Mayor Lewis started the presentations - spoke regarding four firefighter retirements. Speaking about two former Carlsbad firefighters ~ Houston Tucker, passed away in the last week. Other fire fighter is Johnny McKay - local barber - funeral was yesterday.

Keith Blackburn to present Proclamation to Jack Crabtree - Has been with fire department for 24 years. Public should be proud of Mr. Crabtree - very proud of Crabtree.

Mr. Crabtree said a few words - after 33 years in Fire Service - 4th Department to work for (Carlsbad). Appreciate everything that has been done. Taught everything about hybrid electric vehicles.

Council Member Packard to present Proclamation to Joe Harden - member of CFD for 32 years. Applause now.

Council Member Hall presented Proclamation to Matt Valek - Spoke about - dedicated individuals - making community safe.

Hired by CFD in 1980. Trustworthy and courageous employee.

Mayor Pro Tem Kulchin presented a Proclamation to Jim Torretto. 27 years on the fire department. Dedication and interest in Carlsbad.

Jim Torretto speaking now. 30+ years goes by fast.

Thanked City Council and Mayor for the tribute. Also thanked citizens of Carlsbad for opportunity to serve.

Worked for local, state and county government in Fire and also in the private industry.

Thanked his wife for support.

Photos to be taken by photographer now - gentleman commented that the best Fire Chief that the County has ever seen.

Family photos of Torretto and Proc. taken now by Fire Department photographer.

Council and Firefighter now.

Photos finished now.

Photo of Mr. Valek now and wife.

Now photos with Council.

Council and Mr. Crabtree now.

Council and Mr. Harden photo now.

Now fireguys and Council.

All firefighters on the dais at this time. Fire photographer to take pictures.

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.

WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.

Motion to approve WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.

Vote to approve WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. (Approved) (Recorded at 00:24:34)

1. AB #19,697 - SETTLEMENT OF CLAIM. Authorizing the expenditure of funds for the settlement of the Workers' Compensation Claim of Tom Dana. Resolution No. 2009-014. ACTION:

AB #19,697

2. AB #19,698 - APPROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 4 to the agreement with Cotton Bridges Associates for the preparation of an Environmental Impact Report; and, approving the fourth Amended Agreement with La Costa Town Square, LLC, for payment of an EIR consultant, EIR 01-12. Resolution No. 2009-015. ACTION:

AB #19,698

3. AB #19,699 - DECLARATION OF A LOCAL EMERGENCY. Declaring a continued State of Local Emergency resulting from the formation of a sinkhole on December 5, 2008, at 2550 Carlsbad Boulevard, Project No. 3624. Resolution No. 2009-016. ACTION:

AB #19,699

4. AB #19,700 - APPROVE AGREEMENT FOR EXCHANGE OF REAL PROPERTY. Approving the agreement with the Carlsbad Unified School District for Exchange of Real Property and Construction of Improvements at the City Swim Complex Site, PCD/GPC 08-03. Resolution No. 2009-017. ACTION:

AB #19,700

5. AB #19,701 - APPOINTMENTS TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) FUNDING ADVISORY COMMITTEE. Appointing members to the City's Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Funding Advisory Committee for Program Year 2009-2010. Resolution No. 2009-018. ACTION:

AB #19,701

ORDINANCE FOR INTRODUCTION:

6. AB #19,702 - AMENDMENTS TO CHAPTER 11.32 OF THE CARLSBAD MUNICIPAL CODE REGARDING PARKS AND BEACHES. To consider amending Chapter 11.32 of the Carlsbad Municipal Code by amending Section 11.32.030, expanding acts that are prohibited in parks and at the beach; and, amending Section 11.32.040, prohibiting glass containers in parks and at the beach; and, adding Section 11.32.015, adopting the definitions of "Park" and "Vehicle" from Chapter 10.04 of the Carlsbad Municipal Code. Introduction of Ordinance No. CS-022. ACTION:

AB #19,702

City Attorney Ron Ball gave a brief explanation of the proposed Ordinance.

No questions from Council; therefore, City Attorney Ron Ball titled the ORdinance.

Motion to approve 6. AB #19,702 - AMENDMENTS TO CHAPTER 11.32 OF THE CARLSBAD MUNICIPAL CODE REGARDING PARKS AND BEACHES. To consider amending Chapter 11.32 of the Carlsbad Municipal Code by amending Section 11.32.030, expanding acts that are prohibited in parks and at the beach; and, amending Section 11.32.040, prohibiting glass containers in parks and at the beach; and, adding Section 11.32.015, adopting the definitions of "Park" and "Vehicle" from Chapter 10.04 of the Carlsbad Municipal Code. Introduction of Ordinance No. CS-022. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.

