HomeMy WebLinkAbout2008-05-13; City Council; MinutesMINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: May 13, 2008
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, the minutes of the following meeting were
unanimously approved as presented:
Minutes of the Special Meeting held April 17, 2008.
Council concurred to hear Departmental Report Agenda Item No. 11 at this time.
DEPARTMENTAL AND CITY MANAGER REPORTS:
11. AB #19.443 - APPOINTMENT OF CITY MANAGER.
ACTION: On a minute motion by Mayor Pro Tern Kulchin, Council appointed
Lisa Hildabrand to the position of Carlsbad City Manager.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
City Clerk Lorraine Wood administered the Oath of Office to Ms. Hildabrand.
Ms. Hildabrand thanked the Council and staff for their support and stated that she is
looking forward to being Carlsbad's City Manager.
PRESENTATIONS:
Mayor Lewis introduced Dana Ducommun, 2008 Miss Carlsbad, and Lorayne Lauduski
Miss Teen Carlsbad 2008 and members of their courts.
Ms. Duocommun presented Council with a $1,000 check on behalf of the Carlsbad
Lions Club in support of the Carlsbad Library to assist sight and hearing impaired
patrons.
Mayor Lewis presented a Proclamation to Carlsbad Convention and Visitors Bureau
Chairwoman Nancy Nayudu and Executive Director Kurt Burkhart in recognition of
National Tourism Week, May 10-18, 2008.
Mayor Lewis presented a Proclamation to Public Works Director Glenn Pruim in
recognition of Public Works Week, May 18-24, 2008.
May 13, 2008 Carlsbad City Council Meeting Page 2
CONSENT CALENDAR:
ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the
action of the Consent Calendar, Item Nos. 1 through 5 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 #19.435 - REPORT ON CITY INVESTMENTS.
Council accepted the City Treasurer's Report on City Investments as of
March 31, 2008.
2. AB #19.436 - SUPPORT OF MUNICIPAL BOND RATING SYSTEM REFORM
EFFORT.
Council adopted RESOLUTION NO. 2008-135. supporting the campaign for
reform of the municipal bond rating system to eliminate discrimination against
municipal bonds.
3. AB #19.437 - AGREEMENT TO PROVIDE AMBULANCE BILLING SERVICES.
Council adopted RESOLUTION NO. 2008-136. authorizing the agreement with
Critical Care Specialty Billing, Ltd., for ambulance billing services.
4. AB #19.438 -ACCEPTANCE OF DONATIONS FOR 2008 TEEN SCENE: BATTLE
OF THE BANDS.
Council adopted RESOLUTION NO. 2008-137. accepting donations of "in-kind"
products in support of the 2008 Teen Scene: Battle of the Bands.
5. AB #19.439 - REPORT OUT TERMS AND CONDITIONS IN REES V. CITY OF
CARLSBAD.
Council reported out the terms and conditions of the general release and
settlement of the claim in Rees v. City of Carlsbad.
ORDINANCE FOR INTRODUCTION:
6. AB #19.440 - ORDINANCE REPEALING CHAPTER 5.28 OF THE CARLSBAD
MUNICIPAL CODE REGARDING GRANTING AND ADMINISTERING VIDEO
SERVICES FRANCHISES WITHIN CARLSBAD.
Communications Manager Denise Vedder presented the staff report and reviewed a
PowerPoint Presentation (on file in the Office of the City Clerk).
In response to an inquiry from Mayor Lewis, Ms. Vedder explained that under the Video
Competition Act of 2006 the Public, Education and Government (PEG) Funds can no
longer be used for broadcasts such as high school sporting events.
City Attorney Ron Ball titled the Ordinance.
May 13, 2008 Carlsbad City Council Meeting Page 3
ACTION: On a motion by Mayor Pro Tem Kulchin, Council introduced
ORDINANCE NO. NS-891. amending Title 5, repealing in its
entirety, Chapter 5.28 of the Carlsbad Municipal Code, that is no
longer applicable to holders of local video franchises due to the
Digital Infrastructure and Video Competition Act of 2006, adopted
by the California Legislature which transfers the authority of
granting franchises for video services from local jurisdictions to the
California Public Utilities Commission.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ORDINANCES FOR ADOPTION:
7. AB #19.441 - SENATE BILL #343 - PUBLIC DISCLOSURE OF WRITTEN
AGENDA RELATED DOCUMENTS PROVIDED TO CITY COUNCIL
FOLLOWING AGENDA DISTRIBUTION.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
ORDINANCE NO. NS- 887. amending Section 1.20.060 of the
Carlsbad Municipal Code to comply with California Senate Bill 343,
requiring that all items received by the City Clerk after the
distribution of the Agenda packet be made available to the public at
the time they are distributed to the City Council.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
8. AB #19.442 - REVISE PRIMA FACIE SPEED LIMIT ON A PORTION OF
SOUTHBOUND CARLSBAD BOULEVARD.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
ORDINANCE NO. NS- 888. amending Title 10, Chapter 10.44 of
the Carlsbad Municipal Code by amending Section 10.44.030, to
revise the existing 50 mile per hour prima facie speed limit upon a
portion of Southbound Carlsbad Boulevard to establish a 35 mile
per hour prima facie speed limit from a point 1,400 feet south of the
southerly boundary of the right-of-way of Manzano Drive to Island
Way.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
May 13, 2008 Carlsbad City Council Meeting Page 4
9. AB #19. 446 - TRAFFIC IMPACT FEE MODIFICATION.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. NS- 890. amending Title 18, Chapter 18.42 of
the Carlsbad Municipal Code reducing the Traffic Impact Fee for a
one-year period effective June 30, 2008 and to provide a
grandfathering provision to maintain the Traffic Impact Fee at the
current rate of $46 per Average Daily Trip (ADT) for commercial
and industrial projects that applied for a grading permit prior to April
8, 2008 and obtain a building permit prior to September 30, 2008.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
10. AB # 19. 444 - CALIFORNIA COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS TO THE LOCAL COASTAL PROGRAM AMENDMENT 04-17.
