HomeMy WebLinkAbout2009-10-20; City Council; Minutes (3)MINUTES
MEETING OF: CITY COUNCIL (Regular Meeting)
DATE OF MEETING: October 20, 2009
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 Assistant City Clerk, as follows:
Present: Lewis, Kulchin, Hall, Packard and Blackburn.
Absent: None.
LEGISLATIVE INVOCATION:
Mayor Lewis gave the Legislative Invocation.
PLEDGE OF ALLEGIANCE:
Council Member Packard led the Pledge of Allegiance.
APPROVAL OF MINUTES:
On a motion by Mayor Pro Tem Kulchin, the minutes of the following meetings were
unanimously approved as presented:
Minutes of the Special Meeting held September 16, 2009.
Minutes of the Special Meeting held October 6, 2009.
Minutes of the Regular Meeting held October 6, 2009.
Minutes of the Joint Special Meeting held October 6, 2009.
Minutes of the Special Meeting held October 13, 2009.
PRESENTATIONS:
Council Member Hall presented a proclamation recognizing Domestic Violence
Awareness Month to Lindsay Samson, representing the Women's Resource Center.
Fire Chief Kevin Crawford introduced Jim Floras, Chief Executive Officer of the Burn
Institute.
Mr. Floras provided a brief explanation of the Burn Institute's Volunteer Program and
presented Carlsbad Fire Engineer Jeff Chumbley with the Volunteer of the Year award.
Engineer Chumbley thanked Council, his family and Fire Department Staff for
recognition and support.
October 20, 2009 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, Items #1 through #15 as follows:
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all Ordinances and Resolutions at this Meeting.
1. AB #19.992 -ACCEPTANCE OF DONATION.
Council adopted RESOLUTION NO. 2009-249. accepting a donation from
the Carlsbad Senior Citizens' Association in support of the Carlsbad Senior
Center.
2. AB #19.993 -ACCEPTANCE OF IN-KIND DONATIONS.
Council adopted RESOLUTION NO. 2009-250. accepting donations for in-
kind products and services in support of the 2009 Snores & S'mores Safari
Campout.
3. AB #19.994 - ACCEPTANCE OF IN-KIND DONATIONS.
Council adopted RESOLUTION NO. 2009-251. accepting in-kind donations in
support of the 2009 Dinner and a Movie Event at the Leo Carrillo Ranch
Historic Park.
4. AB #19.995 - ACCEPTANCE OF DONATIONS.
Council adopted RESOLUTION NO. 2009-252. accepting cash donations and in-
kind donations of products and services in support of the 2009 Carlsbad Health
and Wellness Expo and 28th Annual Triathlon; and, authorizing the appropriation
of funds.
ACTION:
5. AB #19.996 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-253. accepting the construction of the
FY 2008-09 Concrete Replacement Project as complete; and, directing the City
Clerk to record a Notice of Completion, Project No. 6013.
6. AB #19.997 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-254. accepting the construction of the
Leo Carrillo Ranch Barn Stabilization Project as complete; and, directing the City
Clerk to record a Notice of Completion, Project No. 39611.
7. AB #19.998 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-255. accepting the construction of
public improvements for Robertson Ranch East as complete; and, directing the
City Clerk to record a Notice of Completion, Project CT 02-16.
October 20, 2009 Carlsbad City Council Meeting Page 3
8. AB #19.999 - NOTICE OF COMPLETION.
Council adopted RESOLUTION NO. 2009-256. accepting the construction of
Melrose Drive as complete; and, directing the City Clerk to record Notices of
Completion for CT 99-06 Palomar Forum - Melrose Drive (Forum), CT 98-10
Carlsbad Raceway - Melrose Drive/Forum, and CT 98-10 Carlsbad Raceway -
Melrose Drive/Raceway.
9. AB #20.015-ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2009-267. approving the plans and
specifications for a Wastewater Boundary Adjustment Agreement with Leucadia
Wastewater District, approving a License Agreement with the Ponderosa Home
Owners Association for the La Golondrina and El Fuerte Street Sewer
Extensions; and, authorizing the City Clerk to advertise for bids, Project Nos.