Vote to approve 6. AB #19,702 - AMENDMENTS TO CHAPTER 11.32 OF THE CARLSBAD MUNICIPAL CODE REGARDING PARKS AND BEACHES. To consider amending Chapter 11.32 of the Carlsbad Municipal Code by amending Section 11.32.030, expanding acts that are prohibited in parks and at the beach; and, amending Section 11.32.040, prohibiting glass containers in parks and at the beach; and, adding Section 11.32.015, adopting the definitions of "Park" and "Vehicle" from Chapter 10.04 of the Carlsbad Municipal Code. Introduction of Ordinance No. CS-022. ACTION: (Approved) (Recorded at 00:26:18)

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.

Glen Bernard, Avondale Circle, Carlsbad, came forward to address Council. Trees were planted on east side of property. Removed trees that were complained about. Removed trees without Joseph institute of ethics. Spoke about rental income and the benefits of ocean view. Spoke about creation of view ordinances. I noticed no trees on Garfield Street where Mr. Hall lives. Let's protect things that are valuable - let trees be planted where they do not obstruct views.

Walt Meir, Carlsbad, came forward to address Council. Antiquated trash system in Carlsbad. Spoke about green waste trash receptacles. Would like to see yard waste containers. Little amenities are the best.

Brian Fennel, Rancho Carrillo development. Representing neighborhood in parking issue for Paseo Descanzo and Paseo Bravado. Owner/residents of condo units adjacent to neighborhoods has rental people - would like red curb and no parking to 5:00 a.m. to prohibit parking on the street. Name of neighborhood that causes problem? Cascada (response to Hall).

Lewis - confirmed with Ball that they can ask CM to take care of this. Will send to traffic division says CM.

ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL, CARLSBAD MUNICIPAL WATER DISTRICT AND HOUSING AND REDEVELOPMENT COMMISSION

At 6:33 p.m.

CITY OF CARLSBAD

CITY COUNCIL

AND

MUNICIPAL WATER DISTRICT

AND

HOUSING AND REDEVELOPMENT COMMISSION

JOINT SPECIAL MEETING AGENDA

JANUARY 27, 2009

6:00 P.M.

CALL TO ORDER:

ROLL CALL:

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 00:36:51)

Abstained from the 16th.

Minutes of the Special Meeting held December 16, 2008. (Board only)

Minutes of the Special Meeting held January 6, 2009. (Board only)

DEPARTMENTAL AND EXECUTIVE MANAGER REPORT:

7. AB #19,703 - PRESENTATION OF ECONOMIC OVERVIEW. To receive a presentation on the Economic Overview of the City and to consider approving Fiscal Year 2008-09 budget reductions. Council Resolution No. 2009-019. CMWD Resolution No. 1347. HRED Resolution No. 463. ACTION:

AB #19,703

Cynthia Haas and Lisa Irvine presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).

Reviewed foreclosures.

Gave an overview of foreclosures in San Diego County. Gave an overview of Carlsbad statistics. Northeast quadrant home values decreased the most.

11 residential permits issued in the 4th quarter.

As of yesterday - only one residential permit pulled in January (was for a second dwelling unit).

2008 Carlsbad Commercial and Industrial Permitted Square footage - came on line right when recession began.

Outlook for local real estate market is pretty grim.

Unemployment is key factor in economy.

Since recession began - job loss has reached 2.6 million.

Beginning to see lay offs in professions other than Finance and Construction.

Carlsbad Layoff Announcements.

2009 - What to Expect: How to predict how bad it's going to get. Economists agree it will probably be worst than 2008.

Packard - job losses by category? Government/Education and Health services reported together? Per Haas that is the way it is reported.

Lisa Irvine now - presenting regarding the Financial aspect now. Spoke about tax collection.

Irvine - for first 6 months of fiscal year - revenues are tracking pretty well. Slightly ahead of where we projected to be.

Have received some one time revenues from previous years generated.

Property Taxes - trending where it is budgeted and will probably hold it's own. Actuall up 8%.

Aircraft taxes up. Delinquent taxes are up. Current taxes up. Supplemental taxes are down.

Sales Tax contributors. - Auto industry is facing challenge. 17 out of top 25 are vulnerable to the economy. These are in alphabetical order - propriatary information.

Now displayed the Sales tax chart.

Overall sales tax about 5% at this time.

TOT is up through December 2008. Projected decease of 5.5% for the fiscal year though.

Development Related Revenues - decreasing.

Development Related Revenues - down about 44% now - projecting will be down about 47%.

Other factors - monitor State budget. Drop in the yield on the Treasurer's portfolio. Lack of home re-sales on real property transfer taxes and supplemental taxes.

Hi-liting key things about the US econcomy: GDP - is projected to be -.5% - a decreased from 2.8% in Q2.

Unemployment rate = 7.2%. Price per barrel of oil is now approximately $46 down from the high of $150/barrel over the summer.

Packard - is the CPI a negative number. Irvine - CPI is -.7%

Spoke about State balancing budget on one time revenues.

VLF's have stopped being paid to the cities. Projecting that the General fund will be down by $4.6 million by end of fiscal year. Expect approximately a $5.3 million reduction in spendings.

No lay offs being proposed at this time of full time employees.

Reduced Management Pay and small reductions for fire and safety. Also a managed hiring freeze - whenever a vacant position - CM to decide if position to be held open.

