest impact is direct and in-kind services and PEG fees - will now be collected and used by the City.
Lewis - the high school sports broadcasts - do they still exist. Vedder - under state regulations PEG cannot be used for those Programs.
City Attorney Ron Ball titled the Ordinance.
Motion to approve 6. AB #19,440 - ORDINANCE REPEALING CHAPTER 5.28 OF THE CARLSBAD MUNICIPAL CODE REGARDING GRANTING AND ADMINISTERING VIDEO SERVICES FRANCHISES WITHIN CARLSBAD. To consider amending Title 5, repealing in its entirety, Chapter 5.28 of the Carlsbad Municipal Code, that is no longer applicable to holders of local video franchises due to the Digital Infrastructure and Video Competition Act of 2006, adopted by the California Legislature which transfers the authority of granting franchises for video services from local jurisdictions to the California Public Utilities Commission. Introduction of Ordinance No. NS-891. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 6. AB #19,440 - ORDINANCE REPEALING CHAPTER 5.28 OF THE CARLSBAD MUNICIPAL CODE REGARDING GRANTING AND ADMINISTERING VIDEO SERVICES FRANCHISES WITHIN CARLSBAD. To consider amending Title 5, repealing in its entirety, Chapter 5.28 of the Carlsbad Municipal Code, that is no longer applicable to holders of local video franchises due to the Digital Infrastructure and Video Competition Act of 2006, adopted by the California Legislature which transfers the authority of granting franchises for video services from local jurisdictions to the California Public Utilities Commission. Introduction of Ordinance No. NS-891. ACTION: (Approved) (Recorded at 00:27:55)
AB #19,440
ORDINANCES FOR ADOPTION:
7. AB #19,441 - SENATE BILL #343 - PUBLIC DISCLOSURE OF WRITTEN AGENDA RELATED DOCUMENTS PROVIDED TO CITY COUNCIL FOLLOWING AGENDA DISTRIBUTION. Adopting Ordinance No. NS-887, amending Section 1.20.060 of the Carlsbad Municipal Code to comply with California Senate Bill 343, requiring that all items received by the City Clerk after the distribution of the Agenda packet be made available to the public at the time they are distributed to the City Council. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 7. AB #19,441 - SENATE BILL #343 - PUBLIC DISCLOSURE OF WRITTEN AGENDA RELATED DOCUMENTS PROVIDED TO CITY COUNCIL FOLLOWING AGENDA DISTRIBUTION. Adopting Ordinance No. NS-887, amending Section 1.20.060 of the Carlsbad Municipal Code to comply with California Senate Bill 343, requiring that all items received by the City Clerk after the distribution of the Agenda packet be made available to the public at the time they are distributed to the City Council. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 7. AB #19,441 - SENATE BILL #343 - PUBLIC DISCLOSURE OF WRITTEN AGENDA RELATED DOCUMENTS PROVIDED TO CITY COUNCIL FOLLOWING AGENDA DISTRIBUTION. Adopting Ordinance No. NS-887, amending Section 1.20.060 of the Carlsbad Municipal Code to comply with California Senate Bill 343, requiring that all items received by the City Clerk after the distribution of the Agenda packet be made available to the public at the time they are distributed to the City Council. ACTION: (Approved) (Recorded at 00:28:55)
AB #19,441
8. AB #19,442 - REVISE PRIMA FACIE SPEED LIMIT ON A PORTION OF SOUTHBOUND CARLSBAD BOULEVARD. Adopting Ordinance No. NS-888, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by amending Section 10.44.030, to revise the existing 50 mile per hour prima facie speed limit upon a portion of Southbound Carlsbad Boulevard to establish a 35 mile per hour prima facie speed limit from a point 1,400 feet south of the southerly boundary of the right-of-way of Manzano Drive to Island Way. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 8. AB #19,442 - REVISE PRIMA FACIE SPEED LIMIT ON A PORTION OF SOUTHBOUND CARLSBAD BOULEVARD. Adopting Ordinance No. NS-888, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by amending Section 10.44.030, to revise the existing 50 mile per hour prima facie speed limit upon a portion of Southbound Carlsbad Boulevard to establish a 35 mile per hour prima facie speed limit from a point 1,400 feet south of the southerly boundary of the right-of-way of Manzano Drive to Island Way. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 8. AB #19,442 - REVISE PRIMA FACIE SPEED LIMIT ON A PORTION OF SOUTHBOUND CARLSBAD BOULEVARD. Adopting Ordinance No. NS-888, amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by amending Section 10.44.030, to revise the existing 50 mile per hour prima facie speed limit upon a portion of Southbound Carlsbad Boulevard to establish a 35 mile per hour prima facie speed limit from a point 1,400 feet south of the southerly boundary of the right-of-way of Manzano Drive to Island Way. ACTION: (Approved) (Recorded at 00:29:58)
AB #19,442
9. AB #19, 446 - TRAFFIC IMPACT FEE MODIFICATION. Adopting Ordinance No. NS-890, amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code reducing the Traffic Impact Fee for a one-year period effective June 30, 2008 and to provide a grandfathering provision to maintain the Traffic Impact Fee at the current rate of $46 per Average Daily Trip (ADT) for commercial and industrial projects that applied for a grading permit prior to April 8, 2008 and obtain a building permit prior to September 30, 2008. Introduction of Ordinance No. NS-890. ACTION:
City Attorney Ron Ball titled the Ordinance.
