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HomeMy WebLinkAboutrda min 1986/02/26 MINUTES OF A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA Wednesday, February 26, 1986 Council Conference Room 2:30 P.M. City Hall ROLL CALL MEMBERS PRESENT: Chairman Cox; Members McCandliss, Scott, Malcolm and Moore STAFF PRESENT: Executive Director Goss, Agency Attorney Harron, Community Development Director Desrochers, Asst. Communi ty Development Di rector Gustafson, Seni or Community Development Specialist Putnam GUESTS PRESENT: Norbert Dall, Lobbyist for City of Chula Vista Chuck LeMenager representing land owners. Community Development Director Desrochers introduced Norbert Dall, Consultant, and Chuck LeMenager representing the land owner. Purpose of the meeti ng: An attempt to provi de an understandi ng of what is happening to the Bayfront Plan; where we are, and where we hope to be. As far as the Nature Interpretive Center, the plans and specifics have been completed, the grading plan is in the final stages of plan check and the City Engineer will look at them tomorrow, and hopefully be able to go out for bids next week. The bids will be opened in April with the completion to coincide with the City's 75th Anni versary. In order to do thi s we have to resol ve other probl ems, particularly with the Fish and Wildlife Agency. They feel that some construction and activity would constitute a taking, which means a violation of the environmental act with regard to endangered species. Tom Harron advised strategy should be discussed in closed session. Norbert Da 11 advi sed that it is di ffi cult to di scuss status of 404 Permit in open sessi on because of the 1 i ti gati on. He stated that we have an approved certified plan which is the law governing the bayfront and it demonstrates the City's commitment to protecting and enhancing the bayfront. Under California law, we have all the approvals we need to be issuing permits. But, Fish and Wildlife has since expressed that they do not like any development on Gunpowder Point, D Street and any roadway linking the midbayfront to the D Street fill. On March 11, the California Coastal Commission is formally submitting the certified bayfront plan to the Federal Office of Ocean and Coastal Resource Management. That agency has three weeks in which to review the City's certified plan with consistency with the Federal Coastal Zone Act. Nancy Kaufman of Fish and Wildlife intends to challenge the Local Coastal Program at this office, on the grounds that the plan will jeopardize the continued existence of the three endangered species which are the Salt Marsh Birds Beak, California Light Footed Clapper Rail and the Least Tern. Under the Endangered Species Act, all other Federal Government agencies that get involved in the bayfront have to make a finding that any plans do not jeopardize any endangered species. Minutes of the February 26, 1986 Redevelopment Agency Meeting Page 2. Mr. Dall reported that we now have the application for the 404 Permit before the Corps of Engi neers. The District Colonel will make public interest decision that sees environmental as well educational and economic values, etc., reasons why human activity on Gunpowder Point is a good thing. He commented that the Corps has written letters to the City stating that unless they do a full EIS, he is not prepared to issue a 404 Permit. He stated that the present design of the road will have an adverse environmental effect on wil dl ife, much less any endangered speci es. The Wi 1 dl ife Servi ce opposes any development on Gunpowder Poi nt. Mr. Dall recommended that some addendum or supplement to the old EIR would be a valuable tool to protect the City against future 1 itigation. His closing comment is that we have two major fights ahead: one being at the Federal Office of Coastal Resource Management and the other is that we have interest in the land to build the Nature Center on Gunpowder Point. Member McCandliss stated we have certified Local Coastal program. The challenge to our program is not just local issue, but Statewide issue. We need strong State involvement. Member Moore stated he would like to have substantiated evidence on allegations regarding the Least Tern goi ng over to the Vener Pond. If there is no substantiated evidence, the matter should be dropped. Mr. LeMenager, representi ng the property owners, stated that the positi on they are taking, working with City and Corps of Engineers, attempting to assist in developing the midbayfront and dedication of the publ ic lands. As 1 andowners, if they cannot get more cooperation, they would be justified not doing anything with the land. Chairman Cox stated that the agreement si gned wi th the County of San Di ego provided 188~ acres of conveyance. Cha i nnan Cox: Motion to the City Manager to put together a precise briefing book. t~ember Moore: Seconded for discussion - good accurate data to substantiate our position. Cha i rman Cox: Motion to move to closed session to discuss Section 404 Permit and pending litigation. - McCandliss seconded. Norbert Da 11 : Key poi nt is Ci ty staff and I have at every meeti ng rai sed the factual evidentiary points. None of the poi nts we made have ever been addressed by the Corps or Wildlife Service. Member Moore: Suggested that these things should be put into a succinct briefing booklet so we can prove to the people that we have a worthwhile program and really want their support. ___·'..·___.__...._.__.__..__n___ Minutes of the February 26, 1986 Redevelopment Agency Meeting Page 3. Chairman Cox: Talked with Congressman Bates and he is interested in he 1 pi ng us. We need a concise briefing book prepared. Mr. LeMenager: Reported that he has been working with the City and Corps of Engineers in good faith for four years and is frustrated at this poi nt. Application for drainage, Corps of Engineers tells us to forget it. They are very di scouraged. Willing to work wi th City on compromise position to generate development. MSC(Moore!Malcolm): Would like to see three sources of information accumulated. (Scott out of room) 1) Fact submitted that there was no Wetlands study done. 2) Key points and differences of our biologist vs other biologists that pertains to key efforts that are being pursued now. 3) Pursue the source of the fal cons, as to how they get here and the subsequent effect on the terns nesting. MSUC(Cox/Moore) : To direct City Manage r to provi de whatever staff or consultants to put together a quick and factual complete briefing book focusing in on issues to have available on an immediate basis. MSUC(Cox/McCandliss): Moved to go into closed session for purposes of potential litigation and actual litigation, Section 404 Permit and acquisition. ADJOURNMENT AT 3:55 P.M. to Thursday, March 6, 1986 at 7 P.M. ers, WPC 2137H .......--.... ..-'-..'- ----