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HomeMy WebLinkAbout1995-10-17; City Council; Minutes0 a MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: October 17, I995 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers ~ ~~~ CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:24 p.m. ROLL CALL was taken by the City Attorney for the Assistant City Clerk, as follows: Present: Council Members Hall, Finnila, Mayor Pro Tem Nygaard and Mayor Lewis. Absent: Council Member Kulchin. INVOCATION was given by Reverend Father AI Capuchino of the Christ The King Orthodox Church. PLEDGE OF ALLEGIANCE was led by Mayor Pro Tem Nygaard. PRESENTATIONS: Mayor Lewis presented a Retirement Proclamation and Plaque to AI Capuchino, and Financial Management Director Jim Elliott and Finance Director Lisa Hildabrand commented regarding Mr. Capuchino's retirement from the Finance Department. Captain Hawks and Captain Suttle of the Police Department, accepted a Proclamation for RED RIBBON WEEK, OCTOBER 23 TO OCTOBER 31, 1995. Proclamations for RED RIBBON WEEK were also presented to Liz Accardi, representing the Family Recovery Center, to Judy Strong of the San Dieguito Alliance for Drug Free Youth, and to students from seven different area schools. ANNOUNCEMENTS: Mayor Lewis announced that Council Members have been invited to attend and participate in the following events: The League of California Cities Quarterly Meeting, at La Costa Resort, on Thursday, October 19, 1995, at 6:OO p.m. The League of California Cities Annual Meeting, San Francisco, October 21 - 24, 1995. The Orchids and Onions Community Awareness Program at the San Diego Naval Training Center in San Diego, on Tuesday, October 24, 1995, at 6:OO p.m. A Tour of the Four Seasons Hotel in Newport Beach on Wednesday, November 1,1995, at 9:00 a.m. a "ra a 0 October 17, 1995 CITY COUNCIL Page 2 APPROVAL OF MINUTES: On motion by Mayor Pro Tem Nygaard, Council approved the Minutes of the following meetings as presented: Minutes of the Regular Meeting held September 12, 1995. Minutes of the Special Meetings held September 19, 1995. Minutes of the Regular Meeting held September 19, 1995. Minutes of the Special Meeting held September 26, 1995. Minutes of the Regular Meeting held September 26, 1995. Minutes of the Special Meeting held October 3, 1995. AYES: Lewis, Nygaard, Finnila and Hall ABSTAIN: Finnila (Special Meetings and Regular Meeting of September 19, 1995) Hall (Special Meetings and Regular Meeting of September 19, 1995) Nygaard (Special Meeting (1 0:OO a.m. meeting) of September 19, 1995) CONSENT CALENDAR: Items #4 and #5 were removed from the Consent Calendar. ACTION: On motion by Mayor Pro Tem Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #3, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 41 1. AB #13,332 - SETTLEMENT OF LAWSUIT ENTITLED FONES V. CITY, CASE NO. 152902. Council adopted RESOLUTION NO. 95-283, approving settlement of the lawsuit entitled, Fones v. City of Carlsbad et al, Case No. 152902, and authorizing the Risk Manager to make payment of the settlement amount of $10,000 from the liability self-insurance reserve account. 105 2. AB #13,351 - APPROVAL OF 1995-96 SUBRECIPIENT AGREEMENTS FOR COMMUNITY 45 DEVELOPMENT BLOCK GRANT FUNDS. Council adopted RESOLUTION NO. 95-297, approving 1995-96 Subrecipient Agreements for Federal CDBG Funds with Hospice of the North Coast and Catholic Charities. 96 3. AB #13,352 - AWARD OF CONTRACT FOR ALGA ROAD/BATIQUITOS DRIVE TRAFFIC SIGNAL - 45 PROJECT NO. 3474. Council adopted RESOLUTION NO. 95-298, accepting bids and awarding a contract in the amount of $90,392 for construction of a traffic signal at the intersection of Alga Road and Batiquitos Drive to Select Electric, Inc. 29 1" 0 0 October 17, 1995 CITY COUNCIL Page 3 llTEMS REMOVED FROM THE CONSENT CALENDAR: 44 4. AB #13,353 - APPROVAL OF AGREEMENT FOR MATERIALS TESTING SERVICES FOR CITY 45 CAPITAL IMPROVEMENT PROJECTS. City Attorney Ron Ball requested an amendment to the contract under Section 4 (Fees to be Paid to the Contractor) to make it clear that fees payable for services to be performed shall not exceed $200,000. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- E, approving an agreement with Kleinfelder, Incorporated, for annual materials testing service for capital improvements projects, as amended. AYES: Lewis, Nygaard, Finnila and Hall 97 5. AB #13,360 -AWARD OF CONTRACT FOR GRADING OF SDG&E’S EASEMENT ON OLIVENHAIN 45 ROAD - PROJECT NO. 3466A. ACTION: On motion by Council Member Hall, Council adopted RESOLUTION NO. 95-300, awarding a contract in the amount of $60,000 to Pahla Corporation, for the grading of SDG&E’s easement on Olivenhain Road, prior to the widening and realignment of Olivenhain Road. AYES: Lewis, Nygaard, Finnila and Hall QRDINANCES FOR ADOPTION: 114 6. AB #13,354 - RECYCLING AREAS IN DEVELOPMENT PROJECTS - ZCA 94-6. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- Chapter 21.1 05 (Recycling Facilities) and adding Section 21.1 05.060, to require the provision of recycling areas in development projects. - 321, amending Title 21 of the Carlsbad Municipal Code by amending the title of AYES: Lewis, Nygaard, Finnila and Hall 114 7. AB #13,355 - BIOLOGICAL HABITAT PRESERVES - ZCA 95-2/LCPA 95-8. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted ORDINANCE NO. NS- Conditional Use Permit for Biological Habitat Preserves to ensure that Biological Habitat Preserves are consistent with the City’s General Plan, Growth Management Plan, Local Coastal Program and Habitat Management Planning efforts. - 322, to define Biological Habitat Preserve and to require the processing of a AYES: Lewis, Nygaard, Finnila and Hall avo 0 0 October 17, 1995 CITY COUNCIL Page 4 PUBLIC COMMENT: John Jones, 3044 State Street, addressed Council regarding the posting of all types of signs and garbage on the street light posts, traffic control devices, etc. on public property without permission from the City. He stated there should be regulations prohibiting posting of such signs, which are enforced. PUBLIC HEARING: 77 8. AB #13,356 - AVIARA LOCAL COASTAL PROGRAM AMENDMENT - LCPA 953. 113 Mayor Lewis opened the duly noticed Public Hearing at 7:Ol p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Public Hearing was closed. ACTION: On motion by Mayor Pro Tern Nygaard, Council adopted RESOLUTION NO. 95- incorporate three previously approved amendments to the Aviara Master Plan to ensure consistency between General Plan, Zoning and Coastal Regulations and Designations for the Aviara Master Plan, on property located north of the Batiquitos Lagoon, east of the 1-5 Freeway, and west of El Camino Real. - 301, approving an amendment to the Carlsbad Local Coastal Program to AYES: Lewis, Nygaard, Finnila and Hall DEPARTMENTAL AND CITY MANAGER REPORTS: 28 9. AB #13,357 - SUPPORT FOR THE VILLAGE BUSINESS ASSOCIATION’S APPLICATION FOR A GREAT AMERICAN MAIN STREET AWARD. Diane Scheer, Co-Chair of the Village Business Association, was present and spoke in support of the application. ACTION: On motion by Mayor Pro Tem Nygaard, Council adopted RESOLUTION NO. 95- - 302, expressing support for the Village Business Association’s application for a Great American Main Street Award for the Village Redevelopment Area. AYES: Lewis, Nygaard, Finnila and Hall 102 10. AB #13,358 - ESTABLISHMENT OF PRIMA FACIE SPEED LIMIT ON A PORTION OF CAMINO DE LOS COCHES. ACTION: On motion by Mayor Pro Tern Nygaard, Council introduced ORDINANCE NO. NS-325, amending Title 10, Chapter 10.44, of the Carlsbad Municipal Code by the addition of Section 10.44500 to establish a prima facie 40 mile per hour speed limit upon Camino De Los Coches from Rancho Santa Fe Road to its intersection with La Costa Avenue. AYES: Lewis, Nygaard, Finnila and Hall 2.39 0 0 October 17, 1995 CITY COUNCIL Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 73 1 I, AB #13,361 - APPEAL OF CITY ENGINEER'S DECISION REGARDING SDG&E'S DREDGING OF THE OUTER BASIN OF AGUA HEDIONDA LAGOON. Council Member Hall stated his residence is within 300 feet of the project site and due to a possible conflict of interest, he would not take part in consideration of this item. He left the dais at 7:14 p.m. Mayor Lewis inquired whether SDG&E wished to have this matter heard with only three Council Members present. SDG&E representatives stated they did wish to have the matter heard at this time. The staff report was presented by City Engineer Uoyd Hubbs, Associate Engineer Steve Jantz, and Dr. Choule Sonu, who has been the Consultant on beach erosion matters to the Beach Erosion Committee since 1986. Mr. Jantz detailed the conditions of the Special