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HomeMy WebLinkAbout1995-10-17; City Council; 13361; APPEAL OF CITY ENGINEERS DECISION RELATED TO SAN DIEGO GAS AND ELECTRIC'S 1995-96 DREDGING OF THE OUTER BASIN OF AGUA HEDIONDA LAGOONa, a rl -4 V 2 0 U z 0 F 0 a 0 d z 3 0 0 need for sand, as determined by the deposition analysis and the recommendation of the BEC or the City, exceeds the limits of the applicant’s other agency permits the applicant and the City shall meet to assess the regulatory and financial impacts of the additional disposal work proposed outside those limits. The ultimate disposal location shall be specifically approved by the City Engineer. At the August 8, 1995 Beach Erosion Committee meeting, the Committee considered SDG&E’s proposed dredging program but withheld their decision based on the untimely submittal of the proposal and a lack of time to adequately review and comment of the dredge program. r 1 a 0 Page 2 of Agenda Bill No. / 3 :36/ / Qn September 6, 1995, the City Engineer, pursuant to the provisions of the SUP, sent a letter to SDG&E stipulating the content of the 1995/96 dredging program. The provisions are as follows: Pursuant to the requirements of Special Use Permit 92-04 and based upon discussions with the Carlsbad Beach Erosion Committee, the following is your approved 1995/96 dredging program for the outer basin of the Agua Hedionda Lagoon: b Upon commencement of SQG&E’s dredging program, place the first 150,000 cubic yards of dredge material beginning at the northerly limits of the permit area (Oak Street) and deposit the material in a southerly direction building a beach profile of 150 feet from the toe of the seawall. Deposit the next 200,000 cubic yards of dredge material between the inlet and outlet jetties of the Agua Hedionda Lagoon western basin. t- b Place the remaining material (approximately 50,000 cubic yards) south of the outlet jetty. The sand deposition locations established by the City were based on previous offshore studies completed along the Carlsbad coastline. These reports and studies have indicated that there is a northerly shift in offshore currents during a portion of the year which would reduce the potential of sand influx into the lagoon. In addition, material placed between the jetties would naturally enter the lagoon mouth during this northerly shift in currents. Another study evaluated the sand migration in the northern portion of the Oceanside Littoral Cell which indicated that there is a northern drift of sand material in the nearshore zone amounting to approximately one third of the total gross transport of material in the cell. It is for these reasons that the Beach Erosion Committee and the City Engineer has directed that at least one third of the total dredged material be placed along the northerly limits of the approved disposal area. In past dredging cycles, SDG&E was allowed to place the sand northerly as the last operation. in each case the quantities deposited were substantially less than required. sufficiently short of the inlet jetty will allow natural drift to fill in the beach southerly without increasing sand flow back into the lagoon. On Thursday, September 28, 1995, SDG&E was observed by City staff as disposing of dredged material south of the outlet jetty, at an unapproved location at this stage of the dredging. A Stop Work order was issued by the City Engineer based on non-compliance with the provisions of the Municipal Code. Failure to comply with the conditions established in the SUP constituted a violation of the Municipal Code and is subject to the provisions of Sections 1.08 and 21.1 10.080. In addition, if the violation is not rectified and SDG&E continues to dredge in non-compliance with the approved disposal locations, violation actions will accrue on a daily basis. Beginning beach fill to the furthest northerly limits will insure deposits and if stopped I 1 0 e Page 3 of Agenda Bill No. /3,3k/ I Staff is recommending, based on the results of previous off-shore studies, that the Council deny the appeal and uphold the City Engineers decision with regard to sand deposition quantities and locations. FISCAL IMPACT: None EXHIBITS : 1. Resolution No. q5 -3Cd denying the appeal from San Diego Gas and Electric Company and upholding the decision of the City Engineer relative to the 1995/96 dredging program in the outer basin of the Agua Hedionda Lagoon. 2. Letter to SDG&E dated September 6, 1995 from City Engineer, Lloyd Hubbs. 3. Letter from SDG&E dated ;o -d - 5'5 requesting an appeal of the City Engineers decision relative to Special Use Permit No. 92-04. * 1 2 3 4 5 RESOLUTION NO. 95 - 303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING THE APPEAL FROM SAN DIEGO GAS AND ELECTRIC COMPANY AND UPHOLDING THE DECISION OF THE CITY ENGINEER THE OUTER BASIN OF THE AGUA HEDIONDA LAGOON. RELATIVE TO THE 1995-96 DREDGING PROGRAM IN f 1 6 7 8 9 10 11 12 13 14 nk 15 om &E& ang ow2 iUC3 1555 rig$$ E:% 3WZ $E32 :;$? 5gro ps (I)> 16 17 18 19 20 21 22 23 24 aod - 0 25 26 27 28 0 0 WHEREAS, on February 3, 1993, the Planning Commission of the City of Carlsbad, acting as the Floodplain Administrator pursuant to Carlsbad Municipal Code Chapter 21.110, approved Special Use Permit SUP 92-04. The permit allowed San Diego Gas 6 Electric, Company (hereinafter I'SDG&Eq1) to dredge Aqua Hedionda Lagoon and place the dredged material on Carlsbad State Beach; and WHEREAS, condition No. 6 of SUP 92-04 states the ultimate disposal location of dredged materials shall be specifically approved by the City Engineer; and WHEREAS, on September 6, 1995, the City Engineer issuet the approval for SDGstE's 1995/96 dredging program subject to the condition that the first 150,000 cubic yards of dredged material be placed at the northerly limits of the permit area (Oak Street), and deposited in a southerly direction building a beach profile of 150 feet from the toe of the seawall; and WHEREAS, the City Engineer did on September 28, 1995 issued a Stop Work Order to SDG&E based on non-compliance with provisions of the municipal code and conditions of SUP 92-04; an WHEREAS, Carlsbad Municipal Code section 1.20.600 provides an appeal procedure for decisions of department heads, including the City Engineer, for which no specific appeals procedure otherwise exists; and I 4 5 6 7 8 9 10 11 12 om 13 y2 KKh a:og OW2 LO 04s 14 kq OOlL sa: 15 WyO $56 16 002 Eaw a02 ps 17 18 19 20 21 22 23 24 25 26 27 28 SU! >_rz >ma 0 I decision appealed from; and WHEREAS, the City Attorney has agreed to a waiver of the time limit to permit the Council to consider this matter; and WHEREAS, the City Council of the City of Carlsbad, California has considered said appeal at its public meeting on October 17, 1995, including the letters of SDG&E's counsel, Donald R. Worley dated October 2 and October 6, 1995, and the matters presented orally by counsel and the City Engineer and the public at said meeting, NOW, THEREFORE, BE IT RESOLVED by the City Council of the Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That SUP 92-04, including its Condition No. 6, are a lawful exercise of the City of Carlsbad's police power in carrying out the purpose and intent of federal flood control laws and Government Code sections 65302, 65560 and 65800. 