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Home My WebLink About2007-12-11; City Council; Minutes (2)MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: December 11, 2007 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Lewis, Kulchin, Hall, Packard and Nygaard. Absent: None. APPROVAL OF MINUTES: On a motion by Mayor Pro Tern Kulchin, minutes of the following meetings were unanimously approved as presented: Minutes of the Special Meetings held November 13, 2007. Minutes of the Regular Meeting held November 13, 2007. Minutes of the Special Meeting held November 14, 2007. Minutes of the Special Meetings held November 20, 2007. Minutes of the Regular Meeting held November 20, 2007. Minutes of the Joint Special Meeting held November 20, 2007. CONSENT CALENDAR: ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Items #1 through #6 as follows: AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #19.243 -ACCEPTANCE OF DONATION. Council adopted RESOLUTION NO. 2007-306. accepting a donation from the North San Diego County Genealogical Society to the Carlsbad City Library and appropriating funds for the purchase of a two year membership to Footnote.com. 2. AB #19.244 - AWARD OF CONTRACT. Council adopted RESOLUTION NO. 2007-307. accepting bids and awarding a contract to Gulf Engineering and Construction for the construction of picnic shelters at Stagecoach and Calavera Hills Community Parks, Project No. 39361. December 11, 2007 Carlsbad City Council Meeting Page 2 3. AB #19.245 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2007-308. accepting the construction of Station 5 Storage Building and Skate Park Restrooms, Project No. 3688 as complete, and directing the City Clerk to record the Notice of Completion. 4. AB #19.246 - NOTICE OF COMPLETION. Council adopted RESOLUTION NO. 2007-309. accepting the construction of the Rancho Santa Fe Road Fill Failure at Agua Dulce, Project No. 1001 (FHWA Project No. KJK-CBD- 001-2) as complete, and directing the City Clerk to record the Notice of Completion. 5. AB #19.247 -ANNUAL FINANCIAL REPORT ON CAPITAL FUNDS AND SPECIAL TAXES. Council adopted RESOLUTION NO. 2007-310. making certain findings regarding the collection and expenditure of developer fees and special taxes, pursuant to Government Code Sections 50075, 66001 and 66006. 6. AB #19.248 - AMENDMENT TO GENERAL PLAN. Council adopted RESOLUTION NO. 2007-311. approving the third amendment of 2007 to the Land Use Element and Open Space and Conservation Element of the General Plan consisting of the Kelly/JRM Office Building, GPA 04-20 and Ponto Beachfront Village Vision Plan, GPA 05-04 projects. ORDINANCES FOR INTRODUCTION: 7. AB #19.249 - REVISE PRIMA FACIE SPEED LIMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS-866. amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the revision of Section 10.44.540 to establish a prima facie 40 mile per hour speed limit on Armada Drive from Palomar Airport Road to its intersection with Legoland Drive. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. 8. AB #19.250 - REVISE PRIMA FACIE SPEED LIMIT. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. NS-867. amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the revision of Section 10.44.130 to establish a prima facie 40 mile per hour speed limit on Marron Road from El Camino Real to Highway 78. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. December 11, 2007 Carlsbad City Council Meeting Page 3 PUBLIC COMMENT: Michele Levy, 3021 Highland Drive, Carlsbad, came forward to address Council. Ms. Levy spoke in support of establishing a Fire Department Master Plan. Glenn Bernard, 3520 Avondale Circle, spoke about increased water rates and asked if the City earns a profit on water sales. Mayor Lewis commented that Metropolitan Water District and San Diego County Water Authority have recently raised the purchase price of water, which has prompted the City to increase water rates. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT Mayor Lewis adjourned to the Special Meeting of the Carlsbad Municipal Water District at 6:08 p.m. with five Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad Public Financing Authority and reconvened the City Council Meeting at 6:33 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORT: 9. AB #19.251 - OVERVIEW OF NRG'S PROPOSAL TO CONSTRUCT A NEW POWER PLANT. Deputy City Manager Jim Elliott and Senior Management Analyst Joe Garuba presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Mr. Garuba gave an overview of the power plant proposed by NRG to be located on the existing Encina Power Station site. He explained that the California Energy Commission (CEC) would be holding a public hearing regarding the application on Monday, December 17, 2007 at the City's Faraday Administration Building to gather public input. In response to an inquiry from Mayor Lewis, Mr. Garuba explained that the proposed plant will cover a larger area of land than the existing plant. Mayor Lewis confirmed with staff that the CEC is currently reviewing 20 other power plant applications. Mr. Elliott commented that staff is working with the CEC to ensure community input in the application process. Mayor Pro Tern Kulchin confirmed that the proposed plant will utilize reclaimed water. December 11, 2007 Carlsbad City Council Meeting Page 4 In response to an inquiry from Council, Mr. Garuba stated that the stacks for the new power plant are proposed to be 100, 88 and 76 feet tall. Mr. Garuba further explained that the stacks would be constructed over existing oil tanks which would recess the stacks approximately 25 to 30 feet into the ground. Mayor Lewis expressed concerns relating to possible impacts to Car Country as a result of the emissions produced by the proposed power plant. In response to Council, Mr. Garuba explained that the new technology proposed for the plant would produce natural gas and that other power plants throughout the state currently use the new technology. David Lloyd, 7707 Surfguard Circle, Carlsbad, came forward to address Council on behalf of NRG Energy, Inc. Mr. Lloyd explained that the proposed power plant will burn natural gas and will release very little emissions into the environment. He also stated that NRG is committed to using only reclaimed water and will add new reclaimed water systems if necessary. In response to an inquiry from Mayor Pro Tern Kulchin, Mr. Lloyd explained that the old plant will be torn down as soon as the new plant is functional. In response to an inquiry from Council Member Hall, Mr. Lloyd stated that NRG has looked at alternative sites; however, is being required to re-power on the existing site due to the key infrastructure that is already located on the site. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2007-312. appropriating and authorizing $200,000 from the Council Contingency Fund to review NRG's proposed power plant application. AYES: Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. COUNCIL REPORTS AND COMMENTS: Mayor Lewis and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. December 1 1 , 2007 Carlsbad City Council Meeting Page 5 ANNOUNCEMENTS: City Clerk Lorraine M. Wood announced that Council has been invited and may attend the following upcoming event: Monday, December 17, 2007 - 5:00 p.m. California Energy Commission Public Hearing City of Carlsbad Faraday Center 1 635 Faraday Avenue Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of December 1 1 , 2007 was adjourned at 7:48 p.m. in memory of Karen Hirata. M. WOOD, CMC City Clerk Sheila R. Cobian Deputy City Clerk