End of presentation.

Hall - Page 8 slide 16 please.

Spoke about one time monies in the intergovernmental - about 300 to 400,000 of one time monies. Listen to this again.

Kulchin - what was aircraft taxes before? Since they are up now? Irvine - new revenue that is generated - new law. There are few years in here. Irvine - due to planes that are at airport and being chartered. Will see number to continue unless objected to.

Lewis - how we are projecting the economy to turn around? Irvine at least a three year recession and a slow climb out.

Irvine looking at global

Lewis - look at Escondido, La Mesa and Chula Vista - do we consider the other municipalities as well. Can we find ourselves in the same situation. Haas - clearly what happens in other communities impact Carlsbad.

Motion to approve 7. AB #19,703 - PRESENTATION OF ECONOMIC OVERVIEW. To receive a presentation on the Economic Overview of the City and to consider approving Fiscal Year 2008-09 budget reductions. Council Resolution No. 2009-019. CMWD Resolution No. 1347. HRED Resolution No. 463. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.

Vote to approve 7. AB #19,703 - PRESENTATION OF ECONOMIC OVERVIEW. To receive a presentation on the Economic Overview of the City and to consider approving Fiscal Year 2008-09 budget reductions. Council Resolution No. 2009-019. CMWD Resolution No. 1347. HRED Resolution No. 463. ACTION: (Approved) (Recorded at 01:12:05)

ADJOURNMENT TO JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION

At 7:09 p.m.

CITY OF CARLSBAD

CITY COUNCIL

AND

HOUSING AND REDEVELOPMENT COMMISSION

JOINT SPECIAL MEETING AGENDA

JANUARY 27, 2009

6:00 P.M.

CALL TO ORDER:

ROLL CALL:

DEPARTMENTAL AND EXECUTIVE DIRECTOR REPORT:

8. AB #19,704 - DETERMINATION OF NON-COMPLIANCE OF PROPOSED CARLSBAD ENERGY CENTER PROJECT. To consider making the determination that the proposed Carlsbad Energy Center Project does not comply with the City's applicable land use laws, regulations, ordinances and standards. Joint CC/HRED Resolution No. 2009-020. ACTION:

AB #19,704

Municipal Projects Manager Joe Garuba, Senior Planner Scott Donnell and Housing and Redevelopment Director Debbie Fountain presented the staff report and reviwed a PowerPoint Presentation (on file in the office of the City Clerk.

NRG is subject of hostile takeover bid. - new company is EScalon.

Roles - CEC, NRG, SDGE

Gave location of proposed powerplant.

Showed elevations of proposed stacks.

Gave aerial view of proposed location.

Spoke about widening of I-5.

Spoke about Preliminary Staff Assessments.

Notes should be private.

Gave timeline of revised schedule.

Under best case scenerio - fastest it could go on line would be Summer of 2013.

Now speaking about Land Use Issues - Scott Donnell and Debbie Fountain.

Spoke about Encina Specific Plan (SP 144) - was adopted in 1970. Plan was amended in 2006. Plan complies with state law.

City Council Policy - in 1998 - Resolution 98-145 - established need for update of Encina Specific Plan 144.

General Plan and Zoning Ordinance. Precise Development Plan - another document to be analyzed to see if project complies with regulations.

Local Coastal Plan/Agua Hedionda Land Use Plan - passed in 1980. Each document is in holding pattern.

Debbie Fountain - now - speaking about South Carlsbad Coastal Redevelopment Plan

spoke about new policies.

JOe Garuba concluding now after D. Fountain gave all reasons it would not adhere.

Hall asking - what does ribbon surrounding the plant represent? Garuba - where the existing tanks are - they currently sit below grade of the land by 20 to 25 feet. Proposal is to remove tanks and burms and construct plant in that location.

The ribbon is the burm that goes from top of grade down 20 to 25 feet to base of powerplant. approximately a 2 to 1 slope. From a fire aspect will they be down in the pit to fight a fire? Garuba - working with NRG on that issue.

Fire Chief to address concerns now. Hall - if there was a fire in the facility closest to I-5. Would you try to take equipment between buildings and I-5.

How do we buffer between I-5 and that ribbon - from a beautification aspect? Garuba - a valid question. The energy commission directed the company - said to factor in scenerio 4 of CalTrans proposed widening. From the edge of freeway to burm.

Yet to be determined said Garuba.

Hall - will that be CalTrans or NRG. Garuba - NRG told to develop a protective barrier by CEC.

Staff will be providing comment letter to energy commission.

Lewis - mentioned that access to the plant- will come off area to the south? Per Garuba - they have access to property across railroad tracks.

Lewis - why couldn't they just move plant 25 yards to the west? Garuba - sewer line runs along property (Carlsbad/Vista interceptor).

Could change layout of property per Garuba - might be able to accommodate.

Julie Baker, Carlsbad, intervener - Power of Vision - status with CEC. Urged Council to determine that project is not in compliance with standards.