3. That Condition No. 6 of SUP 92-04 has a reasonable nexus to the flood control purposes of the dredging of sand from the lagoon, in accordance with both state and federal law. 4. Carlsbad Municipal Code Chapter 21.110 properly applies to SDG&E's dredging activity in Agua Hedionda Lagoon despite unregulated dredging since 1954. constitute a lawful nonconforming use, but requires a permit from Said dredging does not 2 I '1 1 2 3 a 0 WHEREAS, SDG&E has filed an appeal of the condition of approval issued by the City Engineer on September 6, 1995, on October 2, 1995, more than ten days after the date of the i I 1 2 3 4 5 6 7 8 9 10 11 12 a> &Zcb 13 a08 ow2 LO 044 14 FJZ t5u oo? 15 ;si um~ z-r - "90 16 77 >"% go 18 19 20 21 22 23 24 25 26 27 28 LE E22 ao-r 0 0 the City's floodplain administrator pursuant to state and federal law, in the same manner as SDGtiE's dredging requires permission from the California Coastal Commission through a Coastal Development Permit, the California Department of Parks and Recreation through a Temporary Use Permit, the Army Corps of Engineers Permit, and a Regional Water Quality Control Board Permit. 5. The City's authority as a floodplain administrator pursuant to federal and state law coexists with, and is not preempted by, the power of the state legislature and the Public Utilities Commission over the operation of SDG&E and its facilities. 6. That the appeal of the decision of the City Engineer relative to the 1995/96 dredging program in the outer basin of the Agua Hedionda Lagoon is hereby denied and the decision of the City Engineer is upheld. 7. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" d "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. my petition or other paper seeking judicial review must be filed in the appropriate court not later than the 180th day following the date on which this decision becomes final; however, if within ten days 3 1 2 3 4 5 6 7 8 9 10 11 12 nul an8 Ow% SW? m> &m 13 :&E E:; gcs l7 :LL0 $055 14 3095 O 15 :>.ma .u%o JZ i!!!‘? 16 aoJ 0 18 19 20 21 22 23 24 25 26 27 28 after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” PASSED, APPROVED AND ADOPTED at a Regular Meeting of day the City Council of the City of Carlsbad on the of OCTOBER 1995, by the following vote, to wit: 17th AYES: Council Members Lewis, Nygaard, Finnila, Hall NOES: None ABSENT: Council Memb CLAUDE A. LEWIS, Mayor ATTEST: fi%.1 ;UT 4 L 0 Exhibit 2 September 6, 1995 Mr. Bill Dyson Construction Project Administrator SAN DIEGO GAS & ELECTRIC 4600 Carisbad Boulevard Carlsbad Ca 92008 1995/96 DREDGING PROGRAM FOR THE AGUA HEDIONDA LAGOON Dear Mr. Dyson; Pursuant to the requirements of Special Use Permit 92-04 and based upon discussions with the Carisbad Beach Erosion Committee, the following is your approved 1995196 dredging program for the outer basin of the Agua Hedionda Lagoon: b Upon commencement of SDG&E's dredging program, place the first 150,000 cubic yards of dredge material beginning at the northerly limits of the permit area (Oak Street) and deposit the material in a southeriy direction building a beach profile of 150 feet from the toe of the seawall. Deposit the next 200,000 cubic yards of dredge material between the inlet and outlet jetties of the Agua Hedionda Lagoon western basin. Place the remaining material (approximately 50,000 cubic yards) south of the outlet jetty. b .- .- - .- e ._. w Failure to compiy with the above program will constitute a violation of your Special Use Permit and SDG&E would be subject to the provision of the Municipal Code. If you have any questions, please contact me at 438-1161 extension 4391. City Engineer C: Beach Erosion Committee City Manager City Attorney Community Deveiopment Director Associate Engineer Jam Coastal Commission Army Corps of Engineers - - - - 1 I e a WORLEY, SCHWARTZ, GARFIELD & RICE A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1150 FIRST INTERSTATE PLAZA DONALD R. WORLEY' WILLIAM J. SCHWARTZ, JR 401 "B" STREET TIMOTHY K. GARFIELD ROEERT C. RICE SAN DIEGO, CALIFORNIA 92101-4245 JENNIFER TREESE WILSON TELEPHONE: (61s) 239-0815 *A PROFESSIONAL CORPORATION TELEFAX. (619) 239-6654 - FILE NO. October 6, 1995 VIA FACSIMILE NO. 434-1987 Ms. Aletha (Lee) Rauthenkranz City Clerk city sf Ca-arlsl=lad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Appeal of City Engineer's Decision of September 6, 1995 Dear Ms. Rauthenkranz: We represent San Diego Gas & Electric Co. (IISDG&EII). On behalf of SDG&E, and pursuant to Carlsbad Municipal Code section 1.20.60, we hereby appeal to the City Council the conditions ("the Approval Conditionsvf) attached to the City Engineer's approval of SDG&E's 1995196 dredging program for the Outer Basin of the Agua Hedionda Lagoon, dated September 6, 1995. Notwithstanding the 10-day time limit set forth in section 1.20,600, the City Attorney has agreed to a waiver of the time limit to permit the Council to consider this matter. letter dated October 2, 1995 to Mr. Ron Ball, Carlsbad City Attorney, which letter is incorporated herein by this reference. We base this appeal on all of the reasons set forth in our Pending a judicial resolution of the controversy between Carlsbad and SDG&E, our client proposes to proceed with the dredging program in accordance with modified order of placement, as set forth in our October 2, 1995 letter to Mr. Ball. Specifically, our client proposes, and asks the Council to accept, the following: (i> SDG&E shall file and pursue with all deliberate speed an action to determine the jurisdiction of City over the dredging and deposit activity and the legality of the Approval Conditions; c 1 e 0 APetha Rauthenkranz City Clerk, Carlsbad October 6, 1995 Page 2 (ii) SDG&E shall immediately commence the dredging of the Lagoon, and shall deposit 200,000 cubic yards of dredged material between the inlet and outlet jetties of the Lagoon's Western Basin, and deposit 75,000 cubic yards south of the outlet jetty: (iii> If the court determines that the Approval Conditions are valid and enforceable, SDG&E shall, wl~Lifi %he 193Sj35 dredging cycie, deposit 150,000 cubic yards of material beginning at the northerly limits of the permit area (Oak Street) and