HomeMy WebLinkAbout1976-07-20; City Council; 3722; REFERENDUM PETITIONI/
tl m CITY OF CARLSBAD a '- <
AGENDA BILL NO. 37@, - Initial :,
DATE : Ju1.y 20. 1976
DEPARTMENT: City Clerk C. Mgr.
Subject :
Dept. Hd .wx
C. Atty.L'F4 3- -
R E F E R E N D U M P ET I T I 0 N
Stateinent of the Matter
On June 2, 1976 I received 230 petitions protesting the City Council' action taken on May 4, 1976, by the adoption of Ordinance #9456, amending Ordinance #9279, which amended the Specific Plan to permit t construction of a 400 foot single stack to replace four existing stac at the Encina Power Plant - Applicant: San Diego Gas & Electric Co.
The petitioners request the City Counci 1 to reconsider said 1 egi sl ati act and repeal the same, or submit the same to the voters at a specia election called for this purpose.
On June 9, 1976 it was determined that the number of signatures on th
petition prima facia equaled or exceeded the minimum number of signat
required to accept a referendum petition for filing.
The examination of the petition was completed on July 7, 1976 in acco with Section 4051.3 of the Election Code, and the Certificate of Resu of Examination of Referendum Petition is attached.
Exhibits
1. Copy of Ordinance #9456. 2.
3. (Petitions will be presented at City Council meeting.) Certificate of Results of Examination of Referendum Petition.
Council action
7-20-76 The Council moved to reaffirm Ordinance No. 9456 and declare that it be reinstated to full force and effect and thus not subject to the referendum process.
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ORDINANCE NO. 9456
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APTENDING ORDINANCE
NO. 9279 BY THE AMEND."IENT OF THE SPECIFIC PLAN
ADOPTED THEREBY TO PEXIIT THE CONSTRUCTION,
SUSJECT TO CERTAIN CONDITIONS, OF A 400 FOOT
SINGLE STACK TO REPLACE FOUR EXISTING STACKS
AT THE ENCINA POWER PLANT ON PROPERTY GENERALLY
LOCATED WEST OF INTZRSTATE 5 Mdil SOUTH OF THE
AGUA HEDIONDA LAGOON (SP-144 (B) ) . APPLICANT:
SAN DIEGO GAS & ELECTRIC COMPANY.
The City Council of the City of Carlsbad, California, doe:
ordain as follows:
SECTION 1: That it does find and declare as follows:
1. A verified application for an amendment to SP-144 to 1
I mit the construction of a 400 foot single stack to replace the
four existing stacks at the Encina Power Plant has been receivc
for the following described property:
Those portions of Rancho Agua I-Iedionda, Hap NO. 823 in tht city of Carlsbad, County of San Diego, together with that
portion of Block W Palisades Xurtber Two, Map No.
the City of Carlsbad, County of San Diego. Also being
Parcel 6, Page 07, Book 206: Parcels 24, 25, 26, & 27,
Page 01, Book 210; Parcel 21, Page 21, Book 211 and
Parcel 14, Page 01, Book 212 of the Assessor's Nap of San Diego County.
2. In accord with Title 21 of the Carlsbad Municipal Cod
1803 in
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the matter was referred to the Planning Commission for public
hearing.
3. A duly noticed public hearing was held before the
Planning Commission at the time and in the place specified in
said notice on January 28, 1976 and continued to March 24, 197
at which time all interested persons were heard.
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4. The applicant has complied with the Public Facility
Element of the General Plan and has provided the necessary
infomation which ensures Public Facilities will be available
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concurrent with need.
5. The subject application has complied with the requi
ments of the City of Cazlsbad "Environmental Protection Ordinz
of 1972" in that an Environmental Impact Report on the project
was certified in 1973 and has been fully supplemented with
additional current information which constitutes prior compliE
In addition, an EIR for the entire related Encina 5 project as
certified by the Public Utilities Commission acting as lead
agency on the project has been considered.
6. The Planning Commission unanimously recommended the
approval of the applicant's request.
7. That a duly noticed public hearing was held before
City Council on April 20, 1976.
8. At said public hearing,'upon hearing and considerir
the testimony and arguments, if any, of all persons who desirc
to be heard, khe City Council considered all factors relating
the Specific Plan Amendment and made the following findings of
fact:
(A) A11 conditions of City Council' Ordinance 9279 have
been complied with and this amendment is consistent
with said ordinance and the provisions of the P-U i
(3) The 400-foot stack is necessary to provide an effec method of dispersing the emissions of the Encina
Board and because of its relationship with Encina :
will improve the overall quality of air in this arc
. Power Plant as required by the State Air Resources
2. .
