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HomeMy WebLinkAbout2010/11/02 Item 6CHULA VISTA BAYFRONT MASTER PLAN SETTLEMENT AGREEMENT This Chula Vista Bayfront Master Plan Settlement Agreement ("this Agreement") is entered into as of this fourth day of May, 2010, by and among the BAYFRONT COALITION member organizations named below (collectively "Coalition"), the SAN DIEGO UNIFIED PORT DISTRICT, a public body corporate and politic ("District"), the CITY OF CHULA VISTA, a municipal corporation ("City"), and the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a redevelopment agency pursuant to the Community Redevelopment Law, Health and Safety Code section 33000, et seq. ("RDA"), in light of the following facts and circumstances: RECITALS A. District has proposed an amendment to the Port Master Plan to provide a master plan for redevelopment of the Chula Vista Bayfront, which consists of approximately 556 acres of land and water located on the southeastern edge of San Diego Bay in the City of Chula Vista. In conjunction with the District's amendmentto the Port Master Plan, the City is amending its General Plan, Mid-Bayfront Specific Plan and Local Coastal Plan, which will include implementation of future coastal development permits, tentative maps and final maps (collectively, the "City's Amendments"). The description contained in Chapter 3, including the Alternate L-Ditch Remediation Alternative contained in Section 5.7, of the DEIR (defined below), the proposed amendment to the Port Master Plan, the City's Amendments, and the infrastructure and development projects proposed therein, will be referred to in this Agreement as the "Proposed Project"; and B. District, as the lead agency, has prepared a draft environmental impact report for the Proposed Project in compliance with the California Environmental Quality Act ("CEQA"), Public Resources Code section 21000, et seq., and its implementing guidelines, California Code of Regulations, title 14, section 15000, et seq. ("CEQA Guidelines"), which is known as the Draft Revised Environmental Impact Report (EIR) for the Chula Vista Bcryfront Master Plan (ZIPD # 83356-EIR-658; SCH # 2005081077) and which will be referred to in this Agreement as the "DEIR"; and C. The District duly circulated the DEIR for public review and comment, received comments on the DEIR from public agencies, individuals and organizations, and is preparing responses to the public comments received which will be included in the final environmental impact report ("FEIR") prepared for the Proposed Project; and D. District, as the lead agency under CEQA, in its sole and absolute discretion, may certify or not certify the FEIR and may approve or not approve the Proposed Project or may select any alternative, including the alternative of not going forward with the Proposed Project, or adopt any mitigation measure or condition which it determines is necessary and appropriate to reduce or avoid any potential environmental impact of the Proposed Project or to comply with any applicable law or regulation; and E. All or parts of the Proposed Proj ect and the FEIR require the approval of other public agencies, including without limitation the California Coastal Commission ("CCC"), the State Lands The following page contains informafion related to the composition of membership of the South Bay Wildlife Advisory Group. (Item 6) 10. CREATION OF THE SOUTH BAY WILDLIFE ADVISORY GROUP. 10.1 A South Bay Wildlife Advisory Group ("Wildlife Advisory Group") will be formed to advise the District and City in the creation of the NRMP, cooperative management agreements, Adaptive Management Review (defined below) and any related wildlife management and restoration plans or prioritizations. The Wildlife Advisory Group will also address management issues and options for resolution. The Wildlife Advisory Group will initiate and support funding requests to the District and City, identify priorities for use of these funds and engage in partnering, education, and volunteerism to support the development of the Proposed Project in a manner that effectively protects and enhances the fish, wildlife, and habitats ofthe area and educates and engages the public. 10.2 District and City will provide such administrative and staff support to the Wildlife Advisory Group as is necessary to perform the functions and achieve the goals described herein. 