deposit the material in a southerly direction building a beach profile of 150 feet from the top of the seawall; SDG&E intends to dredge a total of 425,000 cubic yards of material in this dredging cycle, while its permits from other jurisdictions allow up to 500,000 cubic yards. That leaves 150,000 cubic yards to be deposited to the north of the inlet jetty should a court rule that must be done. .,--I -%-. (iv) We request that this matter be docketed for City Council hearing at the earliest possible date. tions with youl it is our hope and expectation that this matter can be taken up by the Council on Tuesday, October 17, 1995. Based on our conversa- Thank you for your continuing courtesy and cooperations. Your very tru y, qdo& Donald . Worl DRW: sc Enc a cc: Ronald R. Ball, City Attorney Lloyd B. Hubbs, City Engineer James Dodson, Esq. Mark Chomyn SDG&E.Car\Clerk.ltr * L. p ' i 1 2 k&fi 9 0 0 '?47/$- Donald R Wodv, Esq. (SB W8892) WORLm, SCHWAEZZ, GARFIELD & RfcE 401 3'' Street, Suite 1150 4 S 6 ~tfor~leysfirplaintiff SAN DIEGO GAS 6 ELECTRIC COMPANY 8 9 lo l1 32 BEFORE TEE CITY COUNCXL OF THE CITY OF CWSBAD In the Matter of the Appeal OE ) DECLARATION OF SCOTT A. SAN DIEGO GAS & ELECTRIC 1 SDG&E APPEAL 1 1 JENKINS IN SUPPORT OF COMPANY, 1 l3 14 ) Hearing Date: October 17, 1995 Concerning a Decision of the ] Place: Carlsbad City Carlsbad City Engineer. 1 Council Chambers 1 17 18 from Scripps Institution of Oceanography and am a Senior Engineer and lecturer at the Scripps Institution of oceanography, 15 16 19 20 22 22 23 24 25 26 27 28 I, SCOTT A. JENKZNS, declayet 1. I have a Doctor of Philosophy degree in oceanography University of California, San Dfego, California. page summary of my curriculum vitae is attached hereto. A brief, one- 2. I have served for several years as a private consultant: to the SAN DIEGO GAS & ELECTRIC COMPANY ("SDG&Et1) concerning the Awa Hedionda Lagoon ("the Lagoon"). performed six hydraulic and sand transport studies of the Lagoon and its relationship to the beaches in proximity to the Encina Power Plant ("the Plant'*) of SDGCE in carlsbad. familiar with the geology, hydrology and hydraulics of the Lagoon and with current studies, scientific literature, and other data since 1979, I have I am thoroughly - -'io'. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 0 0 , concerning the effect of tides and sand transport in and out of the Lagoon. 3, The following are the opinions I ha-= formed, based on my knowledge and experience. 4. The beaches in proximity to the Plant are part of the Oceanside Littoral Cell, which extends from Dana Point in Orange County to Point La solla in La Jolla. Oceanside Littoral Cell and its relationship to the surrounding geography are illustrated in Exhibit *V-l", attached hereto and incorporated herein by this reference. The extent of the 5. The shoreline of the Oceanside Littoral Cell in the neighborhood of the Lagoon faces southwest at an angle of about 242'. significant waves hitting the coast in the Oceanside Littoral Cell have an angle tu the north of 242'. Over the long term, or during a typical year, most of the Because most signifi- 15 16 17 18 19 20 21 cant waves originate from storms approaching from the Gulf of Alaska 01: Central North Pacific, and because the Sari Clemente Islands block the approach of waves from the southwest, virtually all of the waves hit the beaches in the Oceanside Littoral Cell from a westerly or northwesterly direction (north of 242') and produce a southward flaw of energy tending to move the sand in a 22 23 24 25 26 southward direction along the coast. year of the last dredge disposal project are shown on the exhibit entitled "Wave Angle Probability Density Function," which is Exhibit "J-2", attached hereto and incorporated herein by this reference. The wave angles from the 27 6, Also contributing to the north-to-south movement of 28 sand along the coast are the prevailing average tidal currents - -2- -'< r, 0 0 1 i 2 3 which flow in a southward direction, as illustrated on Exhibit rvJ-311, attached hereto and incorporated herein by this reference. 7. As the waves break on the beaches, they expend much of 5 6 transporting beach sand. in question have a southward component of wave energy propaga- Since the prevailing wave5 at the site 7 8 9 10 11 12 13 14 15 16 17 tion, they excite southward flowing longshore currents in the surf zone which transport sand toward the south, in an action known as *'Littoral Drift. *' 8. Reversals in the prevailing north-to-south Littoral Drift of sand are rare and occur in isolated episodes, usually related tu unusual summer storm activity in the southern hemisphere, or off the coast of southern Mexico. 9. In a recent meeting of the Beach Erosion Committee of the CITY OF CARLSBAD ( IrCARLSBADtt) the Conunittee * s expert, Dr. Chule Sonu, presented an exhibit of one of such rare episodes, which occurred during the atypical period of 1969-1970. ' 18 19 20 21 22 That exhibit, entitled "Longshore Currents - Carlsbad State Beach," is included as attached hereto as Exhibit tlJ-411, and incorporated herein by this reference. primarily on data gathered through observations of lifeguards on the beach and shows a reversal in the prevailing north-to-south I I I That exhibit is based 23 24 longshore surf zone current which occurred in the summer months. That was a statistically rare episodic reversal which was con- 25' tributed to by Mexican hurricanes and southern hemisphere storms 26 during the summers of 1969 and 1970. Because such reversals axe 27 28 most CO~CI~ in summers when Least Tern nesting precludes f!/ - -3- 1 LL< x. i 2 3 4 5 6 7 8 9 10 11 a e dredging, these episodes cannot be exploited to prevent dredge disposal to the north of the Lagoon from re-entering the Lagoon. 10. The predominant natural sources of beach sand are the Virtually 2111 of those rivers have rivers of San Diego County. now been dammed, and are not significant sources Of sand for the beaches within the oceanside Littoral Cell. The Santa Margarita River is the Only remaining unobstructed source of river-derived sand for the Oceanside Littoral Cell. \ 11. The sand from the Santa Margarita River tends to get impounded at Oceanside Harbor because of a diffraction in the wave field which, in turn, is caused by the Harbor jetties. The 12 13 14 35 disruption of Littoral Drift by the action of that diffraction is the primary cause of erosion on the northernmost beaches of CARLSBAD. This is illustrated in Exhibit 1t5-51), attached hereto and incorporated herein by this reference. 