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HomeMy WebLinkAbout2006-06-13; City Council; Minutes (5)MINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION (Joint Special Meeting) DATE OF MEETING: June 13, 2006 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor/Chair Lewis called the Meeting to order at 6:21 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Lewis, Hall, Kulchin, Packard and Sigafoose. Absent: None. PUBLIC HEARING: Mayor Pro Tern/Vice Chair Hall left the dais at 6:24 p.m. due to a potential conflict of interest relating to this item. 10. AB #18.602 - DEVELOPMENT PLAN AND DESALINATION PLANT PROJECT. Associate Planner Scott Donnell and Joe Monaco, Environmental Impact Report (EIR) Consultant of Dudek & Associates, presented the staff report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mr. Donnell reviewed the following project details: • Project Location • Land Use Regulations • Proposed Desalination Plant • Building Elevations • Project Pipelines • Public Dedications/Enhancements Mr. Donnell also gave an overview of the various permits, approvals and agreements that are part of the project. Mr. Monaco reviewed the environmental details of the project which included the following: the Environmental Impact Report (EIR), issues and alternatives addressed in the EIR, significant unavoidable effects, growth inducement, marine impingement and entrainment effects, power plant operation, flow rate assumptions, and recent actions relative to once-through seawater cooling systems. Mr. Donnell summarized staffs recommendations for approval of the project. He stated that staff is recommending to amend City Council Resolution No. 2006-156 and Housing and Redevelopment Commission Resolution No. 419 to state "that the conditions of the Planning Commission contained in Planning Commission Resolution No. 6087 are incorporated herein by reference" to ensure that the Resolutions stand alone. June 13,2006 Joint Special Meeting of the Carlsbad City Council Page 2 And Housing and Redevelopment Commission Applicant Walt Winrow, President of Poseidon Resources, came forward to address Council/Commission. Mr. Winrow thanked staff for their work on this project and stated that Poseidon has a corporate commitment to the City of Carlsbad. Mr. Winrow introduced Peter MacLaggan, Project Manager of Poseidon Resources. Mr. MacLaggan reviewed a PowerPoint presentation (on file in the Office of the City Clerk) highlighting the history of the proposed project and the six desalination principles adopted by the Carlsbad City Council on July 11, 2002. Mr. MacLaggan introduced Consultant Mike Madigan of Madigan inc. Mr. Madigan commented about the effects draught has had on Carlsbad. Mr. Madigan encouraged the Council/Commission to consider an alternative to relying on the kindness of other agencies during a draught. Mr. MacLaggan concluded the presentation by discussing the public education and outreach that Poseidon had initiated in an effort to inform the public about the proposed project. Mayor/Chair Lewis opened the duly noticed Public Hearing at 7:37 p.m. Debbie Cook, Council Woman from Huntington Beach, came forward to address Council/Commission. Ms. Cook reviewed a PowerPoint presentation (on file in the Office of the City Clerk) cautioning the Carlsbad City Council to consider the energy impacts of the proposed desalination plant. Conner Everts, 5321 Amestoy Avenue, Encino, CA, recommended that the City consider maximizing conservation efforts rather than pursuing a desalination plant. Mr. Evert provided the Council/Commission with the following documents to be entered into the record (on file in the Office of the City Clerk): • From the Federal Register - The Clean Water Act 316B • Resolution by the California State Lands Commission Regarding Once- Through Cooling in California Power Plants - Adopted April 17, 2006 • Resolution of the California Ocean Protection Council Regarding the Use of Once-Through Cool Technologies in Coastal Waters - Adopted April 20, 2006 Todd T. Cardiff, 1516 Plum Street, San Diego, came forward to address the Council/Commission on behalf of the Surfrider Foundation. Mr. Cardiff explained that by placing the proposed desalination plant at the same location as the Encina Power Station, the use of once-through cooling will be continued indefinitely. Mr. Cardiff further explained that the State Lands Commission recently passed a resolution to deny anymore once-through cooling power stations and to phase out all power stations that use once-through cooling. June 13, 2006 Joint Special Meeting of the Carlsbad City Council Page 3 And Housing and Redevelopment Commission Mr. Cardiff concluded his testimony by urging the Council/Commission to deny the Environmental Impact Report (EIR) for the proposed desalination plant. Michael Babowal, 5934 Priestly Drive, Carlsbad, read a letter (on file in the Office of the City Clerk), on behalf of Ted Owen, President of the Carlsbad Chamber of Commerce. Mr. Babowal conveyed the Chamber's support for the proposed desalination plant. Gabriel Solmer, Staff Attorney with San Diego Coast Keeper, spoke in opposition of the proposed desalination plant. Ms. Solmer commented that the desalination plant will hinder the phasing out of the once-through cooling system at the Encina Power Plant. Catherine Ogden, Legal Intern from the San Diego Coast Keeper, 2924 Emerson Street, Suite 220, San Diego, also spoke in opposition to the proposed desalination plant. Ms. Ogden explained that the once-through cooling system that is used at the Encina Power Plant kills many fish and other sea life. Matt