Chula Vista was turned down because it violated local rulies and regulations by CEC.

Donna Merhap, CArlsbad, came forward to address Council. Has question of who has jurisdiction over lagoon. Does NRG have power to shut down the lagoon. Could they shut down boating rights?

CArrie Siekham, Carlsbad, came forward to address Council. Also an intervenor - representing Terramar, we hope that the Council approves the request. Would also like to compiment staff. Staff has been stellar. Huge issue for Terramar - would love to see coastline protected.

PowerPlants no longer need to be along the coast. Plants can easily be placed inland.

Ron Rouse, Luce Forward, San Diego, came forward to address Council. Counsel for Cabrillo and NRG. Thoroughly familiar with LORS. Presenting additional information regarding benefits associated with power generating project. Submitted letter (on file in the Office of the City Clerk). Benefits of project - involves retirment of 3 of 5 units. Will install two lower profile efficient units. Modern more efficient facility. Can be on-line by 2012. Achieves goal of Carlsbad Redevelopmetn Plan. Will provided new revenues to general Fund.

Project will provide new energy facilities needed in the region.

Assist in retiring sea plant.

A peaking plant that can be used to meet the needs of the energy grid.

Plan is a quick start facility. A brown field development. Will be entirely contained in existing station.

More efficient by using existing structure.

Will improve on state/local/regional basis.

Highly efficient unit. Burns 30% less fuel.

Carlsbad Housing Plan - the proposed project is most energy efficient. Construction payroll will be high.

Will locally purchase materials.

Packard - two questions. First question - retirement and decommissioning of units one two or three. Did not use words removal. Ruse - would not be physically removed until entirety of project will be removed. Decommisisoning does not mean removal - not until entire facility comes down.

Packard - of all the benefits to the City except brown field project - all benefits can be accrued by moving project. Ruse - would have to obtain new infrastructure. Benefit is tapping into existing power grid.

Hall - inferring that old facility will go away? When? No said Ruse. - No time certain.

Hall - when you do talk about this - has to be additional facility? Ruse - an additional ISO. A third facility just to the south asked Hall? Ruse - may be competing interests.

Hall - fair to see more generation at this site or somewhere else.

Hall - what is a peaking plant? Ruse - not a base load plant.

Mr. Tim Hemig - VP of Carlsbad Energy Center LLC - facility or generating unit that can meet demand as needed. This project can be online within 10 minutes.

Hall asked how often a base load runs. Mr. Hemig said 60%.

Hall - how often do you plan to run plant. Mr. Hemig - 3500 hours of operation - and approximately 300 starts and stops per years on a maximum basis. Less than 50% - 47% per Garuba. Permitted as maximum scenario.

Blackburn - the outcry is that location isn't where we want it. Wouldn't it still be profitable if located further east? Ruse - facility cannot locate in the other areas - by not being able to go forward in a green field.

Lewis - reminds me of 70's / 80's SDG&E. To me NRG is lazy. If I knew stockholders I'd show them what they are missing.

Encouraged citizens of Carlsbad to show up at Commission meetings.

Ron Ball to address Lagoon jurisdiction question - it is the property owner who own lands under water. Water is owned by state and City and constitution. The state has a commission that has rules and regulations. The council has designated special use area. Also has a lease with the company. Several other uses - snug harbor and muscle farm and fish hatchery. The applicant does not possess power to change any and all of things. Subject to a trust document. No unilateral decision by applicant.

Meant YMCA.

Motion to approve 8. AB #19,704 - DETERMINATION OF NON-COMPLIANCE OF PROPOSED CARLSBAD ENERGY CENTER PROJECT. To consider making the determination that the proposed Carlsbad Energy Center Project does not comply with the City's applicable land use laws, regulations, ordinances and standards. Joint CC/HRED Resolution No. 2009-020. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.

Vote to approve 8. AB #19,704 - DETERMINATION OF NON-COMPLIANCE OF PROPOSED CARLSBAD ENERGY CENTER PROJECT. To consider making the determination that the proposed Carlsbad Energy Center Project does not comply with the City's applicable land use laws, regulations, ordinances and standards. Joint CC/HRED Resolution No. 2009-020. ACTION: (Approved) (Recorded at 02:23:29)

ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION

AT 8:20 p.m.

CITY OF CARLSBAD

HOUSING AND REDEVELOPMENT COMMISSION

SPECIAL MEETING AGENDA

JANUARY 27, 2009

6:00 P.M.

CALL TO ORDER:

ROLL CALL:

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 02:24:07)

Minutes of the Special Meetings held January 6, 2009

WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.

9. AB #413 - APPROVE AMENDMENT TO LEASE AGREEMENT. Approving Amendment No. 1 to the Lease Agreement with Becky Biddle dba Sowing Sisters Quilt Shop, for the building located at 2787 State Street. Resolution No. 464. ACTION:

AB #413

Motion to approve 9. AB #413 - APPROVE AMENDMENT TO LEASE AGREEMENT. Approving Amendment No. 1 to the Lease Agreement with Becky Biddle dba Sowing Sisters Quilt Shop, for the building located at 2787 State Street. Resolution No. 464. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.