Motion to approve 9. AB #19, 446 - TRAFFIC IMPACT FEE MODIFICATION. Adopting Ordinance No. NS-890, amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code reducing the Traffic Impact Fee for a one-year period effective June 30, 2008 and to provide a grandfathering provision to maintain the Traffic Impact Fee at the current rate of $46 per Average Daily Trip (ADT) for commercial and industrial projects that applied for a grading permit prior to April 8, 2008 and obtain a building permit prior to September 30, 2008. Introduction of Ordinance No. NS-890. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 9. AB #19, 446 - TRAFFIC IMPACT FEE MODIFICATION. Adopting Ordinance No. NS-890, amending Title 18, Chapter 18.42 of the Carlsbad Municipal Code reducing the Traffic Impact Fee for a one-year period effective June 30, 2008 and to provide a grandfathering provision to maintain the Traffic Impact Fee at the current rate of $46 per Average Daily Trip (ADT) for commercial and industrial projects that applied for a grading permit prior to April 8, 2008 and obtain a building permit prior to September 30, 2008. Introduction of Ordinance No. NS-890. ACTION: (Approved) (Recorded at 00:31:21)
AB #19,446
10. AB # 19, 444 - CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE LOCAL COASTAL PROGRAM AMENDMENT 04-17. Adopting Ordinance No. NS-889, amending sections of Chapters 21.85 and 21.86 of the Carlsbad Municipal Code, accepting and administering the California Coastal Commission's suggested modifications to the Local Coastal Program 04-17, Density Bonus Amendment, ZCA 04-10A/LCPA 04-17A. ACTION:
Motion to approve 10. AB # 19, 444 - CALIFORNIA COASTAL COMMISSION\'S SUGGESTED MODIFICATIONS TO THE LOCAL COASTAL PROGRAM AMENDMENT 04-17. Adopting Ordinance No. NS-889, amending sections of Chapters 21.85 and 21.86 of the Carlsbad Municipal Code, accepting and administering the California Coastal Commission\'s suggested modifications to the Local Coastal Program 04-17, Density Bonus Amendment, ZCA 04-10A/LCPA 04-17A. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 10. AB # 19, 444 - CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO THE LOCAL COASTAL PROGRAM AMENDMENT 04-17. Adopting Ordinance No. NS-889, amending sections of Chapters 21.85 and 21.86 of the Carlsbad Municipal Code, accepting and administering the California Coastal Commission's suggested modifications to the Local Coastal Program 04-17, Density Bonus Amendment, ZCA 04-10A/LCPA 04-17A. ACTION: (Approved) (Recorded at 00:32:28)
AB #19,444
PUBLIC COMMENT: In conformance with the Brown Act, no Council action can occur on items presented during Public Comment. A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak during Public Comment, fill out a SPEAKER CARD and place it in the clear tray on the wall adjacent to the Deputy City Clerk. If there are more than five (5) speakers, the remaining speakers will be heard at the end of the agenda just prior to Council Reports. When you are called to speak, please come forward and state your name and address.
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy spoke in support of establishing a Fire Department Master Plan.
DEPARTMENTAL AND CITY MANAGER REPORTS:
CITY MANGER APPOINTMENT
12. AB #19,445 - REPORT ON NRG'S PROPOSED CARLSBAD ENERGY CENTER PROJECT AND CONSIDERATION OF CITY'S POSITION ON THE PROPOSED PROJECT. To receive an update from staff on NRG's proposal to construct a new power plant, and to consider opposing the proposed Carlsbad Energy Center Project. Resolution No. 2008-138. ACTION:
CM introduced staff Joe Garuba, Municipal Projects Manager.