City Attorney Ron Ball titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. NS- 889. amending sections of Chapters 21.85
and 21.86 of the Carlsbad Municipal Code, accepting and
administering the California Coastal Commission's suggested
modifications to the Local Coastal Program 04-17, Density Bonus
Amendment, ZCA 04-10A/LCPA 04-17A.
AYES: Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
PUBLIC COMMENT:
Michele Levy, Carlsbad, came forward to address Council. Ms. Levy spoke in support
of establishing a Fire Department Master Plan for the City of Carlsbad.
DEPARTMENTAL AND CITY MANAGER REPORTS:
11. AB #19.443 - APPOINTMENT OF CITY MANAGER.
This item was heard following the Approval of Minutes.
May 13, 2008 Carlsbad City Council Meeting Page 5
12.AB #19.445 - REPORT ON NRG'S PROPOSED CARLSBAD ENERGY CENTER
PROJECT AND CONSIDERATION OF CITY'S POSITION ON THE PROPOSED
PROJECT.
Municipal Projects Manager Joe Garuba presented the staff report and reviewed a
PowerPoint Presentation (on file in the Office of the City Clerk).
Mr. Garuba explained that city staff has been working with NRG Energy, Inc. to identify
an alternate location for the proposed power plant. He explained that staff is of the
opinion that constructing a new plant at the existing site is not the best use of the land
along the coast.
David Lloyd, Vice President of NRG Energy, Inc., Carlsbad, came forward to address
Council. Mr. Lloyd reviewed a PowerPoint Presentation (on file in the Office of the City
Clerk) giving an overview of NRG's proposed energy center project.
Mr. Lloyd explained that the proposed power plant will meet the energy needs of the
region. He further explained that the current Encina power plant is not efficient and that
the proposed plant has a smaller carbon footprint and will have less of an impact on the
environment.
In response to an inquiry from Council Member Packard, Mr. Lloyd explained that units
one through three of the current plant only operate approximately 5 to 10% of the time.
In response to Council Member Nygaard, Mr. Lloyd stated that the proposed power plant
would also be constructed about 30% below grade like the existing plant. He further
explained that the plant cannot go any lower due to the solid rock that exists below the
surface. He also stated that the smoke stacks for the plant are required to be a certain
height to ensure that the impacts on the immediate environment are minimized.
Ron Rouse, Carlsbad, representing NRG, Inc., came forward to address Council. Mr.
Rouse explained that NRG is working with Carlsbad staff to develop the best possible
project.
Arnie Roe, Carlsbad, spoke in support of finding an alternate location for the proposed
power plant.
Kerry Siekmann, Carlsbad, expressed concerns relating to the location of the proposed
power plant. Ms. Siekmann explained that Interstate 5 is scheduled to be widened in the
future making the proposed plant very close in proximity to the freeway and could
become the target of a terrorism attack.
RECESS:
Mayor Lewis declared a recess at 7:21 p.m. Council reconvened at 7:25 p.m., with five
members present.
May 13, 2008 Carlsbad City Council Meeting Page 6
In response to an inquiry from Mayor Lewis, Mr. Garuba explained that it would be costly
to convert the existing plant to increase the power output and that the process would
require partial demolition of the existing plant.
In response to an inquiry from Council Member Nygaard, Housing and Redevelopment
Director Debbie Fountain explained that due to new technology, power plants are not
necessarily dependent on being located near the coast. She further explained that staff
is working to identify alternative sites within Carlsbad for a new power plant that would
allow the existing coastal site to be redeveloped into a land use that would provide a
greater benefit to the community.
In response to Mayor Lewis, Mr. Lloyd explained that although NRG does not control
when units four and five of the existing plant can be shut down, they do not want to run
them any longer than necessary due to the inefficiency of the units.
Council discussion ensued regarding their support for staff's recommendation.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2008-138. opposing the proposed Carlsbad
Energy Center Project and directing staff to continue to work with
NRG to consider alternative locations within Carlsbad.
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.
ANNOUNCEMENTS:
Lorraine Wood, City Clerk, announced that Council Members have been invited to
attend, and may be participating in the following events:
ADJOURNMENT:
By proper motion, the Regular Meeting of May 13, 2008 was adjourned at 7:55 p.m.
LORRAINE M. WOOD, CMC
City Clerk
Sheila R. Cobian
Deputy City Clerk