, (c) SDG&E has indicated that some of the corrosion damac
"fallout", in the vicinity of the San Diego Gas &
Electric Company Encina Power Plant (more specifica.
the Terramar Area) is probably started or caused by
particles from the Encina Plant. SDG&E has acceptec
responsibility for such damage and further stated tl
they will meet with individual Terramar residents tc
resolve the damage claims and that they are also
working with the San Diego County APCD staff to
develop a work program that will assure the City an( County that necessary corrective action will be takc by the Company.. Unless this ordinance is amended,
the "fallout" problem will be solved prior to the
use of Encina 5 and the stack.
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(D) The approval of this amendment, with conditions, wi:
improve air quality in the immediate vicinity of thc
plant.
To the extent there are adverse environmental effecl
to the project, they will be mitigated by the con-
ditions of approval.
(F) The identical project was approved in 1973 and the
(E)
conditions surrounding that approval have not materj
ally changed and the applicant has relied on such
approval.
The construction of the stack will be accompanied
by the removal of the four existing stacks and a screening of all duct work so that the aesthetic efi of the plant with the 400-foot stack will be no wor: than the existing.,four stacks.
The project is a logical extension of an existing use located in an area already committed to heavy
public utility operations.
This amendment is consistent with the Carlsbad Gener Plan and all applicable specific plans.
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(G)
(H)
(I)
SECTION 2. That Ordinance No. 9279 is amended by the
amendment of Section 2 of said ordinance to replace the Specifi
Plan Map attached thereto with a revised plan labeled SP-l44B,
Exhibit A, dated October 10, 1975, on file in the'planning
Department and incorporated by reference herein, which is here1
adopted.
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SECTION 3: That Ordinance No. 9279 is amended by the am
ment of Section 2 of said ordinance to add Condition No. 14 to
read as follows:
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"14. In add-ition to the above conditions, the revised PI
tions of the specific plan which permit theconstru
of the 400-foot stack and the removai of the four
existing stacks shall be accomplished in accord wi
the revised specific plan SP-14.45 and shall be sub
to the following conditions:
(A)
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All applicable requirements of any law', .ordi
or regulation of the'state of California, ci
of Carlsbad., and any other governmental enti
shall be complied. with.
(B) Ali ground lighting shall be arranged t~ ref
away from adjoining properties and streets.
(C) Any- mechanical and/or electrical equipment t
located on the roof of the structure shall b
screened in a manner acceptable to the Plann
Director. Detailed plans for said. screening
shall be submitted, in triplicate, to the Planning Director for approval.
Air pollution equipment capable of monitorin
ambient particulates, NOx and SO2 concentrat
and other enissions from the Encina Plant as
placed in service not later-than six months
'lowing the effective date of this ordinance.
number of stations, type of equipment and lo
tion of stations shall be to the satisfactio
the APCD Control Officer and the City of Car
Should the Air Pollution Control Officer of
San Diego County Air Pollution Control Distr
require additional air quality or emissions
monitoring equipment and funds for air quali
analysis in connection with their current
study of emissions.from the Encina Power Pla
the applicant shall supply said equipment an
funds as deemed necessary by the Air Polluti
Control Officer. The cost of. said equipment
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(D)
as air quality in the Csrlsbad area shall be
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shall not exceed $150,000. The requested fund
for air quality analysis shall not exceed
$50,000 per year.
Any future measure required by the San Diego
County Air Pollution Control District to lesse or otherwise control emissions from the Encina
Power Plant are hereby incorporated as a part
of this Specific Plan. Amendment and SDG&E shal
corny=:!y fully therewith. The costs of such
measures shall be borne by SDG&E.
SDG&E will obtain a report of compliance from
City staff regarding the conditions of this ordinance and frorr! the San Diego County Air
Pollution Control Officer regarding compliance
with the applicable conditions of the ordinanc
and with air quality standards, and forward it
the City Council five years from the date of
motion of the City Council, or the Planning
Commission. The Planning Commission and City
Council shall review the report with reqard tc conformance to the conri.it1on.s of this ordinanc
and to regulations required by other applicabl
regulatory agencies, including, but not limit€ to, the San Diego County Air Pollution Control
District, Public Utilities Commission and Stat
Coastal Commission. The City reserves the ri? to amen6 this specific plan SP-14-4B as necess?
to add conditions to ensure such compliance.
After the initial ,report is filed the City Coi
may, by motion, require additional reports as they deem necessary.
(E)
(F)
. this ordinance or as otherwise required by
(G) In the event that the City of Carlsbad determ - that the 400-foot stack is no longer necessar! a method of air emission dispersion, the 400-
stack shall be removed at the applicant's expc
The applicant may request an amendment to thii
specific plan to provide a reasonable extensic
the period for such removal.
The applicant shall make a formal commitment
conduct the studies necessary to determine wh
operating practices and/or emissions control
devices are capable of eliminating the partic
"fallout'' problem.' A schedule for the comple
of the studies shall be established which is satisfactory to the San Dieyo County Air Poll
(H)
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Control District Officer, the Air Pollution
Control District Hearing Board or Court of Lab
SDG&E shall fully conply with the abatement
order entered in petition No.607.