Vote to approve 9. AB #413 - APPROVE AMENDMENT TO LEASE AGREEMENT. Approving Amendment No. 1 to the Lease Agreement with Becky Biddle dba Sowing Sisters Quilt Shop, for the building located at 2787 State Street. Resolution No. 464. ACTION: (Approved) (Recorded at 02:24:23)

ADJOURNMENT TO THE SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY

AT 8:21 p.m.

CITY OF CARLSBAD

PUBLIC FINANCING AUTHORITY

SPECIAL MEETING AGENDA

JANUARY 27, 2009

6:00 P.M.

CALL TO ORDER:

ROLL CALL:

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 02:24:56)

Abstaining from December 9th.

Minutes of the Joint Special Meeting held December 9, 2008.

Minutes of the Special Meeting held December 16, 2008.

WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.

10. AB #39 - APPROVE RATIFICATION OF AMENDMENT TO AGREEMENT. Approving the ratification of Amendment No. 5 to the agreement with Dudek Environmental and Engineering, Inc., for post construction environmental services for The Crossings at Carlsbad Golf Course, Project No. 39722. Resolution No. 50. ACTION:

AB #39

Motion to approve 10. AB #39 - APPROVE RATIFICATION OF AMENDMENT TO AGREEMENT. Approving the ratification of Amendment No. 5 to the agreement with Dudek Environmental and Engineering, Inc., for post construction environmental services for The Crossings at Carlsbad Golf Course, Project No. 39722. Resolution No. 50. ACTION: Moved by Mayor Pro Tem Kulchin, seconded by Council Member Hall.

Vote to approve 10. AB #39 - APPROVE RATIFICATION OF AMENDMENT TO AGREEMENT. Approving the ratification of Amendment No. 5 to the agreement with Dudek Environmental and Engineering, Inc., for post construction environmental services for The Crossings at Carlsbad Golf Course, Project No. 39722. Resolution No. 50. ACTION: (Approved) (Recorded at 02:25:24)

ADJOURNMENT TO CONTINUATION OF THE CITY COUNCIL MEETING

AT 8:22 p.m.

CONTINUATION OF THE CITY COUNCIL MEETING

DEPARTMENTAL AND CITY MANAGER REPORT:

11. AB #19,705 - PRESENTATION OF EFFORTS TO OBTAIN FEDERAL INFRASTRUCTURE FUNDING. To receive a presentation from staff on the status of requests made for federal funding for infrastructure projects. ACTION:

Rob Houston Senior Management Analyst presenting the staff report (on file in the Office of the City Clerk).

Spoke about funding from Government (stimulus projects).

Went ahead and submitted projects.

an again.

AB #19,705

Developing projects for 2010 Federal Appropriations process.

Infrastructure funding will most likely be sent to State agencies rather than local projects.

Provided list to SANDAG group, CalTrans, League of California Cities, Will share list with Congressman Bilbray and Senators.

Hall - thanked staff for work on project.

Council thanked staff for report.

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 - Blackburn went to Sacramento to new Council Member training. Liked that.

Gave credit for well run city.

Packard Now.

Spoke about reduction at NCTD.

Thought for the Night

Hall - SANDAG board meeting.

Kulchin - missed workshop - gave testimony - stakeholders group out of fish and game regarding nourishment of sands on beach. SAFE Meeting last Thursday - Chair. Encina meeting tomorrow.

Lewis - CWA having meeting with Metropolitan.

Spoke about water rate increases.

City Clerk announcements now. I have the list of these.

Hope these notes will save. Meeting is going.

Mayor Lewis commented about a summit regarding homeless issue. Adjournment at 8:38 p.m. in honor of Bob Frazee.

Jan 27, 2009 City Council, Carlsbad Municipal Water District Board, Housing and Redevelopment Commission and Carlsbad Public Financing Authority Board 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 00:02:35)

APPROVAL OF MINUTES:

Kulchin abstain from the 14th.

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 00:03:33)

Minutes of the Special Meeting held January 6, 2009.

Minutes of the Regular Meeting held January 6, 2009.

Minutes of the Special Meeting held January 13, 2009.

Minutes of the Regular Meeting held January 13, 2009.

Minutes of the Special Meeting held January 14, 2009.

Minutes of the Special Meeting held January 20, 2009.

PRESENTATIONS:

Presentation of Retirement Proclamations to Fire Department Employees.

Council stepped down from the dais for Proclamation Presentation.

Keith Blackburn to present Proclamation to Jack Crabtree - Has been with fire department for 24 years. Public should be proud of Mr. Crabtree - very proud of Crabtree.

Mr. Crabtree said a few words - after 33 years in Fire Service - 4th Department to work for (Carlsbad). Appreciate everything that has been done. Taught everything about hybrid electric vehicles.

Council Member Packard to present Proclamation to Joe Harden - member of CFD for 32 years. Applause now.

