HomeMy WebLinkAbout2009-01-27; City Council; Minutes (9)MINUTES
JOINT MEETING OF: THE CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND
REDEVELOPMENT COMMISSION
(Joint Special Meeting)
DATE OF MEETING: January 27, 2009
TIME OF MEETING: 6:00 p.m.
PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor/Chair Lewis called the Joint Special Meeting to order at 7:09 p.m.
ROLL CALL:
Present: Council/Commission Members Lewis, Kulchin, Hall, Packard and Blackburn.
Absent: None.
DEPARTMENTAL AND EXECUTIVE DIRECTOR REPORT:
8. AB #19.704 - DETERMINATION OF NON-COMPLIANCE OF PROPOSED CARLSBAD
ENERGY CENTER PROJECT.
Municipal Projects Manager Joe Garuba, Senior Planner Scott Donnell and Housing and
Redevelopment Director Debbie Fountain presented the staff report and reviewed a PowerPoint
Presentation (on file in the Office of the City Clerk).
Mr. Garuba informed the Commission/Council that in a new development, staff has learned that
NRG, Inc. is currently subject to a hostile takeover bid by Exelon Corporation.
In response to an inquiry from Council/Commission Member Hall, Fire Chief Kevin Crawford
explained that the Fire Department would not attempt to bring fire equipment between Interstate 5
and the power plant machinery. He further stated that the Fire Department continues to have a
number of questions and concerns relating to the NRG, Inc. proposed project and the ability to
provide fire protection to the site.
Council/Commission Member Hall confirmed that NRG, Inc. has been directed by the California
Energy Commission (CEC) to factor in the widening of Interstate 5 and to include a protective
barrier or buffer in the project proposal.
Mr. Garuba also stated, for the record, that he would like to see a new site plan reflecting the
widening of Interstate 5.
Julie Baker, Carlsbad, came forward to address the Council/Commission on behalf of the
community group "Power of Vision". Ms. Baker spoke in opposition to the proposed Carlsbad
Energy Center Project.
Donna Merhab, Carlsbad, came forward to address the Council/Commission. Ms. Merhab asked
what agency or property owner has jurisdiction over the Agua Hedionda Lagoon and if NRG, Inc.
has authorization to eliminate boating on the lagoon.
January 27, 2009 JOINT SPECIAL MEETING OF THE CITY OF CARLSBAD CITY COUNCIL AND Page 2
HOUSING AND REDEVELOPMENT COMMISSION
Kerry Siekmann, Carlsbad, also spoke in opposition to the proposed Carlsbad Energy Center
Project.
Ron Rouse of Luce Forward Attorneys at Law came forward to address the Council/Commission
on behalf of NRG, Inc. Mr. Rouse submitted a letter (on file in the Office of the City Clerk)
outlining the many benefits that the proposed project will bring to the Carlsbad community.
Council/Commission Member Packard confirmed with Mr. Rouse that the term "decommissioning"
does not mean removal of the old plant and that the removal of the old plant is subject to
California Energy Commission approval.
In response to Council/Commission Member Hall, Mr. Tim Hemig of NRG, Inc., explained that the
proposed plant will be a peaking plant which means that when a sudden increased demand for
energy occurs, the plant can be up and running within 10 minutes.
In response to an inquiry from Council/Commission Member Blackburn, Mr. Rouse explained that
NRG, Inc. prefers to construct the proposed project on the existing power plant site in order to
utilize existing infrastructure.
In response to the inquiry from Ms. Merhab, City Attorney Ron Ball explained that Agua Hedionda
Lagoon is subject to a trust document that involves the State of California, City of Carlsbad and
NRG, Inc, and that a unilateral decision cannot be made regarding the allowable uses of the
Lagoon.
ACTION: On motion by Mayor Pro Tern/Vice Chair Kulchin, the Council/Commission
adopted RESOLUTION NO. 2009-020. approving the finding that the
proposed Carlsbad Energy Center Project does not comply with all applicable
land use laws, regulations, ordinances and standards.
AYES: Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ADJOURNMENT:
By proper motion, the Joint Special Meeting of January 27, 2009 was adjourned at 8:20 p.m.
LORRAINE MrWOOD, CMC
City Clerk/Secretary
Sheila R. Cobian
Deputy City Clerk