12. The average annual net southward movement of sand due 16 1 17 18 19 2o 21 22 23 24 25 26 to Littoral Drift along the Oceanside Littoral Cell is approximately 260,000 cubic yards. This number has been con- firmed by numerous studies and investigations, which in turn are based originally on measurements at the end of the Cell, which is the entry of the Scripps Submarine Canyon shown on Exhibit 'V-ltV as "La Jolla Canyon." average of data taken by scientists over a period of 20 to 30 years. The fact that these measurements were taken after can- struction of the inland dams is important because the Littoral Drift rates are sand supply limited. The annual movement figure is based on the 1 There is more wave energy 1 27 28 to remove sand as Littoral Drift than the dammed rivers can replace, and hence the beaches of the Oceanside Littoral Cell -4 - L i'X '1 2 3 4 5 6 e 0 , erode. The movement figure has been reconfirmed by other methods in addition to measurement at Scripps Submarine Canyon, including measurements at Oceanside Harbor, the Lagoon, sand tracer monitoring st Torrey Pines, and computer models of wave energy and sand transport a 13. The beaches in the Oceanside Littoral Cell have been running a deficit of sand since 1930, meaning that natural and 7 8 9 ro 11 12 other sources of sand replenishment have not kept up with erosion losses due to Littoral Drift over time. since 1930 is approximately 24 million cubic yards of sand. The cumulative deficit 14. Because the only natural source of sand to replenish beaches from Oceanside to the south is the Santa Margarita River, 13 14 which is to the north of Oceanside, the beaches north of the Lagoon tend to retain more of the limited new sand from runoff 15 than the beaches to the south of the Lagoon. Therefore, from a 3.6 17 18 regional perspective, the most critical need for sand is on the southern beaches, from south CARLSBAD to Cardiff and beyond. 15. I have been informed by SDG&E that a recent approval of 19 20 21 22 the City Engineer of CARLSBAD requires that SDG&E take 150,000 cubic yards of dredged material from its 1995/96 dredging program and deposit it on beaches to the north of the intake jetty. CARLSBAD generally experiences severe erosion of sand in the 23 24 25 26 Wihter, but that situation is relieved in the summer. Beaches to the south of CARLSBAD experience the same severe erosion in winter, but they have not recovered in recent summers to the extent that the north CARLSBAD beaches have. This fact was 27 28 acknowledged in the most recent Coastal commission staff report given on September 14, 1995- In MY opinion, putting sand on -5- . *,'( i 2 3 4 5 6 7 8 9! 10 11 12 l3 14 15 16 0 e , north CWSBAD beaches that are already relatively advantaged will deprive beaches to the south which have much greater need for the sand, and would have otherwise received this sand without such intervention. 16. The susceptibility of CARLSBAt, and nearby beaches to erosion from storms is illustrated on Exhibit 'tJ-6", entitled "Extreme Event Longshore Transport Rate, West Window," attached hereto and incorporated herein by this reference, The higher the total. longshore transport rate, the greater the susceptibility of a beach to erosion from severe storms. that rate from a location which is Cardiff at the left of the chart to a point which is approximately the northern extent of the CITY OF CARLSBAD to the right of the chart. As one can see from examining that exhibit, the total longshore transport rate is relatively low for the beaches in CARLSBAD to the north of the mouth of the Lagoon, particularly as compared to the beaches to The exhibit illustrates 17 18 19 20 21 22 the south of the Lagoon and to the south of CARLSBAD Canyon. This is a further illustration that the beaches to the north of the Lagoon's intake jetty are relatively advantaged in terms of their susceptibility of erosion from severe storms, especially compared to most beaches to the south. # 17. Over the years, the Lagoon has gotten smaller and more 23 1 24 shallow. The primary reason for this is that the Lagoon has , filled with approximately 500,000 cubic yards of soil eroded from 25 26 27 28, nearby uplands. Znterstate 5, the constant and unrelenting buildup of sandbars and mud flats in the Lagoon. /// One can observe, while passing by the Lagoon on The sandbars and mud flats are 5 ',L. i 2 0 0 illustrated on Exhibit "5-7", attached hereto and incorporated herein by this reference. 18. The "Tidal Prism" of the Lagoon is the total volume of 3 4 5 6 water that goes in and out in a tide cycle- cycles per day, human being. There arc two tide It is somewhat analogous to lung capacity in a The ability of a human being to flush carbon 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 built by SDGdrE in 1954. averages only 33-34 million cubic feet of water. This is illus- trated on Exhibit ttJ-81*, attached hereto and incorporated herein by this reference. Consequently, there has been an approximately 38% loss in the Tidal Prism of the Lagoon. In turn, there is much less water available on an ebbing tide to flush sand out of the Lagoon's ocean inlet. The Tidal Prism of the Lagoon now 20, Sand which is suspended in the surf zone comes into the Lagoon during a rising (flood} tide. That entry of sand is augmented by the t7sucking1r action of the pumps of the Plant. Lagoon was constructed as a source of cooling water for the Plant, and it is constantly being used for that purpose. typical day with average user demand for electricity and an average tidal range, a volume of water equivalent to the Tidal Prism is pumped through the Plant and then discharged back into the ocean, not the Lagoon. The For a 1 -7- - ('1 0 0 I 21. Because of the constant and unrelentfng reduction of I 2 3 4 5 the Tidal Prism over the last 40 years, due to the buildup from topsoil deposited in the Lagoon by rain runoff, and subsequently the buildup of sand from the ocean inlet due to diminished tidal flushing, there is now an increased risk that the Lagoon will 7 8 9 10 II 12 13 14 22. 1; have done a study of the risk of closure during the year of the last dredging project. Under current conditions, . there is a risk of closure as high as 28% during as many as 80 days in a given two-year dredge cycle. periodically dredged from the Lagoon and measures taken to prevent the sand from returning to the Lagoon, then the risk of closure increases. bi-annual dredging cycle are illustrated on Exhibits rfJ-9ff and Unless sand is Charts of the closure probabilities during a 15 "J-lO1*, attached hereto and incorporated herein by this 17 18 lg 20 21 23. The risk. of closure has increased in recent years because the Lagoon has deteriorated over its lifetime from sedimentation. 