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Home My WebLink About1990-08-14; City Council; Minutesc 0 0 MINUTES r Meeting of: CITY COuElCIL (Regular Meeting) Date of Meeting: August 14, 1990 Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Pettine, Mamaux, Larson, Kulchin and Mayor Lewis. Absent : None. PRESENTATION: Mayor Lewis read a Proclamation declaring the week of August 13 - 17, 1990, LOCAL CABLE PROGRAMMING WEEK. The Proclamation was accepted by Bob Sheppard, Chairman of the Carlsbad Cable Television Foundation. APPROVAL OF MINUTES: Minutes of the Special Meeting held July 31, 1990, were approved as amended. CONSENT CALENDAR: Mayor Lewis removed Item #7 from the Consent Calendar. Council Member Mamaux stated he would abstain on Resolution No. 90-293 of Item #6. Council affirmed the action of the Consent Calendar, with the exception of Item #7, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #10,762 - RESPONSE TO GRAND JURY REPORT NO. 12 - PROPERTY EVIDENCE ROOMS. Council adopted RESOLUTION NO. 90-287, authorizing the Mayor to send a letter responding to the 1989- 90 San Diego Grand Jury Report No. 12. 2. AB #10,763 - CONSULTANT AGREEMENT FOR CULTURAL RESOURCES SURVEY. Council adopted RESOLUTION NO. 90-288, approving a consultant agreement with the firm of Roth and Associates to conduct a survey of cultural resources within the City of Carlsbad. 3. AB #10,764 - LANDSCAPE PLANCHECK CONSULTANT. Council adopted RESOLUTION NO. 90-289, approving a consultant contract with Lawrence Black and Associates for landscape and irrigation plan checking and inspection services. 1478 7- COUNCIL I\/\ %y$%%) MEMBERS .;t 8 Z. 6 Lewis X Larson X Mamaux X Pettine xx Kulchin X Lewis X Larson X Mamaux X Pettine xx Kulchin X a 0 MINUTES August 14, 1990 Page 2 - CONSENT CALENDAR: (Continued) 4. AB #10,765 - FISCAL YEAR 1990-91 TAX RATES FOR LIBRARY AND SEWER GENERAL OBLIGATION BONDS. Council adopted RESOLUTION NO. 90-290, fixing the amount of revenue to be received from taxes; and adopted RESOLUTION NO. 90-291, setting the general obligation tax rate for 1990-91. 5. AB #10,766 - SETTLEMENT OF METZGER V. CITY OF CARLSBAD . Council adopted RESOLUTION NO. 90-292, approving the settlement of the lawsuit entitled Metzcrer v. City of Carlsbad, N42529 and authorizing the disbursement of $250,000 from the liabililty self- insurance reserve account. - 6. AB #10,767 - HISTORIC POINTS OF INTEREST - HIGHLAND BUNGALOWS, GAGE HOUSE AND HART REALTY BUILDING. Council adopted RESOLUTION NO. 90-293, designating the Highland Bungalows as a historic point of interest (HSD 90-1); and adopted RESOLUTION NO. 90-294, designating the Gage House as a historic point of interest (HSD-90-2); and adopted RESOLUTION NO. 90-295, designating the Hart Realty Building as a historic point of interest (HSD-90-3). ITEM REMOVED FROM THE CONSENT CALENDAR: 7. AB #lo-768 - SDG&E EXPANSION AT ENCINA PLANT - PRELIMINARY REPORT TO CALIFORNIA ENERGY COMMISSION - (SDG&E N.O.I. 89-1). COUNCIL \\b 5 %9 4 C* A 7 MEMBERS % %% Council adopted the following Resolution: RESOLUTION NO. 90-296, approving the Preliminary Issues Report and authorizing its submission to the California Energy Commission in connection with the application by SDG&E to construct a 460-megawatt combined cycle power plant at its existing Encina Facility. PUBLIC COMMENT: /I/ Mamaux X Tom Averell, 1135 Phillips, Vista, spoke in opposition t:o the building of the golf course at Lake Calavera, stating the area is designated as open space in the City's General Plan. The City Attorney stated that a golf course is accepted use for open space, and there is no conflict with the General Plan. Ill Lewis Kulchin Pett ine Mamaux Larson X X X X X X 137 Ill b - 0 0 MINUTES August 14, 1990 Page 3 . PUBLIC HEARING: 8. AB #10,769 - APPROVAL OF BATIOUITOS ENHANCEMENT PROJECT - EIR 86-5/SUP 90-9. Assistant Planning Director Gary Wayne gave the report, detailing the chronology of events to date, the Memorandum of Agreement, Preliminary Engineering, Environmental Review, Unresolved Issues and project schedule. RECESS : Mayor Lewis declared a Recess at 7:29 p.m., and Council re-convened at 7:38 p.m., with all Members present. Mayor Lewis opened the duly noticed Public Hearing at 7:39 p.m., and issued the invitation to speak. Dwayne Lee, Port of Los Angeles, referred to a letter dated August 9, 1990. He