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HomeMy WebLinkAboutcc min 1987/09/17 MINIEES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Thursday, September 17, 1987 Council Conference Room 4:07 p.m. City Hall ROLL CALL MEMBERS PRESENT: Councilmembers Nader, MOore, McCandliss and Malcolm; Mayor Cox arrived at 4:20 p.m. MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, ASsistant City Attorney Rudolf, Community Development Director Desrochers, Senior Community Development Specialist Buchan 1. DISCUSSION COASTAL DEVELOPMENT PERMIT #027 FOR SOUTH BAY POWER PLANT MASTER LANDSCAPE PLAN At the meeting of September 15, 1987, the City Council authorized issuance of Coastal Development Permit #027 (SDG&E South Bay Power Plant Master Landscape Plan). Also at that meeting, Councilmembers requested that staff research the possibility of SDG&E conducting their landscape improvement plan after November 1. Councilmembers inquired as to the scheduling/timing involved in processing a LCP amendment to allow grading between November 1 and April 1 for this project. Senior Cormnunity Development Specialist Buchan reported with regard to processing a LCP amendment, the Environmental Review Coordinator stated the same exemption which applied for the landscape plan would also apply for the lifting of the restriction of grading during the rainy season. A six-week local review period would be involved in processing the amendment. After the amendment is submitted to the Coastal Commission staff, they have ten working days in which to accept the application and disburse the information. A maximum of 60 days is allowed for a report to go to the Coastal Commission. In total, approximately 16 weeks would be required to process an amendment. Ms. Buchan further reported if this project could be found to be a minor amendment by the Coastal Commission Executive Director, the process would require less time (approximately 12 weeks). However, this is not likely to happen due to the location of the grading for the containment dike which is adjacent to the wetlands. MS (Malcolm/Nader) to accept the report. Ms. Karen Hutchens, representative of San Diego Gas and Electric Company was present and she introduced Mr. Paul Heggie, Project Manager for the landscape project. Mr. Heggie stated that in reviewing the Local Coastal Program, his interpretation was that it was for a specific project (the Gunpowder Point area) only and did not apply to the SDG&E property. Con~nunity Development Director Desrochers pointed out that the Coastal Zone encompasses the entire Bayfront area of the City. City Council Minutes -2- September 17, 1987 Responding to Councilmember McCandliss ' questions, Ms. Buchan pointed out there is not a clear definition of "grading." She has submitted a memorandum to the City Attorney requesting a definition and she has also checked with the coastal Commission. If the work to be completed was not considered grading, · the City Attorney could state that the restriction would not apply and if the Coastal Commission agreed the work could go forward. Councilwoman McCandliss cormnented that because of the unknowns, it appears this project cannot move forward at this time. She would prefer that the landscaping be done as soon as possible. It is her understanding that the project may be in jeopardy because the project will be p~t into a different fiscal year. Ms. McCandliss asked that if further information comes forth that would allow other alternatives to be pursued, that this item come back to the Council at that point. Councilwoman McCandliss further cor~nented that the City has a commitment from SDG&E that the landscaping work will be done. If it cannot be done within the time period indicated in the agreement because of restrictions of the LCP, Ms. McCandliss would expect the landscaping to be done at some point. She would consider SDG&E in breach of the Agreement if there is not a successful resolution on the landscaping. Mr. Heggie stated that the Company wants to move forward with the project. They would like to do as much as they can to work with the City to get the project going this year. There are funds allocated for this fiscal year. All of the excavation work will be done before November 1, however, backfilling will not be completed before that date. If the interpretation of grading states that backfilling is considered grading, then there will be a problem. He stated SDG&E is asking for an additional 4-6 weeks at which point all excavation and backfilling would be completed. Mr. Desrochers stated the requirements of the LCP are that the work must be completed in such a state to assure that there will not be any siltation into the wetlands and the Bay. If that could be accomplished by November 1, City staff would have no objections. Mr. Heggie stated it is important to point out that if SDG&E starts the project, there will be impacts if the project must be stopped November 1. There are costs associated with starting a project and then arbitrarily stopping it. These costs could take away from the planning of the project. He stated they do not want to affect the integrity of the project by taking away from the planning. Responding to Councilmember Moore, Mr. Heggie stated because the funds were allocated for 1987, the decision to transfer the funds to 1988 would need to be made by the management of SDG&E. The problem is that the budgets for 1988 have already been established and there are some administrative problems. City Council Minutes -3- SeptemSer 17, 1987 Mr. Heggie stated part of the work they are doing is in the Port District jurisdiction. He noted SDG&E received an exemption on the Coastal Development Permit from the Port District because of the nature of the project. He questioned why the Port District is able to give an exemption but the City is not. Ms. Buchan responded the City does not have the ability to give an exemption for work adjacent to a wetland under the City's Local Coastal Program. Councilwoman McCandliss stated the Council would like to have the project done. If it takes an additional year, that can be discussed. The Council expects the project to be done in the manner and quality presented to them. Mr. Heggie stated the project will go forward. Timing is going to be an issue that will need to be negotiated between SDG&E and the City. He pointed out if the City permits SDG&E to go ahead and do the excavation and do some sort of modification to prevent siltation, Phase 1 could be completed. Mr. Desrochers stated the recommendation of staff is to not go forward with an amendment but to try to proceed under the conditions that are already established. The motion passed unanimously. 2. ORAL COMMUNICATICNS None. 3. CITY MANAGER'S REPC~T: City Manager Goss reported a Council Conference will be held on Thursday, September 24, 1987, at 4:00 p.m. regarding the South Bay Cultural Arts Center at EastLake. Mr. Goes will also arrange for a 20-minute slide presentation by SANDAG On growth (identifying causes of growth and techniques of growth control ). 4. MAYOR ' S REPC~T: None. 5. C(DUNCIL COMMENTS: None. ADJOURNMENT at 4:37 p.m. to the regular meeting of September 22, 1987, at 7:00 p.m. Mayor Cox noted that the Council will meet on Saturday, September 19, 1987, in Closed Session for purposes of discussing the annual City Manager's evaluation. JENNIE M. FULASZ, CMC CITY CLERK Recording Secretary WPC 3163H