24. The risk of closure, which now stands at approximately , 28% during approximately 80 days per bi-annual dredging cycle, 22 23 24 25 accumulates at the rate of approximately 9% per year. 25, Approximately five years from now, closure will be more probable than nonclosure, even with normal dredging. 26- The risk of Lagoon closure is at the highest during I 26 high Plant usage (which in turn occurs during maximum air 27 28 conditioning use in the summer and maximurn heater use in the winter), neap tides (the tide of the lowest variation €ram high -I - ,IC I 'I 2 3 4 5 6 7 8 9 e 0 to low tide), and large waves. factors would produce a very high likelihood of closure. A combination Of those three risk 27. The Lagoon is already subject to the stresses cited above and it cannot tolerate additional stress. If SDGCE is required to place 150,000 cubic yards of sand-to the north of the intake jetty, then it is my opinion that a substantial amount of that sand will return to the Lagoon within the dredging cycle, and will, in turn, increase the probability of closure of the Lagoon, which is already a serious risk at this time. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 28. The sand impoundment in the West Basin is approximately 170,000 cubic yards per year as compared to 250,000 cubic yards of suspended sand that passes from north to south to the southernmost end of the Oceanside Littoral Cell each year. other words, the Lagoon ingests a volume of sand each year equivalent to approximately 65% of the Littoral Drift sand moving from north to south across and in front of the mouth of the Lagoon as a result of the combination of tidal action and the pumping action of the cooling system of the Plant, In 29. As a consequence of these factors, it is my opinion that an average of at least 65% of the sand which is dredged from the Lagoon, and which is deposited immediately to the north of the jetty, Will return to the Lagoon within one dredging cycle. 30. In the last dredging cycle, in 1993/94, SDG&E removed approximately 160,000 cubic yards of sand from the Lagoon. It 25 26 27 28 deposited 85,000 Cubic yards immediately to the north of the intake jetty. Within four months of the commencement of the dredging operation, the net decrease of sand within the Lagoon Was only 40,000 Cubic yards, which means that, during that very - -9 - ~ ',' w i 2 3 0 0 short period of four months, approximately 120,000 cubic yard5 of sand entered the Lagoon. This local increase in sand supply immediately updrift of the Lagoon dramatically increased the Littoral Drift past the Lagoon inlet, and hence increased sand 17 18 19 20 21 22 23 24 25 26 27 28 be an absolute disaster to the ecology of the Lagoon. 32. While it is true that the further to the north the sand is deposited, the less the recapture rate will be, any sand deposited to the north on beaches in CARx.lSBAD will be captured at a non-negligible rate. present influx rate of 170,000 cubic yards per year; and the artificial placement of 150,000 cubic yards anywhere on the north CJbRLSBAD beaches will surely exacerbate that problem to a significant degree. I I The Lagoon is already in jeopardy at the 33. For all of the foregoing reasons, it is my opinion that SDGSrE should not be required to place any sand to the north of /// - -10- ~ *,* . 01 2 3 4 5 0 0 the intake jetty of the Lagoon, because to do SO will sub- stantially increase the risk of closure of the Lagoon, with all of its attendant adverse consequences to the Plant and the ecology of the Lagoon, and because, from a regional perspective, the sand is needed much more on the beaches to the south of the 61 7 8 9 10 3.1 12 13 14 15 16 Lagoon. I declare under penalty of perjury that the foregoing is true and correct, Executed this 17th day of October, 1995, at , California. A /&4?/+ 18 19 20 21 22 23 1 26 27 28 c SbObEC%rUmkim.&c -11- 0 0 f a,' z , SCOYI' A. JEKrj?XNS EDUUT-ION PN3, Fhysical OceanclRrapky, scdpps Insihtion of OceanoRra]?hy, 1980 E, ch&iry/rnysiCs, Yde Univesiiy, 19x2 PROFESSIONAL SUMMARY Research oceanographer, research engimer, and lecturer at Spps Inst;tutim of Oceanography. A re~earcher in nearshoE physical ozmnog.paphy and coastal weering with Pxppziencp in hfh field meas-&/ experimental design, 4 theoretical rnd&g. Dr. Jenkins has worked on a broad -e of problems in rttxdai prnrmws, inrlriding Pctriarine and littoral sediment bnsport, kach and shoreline erosion, wave/stxuchrre htmcfim, hydrodynamic and hydraulic modeling of ehxin'ne and harbor circulai4.o.n. plluthn disperdon madeling, and developma-d of sd.mentation conirol techniques. He has also taught pduate level courses m Coashl Pr- and the Physh af sedicmcnk Transport. EXEGRJXNCE &pps Institution of &canog-nphy, La ]oh, Cmornia (1966 hmt)- a. Jenkh has been high school and college. While a pduah 3tudmt at -3, he wa 8 SEA GRANT ram, and later became an Andrew Mcllon Post Doctoral Research Fellow. He was appointed to the Reseand.l Series in 1983 and kame P~incipdl Investigator for LL sequence of field fik~hscUt3nuII1 propms for ONR and NAVFAC, invertifping sedhentafion and drculation in strategic US. Ndvy Irarhr.s aid waterways. He developed a ILUUL~W uf iiuvel dpproaches for conaoIling Sedimenhtion which have earned three United States patents wjth a foutth pending, the 1985 hvaitur of ihe Year Award from the Patent Law Assodanion, and the 1988 B2st Spx3a.l Projects Award from the American Cod of Consulting lkgin- for the design of the !E3 million Grays Harbor Jet Amy System Zn L985, DL Jenkins developed the first dm&4jm&onal wave streamrig fheory vahd for the interior wave field, and exzended the methodology to problems of tidal hy&rauIin modeling in 198% In 1Y=, he developed a sewage dispersxon modd for the State of Cmomia Water Resources Control Board. In 1989, he developed the theory of the Bragg Scatteriag Seawall and was co-designer of a successhl prototype built in 1990- He extended these wavejstruchm interaction concepts to ec5a.l reef design m 1991, using a unique a tetxahledron sand bag structural element Dr. Jenkins also developed the first, general, spe&t&ly theoxy in 1990 for glide optimization in a moving mean or atmosphere. He has developed tactical upgrades to consulting sewices in coastal processes and coastal mgineaing to numerous industrial clients. Dr. Jenkins has also given expert testimony in state and federal courts in regards to NEPA c~ and Clan Water Act cases. He is the Enviranmentd Director of the Suxfrider Foundation and the fwnder of The Blue Water Task Foxe SE- CLEARANCE emprbpd at Scnpps since age 16, beginning with summer jobs as a laborahy a&iant tkubugh Wdebe hydrographic reconnaissance for special Warfare Group I and has provided secret ?=95% 619 546 6587 10-13-95 01:16PM PO02 #28 TORREY PWESCELC , . .. ._ -, . EXHIBIT "J-1". ...? : . > , . r :.;. ...;-:.. :. . f .... * .C....' . , :. ..I' , . ;-t?.,: :c.. .