3951 and 5500.
10. AB #20.000 - ADVERTISE FOR BIDS.
Council adopted RESOLUTION NO. 2009-257. approving the plans and
specifications for the reconstruction of the Encinas Creek Bridge; and,
authorizing the City Clerk to advertise for bids, Project No. 3919.
11. AB #20.001 -APPROVE AGREEMENTS FOR PREPARATION OF
ENVIRONMENTAL IMPACT REPORT.
Council adopted RESOLUTION NO. 2009-258. approving an agreement with
BRG Consulting, Inc. for the preparation of an environmental impact report,
approving an agreement with West Senior Living R/E, LLC for payment of fees
associated with the BRG Consulting Inc. agreement; and, authorizing the City
Manager to execute said agreements for Dos Colinas, EIR 09-01.
12. AB #20.002 - AMENDMENTS TO CITY MANAGER AND CITY ATTORNEY
EMPLOYMENT AGREEMENTS.
Council adopted RESOLUTION NO. 2009-259. approving clarifications to the
City Manager and City Attorney's employment agreements.
13. AB #20.003 - APPROVE CORRECTIONS TO THE AGRICULTURAL
CONVERSION MITIGATION FEE GRANT FUNDING.
Council adopted RESOLUTION NO. 2009-260. approving corrections to the
Agricultural Conversion Mitigation Fee Grant funding amounts specified in Exhibit
A of previously adopted City Council Resolution No. 2009-199.
14. AB #20.004 - SETTLEMENT OF CLAIM.
Council adopted RESOLUTION NO. 2009-261. authorizing the expenditure of
funds for the settlement of the Workers' Compensation claim of Damian Garcia.
Resolution No. 2009-261.
15. AB #20.005 - CONTINUATION OF DECLARATION OF LOCAL EMERGENCY.
Council adopted RESOLUTION NO. 2009-262. continuing the Declaration of
Local Emergency for the replacement of the sewer main at 2402 Tamarack
Avenue.
October 20, 2009 Carlsbad City Council Meeting Page 4
ORDINANCES FOR INTRODUCTION:
16.AB #20.006 - COASTAL COMMISSION SUGGESTED MODIFICATIONS TO
CARLSBAD RANCH SPECIFIC PLAN AMENDMENT.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
ORDINANCE NO. CS-066. approving a Specific Plan
Amendment (SP 207) and Local Coastal Program
Amendment (LCPA 90-08(E)) to amend the Carlsbad Ranch
Specific Plan and accept the California Coastal
Commission's suggested modifications that require all
Specific Plan Amendments be approved by the City Council
and California Coastal Commission, for Legoland Inner Park.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
17. AB #20.007 - INTRODUCE AND ADOPT URGENCY ORDINANCE RELATING TO
A MORATORIUM ON POWER PLANTS IN THE COASTAL ZONE.
Municipal Projects Manager Joe Garuba and Planning Director Don Neu gave the staff
report and Power Point Presentation (on file in the Office of the City Clerk).
Mr. Garuba explained that the moratorium would impact two primary facilities, one is the
existing Encina Power Station and proposed Carlsbad Energy Project, and the second
is the Encina Wastewater Authority facility.
Mr. Garuba stated that with regard to the proposed Carlsbad Energy Project, the
Warren-Alquist Act provides the California Energy Commission with the ability to
override the city's land use decisions. He added, however, that the final environmental
document has not been completed and it was important that Energy Commission staff
have full knowledge and understanding of the City's position on any potential land use
on that site.
Mr. Garuba reviewed a timeline regarding the moratorium and explained that if Council
deems appropriate, at a later date, it could withdraw the moratorium.
Ronald Rouse from Luce Forward, representing Cabrillo Power, owner/operator of the
existing power plant, referenced a letter he submitted to Council at the beginning of the
October 20, 2009 Council meeting (on file in the Office of the City Clerk).
