Video index

CALL TO ORDER: 6:00 P.M.

ROLL CALL:

LEGISLATIVE INVOCATION:

Philip Hoyer flag by Hs all

PLEDGE OF ALLEGIANCE:

Mayor noted Closed session, directed City Attorney and staff on the matter, regarding Power Plant public hearings.

APPROVAL OF MINUTES:

minutes approved 5/0

Minutes of the Special Meeting held January 12, 2010.

Minutes of the Joint Special Meeting held January 12, 2010.

Minutes of the Regular Meeting held January 12, 2010.

Minutes of the Special Meetings held January 19, 2010.

Minutes of the Special Meeting held January 26, 2010.

Minutes of the Regular Meeting held January 26, 2010.

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.

1. AB #20,113 - REPORT OUT SETTLEMENT AGREEMENT. Reporting out the terms and conditions of the Settlement Agreement with TELACU Construction Management, Inc. ACTION:

AB #20,113

2. AB #20,114 - REPORT ON CITY INVESTMENTS . Accepting the City Treasurer's Report on City Investments as of December 31, 2009. ACTION:

AB #20,114

3. AB #20,115 - AWARD OF CONTRACT. Accepting bids and awarding a contract to Empire Pipeline for the Corrugated Metal Pipe Replacement Program for State Street and Oak Avenue, Project No. 6607. Resolution No. 2010-021. ACTION:

AB #20,115

4. AB #20,116 - APPROVE AMENDMENTS TO AGREEMENTS. Approving the amendments to the agreements with Nolte Associates, Inc., and with EDAW/AECOM, for construction phase design engineering and environmental services for the Encinas Creek Bridge Project No. 3919. Resolution No. 2010-022. ACTION:

AB #20,116

5. AB #20,117 - DECLARATION OF INTENT TO VACATE STREET RIGHT-OF-WAY. Declaring the intention to vacate a portion of El Camino Real between Crestview Drive and Lisa Street, and setting a public hearing for March 9, 2010. Resolution No. 2010-023. ACTION:

AB #20,117

6. AB #20,118 - APPROVE AGREEMENT FOR THE PURCHASE OF SOFTWARE. Approving the agreement with Lawson Software America, Inc., for the purchase of a Human Capital Management System (HCMS). Resolution No. 2010-024. ACTION:

AB #20,118

7. AB #20,119 - APPROVE AGREEMENT FOR SOFTWARE HOST SERVICES. Approving the agreement with Velocity Technology Solutions, Inc., for hosting services of the Human Capital Management System (HCMS) software. Resolution No. 2010-025. ACTION:

AB #20,119

8. AB #20,124 - APPROVE AGREEMENT FOR SERVICES RELATED TO SOFTWARE INSTALLATION. Approving an agreement with Leckey Consulting, Inc., for project management services related to the installation of the Human Capital Management System (HCMS) software. Resolution No. 2010-028. ACTION:

AB #20,124

9. AB #20,125 - REVISE PERSONNEL RULES. Authorizing the revision of the Personnel Rules to include hourly employees in promotional examination processes. Resolution No. 2010-029. ACTION:

AB #20,125

5/0

ORDINANCE FOR INTRODUCTION:

10. AB #20,120 - INCORPORATE SEWER BENEFIT AREAS AND SET PUBLIC HEARING FOR REVISION OF FEES. To consider approving the Engineer's Report, declaring the intention to revise the fees for Sewer Benefit Areas A, B, G, H, I and K, and setting a public hearing for March 9, 2010, to consider adoption of adjusted fee amounts; and, To consider repealing Section 13.10.090, and amending Section 13.10.080 of the Carlsbad Municipal Code to incorporate Sewer Benefit Areas A through M, and revise the fees for Sewer Benefit Areas A, B, G, H, I and K. Resolution No. 2010-026. Introduction of Ordinance No. CS-077. ACTION:

AB #20,120

Deputy City Engineer Bill Plummer reviewed a PowerPoint Presentation on file in the Office of the City Clerk. The presentation reviewed the background of the project.