* * . .- . . .. .. . . *. ..#. . I.... . . . . .+:.-. ... .. .. * : 0 e - I** t -. .b' '53 z -4 0 2 z F 0 2 0, 0 3 2 u* 8 $2 E 0 X .w 0 (rl m Ei 0 d e rc) CJ 3 .I Crl I E52 rF M cQ) *= -5 gz E5 E3 *3 s 03 g&i 3 =g A* 85 gg .I e 9 sg %4 E< a& 8; 9- g I$ Eg % 69 z 5 0 h r 00 0 aE 0 En 3? cl wt u- U br( OIC I) .- CDP u x .- 5z bz s 4 c? 'S ui m gz .m % CJ 5 .. 2 E COhCOW*i+,curo ( 8 ) AJJXW8Olid k EXHIBIT "5-2" - , I 0 0 . I. ' * Progressive Vector Plot of Tidal Currents, 1O:OO Jan 23,1993 ... ... 33.30- . . - \\,.. \x\\.. \\x... x\\,... \-\ \ \ 5 , . \x\\ x.. . \\\\x.. . X\\\\\.... \\X\\\.... 0) a 1 \\\\\\\\.& c, .cr \\\\\\\8%*. .C -\\\\\\\8\\,- 2 \\\X\\\\\\..* \X\\\\\\\\.... \\\\\\\\\\\\** 33-2O-\\\\\\\\\ \ \ .. . . . \411\4\\\\'\\.%. \\\\\\-x\\\\\\ \ \. - \x\\\\\\\\\\\\.-- \\\\\\\\\\\\\--.* * \\\\\\\\\\\\\\\5\.. \\\\\\\\\\\\\\\\8.* ,~~~~\~~~\~~\~\\~x.~.. I I 117.50 117.40 i Longitude -+- = 59.82 EXHIBIT " 5-3" I I% I c 1 o e- z 0 4 W o^ E 5 U w 0 Y k 0 X U A UJ e -3 u a -3 3 3 UP z" - 22 w 00 E 00 e zm om C K UICC rnm tLI ad ua 5 8 p r= ++ u3 v) or- Q, eo >.- m# $GO SEJ Egs Ic..ll) 34s 'YG CINfl08UUON BN~O~HL~OS Ea us0 ow BZ EXHIBIT " 5-4" $+!! 4 ....... ......... .... .. ......................... .... ... .... --. -. ,. '( y .. Q'. ..q + ( 4?3 .... ..... ... . . _._- . .. .- . I ... ... 1 .. .. ... .. cfiLs 3 f fi? 0 0 mi +I / E. F= 0 F4 El ( =s/p 1 1 -3,LV"tz: L80dSN)Sr;TL 38OHSf)NOT 'IVLOL in EXHIBLT "J-6" - e 0 - <?: I w E 0 .I 3 f 0) U 0 d 0 LI n c- n 2 0 0 z 3 E fl %r 8 0 e: L 0 Wn +% b- ktj W A' -ij E C 1 cr ss 3 v) .CI 5 z 3 Si 83; Eg *b 02 EN h zg Y $ a z s?g k 5 g € E E ern m- 2 PC or %j r: pJ 9 V = .I v) k d ." e U d 2 E n P r: 23 c. 0 W L 0 6 v) -4. m (u T 5 ( % 1 mxw€roxd iz EXHZBIT "5-8" - Q ;fl v1 Fi +n 0 F: -I4 -4 0 m% (do *la Oa C3=R f+a wP= P:n 3J m4 0 $. - aE --q Ll Oi;i da 4 m -4 z 2 92 uZ ZE $4 E4 01 oa: 00 E-lL v2 2 D lo --- g OJ u 0 __ 4 6 m E -- 0 0- - - 0 I I I I 1 1 I 1 1 1- 0 @ e -- .L t- I\ & r v1z "> r=: v-4 e ab 8 h Du -0 Ir 0 #x 043tO-$j.cNOWdcNO cv~tl~t--(.-J00000 dooooododoo Normau Noru-musrcz xmr8vm;Yd zmsom . EXHIBIT "J-10" - SER-&95 THU 16: 46 C WF CARLSBAD COMM DE FAX NO, 43- P, 02 September 28, 1995 FOR THE !NFCSh<AT!OpJ OF 21 THE CITY COUNClu Mr, Mike Loper DATE ASST TO ?'HE CITY MAN.AGER e- Clq Afimfly Encina Power Plant Manager SAN DIEGO GAS & ELECTRIC COMPANY 4600 Carlsbad Boulevard Carlsbad Ca 92008 SPECiAl USE PERMIT NO. 92-04 Dear Mr. Akin: ihis letter shall serve as official notice that San Diego Gas and Electric Company's current dredging operation in the outer basin of the Agua Hedionda Lagoon is in vlolation of the provisions of Special Use Permit {SUP) No. 92-04. Faijure to comply with the conditions of approval of SUP 92-04 is subject to enforcement actions established in Sections 1.08.01 0 and 21.1 IO of the Carlsbad Municipal Code. Chapter 21 .I 10 was 'adopted pursuant to the legislative author@ set forth in Government Code Sections 65302, S560 and S800 which conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, SDG&E must cease with current dredging operations until compliance is achieved. In 1992, SDG&E applied to the City of Carisbad for a Special Use Permit pursuant to the Ffood Plain Management Ordinance, Section 21 .I 7 0 of the Carlsbad Municipal Code. On February 3, 1993, the Cartsbad Planning Commission approved Special Use Permit (SUP) No. 92-04, pursuant to Section 21.1 10.140, relative to the maintenance dredging of the outer basin of the Agua Hedionda Lagoon by SDG8E. The SUP was approved by Planning Commission Resolution No. 3490 and subject lo the compliance with the me Gity shall reserve the authority to review and approve the timing of the dredging operation consistent with the time limits outlined in other permits. The City's review and approval shall not be unreasonably withheld The appiicant shall secure approval from the City Engineer prior to any proposed yearly dredging operation. The applicant shall apply for approvai at least three (3) months prior to the requested dredging activity. No dredging activity may take place unless specific approval is granted. foilowing conditions: 4, 5. 2075 La$ Palmas Dr. Garisbad, CA 92009-1 576 (61 9) 438-11 61 - FAX (61 9) 438-0894 @ -* ~~~1-28~95 THU 16: 47 CWF CARLSBAD COMM DE FAX Nom 43- P, 03 I 6, UDon receiDt of the request far approval of a yearly drsdoing operation, City staff shall refer the request to the Beach Erosion Committee (BECI for consideration. The BEC shall evaluate the request and provide a recornrnendaion on appropriate location(s) for the deposition of dredged sand. The determination of sand deposition areas shall be analyzed with regard to the state of the beach and the analysis area begin at the northerly City limit and extends a similar distance south of the outlet jetty. me applicant shall maintain a dredging operation capable of depositing sand on the beach for a distance of one mile from the mouth of the lagoon and consistent to the approved work limits of the applicant's other agency permits. Where the need for sand, as determined by the deposition analysis and the recommendation of the BEG or the City, exceeds the limits of the applicant's other agency permits the applicant and the City shall meet to assess the regutalory and financial impacts of the additional disposal work proposed outside those limits. The ultimate disposal location shall be specifically approved by the City Engineer. During the public hearing at the February 3rd Planning Commission meeting, SDGSE did not object to the conditions placed in the SUP. In addition, pursuant to Section 21.110.240, SDG&E did not exercise their right to appeal the provisions of the SUP. Therefore, SDG&E is bound by the conditions of approvd as outlined in the SUP and +has entered into a contractual agreement with the City to allow for future dredging activities. It is also noted that SDG&E complied with the conditions of the SUP prior to the commencement of their 1993/94 dredging program. On September 6, 1995 the City Engineer issued a letter outlining the provision of the 1995/96 dredging program for the outer basin of the Agua Hedionda lagoon (attached). The sand deposition locations established by the City were based on previous offshore studies compl&ed along the Carlsbad coastline. These reports and studies have indicated that there is a northerly shift: in offshore currents during a portion of the year which would reduce the potmtial of sand influx into the lagoon, In addition, material placed between tbe jetties would naturally enter the lagoon mouth during this northerly shift in currents. Another study evaluated the sand migration in the northern portion of the Oceanside Littoral Cell which indicated