Mr. Rouse stated that Cabrillo had been working with the City since 2007 on the
proposed project and understood the City's long-range vision of a facility with a smaller
profile and smaller footprint.
October 20, 2009 Carlsbad City Council Meeting Page 5
Mr. Rouse explained that the Warren-Alquist Act provided exclusive jurisdiction
regarding the siting and operation of power facilities to the California Energy
Commission (CEC). He said his belief that the proposed Urgency Ordinance
constitutes "spot zoning" that affects a single pending project and landowner.
He also stated that the City failed to comply with CEQA, stating that the proposed
Ordinance would go beyond the allowable scope of planning and feasibility studies
authorized by the CEQA exemption that was cited.
Mr. Rouse further addressed the October 20, 2009 letter, and stating that Cabrillo
Power objects to the Urgency Ordinance and believes that the Carlsbad Energy Center
Project (CECP) meets all legitimate environmental and land use policies, and will
benefit the region.
Kerry Siekmann came forward to address Council, and expressed her support for the
Urgency Ordinance.
Arnie Roe of Carlsbad, and co-founder of Power of Vision, came forward to address
Council. He said that this moratorium would not have a reverse impact on the region's
energy needs. Mr. Roe referenced a California Energy Commission Revised Forecast
Report that indicated a decline in power usage (on file in the Office of the City Clerk).
He added that SDG&E is aware of a decrease in power usage and has not contracted
with NRG to purchase power from the proposed plant. Mr. Roe further added that NRG,
subject to PUC approval, would be able to sell power to other areas.
Jacques Ronatier of Carlsbad came forward to address Council. Mr. Ronatier stated he
had followed the project since it was proposed. He said the revised California Energy
Commission Forecast report shows a change in energy usage over the next few years.
Mr. Ronatier said that more time is required to define if it is necessary to build the plant.
In response to an inquiry from Council Member Packard, Mr. Roe said that the Energy
Commission's revised forecast is a 10-year forecast.
Tom Siekmann of Carlsbad came forward to address Council, and spoke in support of
the moratorium.
Julie Baker of Carlsbad came forward to address Council. Ms. Baker spoke in support
of the moratorium. She explained that 2500 Carlsbad residents have signed a petition in
opposition to locating a power plant on the coast. She added that the proposed NRG
Power Plant would have no direct benefit to the citizens of Carlsbad, because power will
go into the grid and to be used as necessary throughout the state.
Kalani Revier came forward to address Council. Mr. Revier spoke in opposition of the
moratorium. He stated he felt the tenants of the property have been good stewards. He
also said he saw no problem for the NRG Power Plant to work hand in hand with the
Desalination Plant.
October 20, 2009 Carlsbad City Council Meeting Page 6
Mayor Lewis stated that land use planning with the previous and current owners of the
Power Plant had been difficult, that the existing plant has been in existence for 52 years
and is obsolete, and that there are no definitive plans for its removal. He added that
Council felt that placing two power facilities on that site was unacceptable.
Council Member Hall asked staff to address Mr. Rouse's comments regarding timing,
spot zoning and CEQA.
Assistant City Attorney Jane Mobaldi stated there were no rezoning actions for Council
to take during this meeting. She explained that the Council was enacting a moratorium
on entitlements for power plants located in the coastal zone, and directing staff to study
the situation and return with recommendations. She added that an environmental study
would occur if staff recommended General Plan and zoning amendments. Ms. Mobaldi
further addressed "spot zoning," adding that the moratorium applies to the entire coastal
zone and to every property located within the coastal zone.
Mr. Garuba informed Council that California Energy Commission staff is working to
release final EIR documents. He explained that City staff felt it was important that the
Energy Commission understand the City's position on land use for this project as well
as contemplated future uses for coastal zone property.
Council Member Hall asked about compounding effect of air emissions from the
proposed Power Plant and the Interstate 5 freeway.
Mr. Garuba said the Air Pollution Control District does not provide a cumulative analysis
that would include the total air emissions from the proposed Power Plant and freeway.