10.3 The Wildlife Advisory Group will be comprised of the following: one (1) representative from each Environmental Health Coalition, San Diego Audubon Society, San Diego Coastkeeper, Coastal Environmental Rights Foundation, Southwest Wetlands Interpretative Association, Surfrider Foundation, San Diego Chapter and Empower San Diego; two (2) representatives from the Chula Vista Nature Center (one from educational programs and one from programs/operations); up to three (3) representatives ofmajor developers or tenants with projects in the CVBMP (including one from Pacifica Companies, which on completion, may be succeeded by a representative of its homeowner association); one (1) representative from the Ctv's Resource Conservation Commissions one (1) from either Harborside or Mueller elementary school or the School District; Western. and Eastern Chula Vista residents selected by the City (one from Northwest one from Southwest and one from eastoft-8051: one (1) representative from eco-tourism based business; two (2) individuals appointed by District; and representatives from Resource Agencies (two from the US Fish and Wildlife Service one from Refuges and one from Endangered Species, and one (1) each from California Department of Fish and Game, National Marine Fisheries Service, Regional Water Board, and CCC). 10.4 The Wildlife Advisory Group will meet as needed, but at a minimum of every six (6) months for the first ten (10) years and annually thereafter. The Wildlife Advisory Group will be formed within six months of the filing of the Notice of Determination for the FEIR by the District. 10.5 The Wildlife Advisory Group will meet at the intervals described in Section 10.4 to review the NRMP to: (i) determine the effectiveness of the NRMP in achieving the Management Objectives; (ii) identify any changes or adjustments to the NRMP required to better achieve the Management Objectives; (iii) identify any changes or adjustments to the NRMP required to respond to changes in the man-made and natural environments that are affecting or, with the passage of time may affect, the effectiveness of the NRMP in achieving the Management Objectives; and (iv) review priorities relative to available funding. At its periodic meetings, the Wildlife Advisory Group may also consider and make recommendations regarding (x) implementation of the NRMP as needed, (y) Adaptive Management Review and (z) NRMP Amendments. l7 r0 '~" City of Chula Vista ,~J` _ _ ~, ,E, z~~~ ~~o~ ~~~ ~ ~a. ~`~/~ Councilmember Pamela Bensoussan City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 CI71' ~ 619.691.5044-619.476.5379 Faz M E M O CHULA VISTA BATE: Thursday, October 21, 2010 TO: Donna Noxxis, City Clerk FROM: Councilmembex Pamela Bensoussan RE: Proposed Procedure for appointment of Chula Vista members of the Wildlife Advisory Group For inclusion in the next Council agenda packet under Councilmember's Cotnments:: Councilwomen Bensoussan's proposed procedure fox appointment of Chula Vista Members of the South Bay Wildlife Advisory Group. The Bayfront Coalition Settlement Agreement on the Chula Vista Bayfront outlined the establishment of a Wildlife Advisory Group (WAG) to advise the Port/City/RDA on the development of the Natural Resource Management Plan (NRMP) for the Bayfront Plan. The city of Chula Vista agreed to designate persons to fill 3-4 seats on the WAG Councilwoman Bensoussan recommends that the attached proceduze be adopted by Council. .J'° ~ - I Chula Vista City Council Appointments to the South Bay Wildlife Advisory Group APPOINTMENTS: The South Bay Wildlife Advisory Group (WAG) (Section 10.3) includes representatives from many organizations. The city of Chula Vista agreed to designate persons to fill 3-4 seats on the WAG. These categories are: • i representative nominated by the Resource Conservation Commission (ratified by Council) • 1 Chula Vista resident from Northwest Chula Vista appointed by Council • ~ 1 Chula Vista resident from Southwest Chula Vista appointed by Council • 1 Chula Vista resident from east of I-805 appointed by Council PURPOSE AND FUNCTION: The function of the WAG is to advise the Port/City/RDA on the development of the Natural Resource Management Plan (NRMP) for the Bayfront Plan to ensure protection of wildlife and natural resources. MEETING COMMITMENT: The meeting schedule for the WAG is currently unknown and is expected to vary based on the work of the committee. The Bayfront Coalition Settlement Agreement states that the WAG must hold its first meeting within six months of the certification of the EIR which falls in November. There will be an organizational meeting in November to meet the conditions of the Settlement Agreement but the work of the WAG is not expected to begin until the December, 2010 meeting. PROPOSED TIMELINE for Wildlife Advisory Group Appointment Process: i. October 26th Announce and Appointment Process z. November 26t" application deadline for three residents' seats and request to the RCC to appoint the RCC member to the WAG. 3. November 26th - 30"' Evaluation of applications by Councilmember and interviews of any applicant supported by two Councilmembers to fill the resident seats. a. Week of December 7`" Interviews of finalists by Full Council. Appointment made. MEMBER SHIP CRITERIA: Successful applicants should submit a resume addressing the applicants experience or qualifications in one or more of the following criteria. i. Demonstrated experience in wildlife-related issues such as habitat restoration or wildlife management. z. 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