Sewer Benefit Area Map A-M are being discussed fee adjustments for ABGHIK reflect changes in sewer size and length. Sewer Benefit area B, trunk sewer construction done for part of the emergency repair in Nov/Dec 2009. Area G provides for construction and improvements to sub-areas on the map. Project has been revised, initially set to be joint project with City of Vista. some pipe constructions by developers.

Sewer Benefit Area I. Want to reimburse the full amount to developer or owner who paid for the improvements previously. Methodology to determine fees, each sba pays its proportionate share of the improvements. fee based on proportionate cost share of future edu's in a sewer improvement, then deduct funds, collected, and divide total by something I missed.

Set the public hearing for March 9, 2010. Also to consider introducing the ordinance titled. amending and repealing the CMC. Hall asked slide 3 mentioned about Vista not joining with us. How far down PAR are they going? Vista is looking to go further but with this reach that's it. Hall , why don't they want to go with us? Plummer, said new lift and pump stations, can overtax that and it will benefit them better. Their flows are greater than ours and have determined it's cheaper for them to go on their own alignment? What about poseidon lines? Not the same plummer said.

Packard, 3 areas are being increased, 3 decreased, and some others, in the reso, the fees are set to be adjusted annually. We won't revisit this unless EDU's change? Plummer said we don't see they will change, but if something drastic comes, they will be reviewed. No further fee adjustments.

City Attorney titled the ordinance. introduced today, will be adopted at the public hearing on March 9th. 5/0 Reso adopted 5/0

ORDINANCE FOR ADOPTION:

11. AB #20,121 - ROBERTSON RANCH ZONE CHANGE. Adopting Ordinance No. CS-075, amending Section 21.05.030 of the Carlsbad Municipal Code to amend the zoning map by granting a zone change from Residential Mobile Home Park (RMHP) to Planned Community (P-C) on a 2.21 acre portion of a 5.7 acre parcel generally located north of Rancho Carlsbad Estates, south of Cannon Road, and east of the Robertson Ranch Master Plan Planning Area 22. ACTION:

AB #20,121

City Attorney Ron Ball titled the Ordinance. 5/0

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.

Walt Meier, Carlsbad, came forward to address Council regarding Village H and asked council to purchase that land with Open Space Funds. Several residents were also present to support the purchase of the Village H parcel and presented "Valentine's" to city council members.

Beth Thorpe, representing the Mitchell Thorpe Foundation, came forward to share the success of the first annual Mitchell Thorpe Walkathon. Lisa DeGoer, Carlsbad, event coordinator for the walk, 1000 participants, raised $70k in this event to benefit, Sam Reiser and the family of Chase Quarterone.

Showed a presentation about the walkathon. on file in the office of the City Clerk.

Blackburn, spoke regarding Village H. He asked staff to address the options of the 11 properties on the open space plan. What about an assessment district to pay for it? among other questions. Kulchin asked Parks and Rec director John Coates to come forward. Is there negotiations going on between current owner and the City regarding access to the trails. What about the other 94 areas? Gary Barberio said that 3.2 zoned community facility, the other is open space zoned. Ball stopped the questions and said it can be put on an agenda. Needs a second after Blackburn's motion. No second and staff will seperately brief Blackburn on the issue.

PUBLIC HEARING:

12. AB #20,122 -POINSETTIA PLACE. To consider determining that the project is within the scope of a previously adopted Mitigated Negative Declaration, and to approve amendments to a previously approved Tentative Tract Map CT 04-10, Condominium Permit CP 04-05, and Coastal Development Permit CDP 04-23 and the rescission of Site Development Permit SDP 04-07 to subdivide 20.4 acres into 82 airspace condominium units on property generally located southeast of the intersection of Cassia Road and Poinsettia Lane. Resolution No. 2010-027. ACTION:

AB #20,122

Blackburn stepped down regarding economic conflict. 6:36 pm.