He added that the California Energy Commission has has defined 1,000 feet as the
sensitive receptor definition for locating businesses and residences.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council introduced
and adopted URGENCY ORDINANCE NO. CS-067.
prohibiting the expansion or location of thermal electric
power generation facilities within the Coastal Zone pending
studies and changes in the General Plan and Zoning
Ordinances and other land use regulations; and,
Adopted RESOLUTION NO. 2009-263. declaring intent to
study and consider amendments to the General Plan
designation, Zoning Ordinances and other land use
regulations pertaining to the expansion or location of thermal
electric power generation facilities within the City of
Carlsbad.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
October 20, 2009 Carlsbad City Council Meeting Page 7
RECESS:
Mayor Lewis declared a recess at 5:54 p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING:
Mayor Lewis reconvened the Council Meeting at 6:56 p.m. with five Council Members
present.
ORDINANCES FOR ADOPTION:
18.AB #20.008 - EXTENSION OF TIME LIMIT FOR VILLAGE REDEVELOPMENT
PLAN.
Council Member Hall and Council Member Packard recused themselves due to a
potential conflict of interest and left the dias at 6:56 p.m.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. CS-060. amending the Carlsbad Village
Area Redevelopment Plan to extend the effectiveness time
limit for one additional year pursuant to Assembly Bill 26 as
codified in Health and Safety Code Section 33331.5.
AYES: Lewis, Kulchin and Blackburn.
NOES: None.
ABSENT: Hall and Packard.
Council Members Hall and Packard returned to the dais at 6:58 p.m.
19. AB #20.009 - ADULT BUSINESS LICENSE MUNICIPAL CODE AMENDMENT.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tem Kulchin, Council adopted
ORDINANCE NO. CS-062. amending Title 8 of the Carlsbad
Municipal Code, by amending Chapter 8.60 to specify that
an Adult Business License may be denied, suspended or
revoked based on the license applicant's/holder's history of
misdemeanor or felony sex-related convictions, MCA 09-01.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
October 20, 2009 Carlsbad City Council Meeting Page 8
20. AB #20.010 - ADULT BUSINESS ORDINANCE ZONE CODE AMENDMENT.
Assistant City Attorney Jane Mobaldi titled the Ordinance.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. CS-063. amending the Carlsbad
Municipal Code by: 1) amending Chapter 21.06 to exempt
adult businesses from Chapter 21.06 (Q Qualified
Development Overlay Zone); 2) amending chapters 21.30,
21.32 and 21.34 to add adult businesses to the list of
permitted uses in chapters 21.30 (C-M Heavy Commercial-
Limited Industrial Zone), 21.32 (M Industrial Zone), and
21.34 (P-M Planned Industrial Zone); 3) repealing and
reenacting chapter 21.43 (Adult Entertainment) to amend the
definitions and location requirements for adult businesses;
and 4) amending chapter 21.44 (Parking) by revising the
joint use parking provisions, ZCA 06-02/LCPA 06-04.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
21. AB #20.011 - TABATA RANCH.
Assistant City Attorney Jane Mobaldi titled the Ordinances.
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
ORDINANCE NO. 064. amending the Carlsbad Municipal
Code, Section 21.05.030 by an amendment to the zoning
map to grant a zone change from Residential Density-
Multiple with a qualified development overlay (RD-M-Q) and
limited control (L-C) to One-Family Residential (R-1) on a 2.9
acre site generally located on the north side of Poinsettia
Lane at the westernmost terminus of Lemon Leaf Drive,
within the Mello II segment of the Local Coastal Program
and Local Facilities Management Zone 20; and,
Adopted ORDINANCE NO. CS-065. amending the Zone 20
Specific Plan (SP 203(C)) to change the General Plan land
use designation from Residential Medium Density (RM) to
Residential Low-Medium Density (RLM) on a 2.9 acre site
within Planning Area "D" of the Zone 20 Specific Plan, on
property generally located at the westernmost terminus of
Lemon Leaf Drive, within the Mello II segment of the Local
Coastal Program and Local Facilities Management Zone 20.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
October 20, 2009 Carlsbad City Council Meeting Page 9
PUBLIC COMMENT:
No public comment was presented.