Council Member Hall presented Proclamation to Matt Valek - Spoke about - dedicated individuals - making community safe.

Hired by CFD in 1980. Trustworthy and courageous employee.

Mayor Pro Tem Kulchin presented a Proclamation to Jim Torretto. 27 years on the fire department. Dedication and interest in Carlsbad.

Jim Torretto speaking now. 30+ years goes by fast.

Thanked City Council and Mayor for the tribute. Also thanked citizens of Carlsbad for opportunity to serve.

Worked for local, state and county government in Fire and also in the private industry.

Thanked his wife for support.

Photos to be taken by photographer now - gentleman commented that the best Fire Chief that the County has ever seen.

Family photos of Torretto and Proc. taken now by Fire Department photographer.

Council and Firefighter now.

Photos finished now.

Photo of Mr. Valek now and wife.

Now photos with Council.

Council and Mr. Crabtree now.

Council and Mr. Harden photo now.

Now fireguys and Council.

All firefighters on the dais at this time. Fire photographer to take pictures.

WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.

Vote to approve WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. (Approved) (Recorded at 00:24:34)

1. AB #19,697 - SETTLEMENT OF CLAIM. Authorizing the expenditure of funds for the settlement of the Workers' Compensation Claim of Tom Dana. Resolution No. 2009-014. ACTION:

AB #19,697

2. AB #19,698 - APPROVE AMENDMENT TO AGREEMENT. Approving Amendment No. 4 to the agreement with Cotton Bridges Associates for the preparation of an Environmental Impact Report; and, approving the fourth Amended Agreement with La Costa Town Square, LLC, for payment of an EIR consultant, EIR 01-12. Resolution No. 2009-015. ACTION:

AB #19,698

3. AB #19,699 - DECLARATION OF A LOCAL EMERGENCY. Declaring a continued State of Local Emergency resulting from the formation of a sinkhole on December 5, 2008, at 2550 Carlsbad Boulevard, Project No. 3624. Resolution No. 2009-016. ACTION:

AB #19,699

4. AB #19,700 - APPROVE AGREEMENT FOR EXCHANGE OF REAL PROPERTY. Approving the agreement with the Carlsbad Unified School District for Exchange of Real Property and Construction of Improvements at the City Swim Complex Site, PCD/GPC 08-03. Resolution No. 2009-017. ACTION:

AB #19,700

5. AB #19,701 - APPOINTMENTS TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP (HOME) FUNDING ADVISORY COMMITTEE. Appointing members to the City's Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Funding Advisory Committee for Program Year 2009-2010. Resolution No. 2009-018. ACTION:

AB #19,701

ORDINANCE FOR INTRODUCTION:

6. AB #19,702 - AMENDMENTS TO CHAPTER 11.32 OF THE CARLSBAD MUNICIPAL CODE REGARDING PARKS AND BEACHES. To consider amending Chapter 11.32 of the Carlsbad Municipal Code by amending Section 11.32.030, expanding acts that are prohibited in parks and at the beach; and, amending Section 11.32.040, prohibiting glass containers in parks and at the beach; and, adding Section 11.32.015, adopting the definitions of "Park" and "Vehicle" from Chapter 10.04 of the Carlsbad Municipal Code. Introduction of Ordinance No. CS-022. ACTION:

AB #19,702

City Attorney Ron Ball gave a brief explanation of the proposed Ordinance.

No questions from Council; therefore, City Attorney Ron Ball titled the ORdinance.

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.

Lewis - confirmed with Ball that they can ask CM to take care of this. Will send to traffic division says CM.

ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL, CARLSBAD MUNICIPAL WATER DISTRICT AND HOUSING AND REDEVELOPMENT COMMISSION

At 6:33 p.m.

CITY OF CARLSBAD

CITY COUNCIL

AND

MUNICIPAL WATER DISTRICT

AND

HOUSING AND REDEVELOPMENT COMMISSION

JOINT SPECIAL MEETING AGENDA

JANUARY 27, 2009

6:00 P.M.

CALL TO ORDER:

ROLL CALL:

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 00:36:51)

Abstained from the 16th.

Minutes of the Special Meeting held December 16, 2008. (Board only)

Minutes of the Special Meeting held January 6, 2009. (Board only)

DEPARTMENTAL AND EXECUTIVE MANAGER REPORT:

7. AB #19,703 - PRESENTATION OF ECONOMIC OVERVIEW. To receive a presentation on the Economic Overview of the City and to consider approving Fiscal Year 2008-09 budget reductions. Council Resolution No. 2009-019. CMWD Resolution No. 1347. HRED Resolution No. 463. ACTION:

AB #19,703

Cynthia Haas and Lisa Irvine presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk).

Reviewed foreclosures.

Gave an overview of foreclosures in San Diego County. Gave an overview of Carlsbad statistics. Northeast quadrant home values decreased the most.

11 residential permits issued in the 4th quarter.

As of yesterday - only one residential permit pulled in January (was for a second dwelling unit).

