The URL can be used to link to this page

Home My WebLink About2008-08-12; City Council; Minutes (2)MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: August 12, 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 and Packard. Absent: Nygaard. CONSENT CALENDAR: Item No. 1 was pulled for discussion. ACTION: On a motion by Mayor Pro Tern Kulchin, Council affirmed the action of the Consent Calendar, Item Nos. 2 through 5 as follows: AYES: Lewis, Kulchin, Hall and Packard. NOES: None. ABSENT: Nygaard. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #19.541 - APPROVAL OF AGREEMENT WITH BOYS AND GIRLS CLUB FOR DISBURSEMENT OF MATCHING GRANT FUNDS. This item was pulled for discussion. 2. AB #19.542 - NOTICE OF COMPLETION FOR HVAC UPGRADE SYSTEM AT CITY HALL. Council adopted RESOLUTION NO. 2008-232, accepting the construction of the City Hall HVAC System Upgrade as complete, and directing the City Clerk to record a Notice of Completion, Contract No. FAC 07-02. 3. AB #19.549 - CONTRIBUTION TO NORTH COUNTY REGIONAL WINTER SHELTER PROGRAM. Council adopted RESOLUTION NO. 2008-236. approving the appropriation of funding in support of the North County Regional Winter Shelter Program. 4. AB #19.543 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of June 30, 2008. 5. AB #19.544 - PURCHASE OF AFFORDABLE HOUSING CREDITS BY LUKE DEVELOPMENT. Council adopted RESOLUTION NO. 2008-233. approving a request from Luke Development to purchase Affordable Housing Credits in the Roosevelt Garden Condominium Affordable Housing Project to satisfy the inclusionary housing requirement for CT 04-14, Trails End. August 12, 2008 Carlsbad City Council Meeting Page 2 DISCUSSION OF CONSENT CALENDAR ITEM: 1. AB #19.541 - APPROVAL OF AGREEMENT WITH BOYS AND GIRLS CLUB FOR DISBURSEMENT OF MATCHING GRANT FUNDS. Luke Matteson and Kelly Morrison Pop of the Carlsbad Boys and Girls Club came forward to address Council. Mr. Matteson and Ms. Pop thanked Council for their support of the Boys and Girls Club and for approving the allocation of grant funds to the Club. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-231. approving an agreement with the Boys and Girls Club for the disbursement of matching grant funds. AYES: Lewis, Kulchin, Hall and Packard. NOES: None. ABSENT: Nygaard. ORDINANCE FOR ADOPTION: 6. AB #19.545 -AMEND CARLSBAD MUNICIPAL CODE TO AUTOMATICALLY EXTEND CITY MAP RELATED APPROVALS. City Attorney Ron Ball titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted ORDINANCE NO. CS-003. amending Title 20, Chapters 20.12 and 20.24, Sections 20.12.110(a)(2) and 20.24.180(a)(2), and adding Sections 20.12.110(a)(2)(i)(ii) and 20.24.180(a)(2)(i)(ii) to authorize map extensions for up to six years and to automatically extend City map related approvals to coincide with automatic map extensions granted by Senate Bill No. 1185. AYES: Lewis, Kulchin, Hall and Packard. NOES: None. ABSENT: Nygaard. PUBLIC COMMENT: Rita Soza, a Business Management Professor at Mira Costa College came forward to address Council. Ms. Soza provided Council with an invitation (on file in the Office of the City Clerk) inviting them to attend the 2008 Mira Costa College Business Leadership Conference on Friday, September 26, 2008 at the Mira Costa College Theatre. Michele Levy, Carlsbad, spoke in support of establishing a Fire Department Master Plan for the City of Carlsbad. A representative from Policewatch.org expressed concerns relating to the accountability of law enforcement personnel. August 12, 2008 Carlsbad City Council Meeting Page 3 PUBLIC HEARING: 7. AB #19.546 - CARLSBAD PASEO. Associate Planner Jason Goff presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Packard, Mr. Goff confirmed that the proposed project would consist of 44,000 feet of retail space. In response to an inquiry from Council Member Hall, Associate Engineer Tecla Levy explained that in anticipation of the widening of Interstate 5, Caltrans is requiring the project be conditioned to maintain a right-of-way footing for a retaining wall. Paul Klukas, Planning Systems, 1530 Faraday Avenue, Suite 100, came forward to address Council on behalf of the applicant Strategic Property Advisors, Inc. Mr. Klukas gave a brief overview of the proposed project and stated that he would be happy to answer any questions from Council. Peter Aylward, President of Strategic Property Advisors, Inc. came forward to address Council. Mr. Aylward reviewed the types of restaurants and retail establishments Strategic Property Advisors, Inc., anticipate will be included in the proposed project. In response to an inquiry from Mayor Lewis, the applicant's architect Gene Fong explained that a courtyard is planned for the project and will contain a seating area for those individuals wishing to rest while shopping. Mayor Lewis opened the duly noticed Public Hearing at 6:51 p.m. and asked if anyone would like to speak. Seeing no one wishing to speak, Mayor Lewis closed the Public Hearing at 6:51 p.m. Council discussion ensued regarding their support for the proposed project. ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted RESOLUTION NO. 2008-234. adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving a Conditional Use Permit and Coastal Development Permit to allow development of a 7,511 square foot stand alone restaurant, a 44,391 square foot commercial retail center, and a vacant pad for a future stand alone restaurant on property generally located north of King's Fish House, south of Car Country Drive, east of Interstate 5, and west of Paseo Del Norte within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3, CUP 07-03 and CDP 07-07. AYES: Lewis, Kulchin, Hall and Packard. NOES: None. ABSENT: Nygaard. August 12, 2008 Carlsbad City Council Meeting Page 4 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 6:53 p.m. with four Council Members present. RECONVENE CITY COUNCIL MEETING Mayor Lewis adjourned the Special Meeting of the Carlsbad Municipal Water District and reconvened the City Council Meeting at 6:54 p.m. with all four Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 10. AB #19.547 - ECONOMIC OVERVIEW PRESENTATION. Economic Development Manager Cynthia Haas and Finance Director Lisa Irvine presented the staff report and reviewed a PowerPoint Presentation (on file in the Office of the City Clerk). Ms. Irvine gave an overview of the current economic conditions and the potential impacts on the City's finances. Ms. Irvine explained that the State still has not adopted a budget and has been borrowing gas tax funds from the City for five months. In response to an inquiry from Council Member Hall, Ms. Irivne explained that in the year 2013 the City is projecting an increase in revenues due to the absence of one time costs associated with capital projects and the anticipation of new development revenues. In response to Mayor Lewis, Ms. Irvine stated that if the State chooses to borrow money from municipalities in an effort to balance the State budget, the City of Carlsbad could potentially end up loaning the State up to $5 million dollars. Council received the report. 11. AB #19.548 - 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 gave an overview of the project and stated that staff has the following environmental and aesthetic concerns relating to the project proposal by NRG Energy, Inc.: • Water Supply - Considering desalination • Wastewater Discharge - Continued use of outfall • Fuel Tank Demolition - Part of California Energy Commission Approval • Smoke Stack Height - from 100 feet to 139 feet • Switchyard Relocation - East of railroad tracks August 12, 2008 Carlsbad City Council Meeting Page 5 In closing, Mr. Garuba stated that although Carlsbad is in support of maintaining regional infrastructure, staff feels that constructing a new power plant on the subject property is not the best use of the land and would like NRG to consider alternate available locations for their project. David Lloyd, Vice President of NRG Energy, Inc., Carlsbad, came forward to address Council. Mr. Lloyd stated that NRG has reviewed the alternate sites suggested by staff and have found that each site will not accommodate NRG's plans for their project. Mr. Lloyd invited Council and Carlsbad citizens to attend a workshop regarding the proposed power plant on August 28, 2008 at 6:00 p.m. at the Sheraton Hotel located at 5480 Grand Pacific Drive, Carlsbad. Mayor Lewis commented that the Council would like NRG, Energy, Inc. to consider an alternate site for the project. Ron Rouse, Carlsbad, representing NRG, Inc., came forward to address Council. Mr. Rouse stated that he would be happy to answer any questions that Council might have. Council Member Hall stated that Council is in favor of having a power plant in Carlsbad; however, would like to see the plant built elsewhere within Carlsbad. ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted RESOLUTION NO. 2008-235. opposing the proposed Carlsbad Energy Center Project and precluding all non-coastal dependent industrial applications, including energy generation from any future land use at the Encina Power Station Site. AYES: Lewis, Kulchin, Hall and Packard. NOES: None. ABSENT: Nygaard. 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. August 12, 2008 Carlsbad City Council Meeting Page 6 ANNOUNCEMENTS: Lorraine Wood, City Clerk, announced that Council Members have been invited to attend, and may be participating in the following events: Thursday, August 21, 2008 at 11:00 a.m. Carlsbad Chamber of Commerce State of the City Event Four Seasons Resort Aviara 7100 Four Seasons Point Carlsbad, California Saturday, August 23, 2008 at 10:00 a.m. Carlsbad City Library Learning Center Grand Opening 3368 Eureka Place Carlsbad, California Friday, August 29, 2008 at 10:00 a.m. Fire Station 6 Ribbon-Cutting Ceremony 7201 Rancho Santa Fe Road Carlsbad, California ADJOURNMENT: By proper motion, the Regular Meeting of August 12, 2008 was adjourned at 7:53 p.m. )RRAINE*M. WOOD, CMC City Clerk Sheila R. Cobian Deputy City Clerk