Use Permit (SUP 92-04) which allows SDG&E to dredge the outer basin of the Agua Hedionda Lagoon. He explained that the conditions require the yearly dredging programs to be reviewed and approved by the City Engineer and the Beach Erosion Committee. Mr. Jantz also explained the other agencies from which SDG&E is required to obtain permits. Mr. Hubbs explained that SDG&E has appealed the City Engineer's decision regarding the location 01 the placement of sand for their dredging operation at the Agua Hedionda Lagoon, and the "Stop Work" order issued by the City Engineer based on their failure to comply with the provisions of the Special Use Permit. Dr. Sonu reported on coastal movement along the Carlsbad beaches. He stated that the coastal sediment system in the Oceanside littoral cell contains two streams of sand, one moving south and one moving north. He also stated that the stream moving south contains more sand that the stream moving north, and that the ratio is approximately 60% to 40%. Dr. Sonu reported that the total transport is in excess of 1,000,000 cubic yards, and that the "net transport'' or difference between the two streams is about 250,000 cubic yards to the south. He stated that obstructions along the coastline create a change in ocean situations and sand movement, and that in Carlsbad the shoreline problem is caused by both the offshore deflecting influence as well as the influence of the open lagoon inlet which draws sand into the lagoon. Mr. Hubbs stated that the drift impacts go in both directions, and that staff is trying to balance the need for SDG&E to keep the lagoon open and operating and the need to protect the coastal resources. He then proposed as a compromise, a revision to the dredging program which recommends placement of the first 250,000 cubic yards between the jetties; the second 100,000 cubic yards of material to the north at Oak Street; and allows the remaining material (about 75,000 cubic yards) to be placed south of the outlet jetty. He stated the proposal would also include some type of monitoring program to determine the movement of the sand and the amount of sand that can be placed on the beach without impacting the lagoon. 238. 0 0 October 17, 1995 CITY COUNCIL Page 6 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Donald Worley, Attorney for SDG&E, 401 B Street, Ste. 1150, San Diego, stated SDG&E was appealing the condition that requires them to move 150,000 cubic yards on to the north beach. He stated that they consider placement of any sand to the north to be a jeopardy to the lagoon, and that the revised proposal for placement of 75,000 cubic yards is not acceptable, as they are present to seek relief from that condition. Mr. Worley stated there is a need to dredge the lagoon and to dredge it right away, and that they have data showing the risk of closure to the lagoon if the sand requested by the City is placed on the north beach. He stated that placement of sand to the north not only could cause closure of the lagoon, but also a shutdown of the plant within 24 hours if the lagoon closes, and would also harm the ecology of the lagoon. Mike Loper, Plant Manager of Encina Power Plant, 4600 Carlsbad Boulevard, gave a history of the power plant and the need for the lagoon to provide circulating water to the power plant. He said that dredging is required on a regular basis to keep the mouth of the lagoon open, and that Agua Hedionda is a very hard-working lagoon that supports industry, recreation and scientific research. Mark Chomyn, SDG&E, 101 Ash Street, San Diego, stated SDG&E is aware of the importance of Agua Hedionda Lagoon as a recreational resource, and believes that maintenance dredging operations have a positive influence on the lagoon and beaches. He said that they expect to place 425,000 yards of sand from the outer lagoon on the beaches this year, but that the predominant southern drift patterns must be considered because of the net movement to the south. Mr. Chomyn stated SDG&E had documented the risk of closures in 1994 in the report by Dr. Jenkins, which determined that they should avoid placing sand to the north of the lagoon. Mr. Chomyn stated that it is important for the health of the lagoon that the dredging be re-started, as dredging was not done last year. Mayor Lewis inquired why the lagoon was not