2008 Carlsbad Commercial and Industrial Permitted Square footage - came on line right when recession began.

Outlook for local real estate market is pretty grim.

Unemployment is key factor in economy.

Since recession began - job loss has reached 2.6 million.

Beginning to see lay offs in professions other than Finance and Construction.

Carlsbad Layoff Announcements.

2009 - What to Expect: How to predict how bad it's going to get. Economists agree it will probably be worst than 2008.

Packard - job losses by category? Government/Education and Health services reported together? Per Haas that is the way it is reported.

Lisa Irvine now - presenting regarding the Financial aspect now. Spoke about tax collection.

Irvine - for first 6 months of fiscal year - revenues are tracking pretty well. Slightly ahead of where we projected to be.

Have received some one time revenues from previous years generated.

Property Taxes - trending where it is budgeted and will probably hold it's own. Actuall up 8%.

Aircraft taxes up. Delinquent taxes are up. Current taxes up. Supplemental taxes are down.

Sales Tax contributors. - Auto industry is facing challenge. 17 out of top 25 are vulnerable to the economy. These are in alphabetical order - propriatary information.

Now displayed the Sales tax chart.

Overall sales tax about 5% at this time.

TOT is up through December 2008. Projected decease of 5.5% for the fiscal year though.

Development Related Revenues - decreasing.

Development Related Revenues - down about 44% now - projecting will be down about 47%.

Other factors - monitor State budget. Drop in the yield on the Treasurer's portfolio. Lack of home re-sales on real property transfer taxes and supplemental taxes.

Hi-liting key things about the US econcomy: GDP - is projected to be -.5% - a decreased from 2.8% in Q2.

Unemployment rate = 7.2%. Price per barrel of oil is now approximately $46 down from the high of $150/barrel over the summer.

Packard - is the CPI a negative number. Irvine - CPI is -.7%

Spoke about State balancing budget on one time revenues.

VLF's have stopped being paid to the cities. Projecting that the General fund will be down by $4.6 million by end of fiscal year. Expect approximately a $5.3 million reduction in spendings.

No lay offs being proposed at this time of full time employees.

Reduced Management Pay and small reductions for fire and safety. Also a managed hiring freeze - whenever a vacant position - CM to decide if position to be held open.

End of presentation.

Hall - Page 8 slide 16 please.

Spoke about one time monies in the intergovernmental - about 300 to 400,000 of one time monies. Listen to this again.

Lewis - how we are projecting the economy to turn around? Irvine at least a three year recession and a slow climb out.

Irvine looking at global

ADJOURNMENT TO JOINT SPECIAL MEETING OF THE CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION

At 7:09 p.m.

CITY OF CARLSBAD

CITY COUNCIL

AND

HOUSING AND REDEVELOPMENT COMMISSION

JOINT SPECIAL MEETING AGENDA

JANUARY 27, 2009

6:00 P.M.

CALL TO ORDER:

ROLL CALL:

DEPARTMENTAL AND EXECUTIVE DIRECTOR REPORT:

8. AB #19,704 - DETERMINATION OF NON-COMPLIANCE OF PROPOSED CARLSBAD ENERGY CENTER PROJECT. To consider making the determination that the proposed Carlsbad Energy Center Project does not comply with the City's applicable land use laws, regulations, ordinances and standards. Joint CC/HRED Resolution No. 2009-020. ACTION:

AB #19,704

NRG is subject of hostile takeover bid. - new company is EScalon.

Roles - CEC, NRG, SDGE

Gave location of proposed powerplant.

Showed elevations of proposed stacks.

Gave aerial view of proposed location.

Spoke about widening of I-5.

Spoke about Preliminary Staff Assessments.

Notes should be private.

Gave timeline of revised schedule.

Under best case scenerio - fastest it could go on line would be Summer of 2013.

Now speaking about Land Use Issues - Scott Donnell and Debbie Fountain.

Spoke about Encina Specific Plan (SP 144) - was adopted in 1970. Plan was amended in 2006. Plan complies with state law.

City Council Policy - in 1998 - Resolution 98-145 - established need for update of Encina Specific Plan 144.

General Plan and Zoning Ordinance. Precise Development Plan - another document to be analyzed to see if project complies with regulations.

Local Coastal Plan/Agua Hedionda Land Use Plan - passed in 1980. Each document is in holding pattern.

Debbie Fountain - now - speaking about South Carlsbad Coastal Redevelopment Plan

spoke about new policies.

JOe Garuba concluding now after D. Fountain gave all reasons it would not adhere.

Fire Chief to address concerns now. Hall - if there was a fire in the facility closest to I-5. Would you try to take equipment between buildings and I-5.

Yet to be determined said Garuba.

Hall - will that be CalTrans or NRG. Garuba - NRG told to develop a protective barrier by CEC.

Staff will be providing comment letter to energy commission.

Lewis - mentioned that access to the plant- will come off area to the south? Per Garuba - they have access to property across railroad tracks.

Lewis - why couldn't they just move plant 25 yards to the west? Garuba - sewer line runs along property (Carlsbad/Vista interceptor).