Municipal Projects Manager Joe Garuba presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Trying to provide a comprehensive analysis of the project.
Gave a brief project overview and work to date.
Gave a Glossary of Terms.
Gave an aerial location view.
Proposed plant will be dry-cooled (air cold component). NRG would shut down Units 1-3 in existing plant. No proposal to shut down or demolish existing plant though.
Gave an overview of key heights.
Smoke stack is currently proposed at 100 feet.
Gave an overview of work to date.
Do not have ultimate jurisdiction.
Displayed the latest schedule provided by CEC.
The workshop in July would be held in this jurisdiction.
Outstanding Issues - Key concerns identified. Project represents an intensification of industrial use along the coast.
Looking for a comprehensive Vision Plan.
The desal project takes about 4 acres and appears to be an office building.
Alternate Locations - infrastructure that currently exists within city and outside the City.
Pointed out - City has been supportive to be regional infrastructure in the past.
Water - limited supply - identified use of reclaimed water for their system. There is not an existing supply of water under the reclaimed system to meet the plants needs.
Wastewater Treatment - unable to identify a solution. - Would need to deal with own waste on site.
Visual Impacts - smokestack proposed at 100 feet at this time; however, undetermined at this time.
Visual Impact - the Interstate 5 Freeway Widening by CALTRANS - identified that a project is on the books to expand the I-5 Freeway - expanded Freeway goes to a distance about 40 feet away from the facility. Will eliminate trees and screening for NRG project.
Visual impacts to be dramatic.
Other outstanding issues - noise impacts; long-term fiscal impacts (generate revenues for the City - however will diminish the value of the property and nearby property); green house gas emissions - approximately 1 million metric tons of green house gas.
Coastal Rail Trail Alignment - as part of the approval of desal project - required to dedicate a portion of property for coastal rail trail. Need to indicate where the alignment of the rail trail.
Summary - Long term vision question for Council?
A 40 to 50 year land use question for the city.
Recommendation to continue.
Need to get name of man - David Lloyd, Carlsbad, came forward to address Council. Tim Hennig also present V.P. Representing NRG West.
Try to get this PowerPoint Presentation from Kim D. NRG is responding to a need for additional power stations in Carlsbad. Listen to what he said about energy demands set down by CEC.
New Project meets needs for future power generation.
An extraordinary public benefit.
Power Plant planning takes many years.
Carlsbad Energy Center will have smaller carbon footprint - new units have fewer overall emissions. Reduced seawater use protects marine life. Quick starting units to be able to support renewable resources on the grid. Supported by environmental groups - Heal the Bay, Surfrider Foundation and Santa Monica Baykeeper.
Encina Plant is not efficient.
NRG has reviewed alternative sites but do not meet needs.
The City's "Work Plan" for developing the South Carlsbad Coastal Redevelopment Project calls for: Demolishing the existing plant; Building the plant between the railroad tracks and I-5; Once built - and existing plant retired - prime coastal property will be available for real estate development.
Work forward to working with City to meet the City's Energy needs.
Packard - what % of time do units 1-3 operate. Gentleman says less than 5% maybe 10% - on standby most of the time.
Have 21000 mega watts depend on once through cooling.
Nygaard - 30% below the grade - is that the furthest down. Mr. said pretty low and had hit pretty solid rock then. Need to have stack high enough into the atmosphere to minimize impacts on environment.
Mr. Rauss (Ron), Carlsbad, came forward to address Council. Have represented Cabrillo/NRG since 1999. Issues identified by Carlsbad, NRG west trying to reach a solution.
To continue discussion and forge the best possible project. Mr. Tim Hemig as Project Manager for NRG on Carlsbad Project.
Arnie Row, Carlsbad, came forward to address Council. Expressed praise for members of the City of Carlsbad for sensing the post of citizens of Carlsbad. Spoke in support of Resolution. Offering to partner with NRG to find sites elsewhere and commend the Council.
Citizens and Council need to express concerns to CEC. Need to consider what would be best for the community.
No one knows when old plant will go away. Dependent on other state authorities.
May put peaking plants within the building. Old plant may not go away.
Would like to see a contractual agreement and negotiates in good faith with staff for alternate sites.
Thanked Garuba and his other staff members for pursuing the interests of the citizens.
Cari Arbel, came forward to address Council. Ms. Arbel thanked staff for work on project. Expressed concerns on behalf of Terramar Residents. Concerned about terrorism in relation to the widening of I-5 in proximity to the PowerPlant.