Christer Westman, reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). 20 acres for the project, amendment to the physical aspects, doesn't expand the project, just amending the site plan, ie unit numbers. Proposal has been changed, just in the number of the units, no more affordable housing on site, but applicant wants to purchase credits in the villa loma project. Provided onsite, passive and active recreation area, guest parking, residential housing, town homes and flats. Recreation area modified, no more pool just a grassy area. units have attached garages, stacked flats with garages. During pub hearing at PC questions regarding conditions at Cassia, staff took care of it without any action from the PC.

Applicant and rep came forward, Dave Jacinto, owners, came forward to address council and said they've been working with staff and community for over 7 years. The neighborhood communities have given their recommendation to approve the project after the owner made some changes in the elevation of the project to make it a nicer project. Packard, when will this move forward? Dave said right away. Mayor opened at 6:44, Judy Bradley, carlsbad, came forward to address Council. Will noise carry across the street from the recreation area? Is that the only access into the project? Staff responded. Christer stated that one rec area some noise would carry across the street but not requiring mitigation. Passive and active recreation, but not significant noise. There are 2 points of access in the center of the project and the eastern edge is just an exit only of the project. Remainder of the property, 75% of the project is set aside as open space maintained and not developed. Ball pointed out the sequa analysis, and said it would be significant and is mitigated as outlined in the agenda bill.

noise analysis, considers source of noise. Noise of adjacent roadway, car noise, ie. Main source of noise, that is what's mitigated. Like double pane windows, etc. Those recreating noise from rec areas is not significant.

Milo Hanick, Carlsbad, came forward and spoke about traffic flow. Is there a timeline for finishing Poinsettia Lane? Glen Van Peski, finishing that is developer driven, done on the developers timeline, not set by the City. Owner Dave came back up, 2 points, sound problems. This has been designed in such a way to keep the car noise to a minimum and parking not visible from cassia so less visual crowding with the car and parking lots. The traffic, building the road as part of their project in their area. Closed public hearing at 6:57.

Packard, said staff and owner did a good job. supports as is. Hall said him too and Kulchin. 4/1 blackburn absent.

6:56

ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT

6:58 CMWD

CITY OF CARLSBAD MUNICIPAL WATER DISTRICT

SPECIAL MEETING AGENDA

FEBRUARY 16, 2010

6:00 p.m.

CALL TO ORDER:

ROLL CALL:

APPROVAL OF MINUTES:

Minutes of the Joint Special Meeting held January 12, 2010.

Minutes of the Special Meeting held January 12, 2010.

Minutes of the Special Meeting held January 26, 2010.

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.

13. AB #710 - APPROVE QUITCLAIM OF WATERLINE EASEMENT. Approving the quitclaim of a waterline easement in Lot 9, Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, PR 08-70, to the Leucadia Wastewater District. Resolution No. 1388. ACTION:

AB #710

5/0

blackburn came back 6:57

6:59 HRED

ADJOURNMENT TO THE REGULAR MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION

CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION

REGULAR MEETING AGENDA

FEBRUARY 16, 2010

6:00 P.M.

CALL TO ORDER:

ROLL CALL:

APPROVAL OF MINUTES:

Hall absent for the meeting of the 8th and packard abstained from all.

Minutes of the Special Meeting held December 8, 2009.

Minutes of the Joint Special Meeting held December 22, 2009.

Minutes of the Special Meeting held December 22, 2009.

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.

14. AB #422 -APPROVE PARKING-IN-LIEU FEE PARTICIPATION AGREEMENT. Approving a Parking-In-Lieu Fee Participation Agreement with Manuel S. Goncalves, for the property at 3147 Roosevelt Street, RP 08-37A. Resolution No. 483. ACTION:

AB #422

5/0

7pm council

ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING

CONTINUATION OF THE CITY COUNCIL MEETING

DEPARTMENTAL AND CITY MANAGER REPORTS:

15. AB #20,123 - ANNUAL REPORT OF INVESTMENT PORTFOLIO To receive the City Treasurer's Report on the Annual Investment Portfolio for Fiscal Year ending June 30,2009. ACTION:

AB #20,123

City Treasurer Harold McSherry reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). The City is in good standing financially. He's been very optimistic about the economy. Federal Funds Target Rate reviewed from 08-09. Packard asked for what % of our physical assests are depreciating? Does it include vehicles as assests? He said yes, based on the costs and appraised values.

fiscal restraint shows in the investments, etc.

we cut back when needed and that puts us in a favorable situation.

source of pool assets, pie graph chart reviewed. annuity stream from treasury cash interest. Predictions from Mac. short term interest rates will decrease slightly, yield curve will steepen, average yield of portfolio for fy will be in the 2.4% range, from 3.7%, investment portfolio will decrease to $560 million. talked about china and other countries, etc.