dredged last year. In response, Bill Dyson, the Dredge Operations Manager for SDG&E, stated that their two large machines were leased last year to T.L. James Co., the prime contractor on the Batiquitos Lagoon project for use in the Batiquitos Lagoon. Dr. Scott Jenkins, Senior Engineer at Scripps Institution of Oceanography, La Jolla, stated he has studied the lagoon since 1979. Dr. Jenkins reviewed his report contained in his declaration dated October 17, 1995, copy of which is on file in the City Clerk’s Office. He stated the lagoon is under great stress and placing 150,000 cubic yards of sand to the north will add further to the stress and exacerbate an already serious situation. He stated that there is a 38 percent loss in the mean tidal prism in the lagoon, due not just to sedimentation, but also to the fact that the plant has been using more water than anticipated, and due to the amount of sand in the west basin, and sandbars now formed and growing in the central and east basins. He reiterated that the drift of sand is to the south, and there is also an erosion problem. He estimated that at the present rate, five years from now closure of the lagoon is more probable than not. In response to Council query as to how long SDG&E has been aware of this information, Dr. Jenkins stated about ten months, since the completion of his report in December, 1994. a3 3 m a October 17, 1995 CITY COUNCIL Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mario Monroy, 3612 Carlsbad Boulevard, stated he was Chairman of the Beach Erosion Committee when it was learned that SDG&E did not have to get a permit to dredge the lagoon. He stated that the City required a permit for the Batiquitos Lagoon dredging including provisions on where to place the sand. Mr. Monroy stated he has a problem with the statement that placing sand to the north of the intake jetty would risk closure of the lagoon. He stated there is a risk of closure, but not because of sand to the north, but because of the sandbars in the middle and inner lagoons caused by siltation and erosion. He stated that the entire lagoon needs to be dredged, including the middle and inner lagoons. In response to Council inquiry regarding the compromise proposed by staff at this meeting, Mr. Worley stated that the SDG&E representatives present at this meeting had been instructed only to request relief from the condition regarding the placement of sand to the north beaches, and to indicate that the proposal made by SDG&E is still on the table. He also indicated that those present were not authorized to negotiate the matter. RECESS: Mayor Lewis declared a recess at 858 p.m., and Council re-convened at 9:03 p.m., with three Members present and Council Member Kulchin absent and Council Member Hall abstaining from this item. ACTION: On motion by Mayor Pro Tern Nygaard, Council denied the appeal of SDG&E, except to the extent that the revised order of the City Engineer of October 17, 1995, be issued and replace the order of September 6,1995, and provided further that SDG&E acknowledge its acceptance of the terms and conditions of this order prior to commencing dredging operations; and determined that SDG&E may reduce the volume of sand disposed of 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; and Council directed that the jurisdictional issues be referred to the City Attorney for further discussions with SDG&E, and following those discussions, that a report and recommendation be made to the Council. AYES: Lewis, Nygaard and Finnila ABSTAIN: Hall Council Member Hall returned to the dais at 9:20 p.m. 57 12. AB #13,359 - HOUSING ELEMENT ANNUAL PROGRESS REPORT. ACTION: On Minute Motion by Mayor Pro Tem Nygaard, Council accepted the annual report describing progress made in implementing the Housing Element of the General Plan, and directed the Planning Department to forward copies of the annual report to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development. AYES: Lewis, Nygaard, Finnila and Hall 236 e ab October 17, 1995 CITY COUNCIL Page 8 COUNCIL REPORTS: Council Members reported on the activities and meetings of the Committees and Subcommittees of which they are Members. ADJOURNMENT: By proper motion, the Regular Meeting of October 17, 1995, was adjourned at 9:42 p.m. Respectfully submitted, Harriett Babbitt Minutes Clerk 23 5