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HomeMy WebLinkAbout1995-10-17; City Council; Resolution 95-303$a mw? &E& a~g ow2 rlUU otga 2;s: one OZJO m> 3:22 zwm K11I5Q wi Q0-I p2 sv 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e 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 WHEREAS, on February 3, 1993, the Planning Commiz of the City of Carlsbad, acting as the Floodplain Administ] pursuant to Carlsbad Municipal Code Chapter 21.110, approvc Special Use Permit SUP 92-04. The permit allowed San Diegc Electric, Company (hereinafter llSDG&E") to dredge Agua Hed Lagoon and place the dredged material on Carlsbad State Be 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 the approval for SDG&E's 1995/96 dredging program subject condition that the first 150,000 cubic yards of dredged ma be placed at the northerly limits of the permit area (Oak Street), and deposited in a southerly direction building a profile of 150 feet from the toe of the seawall; and WHEREAS, the City Engineer did on September 28, issued a Stop Work Order to SDG&E based on non-compliance provisions of the municipal code and conditions of SUP 92- WHEREAS, Carlsbad Municipal Code section 1.20.6( provides an appeal procedure for decisions of department 1 including the City Engineer, for which no specific appeal! procedure otherwise exists; and I I I I ll e 0 4 Sm ~wZ &E& 4.08 0LUg 2055 e’’% ?&%a OZ-10 ““50 002 LOCJY cq cv a> 2UU >-1z 9 0.0U I <i 40-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 WHEREAS, SDG&E has filed an appeal of the conditi approval issued by the City Engineer on September 6, 1995, October 2, 1995, more than ten days after the date of the decision appealed from; and WHEREAS, the City Attorney has agreed to a waiver the time limit to permit the Council to consider this matte WHEREAS, the City Council of the City of Carlsbac California has considered said appeal at its public meetins October 17, 1995, including the letters of SDG&E’s counsel, Donald R. Worley dated October 2 and October 6, 1995, and . matters presented orally by counsel and the City Engineer , public at said meeting, NOW, THEREFORE, BE IT RESOLVED by the City COunC the Carlsbad, California, as follows: 1. That the above recitations are true and corr 2. That SUP 92-04, including its Condition No. a lawful exercise of the City of Carlsbad‘s police power i carrying out the purpose and intent of federal flood contr 19 20 21 22 23 24 25 26 27 28 and Government Code sections 65302, 65560 and 65800, 3. That Condition No. 6 of SUP 92-04 has a reaF nexus to the flood control purposes of the dredging of sar the lagoon, in accordance with both state and federal law. 4. Carlsbad Municipal Code Chapter 21.110 propc applies to SDG&E’s dredging activity in Agua Hedionda Lag( despite unregulated dredging since 1954. Said dredging dc constitute a lawful nonconforming use, but requires a per1 2 1 the City's floodplain administrator pursuant to state and federal 2 law, in the same manner as SDG&E's dredging requires permission 3 from the California Coastal Commission through a Coastal 4 Development Permit, the California Department of Parks and 5 Recreation through a Temporary Use Permit, the Army Corps of 6 Engineers Permit, and a Regional Water Quality Control Board 7 Permit. 8 5. The City's authority as a floodplain administrator 9 pursuant to federal and state law coexists with, and is not 10 preempted by, the power of the state legislature and the Public 11 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 Aqua 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 19 I/ the Carlsbad Municipal Code, "Time Limits for Judicial Review" 18 20 21 22 23 24 25 26 27 28 shall apply: "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 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 180th day following the date on which this decision becomes final; however, if within ten days 3 il 0 * 1 2 3 4 5 6 7 8 9 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. VI PASSED, APPROVED AND ADOPTED at a Regular Meetinc 10 the City Council of the City of Carlsbad on the 17th 11 of OCTOBER 1995, by the following vote, to wit: 12 am ‘o> suz &z& 13 3055 14 ?;$? OOU 15 zyz 17 JUU% an00 JUU >JZ kksg ““%O zu’oo 0Z-l - 16 k% aoJ B AYES: Council Members Lewis, Nygaard, Finnila, I NOES : None ABSENT: Council Memb CLAUDE A. LEWIS, Mayor l8 19 ll ATTEST: 20 21 22 23 24 25 26 27 28 k) J ALETHA L. RAUTENKRANZ, City Clprk 4 i