Hall asked, how other cities are doing financially and could have an effect on our economy. Mac, said concerned about the State of CA. state can't borrow certain funds by law. if the state changes the law they could take city money to balance their own budget. but the state says they promise not to do that. mac said he lacks trust in the government to keep their word. Concerned about the state's ability to balance their budget in the long run. national level the feeling is to not bail out states. Some funds refunded to the contractors. the level of cost vs fair market value. the total will be down. less of a portfolio at the end of this year. council accepted the report.

16. AB #20,126 - REPORT ON PROPOSED POWER PLANT. To receive an update from staff on the California Energy Commission's proceedings regarding NRG's proposal to construct a new power plant. ACTION:

AB #20,126

PowerPoint Presentation by Joe Garuba, on file in the office of the city clerk.

Reviewed the details of the project and did a recap of evidentiary hearings. 35 hours of testimony, 8 hours of public comment, huge public involvement, 600+ people from the community. Feedback from the hearings, commissioners impressed by the composure of the residents and the organization of several citizen groups.

proposed changed to encina power plant. 1- reduce the power made at encina by 95% making it almost shut down 2017. 2- location and need for a second power plant in the area. commission said it wouldn't do much to add reliability to the power supply of the region, not needed onthe coast can go anywhere in the san diego region. 3-contract status with sdge, it's sdge who keeps our lights on, not NRG company. public utilities commission but it's pretty opaque. sdge waived confidentiality with nrg and found out that nrg said they are not going to provide some info to the commission even though sdge waived confidentiality. net result, they don't have a contract with sdge which means that power generated in carlsbad wouldn't necessarily benefit our region. Moving forward, briefs and rebuttal briefs due in march and april. them summer is the prelim decision.

PMPD public comment, override consultation, revised PMPD, full commission consideration, other agencies - topics reviewed by Joe. From their, it still has to go to other agencies to get final approval. Staff feels like evidentiary hearings went well for our position. Kulchin said thanks to joe, who are the other agencies who make the final decision. because of the location, regional water quality control board, State lands commission for a lease amendments, but they won't review it until everybody else has their say, air pollution control board - federal clean air act. redevelopment agency for the city is actually a a state agency acts under state authority, they believe this project needs a permit in concert with the license granted by the CEC. If CEC says no, project dies. If they say yes, then it goes to these other agencies.

blackburn, will the cec know about the contract status of sdge and nrg and cpuc before their decision is made? joe said it doesn't look like they will, burden of prove on the applicant, which is nrg. Blackburn, water quality board, is this completely seperate from the poseidon desal plant? Joe said yes, the new power plant will have to build a stand alone desal plant for their plant's use. it shares existing intake and outfall.

Kerry Siekman, Power of Vision, came forward to address Council. Ms. Siekman spoke in opposition of the power plant proposed by NRG. referred to the recent power plant explosion in massachusettes which killed 6 people, which was in a non residential area. This power plant is in a residential neighborhood. Asked residents to write CEC to express opposition.

Council received the report.

Blackburn witnessed jump rope competition at Aviara oaks elementary. Public presentations to the CEC hearings, very well done by many residents. Packard, resolution in support of League of CA Cities taxpayer something or other. to keep state from taking city funds. 100 birthday for BSA. Mentioned chase and sam being scouts and the troop will finish chase's eagle project.

Hall, UT supporting the City position regarding NRG power plant. Mayor county water authority rates. Lorraine read announcement.

adjourned 7:49 pm.

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.

Feb 16, 2010 City Council, Carlsbad Municipal Water District Board and Housing and Redevelopment Commission Meeting

Full agenda
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CALL TO ORDER: 6:00 P.M.