Could change layout of property per Garuba - might be able to accommodate.

Julie Baker, Carlsbad, intervener - Power of Vision - status with CEC. Urged Council to determine that project is not in compliance with standards.

Chula Vista was turned down because it violated local rulies and regulations by CEC.

Donna Merhap, CArlsbad, came forward to address Council. Has question of who has jurisdiction over lagoon. Does NRG have power to shut down the lagoon. Could they shut down boating rights?

PowerPlants no longer need to be along the coast. Plants can easily be placed inland.

Project will provide new energy facilities needed in the region.

Assist in retiring sea plant.

A peaking plant that can be used to meet the needs of the energy grid.

Plan is a quick start facility. A brown field development. Will be entirely contained in existing station.

More efficient by using existing structure.

Will improve on state/local/regional basis.

Highly efficient unit. Burns 30% less fuel.

Carlsbad Housing Plan - the proposed project is most energy efficient. Construction payroll will be high.

Will locally purchase materials.

Hall - inferring that old facility will go away? When? No said Ruse. - No time certain.

Hall - when you do talk about this - has to be additional facility? Ruse - an additional ISO. A third facility just to the south asked Hall? Ruse - may be competing interests.

Hall - fair to see more generation at this site or somewhere else.

Hall - what is a peaking plant? Ruse - not a base load plant.

Mr. Tim Hemig - VP of Carlsbad Energy Center LLC - facility or generating unit that can meet demand as needed. This project can be online within 10 minutes.

Hall asked how often a base load runs. Mr. Hemig said 60%.

Lewis - reminds me of 70's / 80's SDG&E. To me NRG is lazy. If I knew stockholders I'd show them what they are missing.

Encouraged citizens of Carlsbad to show up at Commission meetings.

Meant YMCA.

ADJOURNMENT TO THE SPECIAL MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION

AT 8:20 p.m.

CITY OF CARLSBAD

HOUSING AND REDEVELOPMENT COMMISSION

SPECIAL MEETING AGENDA

JANUARY 27, 2009

6:00 P.M.

CALL TO ORDER:

ROLL CALL:

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 02:24:07)

Minutes of the Special Meetings held January 6, 2009

WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.

9. AB #413 - APPROVE AMENDMENT TO LEASE AGREEMENT. Approving Amendment No. 1 to the Lease Agreement with Becky Biddle dba Sowing Sisters Quilt Shop, for the building located at 2787 State Street. Resolution No. 464. ACTION:

AB #413

ADJOURNMENT TO THE SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY

AT 8:21 p.m.

CITY OF CARLSBAD

PUBLIC FINANCING AUTHORITY

SPECIAL MEETING AGENDA

JANUARY 27, 2009

6:00 P.M.

CALL TO ORDER:

ROLL CALL:

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 02:24:56)

Abstaining from December 9th.

Minutes of the Joint Special Meeting held December 9, 2008.

Minutes of the Special Meeting held December 16, 2008.

WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting.

10. AB #39 - APPROVE RATIFICATION OF AMENDMENT TO AGREEMENT. Approving the ratification of Amendment No. 5 to the agreement with Dudek Environmental and Engineering, Inc., for post construction environmental services for The Crossings at Carlsbad Golf Course, Project No. 39722. Resolution No. 50. ACTION:

AB #39

ADJOURNMENT TO CONTINUATION OF THE CITY COUNCIL MEETING

AT 8:22 p.m.

CONTINUATION OF THE CITY COUNCIL MEETING

DEPARTMENTAL AND CITY MANAGER REPORT:

11. AB #19,705 - PRESENTATION OF EFFORTS TO OBTAIN FEDERAL INFRASTRUCTURE FUNDING. To receive a presentation from staff on the status of requests made for federal funding for infrastructure projects. ACTION:

Rob Houston Senior Management Analyst presenting the staff report (on file in the Office of the City Clerk).

Spoke about funding from Government (stimulus projects).

Went ahead and submitted projects.

an again.

AB #19,705

Developing projects for 2010 Federal Appropriations process.

Infrastructure funding will most likely be sent to State agencies rather than local projects.

Provided list to SANDAG group, CalTrans, League of California Cities, Will share list with Congressman Bilbray and Senators.

Hall - thanked staff for work on project.

Council thanked staff for report.

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 - Blackburn went to Sacramento to new Council Member training. Liked that.

Gave credit for well run city.

Packard Now.

Spoke about reduction at NCTD.

Thought for the Night

Hall - SANDAG board meeting.

Kulchin - missed workshop - gave testimony - stakeholders group out of fish and game regarding nourishment of sands on beach. SAFE Meeting last Thursday - Chair. Encina meeting tomorrow.

Lewis - CWA having meeting with Metropolitan.

Spoke about water rate increases.

City Clerk announcements now. I have the list of these.

Hope these notes will save. Meeting is going.

Mayor Lewis commented about a summit regarding homeless issue. Adjournment at 8:38 p.m. in honor of Bob Frazee.