Would like to bring up the fact that this is just a first phase. They could go for more power on this location.
If built somewhere else old one could be torn down.
The visual and possible dangers need to be considered.
Bad experiences with NRG previously - spoke about pollution scrubbers. APCD (listen for this). People who ran powerplant intended to go to County of Supervisors to avoid putting in the scrubbers.
End of comments.
5 minute recess now.
Time is 7:21 p.m.
Back from Recess at 7:25 p.m.
Nygaard - who are the players in developing the specific plan.
Scott Donnell invited to table to answer that question.
Mr. Donnell explained that the Specific Plan would be the responsibility of NRG and the other major specific plan. Would be a very public process.
Nygaard - we have not made any adjsutment to the area in the Specific Plan. Donnell de-annexed some land along Cannon for golf course.
Nygaard - even though multiple owners would be one specific plan confirmed Donnell.
Lewis - asked if electrical output could be inceased in existing Encina Power Plant. Garuba - does not look like plant could be converted and would require partial demolition - would be costly and constrained. Economically other options valuable to owners.
Nygaard - for years we have looked at moving plant between tracks . ..were we looking at old or new technology. Fountain - we did make statement about powerplant, our primary concern was existing powerplant and redeveloping the land. We now know that plants do not need to be at the coast. More value in other land uses. Could be win/win to find alternate location.
Lewis - Mr. Lloyd - I'm sure there will be a powerplant somewhere in Carlsbad; whenever this plan is developed, is NRG going to give us a proposal for take down of old plant. Mr. Lloyd - from our perspective - have tried to commit in writing - NRG does not control when units 4 and 5 can be shut down. Would not prefer to keep running. Big plant and vital California. Hoping that process will go forward as it has been. Do not want to have a public dispute with the City and will cooperate with the City as best we can.
Is not NRG's goal to keep old plant.
Nygaard - thanked staff for amazing job. Need to continue to work on this and supportive of position suggested by staff.
Packard - appreciate staff's presentation. Going to support staff's recommendation.
Packard - Escondido is good example how a supportive host can expedite development.
Packard - will support staff's recommendation.
Hall - thanked staff and NRG. Vision/Fairness/Economics (in the next 20 to 50 years). The land there presently - some of the most valuable land south of Oceanside.
Hall - also support Resolution as presented.
Kulchin - Mr. Garuba is head of this group - taking this project very seriously.
Powerful group of people working on project.
Motion to approve 12. AB #19,445 - REPORT ON NRG\'S PROPOSED CARLSBAD ENERGY CENTER PROJECT AND CONSIDERATION OF CITY\'S POSITION ON THE PROPOSED PROJECT. To receive an update from staff on NRG\'s proposal to construct a new power plant, and to consider opposing the proposed Carlsbad Energy Center Project. Resolution No. 2008-138. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.
Vote to approve 12. AB #19,445 - REPORT ON NRG'S PROPOSED CARLSBAD ENERGY CENTER PROJECT AND CONSIDERATION OF CITY'S POSITION ON THE PROPOSED PROJECT. To receive an update from staff on NRG's proposal to construct a new power plant, and to consider opposing the proposed Carlsbad Energy Center Project. Resolution No. 2008-138. ACTION: (Approved) (Recorded at 01:44:58)
Kulchin - need to look at alternatives
Lewis - commented that they liked large smokestacks.
Council Reports.
AB #19,445
PUBLIC COMMENT: Continuation of the Public Comments (if necessary) The remainder of the categories are for reporting purposes. In conformance with the Brown Act, no public testimony and no Council action can occur on these items.
Council Reports.
Nygaard - to give brief PowerPoint relating to bus lines being cut throughout Carlsbad. Get copy of this.
No one likes these problems; being forced on them due to Transnet funding.
Showed map of routes that will not be available.
Lewis - will we maintain most employees - 10% cut per Nygaard.
Packard - representing City at League of California Cities meeting in San Diego. Spoke about deficit state is dealing with.
Gave Charter City announcement.
Thought for the week - mother comment.
Hall - spoke in support of Charter City.
Kulchin - League of Women Voters supported Prop D.
Spoke about trip to Coastal Commission Meeting - gave presentations - we need to keep parking on Tamarack free.
Mayor was reprimanded and said the City should pay for the fees for City parking lot to remain free.
Lewis - Charter City is in best interest of the City.
Lewis - commented about water - meeting in Hemet last week - a real concern that in 2009 will be more than the 30% cutback - may end up being mandatory rather than voluntary as it is now.
Adjourned at 7:55
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