HomeMy WebLinkAboutReso 1989-15354 Revised 10/18/89
RESOLUTION NO. 15354
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING RESOLUTION NO. 15176 TO
RESCIND THE GENERAL PLAN REDESIGNATION OF THE
SDG&E POWER PLANT SITE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on July ll, 1989, by Resolution No. 15173, the
City Council certified final EIR-88-2 General Plan Update in
accordance with CEQA, which considered designation of the South
Bay Power Plant site as "General Industrial", and
WHEREAS, Modification No. 8 of Resolution No. 15176
changed the General Plan designation for the SDG&E South Bay
Power Plant site from "General Industrial" to "Visitor Service
Commercial", and
WHEREAS, on August 17, 1989, SDG&E sued the City of
Chula Vista to attempt to set aside the General Plan
redesignation of its South Bay Power Plant site, and
WHEREAS, on August 22, 1989, the City Council adopted a
atorium ordinance preventing any land use approvals on the
~ ~&E South Bay Power Plant site pending further General Plan
consideration and environmental review, and
WHEREAS, the City Council was concerned that rescision
of the General Plan redesignation would be utilized by SDG&E in
some way to obtain vested rights with regard to its application
for augmentation of the South Bay Power Plant and potential
application to the state for siting of a new power plant at the
South Bay Power Plant site, and
WHEREAS, SDG&E has given assurances that it will not
utilize rescission of the redesignation to attempt to gain vested
rights or assert a "grandfathered" position with regard to those
or any other applications to the state for approval, and
WHEREAS, SDG&E acknowledges that it has no right to
assert to the State of California vested or "grandfathered"
rights with regard to its General Industrial General Plan
designation by reason of its reinstatement pursuant to this
resolution, and
WHEREAS, in return for adoption of this resolution
rescinding the General Plan redesignation of the South Bay Power
Plant site, SDG&E will dismiss the litigation in SDG&E v. City of
~ ~la Vista, Superior Court Case No. 615246 with prejudice, with
.h side to bear its own costs and own attorney's fees at no
expense to the other.
-1-
NOW, THEREFORE, BE IT RESOLVED that SDG&E and the City
a n-~ee to the Settlement Agreement (a true and correct copy of
~ ;h is attached and is incorporated herein by this reference)
anu this resolution is adopted in reliance on such agreement.~
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby amend Resolution No. 15176 by
rescinding Modification No. 8 on page 2 thereof and deleting it
as a condition therefrom, thereby reinstating the former General
Plan designation for the South Bay Power Plant site as "General
Industrial"
Presented and Approved as to form by
D. Richard RUdolf, Assista City Attorney
6321a i/
...... R- tS y
Resolution 15354
~SSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of October, 1989 by the following vote:
AYES: Councilmembers McCandliss, Moore, Nader, Cox
NOES: Councilmembers Malcolm
ABSENT: Councilmembers None
ABSTAIN: Councilmembers None
ATTEST:
TATE OF CALIFORNIA )
bOUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15354 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 23rd day of
October, 1989.
Executed this 23rd day of October, 1989.