The applicant shall further agree to pay clain
for property damage resulting from the "falloL
problem until compliance with the abatement or
is achieved.
The particulate "fallout" problem shall be cor trolled tothe satisfaction of the City Counci
of the City of Carlsbad and of the Air Polluti
Control Officer prior to the final building PE
clearance for Encina 5 and the single stack.
Not later than eight nonths after the Buildin5
Inspector signs the final inspection for the
400-foot stack, the four stacks on the existir
Encina Power Plant shall be completely removec
(J) SDG&E shall file an annual report with the Cit
Council regarding improvements in plant and
opcraticg procedures during the preceding yea1
' which reduce the emission of air pollutants
resulting from the operation of Encina Units 1
2, 3 and 4.
(I)
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\ (K) SDG&E shall operate the plant in full cornplial
with all air quality standards as-are or may I
established by the APCD. If the monitcring sta
indicate the standgrds are being exceeded at l
time, SDG&E .shall compLy with all directions (
APCD to reduce, through any reasonable means,
pollutants from the plant.
(L) In the event SDG&E files for a variance or ot' form of administrative or legal relief from ti
requirements of APCD, they shall concurrently
forward a copy of any such filing, or any sub
sequent communications in connection therewit to the City of Carlsbad.
SECTION 4. That the thirty-five foot height limit estab
ed by Condition No. 5 of Section 2, of Ordinance No. 9279\ slia
not apply to the 400-foot stack or the duct work and screening
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be constructed on top Of the main generation building in conjuni
tion with the construction of the stack and the removal of the
four existing stacks."
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to
the adoption of this orsinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
an adjourned
INTRODUCED AND FIRST EUEAD at / regular meeting of the
Carlsbad City Council held on the27thday of Apri 1 I 1976
and thereafte;
PASSED AND ADOPTED at a regular meeting of said Council h
on the 4th Zay of May r 1976, by the following vote, to w
AYES: Councilmen Packard, Skotnicki and Councilwoman Cc
NOES : Counci 1 man Lewis
ABSENT: None
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ogdG3L&- ABSTAINED: Councilman Frazee
R B ,T C. FKRZEE,
ATTEST :
y*;L&4Ld Y flh&& E. ADAMS, Ciky Clerk
lGRFAR$ (SEAL)
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CERTIFICATE OF RESULTS OF EXAMINATION OF REF ERE ND UM P ET IT1 ON
r'
I, MARGARET E. ADAMS, City Clerk of the City of Carlsbad, Californ
hereby certify that pursuant to Section 4051.1 of the California Elections
Code I examined the referendum petition attached hereto and determined it
be prima facie sufficient and accepted the petition for filing on June 9,
Pursuant to Section 4051.2 of said code, said petition was examinc
by the Registrar of Voters of the County of San Diego acting as my Deputy,
determine whether or not each signature appearing thereon was the genuine
signature of a properly registered and qualified voter of the City of Carl
accompanied by a proper date, street address and precinct number. The res
of that examination are attached hereto and made a part hereof.
This examination was completed on July 7, 1976 in accord with Sect
4051.3 of the Elections Code.
This certificate is hereby presented to the City Council of the Ci
of Carlsbad, California for consideration at your regular meeting of July
1976, the next regular meeting after completion of the examination.
. *flU&xi % "1 t. Q&A4Qdd t
MARGAREV E. ADAMS City Clmk City of Carlsbad
(SEAL}
m e
CERTIFICATE TO REFERENDUM PETITION
I, E, T, DEXV, Registrar of Voters in the County of San Diego,
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State of California, hereby certify that on June 22, 1976 the attached
referendum petition was delivered to this office by the City Clerk of
the City of Carlsbad, California, for checking.
I further certify that this petition consists of 230 sections. The
petition contains signatures and dates purporting to be respectively
the signatures of qualified electors of said City and the dates upon
which such electors had respectively signed said petition; that
attached to said petition at the time the same was filed as aforesaid
was an affidavit purporting to be the affidavit of the person who
solicited the signatures thereon; that therein affiant stated his own
qualifications, that he had solicited the signatures upon said section,
best of his knowledge and belief each signature to the said section
was the genuine signature of the person whose name it purports to be.
That I examined the petition and the affidavits of registration in this
City current and in effect to determine therefrom what number of qualifi-
ed electors signed said petition; that 230 sections of the petition were
examined and contained 1,926 total names and that of this total 1,826
were found to be qualified electors of this City. In accordance with
the provisions of the Election Code ten percent (10%) of the registered
voters signatures is required to qualify the petition, or 967 signatures
are required.
I further certify that the total number of registered voters residing
within the incorporated area of Carlsbad, as certified to the
Secretary of State on May 27, 1976, was 9,673.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal
that all of said signatures were made in his presence and that to the
this 7th day of July 1976.
\
R. T. DENNY, Registrar of Voters
County of San Diego, State of California
BY, Affidavit Pr