Vander Sluis of the Planning and Conservation League, 1107 9th Street, Suite 360, Sacramento, came forward to address the Council/Commission. Mr. Vander Sluis expressed concerns relating to the EIR for the proposed desalination plant. He stated that the EIR did not adequately address alternatives to water desalination and suggested that water usage efficiencies be addressed. Mr. Vander Sluis provided the following documents to be included as part of the administrative record (on file in the Office of the City Clerk): • Investment Strategy for California Water - November 18, 2004 • California Water Plan Highlights - December 2005 • An Efficient Future - A Report of the Pacific Institute, Oakland - September 2005 David Hogan, from the Center for Biological Diversity, expressed various concerns relating to the EIR for the proposed desalination plant. Reading from a letter submitted to the Council/Commission (on file in the Office of the City Clerk), Mr. Hogan stated the EIR contained the following legal flaws: • Project description and alternatives analysis was unreasonably narrow and did not provide for a fully informed decision in regards to wastewater reclamation, water conservation, and utilization of beach wells or infiltration galleries for source water • Discussion and conclusions on the significance of entrainment and impingement of marine life was misleading and the scope of impacts too narrow • Discussion and conclusions on growth inducing impacts were inadequate • Impacts of discharge of cleaning solution not adequately addressed in the EIR • Cumulative effects analysis did not adequately address energy demand, marine life mortality, and growth inducing impacts • Does not adequately address the effects of the product drinking water quality on human health with respect to Boron June 13, 2006 Joint Special Meeting of the Carlsbad City Council Page 4 And Housing and Redevelopment Commission Edward Kimura, Water Quality Spokesman for the Sierra, 3820 Ray Street, San Diego, came forward to address the Council/Commission. Mr. Kimura expressed concerns relating to the adverse environmental impacts of once-through cooling. Mr. Kimura also provided comments (on file in the Office of the City Clerk) relating to Exhibit 1 of the desalination plant final EIR. Bill Hickman, 4838 Del Monte #2, San Diego, came forward to address the Council/Commission on behalf of the Surfrider Foundation. Mr. Hickman spoke in opposition to the proposed desalination plant and expressed concerns relating to once-through cooling systems. Bailey Noble, 5470 Los Robles, Carlsbad, spoke in support of the desalination plant and complimented the Council/Commission on their goals and vision. Tim Calclaser, Golden Eye View, expressed his support for the proposed desalination plant. Executive Director of the San Diego County Farm Bureau Eric Larson, 1355 Forest Avenue, Carlsbad, came forward to address the Council/Commission. Mr. Larsen spoke in support of the proposed desalination plant and commented that the plant will increase the water supply in the region and add to the water inventory statewide. Joni Miringoff, 2551 Esfena Street, Carlsbad, also expressed support for the proposed desalination plant. Ms. Miringoff stated that the project will provide high quality water and will increase the water supply in the region for future years. Gary Knight, 100 W. Rancho Santa Fe Road, San Marcos, came forward to address the Council/Commission on behalf of the San Diego North Economic Development Council. Mr. Knight complimented the Council/Commission for their vision that ensures a dependable water supply while balancing the needs of the community and environment. Patti Krebs, Executive Director of the Industrial Environmental Association, 701 B. Street, Suite 1040, San Diego, also spoke in support of the proposed desalination plant. Ms. Krebs commented that the plant will address future water requirements and urged the Council/Commission to support the project. Art Lujan, 3737 Camino del Rio South, Suite 202, San Diego, came forward to address the Council/Commission on behalf of the San Diego County Building and Construction Trades Council. Mr. Lujan spoke in favor of the desalination project and commented that the plant will generate many jobs and revenue for the economy. Johnny Keller, a citizen of San Diego County, expressed concerns relating to the proposed project. Mr. Keller suggested that the Council/Commission review the desalination venture in Florida. Mr. Keller also encouraged the Council/Commission to consider alternate uses for the Encina Power Plant site. Dan Marler, a resident of San Marcos, spoke in support of the proposed desalination plant. Mr. Marler requested that the Council/Commission approve the project. June 13, 2006 Joint Special Meeting of the Carlsbad City Council Page 5 And Housing and Redevelopment Commission Lee Fisher, 2934 Gaviota Circle, Carlsbad, voiced concerns relating to the Environmental Impact Report. Mr. Fisher commented that the report did not contain a complete cost effectiveness study. Gary Hill, 3289 Donna Drive, Carlsbad, came forward to address Council. Mr. Hill encouraged the Council/Commission to move forward with approval of the proposed project. Don L'Heureux, San Diego, expressed his support for the project. Don Christiansen, 3715 Longview Drive, Carlsbad, also expressed his support for the proposed desalination project. Seeing no one else wishing to speak Mayor/Chair Lewis closed the hearing at 8:44 p.m. RECESS: Mayor/Chair Lewis declared a recess at 8:44 p.m. Council reconvened at 8:52 p.m., with four members present. In response to