that there is a northern drift of sand material in the nearshore zone amounting to approximately one third of the total gross transport of material in the cell. It is for these reasons that the Beach Erosion Committee and the City Engineer has directed ttraf at least one third of the total dredged material be place along the northerly limits of the approved disposal area. On Thursday, September 28, 1995, SDG&E was observed by City staff as disposing of dredged material south of the outlet jetty, at an unapproved location at this stage of the dredging. nmd for sand nourishment in certain areas. The limits af the sand deposition a SEP-28+-95 THU 16: 48 CmF CARLSBAD COI'lfl DE FAX NO, 43- PI 04 Failure to comply with the conditions established in the SUP constitute a violation of the Municipal Code and is subject to the provisions of Sections 1.08 and 21.110.080. In addition, if the violation is not rectified and SDG&E continuzs to dredge in non- compliance with the approved disposal locations, violation actions will accrue on a daily basis. Enforcement actions will be pursued against individuals and the Corporation to the full extension of the law. YOU are hereby ordered to cease and desist in operations not in compliance with the attached September 6,1995 direction. If you have any questions, please contat me at 438-1 161 extension 4391. ?!!&e City Engineer C: City Manager City Attorney Community Development Director Beach Erosion Committee Associate Engineer Jantz Mr- Paul O'Neal - SDG&E Mr. Mark Chomyn - SDG&E . .- Mr. Gerry Akin - SDG&E Mr. Bill Dyson - SDG8.E Mr. Ed Giles - SDG&E * CITY OF CARLSBAD 1200 CARLSBAL JILLAGE DRIVE CARLSBAD, tALlFORNlA 92008 434-2867 @ hnted on “cycled paper CASH REGISTER ._ . __ I .a I I 0 . *-.m*(Icd-c-'*.. ""Crrrrr.-. ~ ,*I) i WORLEY, SCHWARTZ, GA FIELD br RICE fiTTQRNEyS AT $lw lis0 FtRdT INTERSTAT& PLCIA A p4RVNERSHIP IpzC,VQ'NQ 4 PROPLa I IONAL COR?Of?ATlON OQNALO R. wOP~LF.~' WILLIAW J. SSkWAfWZ Jmr TIMOTHY N. dARFlEL3 SA& PjEoO, GALIFORNIA illO=E JCNNIPEH TRPLSC WlbSON 401 "B" STREd TELLPHONE: (619) ,-e___ 33 -01318 aS=,-Q&?s d Lp/ FIOELIRT e. wee 'A cmcm5lah*c CeRMILlW+ TLECAX. wei e3w.ue 4 I - PILE NO I I TELECIOPY --+ COVER LETT TQ: dh4~; f2w~heuifk~AJ~ ~ FAX #: 93d/-/pg-)Q DATE; /d4y&-$i?$- FI'KCJPI: $odua spa &?&flLe! 1 FAX #: 239-6854 NUMBER OF PAGES, INCLUDING COVER $HE Tr 3 RE: I$_kcrA de 0;o u kj*d I I I e I I I I I I I SPECIAL TMS2RWCTXO~S/~ESSRGE: c I prahlwns with this transmigsion, plc: se cdll ol;r offices at 619- 239-0815. I€ you do not receive all pages4 or if there are any 4 I 1 To Remain in this office STATUS OF ORIGINAL: x To follow by 1st Class Mail _.. To fellew by Fcdcral Y~~s~L-~ss -----a"'- -....."------*-- The information contained in t confidential aard intended sol or entity named 3bovs. yau arc hereby notiffed that any rcad'ng, dimemination, prohibited, please innmediately notirEy UEI by tdep one and return the original communkcatLan to uo aL the a dress printed above via the Unitad Stakes Mail. casks. Thank you. , n is privileged, of the individual the intended recipient, xf you have received thig communication in errorY We will rei&urse you for the mailing If you arc no distribution or copying of this eomuyicatisn ! is strictly % i i ,v ,., -I 11; I/# rl':l'/ 111, ( I rT I 0 1 WORLEY, SCHWARTZ, G RFlELD St RICE A PIR-NCPShlP IWCLUQINO A CRVCC BlURAL LVUHUKAllUN APCQANtYS AT 1 LAW i t160 FIRST INTEQSTA P II AYA Qa-um R W~RLEY' a01 "I" JTRE T 5AN D'eGO, CALlFOANl 9PIOI-48$6 YLLEPHONE;: ts4-a) 2 9-0815 _u WILLIALI i SCUWAe,TZ 1- TIMOTHY 6. bYRFlELO ROEERT C RICE JENNIFER MCITQL WlLaON *A nsarcaaleNN COXPCLFI*+UN TELPFAX (Slctl 2.38- 804 j C f t -16 Oatobor 6, 2335 I I I I VIR FAPSIMILP NO. 434-1987 I I Ms+ APetha (Lee) Rauthenkranz city clerk City of Carlehd 1200 carlsbad trillage Drive Carlsbad, CA 92008 i I Rcr Appeal of city Eriyirtee '6 Decision or September 6, 19% b I Dear Ms. Rwthenkranz: We represent Sari Diego Gas & Ele tric Ca. ("SDG&E"). on behalf Qf SDGbrE, axid pursuant to Carl bad Eunicipal Code sactian ( %he Approva L Conditions'* 1 attached o the city Engineer's approval of SUG&E's 1995f96 dredging rogram for the Outer Basin Notwithstanding the 10-day time init set: forth in section 1.20,600, the City Attorney has agree to a waiver of the time We bdse this appeal. on all of th reasons Get forth in our letter dated October 2, 1995 to Mr. R n Ball, Carlsbad city AttUC-nejyr wnlch letter is incorporate herein by this reference. Periding a judicial resolution of d 'the cont- I ovuearsy between Carlsbad and SDG&E, our client proposds to praceed with the dredging Program in accordance with m dified ayder of elacmsnt, ad set forth iur our OctGber zp 1995 1 tter to J@. Ball: specifically, our client prcposes, an asks the Council to accept, the following: (is 1.20460, we hereby appeal to the city'council 1 01 the: Aqua Hedkm3u LagQon, dated September k limit tu permit the council to considTr li this matter. the conditions 6, 1995. i SDGfE shall file and pursue wikh all deliberatc speed an action to detqrmine the jurisdiction uf City over the dredging and deposit activity and the legality of the Apdroval Conditions; I I I i I 1 m e j I L iY * I I i Aletha Rauthenkranz City Clerk, Carlsbad Page 2 October 6, 1995 I I (j;) SDG&E shall immadiakcl,y i QCXSW~C~C~ the dredying wl: the Lagoon, and shall [deposit 200,0300 cubic yards of dradgud material bg'tween the inlet and UUtlt3t jetties Of the Laq~dn~l~ Nestern Basin, and deposit 75,000 cubiu yards sodth of the outlet jetty; If the court deternin s that the Apyruverl Conditions are valid nd enforceable, $DG&E shall, within the 1995/96 dr iryirlg cycle, deposit 153,000 cubic yards of materi 1 beginning at the northerly limits of the perknit area (Oak street) zlnd deposit the nraterial in a sou erly direction building a beach pxofile uf 150 i f et from the top of the I I seawall; SRGgtE intends to dredg' a total of 425,000 cubic yards of materiaL in t is dredging cycle, while its permits from other! jurisdictions allow up to 500,000 cubic yards, pat leaves 150,000 cubic yards to be deposited 0 the north of the inlet jetty should a court r le that must be done. hearing at the earliest possible dater Based on our canversa- tians with you, it is our hop snd expectation that this matter can be taken ~p by the Council on Tus day, October 17, 1995. (iii) (iv) 6 We request that this matter be d'cketed 1 for City Council Thank you fQr your continuing co rtesy and cooperations. ! I j DRW: sc Enc I cc: Ronald R. Ball, City attorney Lloyd 8, Hubbs, City Engineer James Dodson, Esg. Mark Chomyn >UG-%Cdr\Clerk Itr I ~ e a t $ IYL CITY OF CARLSBAD RONALD R. BALL CITY A-ORNEY 1200 CARLSBAD VILLAGE DRIVE D RICHARD RUDOLF ASSISTANT