stated the process has been fair and unbiased, and if either Mitigated Alternative A or B is selected, they would recommend proceeding with the final design. Jack Fancher, Fish and Wildlife Service, 24000 Avila Road, Laguna Niguel, referred to their letter giving their recommendation, stating the document has satisfied all requirements and their recommendation would be Mitigated Alternative B. Robert Hoffman, 300 S. Ferry Street, Terminal Island, representing National Marine Fisheries Service, stated their recommendation was for Mitigated Alternative B. Richard Nitsos, 330 Golden Shore, Long Beach, representing California Department of Fish and Game, stated they support Mitigated Alternative B. Richard Harp, 2122 Subida Terrace, stated he had over 800 signatures in favor of Mitigated Alternative A. He said that Mitigated Alternatives A and B are equal in meeting the enhancement objectives, but A has a larger water surface area and is the best aesthetic look for the lagoon. It also provides the most sand for the local beaches. COUNCIL \\y 5 ?&?&? MEMBERS Z. cp Z. James Charizia, 1146 Devenshire Drive, Encinitas, representing the Moonlight Beach Improvement Committee, spoke in favor of Mitigated Alternative A. Joan Jackson, 1120 Chinquapin Avenue, representing the Sierra Club and League for Coastal Protection, stated they are committed to the enhancement and preservation of wetlands. She read their letter dated August 11, 1988, concerning inadequacies of the EIR/EIS. 1367 A @ - 0 0 MINUTES August 14, 1990 Page 4 PWBLIC HEARING: (Continued) Richard Yoder, 7738 Madrilena, stated the project would result in an ecological and financial disaster. He said that an extensive ecological study has been made and submitted to the Corps of Engineers, with a copy to the City. This is an independent study by qualified professionals. Bill Daugherty, 2600 La Golondrina, representing Buena Vista Audubon Board of Directors, stated a letter had been written to the Corps of Engineers asking this project to be elevated to EPA for review. He said there were inconsistencies and omissions in the EIR/EIS, and the basis for determining the enhancement plan has not been based on the biological needs of the lagoon. Inez Yoder, 7738 Madrilena, representing the Shoreline Study Center, stated the proposed project is not ecologically beneficial to Batiquitos Lagoon. She requested Council postpone a decision until the comments submitted to the City and the Corps of Engineers have been considered. Dr. Me1 Meilach, 2018 Saliente, spoke in favor of Mitigated Alternative A. John McCoy, Board of Directors, Batiquitos Lagoon Foundation, read a letter written to the Corps of Engineers dated August 11, 1990, supporting the concept of the Lagoon enhancement and endorsing Mitigated Alternative B. Dolores Welty, 2076 Sheridan Road, urged the Council to listen to the requests for a formal review of this project. She said this will not increase the existing habitat, and she was concerned about the hydraulic dredging. Robert Meyer, 7133 Linden Terrace, representing Sea Cliff Homeowners Association, stated their preference was Mitigated Alternative B. Emil Osberg, 7219 Mimosa Drive, spoke in favor of Mitigated Alternative B. Since no one else wished to speak on this matter, Mayor Lewis closed the Public Hearing at 8:57 p.m. 13s COUNCIL \F %7 "0 +.p/ A MEMBERS Z. 6 9 A 5 - 0 a MINUTES August 14, 1990 Page 5 PUBLIC HEARING: (Continued) Motion was made to adopt RESOLUTION NO. 90-297, certifying environmental impact report, EIR 86-5, for a project generally including restoration of tidal flushing to Batiquitos Lagoon through dredging and construction of a tidal inlet structure; with selection of Mitigated Alternative B. Motion failed due to the lack of a majority. Council adopted the following Resolutions, amended as follows: RESOLUTION NO. 90-297, certifying environmental impact report, EIR 86-5, for a project generally including restoration of tidal flushing to Batiquitos Lagoon through dredging and construction of a tidal inlet structure; amended to include the following at line 25: "except as follows: The City Council of Carlsbad, California, selects Alternative Mitigated A as the preferred enhancement alternative for permit application purposes for the following reasons: 1. Mitigated A has a greater potential to maintain a continuously tidal inlet than does Mitigated B. 2. Mitigated A retains the existing wildlife habitat values. 