ROLL CALL:

LEGISLATIVE INVOCATION:

Philip Hoyer flag by Hs all

PLEDGE OF ALLEGIANCE:

Mayor noted Closed session, directed City Attorney and staff on the matter, regarding Power Plant public hearings.

APPROVAL OF MINUTES:

minutes approved 5/0

Minutes of the Special Meeting held January 12, 2010.

Minutes of the Joint Special Meeting held January 12, 2010.

Minutes of the Regular Meeting held January 12, 2010.

Minutes of the Special Meetings held January 19, 2010.

Minutes of the Special Meeting held January 26, 2010.

Minutes of the Regular Meeting held January 26, 2010.

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.

1. AB #20,113 - REPORT OUT SETTLEMENT AGREEMENT. Reporting out the terms and conditions of the Settlement Agreement with TELACU Construction Management, Inc. ACTION:

AB #20,113

2. AB #20,114 - REPORT ON CITY INVESTMENTS . Accepting the City Treasurer's Report on City Investments as of December 31, 2009. ACTION:

AB #20,114

3. AB #20,115 - AWARD OF CONTRACT. Accepting bids and awarding a contract to Empire Pipeline for the Corrugated Metal Pipe Replacement Program for State Street and Oak Avenue, Project No. 6607. Resolution No. 2010-021. ACTION:

AB #20,115

4. AB #20,116 - APPROVE AMENDMENTS TO AGREEMENTS. Approving the amendments to the agreements with Nolte Associates, Inc., and with EDAW/AECOM, for construction phase design engineering and environmental services for the Encinas Creek Bridge Project No. 3919. Resolution No. 2010-022. ACTION:

AB #20,116

5. AB #20,117 - DECLARATION OF INTENT TO VACATE STREET RIGHT-OF-WAY. Declaring the intention to vacate a portion of El Camino Real between Crestview Drive and Lisa Street, and setting a public hearing for March 9, 2010. Resolution No. 2010-023. ACTION:

AB #20,117

6. AB #20,118 - APPROVE AGREEMENT FOR THE PURCHASE OF SOFTWARE. Approving the agreement with Lawson Software America, Inc., for the purchase of a Human Capital Management System (HCMS). Resolution No. 2010-024. ACTION:

AB #20,118

7. AB #20,119 - APPROVE AGREEMENT FOR SOFTWARE HOST SERVICES. Approving the agreement with Velocity Technology Solutions, Inc., for hosting services of the Human Capital Management System (HCMS) software. Resolution No. 2010-025. ACTION:

AB #20,119

8. AB #20,124 - APPROVE AGREEMENT FOR SERVICES RELATED TO SOFTWARE INSTALLATION. Approving an agreement with Leckey Consulting, Inc., for project management services related to the installation of the Human Capital Management System (HCMS) software. Resolution No. 2010-028. ACTION:

AB #20,124

9. AB #20,125 - REVISE PERSONNEL RULES. Authorizing the revision of the Personnel Rules to include hourly employees in promotional examination processes. Resolution No. 2010-029. ACTION:

AB #20,125

5/0

ORDINANCE FOR INTRODUCTION:

10. AB #20,120 - INCORPORATE SEWER BENEFIT AREAS AND SET PUBLIC HEARING FOR REVISION OF FEES. To consider approving the Engineer's Report, declaring the intention to revise the fees for Sewer Benefit Areas A, B, G, H, I and K, and setting a public hearing for March 9, 2010, to consider adoption of adjusted fee amounts; and, To consider repealing Section 13.10.090, and amending Section 13.10.080 of the Carlsbad Municipal Code to incorporate Sewer Benefit Areas A through M, and revise the fees for Sewer Benefit Areas A, B, G, H, I and K. Resolution No. 2010-026. Introduction of Ordinance No. CS-077. ACTION:

AB #20,120

Deputy City Engineer Bill Plummer reviewed a PowerPoint Presentation on file in the Office of the City Clerk. The presentation reviewed the background of the project.