CITY ATTORNEY JANE MOBALDI DEPUTY CITY ATTORNEY CARLSBAD, CALIFORNIA 92008-1 989 (619) 434-2891 FAX. (61 9) 434-8367 October 18, 1995 Donald R. Worley, Esq. Worley, Schwartz, Garfield & Rice Suite 1150 401 llB1l Street San Diego, California 92101-4245 RE: NOTICE OF DECISION OF THE CITY COUNCIL, CITY OF CARLSBAD Dear Mr. Worley: Please take notice that at its regular meeting of Tuesday, October 17, 1995, the City Council acted on the appeal by San Diego Gas & Electric Company from the provisions of the City Engineer's order of September 6, 1995 and adopted the following motion modifying the City Engineer's determination. The appeal of San Diego Gas & Electric Company is denied except to the extent that the revised order of the City Engineer of October 17, 1995 be issued and replace the order of September 28, 1995; and provided further that San Diego Gas & Electric Company shall acknowledge its acceptance of the terms and conditions of this order prior to commencing dredging operations. Gas & Electric Company may reduce the volume of sand disposed on the north beach to 75,000 cubic yards provided it submits proof to the City that it has commenced the permitting process to dredge the inner and middle lagoons., It is further moved that the jurisdictional issues are referred to the City Attorney for further discussions with San Diego Gas & Electric Company and following those discussions for a report and recommendation to the City Council. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: San Diego "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has - c3 0 0 f- * rY (. D- .- been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision become'final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. " /eqw&r&* ~ RONALD R. BALL City Attorney rmh c: City Clerk City Manager City Engineer James R. Dodson VcIl-10 ai) HCJJ 13.11 N fy G .- c -- I October 17, 1995 Mr. william Dyeon Construction Ptujeoi Adrninistratw SAN DtEGO GAS & ELECTRIC 400 Carlsbad Boulevard Carisbad Ca 92008 After considerable discussion wb pcppescntativea from SEIn Diega Gas & Eleatric and the City, the iollawing is the revised 19!35/96 dredging progm for the outer basin of the Agua HedIonda 1. During the first phase of the 1995B6 dredgfng operation, plaoe approximatsly 269,000 cubic yards of materjaf between the Inkt and outlet jetties of the Agua Hedionda Lagoon. Place the r~mj8tTty of this materid adjacent to the northem bank of the outlet jetty. The natural currents in the Wral cell will spread this materiai evenly between the Jetttes and reduce the potentiel of Mow of the material into tho lagoon moutk During the wmnd phase of the 1995/Q0 dredging operatlon, dimharp 100,OOO cubic yards to the northerly limits of the disposal area at Oak Street. The dtsposal and placement method shall be determined in consultution with the conwhiting ooastal engineers of both the CRy and SDG&E This material shd be placed in a mner which wilt min-m-m the potential of re-entering the lagwn system, The disposal method shall be finalized no later than November 1,1995. If it Is determined that the l00,OOO cubic yatds is in excess of appropriate disposal quanWy4msed an the recommendarions of the cunsutting coastal engineers, the ultimate quantity may be reduced, . During the third phase at the ISS5/96 dredging operation, pt#ce the remaining material (approximately 75,060 cubic yards} south of the outlet jet& to the Agua Hedionda Lagoon. The abave pregram mud &a be reviewed and approvied by the Execdive bitor of the Coastd Commission in wmplimcs wtih your current Coastal Devetopment Permit. In addition, thi6 lotter officially CBllCds the Cease and Desist order dated September 28, 1995. If you have my questions, please oontact me Elt 438-1161 eMenslon 4391. k$OOll; , 2. 3. c: CityManager City Attorney Community Oevelopment Director Beach msion Committee Associate f3glneer Jarrtz COW Cornrnis$ion - Ms. Shi Satb California State Parks and Recreation Mr. Paul Webb 2075 Las Palmas Dr. - Carisbad, CA 92009-IS76 - {619) 438-1161 - FA% (619) 438-0894 @ 0 0 .I " rl * i -- L October 19, 1995 TO: CITY CLERK FROM: Associate Engineer Jantz Enclosed, for your records, is a copy of the letter from the City Engineer to San Diego Gas & Electric Company outlining their 1995196 dredging program for the outer basin of the Agua Hedionda Lagoon. Issuance of this letter was part of the Council action at last Tuesday's meeting. If you have any questions, please contact me at extension 4354. October 17, 1995 Mr. William Dyson Cunstnrction Project Administrator SAN DIEGO GAS & ELECTRIC 4600 Carlsbad Boulevard Carlsbad Ca 92008 After considerable discussion with representatives from San Diego Gas & Electric and the City, the following is the revised 1995/96 dredging program for the outer basin of the Agua Hedionda Lagoon: 1. During the first phase of the 1995/96 dredging operation, place approximately 250,000 cubic yards of material between the inlet and outlet jetties of the Agua Hedionda Lagoon. Place the majority of this material adjacent to the northern bank of the outlet jetty. The natural currents in the littoral cell will spread this material evenly between the jetties and reduce the potential of inflow of the material into the lagoon mouth. During the second phase of the 1995/96 dredging operation, discharge 100,000 cubic yards to the northerly limits of the disposal area at Oak Street. The disposal and placement method shall be determined in consultation with the consulting coastal engineers of both the City and SDG&E. This material shall be placed in a manner which will minimize the potential of reentering the lagoon system. The disposal method shall be finalized no later than November 1, 1995. If it is determined that the 100,000 cubic yards is in excess of appropriate disposal quantity based on the recommendations of the consulting coastal engineers, the ultimate quantity may be reduced. During the third phase of the 1995/96 dredging operation, place the remaining material (approximately 75,000 cubic yards) south of the outlet jetty to the Agua Hedionda Lagoon. The above program must also be reviewed and approved by the Executive Director of the Coastal Commission in compliance with your current Coastal Development Permit. In addition, this letter officially cancels the Cease and Desist order dated September 28, 1995. If you have any questions, please contact me at 438-1 161 extension 4391. 2. 3. c: City Manager City Attorney Community Development Director Beach Erosion Committee Associate Engineer Jantz Coastal Commission - Ms. Sherilyn Sarb California State Parks and Recreation - Mr. Paul Webb B 2075 Las Palrnas Dr. - Carisbad, CA 92009-1 576 - (61 9) 438-11 61 - FAX (61 9) 438-0894