3. Mitigated A maximizes the aerial extent of water surface at all tidal conditions; therefore, it creates a visual resource that is desired by the community. 4. Mitigated A maximizes the amount of dredged sand that would be available for nourishment of the regions severely eroded coastline. If, during permit review by either the Corps of Engineers or the California Coastal Commission, it is determined that Alternative Mitigated A cannot be permitted, then the City Council finds that Mitigated Alternative B is also environmentally acceptable and that it shall be approved for implementation as recommended by the Planning Commission without the need for further review by the City Council. Subject to the foregoing, Section D of Planning Commission Resolution No. 3072 is amended to replace "Mitigated B" with "Mitigated A". l' i3L/ T COUNCIL I\/\ %?&%+ MEMBERS % tp Z. tp Lewis xx Larson X Mamaux X Pettine X Kulchin X Lewis X Larson X Mamaux X Pett ine X Kulchin xx - a 0 MINUTES August 14, 1990 Page 6 PUBLIC HEARING: (Continued) RESOLUTION NO. 90-298, approving a Special Use Permit for a floodplain encroachment for the Batiquitos Lagoon Enhancement Project, amended to include the following beginning at line 21: "except as follows: The City Council of Carlsbad, California, selects Alternative Mitigated A as the preferred enhancement alternative for permit application purposes for the following reasons: 1. Mitigated A has a greater potential to maintain a continuously tidal inlet than does Mitigated B. 2. Mitigated A retains the existing wildlife habitat values. 3. Mitigated A maximizes the aerial extent of water surface at all tidal conditions; therefore, it creates a visual resource that is desired by the community. 4. Mitigated A maximizes the amount of dredged sand that would be available for nourishment of the regions severely eroded coastline. If, during permit review by either the Corps of Engineers or the California Coastal Commission, it is determined that alternative Mitigated A cannot be permitted, then the City Council finds that Mitigated Alternative B is also environmentally acceptable and that it shall be approved for implementation as recommended by the Planning Commission without the need for further review by the City Council. Subject to the foregoing, Section B of Planning Commission Resolution No. 3073 is amended to replace "Mitigated B" with "Mitigated A". '' WICIPAL WATER DISTRICT: C!ouncil adjourned to the Municipal Water District at 9:53 p.m., and re-convened at 9:55 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 9. AB #10,714 - TRAFFIC SAFETY COMMISSION APPOINTMENTS. Council adopted the following Resolutions: (one mot ion) RESOLUTION NO. 90-229, re-appointing James Stachoviak to the Traffic Safety Commission. RESOLUTION NO. 90-230, re-appointing Mary Melideo to the Traffic Safety Commission. RESOLUTION NO. 90-231, appointing Thomas Blake to the Traffic Safety Commission. lY2 - COUNCIL /\I\ % %' % MEMBERS % $% $ Lewis X Kulchin xx X Larson X Mamaux X Pett ine ~ I m a MINUTES August 14, 1990 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 10. AB #10,715 - APPOINTMENTS TO BEACH EROSION COMMITTEE. Council adopted the following Resolution: RESOLUTION NO. 90-232, re-appointing Ralph Copley, Donald E. Jackson, Pearl Johnson, Gary Nessim, Bailey Noble and Sally Vigil and appointing Anna Leeds to the Beach Erosion Committee. 11. AB #10,770 - REPORT ON CITY INVESTMENTS. Council accepted the report from the City Treasurer on the status of the City's investment portfolio as of July 1, 1990. COUNCIL REPORTS : C!ouncil reports were continued. - CLOSED SESSION: 12. CLOSED SESSION PENDING LITIGATION. Council agreed to consider the matter in open session and based on the recommendation of the City Attorney, Case No. N44574, Nocella v. Capodicci, City of Carlsbad, et al., Council approved the settlement in the amount of $6,750 and authorized the City Attorney to execute the necessary documents. ADJOURNMENT : By proper motion, the Meeting of August 14, 1990, was adjourned at 9:57 p.m. Ftespectfully submitted, LkY?z2z&y ALETHA City Clerk Harriett Babbitt Minutes Clerk I/) q "- COUNCIL /\I\ %?$%%e MEMBERS Z. 8 Z. 8 Lewis X Mamaux X Pett ine X Kulchin xx X Larson Lewis xx Mamaux X Pettine X Kulchin X X Larson