Sewer Benefit Area Map A-M are being discussed fee adjustments for ABGHIK reflect changes in sewer size and length. Sewer Benefit area B, trunk sewer construction done for part of the emergency repair in Nov/Dec 2009. Area G provides for construction and improvements to sub-areas on the map. Project has been revised, initially set to be joint project with City of Vista. some pipe constructions by developers.

Sewer Benefit Area I. Want to reimburse the full amount to developer or owner who paid for the improvements previously. Methodology to determine fees, each sba pays its proportionate share of the improvements. fee based on proportionate cost share of future edu's in a sewer improvement, then deduct funds, collected, and divide total by something I missed.

Set the public hearing for March 9, 2010. Also to consider introducing the ordinance titled. amending and repealing the CMC. Hall asked slide 3 mentioned about Vista not joining with us. How far down PAR are they going? Vista is looking to go further but with this reach that's it. Hall , why don't they want to go with us? Plummer, said new lift and pump stations, can overtax that and it will benefit them better. Their flows are greater than ours and have determined it's cheaper for them to go on their own alignment? What about poseidon lines? Not the same plummer said.

Packard, 3 areas are being increased, 3 decreased, and some others, in the reso, the fees are set to be adjusted annually. We won't revisit this unless EDU's change? Plummer said we don't see they will change, but if something drastic comes, they will be reviewed. No further fee adjustments.

City Attorney titled the ordinance. introduced today, will be adopted at the public hearing on March 9th. 5/0 Reso adopted 5/0

ORDINANCE FOR ADOPTION:

11. AB #20,121 - ROBERTSON RANCH ZONE CHANGE. Adopting Ordinance No. CS-075, amending Section 21.05.030 of the Carlsbad Municipal Code to amend the zoning map by granting a zone change from Residential Mobile Home Park (RMHP) to Planned Community (P-C) on a 2.21 acre portion of a 5.7 acre parcel generally located north of Rancho Carlsbad Estates, south of Cannon Road, and east of the Robertson Ranch Master Plan Planning Area 22. ACTION:

AB #20,121

City Attorney Ron Ball titled the Ordinance. 5/0

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.

Walt Meier, Carlsbad, came forward to address Council regarding Village H and asked council to purchase that land with Open Space Funds. Several residents were also present to support the purchase of the Village H parcel and presented "Valentine's" to city council members.

Beth Thorpe, representing the Mitchell Thorpe Foundation, came forward to share the success of the first annual Mitchell Thorpe Walkathon. Lisa DeGoer, Carlsbad, event coordinator for the walk, 1000 participants, raised $70k in this event to benefit, Sam Reiser and the family of Chase Quarterone.

Showed a presentation about the walkathon. on file in the office of the City Clerk.

Blackburn, spoke regarding Village H. He asked staff to address the options of the 11 properties on the open space plan. What about an assessment district to pay for it? among other questions. Kulchin asked Parks and Rec director John Coates to come forward. Is there negotiations going on between current owner and the City regarding access to the trails. What about the other 94 areas? Gary Barberio said that 3.2 zoned community facility, the other is open space zoned. Ball stopped the questions and said it can be put on an agenda. Needs a second after Blackburn's motion. No second and staff will seperately brief Blackburn on the issue.

PUBLIC HEARING:

12. AB #20,122 -POINSETTIA PLACE. To consider determining that the project is within the scope of a previously adopted Mitigated Negative Declaration, and to approve amendments to a previously approved Tentative Tract Map CT 04-10, Condominium Permit CP 04-05, and Coastal Development Permit CDP 04-23 and the rescission of Site Development Permit SDP 04-07 to subdivide 20.4 acres into 82 airspace condominium units on property generally located southeast of the intersection of Cassia Road and Poinsettia Lane. Resolution No. 2010-027. ACTION:

AB #20,122

Blackburn stepped down regarding economic conflict. 6:36 pm.

Christer Westman, reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). 20 acres for the project, amendment to the physical aspects, doesn't expand the project, just amending the site plan, ie unit numbers. Proposal has been changed, just in the number of the units, no more affordable housing on site, but applicant wants to purchase credits in the villa loma project. Provided onsite, passive and active recreation area, guest parking, residential housing, town homes and flats. Recreation area modified, no more pool just a grassy area. units have attached garages, stacked flats with garages. During pub hearing at PC questions regarding conditions at Cassia, staff took care of it without any action from the PC.