ADJOURNMENT TO THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND
CARLSBAD MUNICIPAL WATER DISTRICT
Mayor Lewis adjourned to the Joint Special Meeting of the City Council and Municipal
Water District at 7:01 p.m. with five Council Members present.
RECONVENE CITY COUNCIL MEETING:
Mayor Lewis adjourned the Special Meeting of the Municipal Water District and
reconvened the City Council Meeting at 7:16 p.m. with five Council Members present.
DEPARTMENTAL AND CITY MANAGER REPORTS:
25.AB #20.013 - REQUEST FOR IN-KIND SERVICE ASSISTANCE FROM
CARLSBAD CHRISTMAS BUREAU.
Police Chief Tom Zoll introduced Phil Urbina, President of the Carlsbad Christmas
Bureau to make the presentation.
Mr. Ubrina provided Council with a brief description of the Carlsbad Christmas
Bureau program. He said that the program, which started in 1971, requires
participants to be Carlsbad residents and does not accept assistance from other
organizations such as Toys for Tots. He added that the program does receive
business and corporate sponsors.
Mr. Urbina explained that the request for in-kind assistance was for traffic control
from the Police Department during the Bureau's gift distribution event.
In response to an inquiry from Council Member Packard, Chief Zoll explained that in-
kind assistance costs increased due to improvements made to the traffic control plan
that added additional staff to make the event safer.
Mr. Urbina urged anyone interested in adopting a family or for more information on
the Carlsbad Christmas Bureau to visit the website: christmasbureau.org
ACTION: On a motion by Mayor Pro Tern Kulchin, Council adopted
RESOLUTION NO. 2009-266. approving a request from the
Carlsbad Christmas Bureau for in-kind assistance; and,
authorizing the appropriation of funds.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
October 20, 2009 Carlsbad City Council Meeting Page 10
26.AB #20.014 - PRESENTATION OF LOCAL ECONOMIC UPDATE.
Finance Director Lisa Irvine and Assistant Finance Director Kevin Branca gave the staff
report and PowerPoint Presentation (on file in the Office of the City Clerk). Included in
the report were an update on the effects of the state budget actions on the city's budget,
the status of the general fund 1st quarter largest revenue sources (property tax, sales
tax, transient occupancy tax, and franchise tax), and the city's 10 year financial forecast.
Ms. Irvine also provided a brief explanation on an initiative ballot measure filed by a
coalition of local government, transportation and public transit agencies that may be on
the statewide ballot for the November 2010 election that would aid in preventing the
State from borrowing, raiding or redirecting certain local government, transportation and
public transit funds.
In response to an inquiry from Council Member Hall, Ms. Irvine explained that if the city
considered building and operating new facilities, expenditures could be adjusted or
facility openings may be delayed until operation funding is available.
Council Member Hall asked if the City used reserve funds to build and operate the
facilities listed in the Capital Improvement Program, what the yearly deficit would be
from years 2010 to 2016.
Ms. Irvine responded that the annual deficit would be approximately 7 to 8 million
dollars.
By consensus Council accepted the report.
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:
Assistant City Clerk Karen Kundtz announced that Council had been invited and may
participate in:
Wednesday, October 21, 2009, 11:00 a.m.
Carlsbad City Council Study Session
City of Carlsbad Faraday Center
1635 Faraday Avenue
Carlsbad, CA
October 20, 2009 Carlsbad City Council Meeting Page 11
Thursday, October 22, 2009, 5:00 p.m.
Carlsbad Citizens' Academy Graduation
Carlsbad City Hall
1200 Carlsbad Village Drive
Carlsbad, CA
ADJOURNMENT:
By proper motion, the Regular Meeting of October 20, 2009 was adjourned at 7:58 p.m.
(EN
Assistant City Clerk
Sherry Freisinger
Deputy Clerk