an inquiry from Council/Commission Member Packard, Mr. Donnell confirmed that the issues raised during the Public Hearing had been heard and considered previously. Mr. Donnell also commented that the economic issues had not been considered since the project is a private venture. Mr. Monaco stated that all comments received had been reflected in the final EIR. City Attorney Ron Ball commented regarding the EIR preparation. Mr. Ball requested that Ms. Driscoll, the legal counsel involved in preparation of the EIR, be called forward to respond to the issues raised relating to the legality of the EIR. Jan Driscoll of Allen Matkins, 501 Broadway, San Diego, came forward to address Council. Ms. Driscoll addressed the comments relating to alternative analysis in the EIR. Ms. Driscoll explained that an EIR requires that a reasonable range of alternatives be considered. The intent of the alternatives is to allow informed decision making and public participation. She also commented that City staff had gone out of their way to respond to comments and had encouraged public participation in the process. Ms. Driscoll stated that the EIR is not required to analyze every possible alternative. During the screening process which occurred in 2004, potential alternatives were discussed and judged as to whether or not they should be brought forward for full analysis in the EIR. The screening of the alternatives included whether a potential alternative can: • Substantially reduce an environmental impact • Be able to obtain most of the objectives of the project • Be potentially feasible • Be reasonable and realistic June 13, 2006 Joint Special Meeting of the Carlsbad City Council Page 6 And Housing and Redevelopment Commission Ms. Driscoll further explained that an EIR does not have to consider multiple variations on alternatives or alternatives to components of a project. In closing, Ms. Driscoll stated that the EIR did comply with the requirements of CEQA as far as alternatives and that CEQA does not require an economic analysis. The Council/Commission expressed their appreciation for staffs commitment to the proposed project. Council/Commission discussion ensued regarding their support for the project. City Attorney Ron Ball stated that Ordinance No. NS-807 would be revised as amended to reflect that Cabrillo Power I, LLC had not yet given its consent to approve the development agreement. Mr. Ball titled City Council Ordinances No. NS-805, NS-806 and NS-807 as amended. ACTION: On a motion by Council/Commission Member Kulchin, Council introduced ORDINANCE NO. NS-80S. amending the Encina Specific Plan SP 144 to incorporate Precise Development Plan 00- 02 for the Encina Power Station and Carlsbad Seawater Desalination Plant located on property north of Cannon Road, south of Agua Hedionda Lagoon, east of Carlsbad Boulevard and west of Interstate 5 and in Local Facilities Management Zones 1 and 3; and, Introduced ORDINANCE NO. NS-806. approving a Precise Development Plan POP 00-02 for (1) the existing 95-acre Encina Power Station (EPS), located at 4600 Carlsbad Boulevard in Local Facilities Management Zones 1 and 3 and generally north of Cannon Road, south of Agua Hedionda Lagoon, east of the Pacific Ocean, and west of Interstate 5, and (2) the proposed Carlsbad Seawater Desalination Plant, which would be located on the grounds of the Encina Power Station; and, Introduced ORDINANCE NO. NS-807. approving a Development Agreement between the City of Carlsbad and Poseidon Resources (Channelside) LLC to provide for the construction of the Carlsbad Seawater Desalination Plant as amended to be approved in substantially the form presented at the Council Meeting of June 13, 2006 and subject to obtaining the consent of the property owner (Cabrillo Power I, LLC) in a form satisfactory to the City Attorney; and, June 13, 2006 Joint Special Meeting of the Carlsbad City Council Page 7 And Housing and Redevelopment Commission Adopted City Council RESOLUTION NO. 2006-156. certifying Environmental Impact Report EIR 03-05, adopting the Candidate Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program for the Precise Development Plan and Desalination Plant Project, which affects properties and streets in the cities of Carlsbad, Oceanside, and Vista, as amended to state "that the conditions of the Planning Commission contained in Planning Commission Resolution No. 6087 are incorporated herein by reference"; and, Adopted Housing and Redevelopment Commission RESOLUTION NO. 419. certifying Environmental Impact Report EIR 03-05, adopting the Candidate Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program for the Precise Development Plan and Desalination Plant Project, a portion of which is located in the South Carlsbad Coastal Redevelopment Area and generally in the vicinity of Agua Hedionda Lagoon, Cannon Road, and the Encina Power Station, as amended to state "that the conditions of the Planning Commission contained in Planning Commission Resolution No. 6087 are incorporated herein by reference"; and, Adopted Housing and Redevelopment Commission RESOLUTION NO. 420. approving Redevelopment Permit RP 05-12 for the Desalination Plant project located in the South Carlsbad Coastal Redevelopment Area and generally in the vicinity of Agua Hedionda Lagoon, Cannon Road, and the Encina Power Station. AYES: Lewis, Kulchin, Packard and Sigafoose. NOES: None. ABSENT: Hall Mayor Pro Tern/Vice Chair Hall returned to the dais at 9:19 p.m. ADJOURNMENT: By proper motion, the Joint Special Meeting of June 13, 2006, was adjourned at 9:19 p.m. LORRAINE M. WOOD, CMC City Clerk Sheila Cobian Deputy City Clerk