Applicant and rep came forward, Dave Jacinto, owners, came forward to address council and said they've been working with staff and community for over 7 years. The neighborhood communities have given their recommendation to approve the project after the owner made some changes in the elevation of the project to make it a nicer project. Packard, when will this move forward? Dave said right away. Mayor opened at 6:44, Judy Bradley, carlsbad, came forward to address Council. Will noise carry across the street from the recreation area? Is that the only access into the project? Staff responded. Christer stated that one rec area some noise would carry across the street but not requiring mitigation. Passive and active recreation, but not significant noise. There are 2 points of access in the center of the project and the eastern edge is just an exit only of the project. Remainder of the property, 75% of the project is set aside as open space maintained and not developed. Ball pointed out the sequa analysis, and said it would be significant and is mitigated as outlined in the agenda bill.

noise analysis, considers source of noise. Noise of adjacent roadway, car noise, ie. Main source of noise, that is what's mitigated. Like double pane windows, etc. Those recreating noise from rec areas is not significant.

Milo Hanick, Carlsbad, came forward and spoke about traffic flow. Is there a timeline for finishing Poinsettia Lane? Glen Van Peski, finishing that is developer driven, done on the developers timeline, not set by the City. Owner Dave came back up, 2 points, sound problems. This has been designed in such a way to keep the car noise to a minimum and parking not visible from cassia so less visual crowding with the car and parking lots. The traffic, building the road as part of their project in their area. Closed public hearing at 6:57.

Packard, said staff and owner did a good job. supports as is. Hall said him too and Kulchin. 4/1 blackburn absent.

6:56

ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT

6:58 CMWD

CITY OF CARLSBAD MUNICIPAL WATER DISTRICT

SPECIAL MEETING AGENDA

FEBRUARY 16, 2010

6:00 p.m.

CALL TO ORDER:

ROLL CALL:

APPROVAL OF MINUTES:

Minutes of the Joint Special Meeting held January 12, 2010.

Minutes of the Special Meeting held January 12, 2010.

Minutes of the Special Meeting held January 26, 2010.

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.

13. AB #710 - APPROVE QUITCLAIM OF WATERLINE EASEMENT. Approving the quitclaim of a waterline easement in Lot 9, Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, PR 08-70, to the Leucadia Wastewater District. Resolution No. 1388. ACTION:

AB #710

5/0

blackburn came back 6:57

6:59 HRED

ADJOURNMENT TO THE REGULAR MEETING OF THE HOUSING AND REDEVELOPMENT COMMISSION

CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION

REGULAR MEETING AGENDA

FEBRUARY 16, 2010

6:00 P.M.

CALL TO ORDER:

ROLL CALL:

APPROVAL OF MINUTES:

Hall absent for the meeting of the 8th and packard abstained from all.

Minutes of the Special Meeting held December 8, 2009.

Minutes of the Joint Special Meeting held December 22, 2009.

Minutes of the Special Meeting held December 22, 2009.

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.

14. AB #422 -APPROVE PARKING-IN-LIEU FEE PARTICIPATION AGREEMENT. Approving a Parking-In-Lieu Fee Participation Agreement with Manuel S. Goncalves, for the property at 3147 Roosevelt Street, RP 08-37A. Resolution No. 483. ACTION:

AB #422

5/0

7pm council

ADJOURNMENT TO THE CONTINUATION OF THE CITY COUNCIL MEETING

CONTINUATION OF THE CITY COUNCIL MEETING

DEPARTMENTAL AND CITY MANAGER REPORTS:

15. AB #20,123 - ANNUAL REPORT OF INVESTMENT PORTFOLIO To receive the City Treasurer's Report on the Annual Investment Portfolio for Fiscal Year ending June 30,2009. ACTION:

AB #20,123

City Treasurer Harold McSherry reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). The City is in good standing financially. He's been very optimistic about the economy. Federal Funds Target Rate reviewed from 08-09. Packard asked for what % of our physical assests are depreciating? Does it include vehicles as assests? He said yes, based on the costs and appraised values.

fiscal restraint shows in the investments, etc.

we cut back when needed and that puts us in a favorable situation.

source of pool assets, pie graph chart reviewed. annuity stream from treasury cash interest. Predictions from Mac. short term interest rates will decrease slightly, yield curve will steepen, average yield of portfolio for fy will be in the 2.4% range, from 3.7%, investment portfolio will decrease to $560 million. talked about china and other countries, etc.

Hall asked, how other cities are doing financially and could have an effect on our economy. Mac, said concerned about the State of CA. state can't borrow certain funds by law. if the state changes the law they could take city money to balance their own budget. but the state says they promise not to do that. mac said he lacks trust in the government to keep their word. Concerned about the state's ability to balance their budget in the long run. national level the feeling is to not bail out states. Some funds refunded to the contractors. the level of cost vs fair market value. the total will be down. less of a portfolio at the end of this year. council accepted the report.

16. AB #20,126 - REPORT ON PROPOSED POWER PLANT. To receive an update from staff on the California Energy Commission's proceedings regarding NRG's proposal to construct a new power plant. ACTION:

AB #20,126

PowerPoint Presentation by Joe Garuba, on file in the office of the city clerk.

Reviewed the details of the project and did a recap of evidentiary hearings. 35 hours of testimony, 8 hours of public comment, huge public involvement, 600+ people from the community. Feedback from the hearings, commissioners impressed by the composure of the residents and the organization of several citizen groups.

proposed changed to encina power plant. 1- reduce the power made at encina by 95% making it almost shut down 2017. 2- location and need for a second power plant in the area. commission said it wouldn't do much to add reliability to the power supply of the region, not needed onthe coast can go anywhere in the san diego region. 3-contract status with sdge, it's sdge who keeps our lights on, not NRG company. public utilities commission but it's pretty opaque. sdge waived confidentiality with nrg and found out that nrg said they are not going to provide some info to the commission even though sdge waived confidentiality. net result, they don't have a contract with sdge which means that power generated in carlsbad wouldn't necessarily benefit our region. Moving forward, briefs and rebuttal briefs due in march and april. them summer is the prelim decision.

PMPD public comment, override consultation, revised PMPD, full commission consideration, other agencies - topics reviewed by Joe. From their, it still has to go to other agencies to get final approval. Staff feels like evidentiary hearings went well for our position. Kulchin said thanks to joe, who are the other agencies who make the final decision. because of the location, regional water quality control board, State lands commission for a lease amendments, but they won't review it until everybody else has their say, air pollution control board - federal clean air act. redevelopment agency for the city is actually a a state agency acts under state authority, they believe this project needs a permit in concert with the license granted by the CEC. If CEC says no, project dies. If they say yes, then it goes to these other agencies.

blackburn, will the cec know about the contract status of sdge and nrg and cpuc before their decision is made? joe said it doesn't look like they will, burden of prove on the applicant, which is nrg. Blackburn, water quality board, is this completely seperate from the poseidon desal plant? Joe said yes, the new power plant will have to build a stand alone desal plant for their plant's use. it shares existing intake and outfall.

Kerry Siekman, Power of Vision, came forward to address Council. Ms. Siekman spoke in opposition of the power plant proposed by NRG. referred to the recent power plant explosion in massachusettes which killed 6 people, which was in a non residential area. This power plant is in a residential neighborhood. Asked residents to write CEC to express opposition.

Council received the report.

Blackburn witnessed jump rope competition at Aviara oaks elementary. Public presentations to the CEC hearings, very well done by many residents. Packard, resolution in support of League of CA Cities taxpayer something or other. to keep state from taking city funds. 100 birthday for BSA. Mentioned chase and sam being scouts and the troop will finish chase's eagle project.

Hall, UT supporting the City position regarding NRG power plant. Mayor county water authority rates. Lorraine read announcement.

adjourned 7:49 pm.

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.

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