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Item 11 - Resolution of Council Support for Lagoon Restoration ,()~ ,;;z.-,;(.r;.~ AGENDA REPORT SUMMARY TO: Honorable Mayor and Members ci the Oty Council FROM: James L. Bowersox, City M~ INITIATED BY: Penny Riley, Assistant to the City M~ DATE: February2S. 1997 SUBJECT: Resolution of the Poway Oty Council Expressing Support for a 15O-Acre Lagoon Restoration Project at the San Dieguito Lagoon ABSTRACT On February 24, 1997, the City Council received a letter (Attachment A) from Mark Nelson, Public Affairs Director for SDG&E, requesting a continuance of the Council consideration for the resolution from the City of Poway expressing support for a ISO-acre lagoon restoration project at the San Dieguito Lagoon. Staff met with Mr. Nelson and the resolution has been revised to reflect the concerns he expressed. A sim~ar revision was also incorporated into the County Board of Supervisor's resolution. Mr. Nelson confinned that the revised _ resolution is acceptable and has withdrawn the request for a continuance (Attachment B). ENVIRONMENTAL REVIEW This informational report is not subject to CEQA review. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE A copy of the revised resolution has been provided to Supervisor Pam Slater and Mark Nelson, SDG&E. RECOMMENDATION It is recommended that the City Council adopt the attached revised resolution expressing support for a ISO-acre lagoon restoration project at the San Dieguito Lagoon (Attachment q. _ ACTION I 1 of 7 FEB 25 1997 ITEM 11 _~1l E eEl \J ~ u GIii · SO f San Diego Gas & Electric p.o. BOX 1131 .SANDlEOO.CA~tNllO.."/-.alClO FE~ 2 ~ 1997 CI1YOFPOWAY ....1"1"\! !W-.!AGERC', nr."'.-:r. February 24, 1997 Fa.E NO. The Honorable Don Higginson Mayor - City ofpoway 13325 Civic Center Drive Poway, CA 92074 ~ Dear May~gginson: Tomorrow evening, February 25, your Council is scheduled to consider a resolution, that if approved, would state that it is your City's intention that San Dieguito be the exclusive recipient of the San Onofre Nuclear Generation Station (SONGS) wetland mitigation effort. While the intent of the resolution may be good, it is unnecessarily restrictive. I respectively request a one week's continuance on this matter so that I might provide you and your colleagues some proposed minor revisions. It is interesting to note that when the San Diego County Board of Supervisors considered this same matter, they to found that the resolution needed some modest changes. Thank you for considering this request. I will work with your City Manager, Jim Bowersox, and provide him with our recommended language. ij~~ Mark Nelson Public Affairs Director cc: Councilmembers Jim Bowersox Penny Riley 2 of 7 Attachment A FEB 25 1997 rreM 11 .. SDGE Sen DI.go ae.. Electric "0 II>> .......IIiIML.............,.._ Fcbrwuy 25,1997 _'110 Ms. PemJY Riley, Assistant to City Manager City of Poway 13325 Ci~c Center Drive Poway, CA 92064 Oeer~ I have received and reviewed the revised language for Resolution #97 and fiud it acceptable. Please withdraw my request for continuance. Thank you for your assistance with this matter. Sincerely. V\aJ~~ Mark Nelson Public Affairs Director MN:bjj cc: Carol Donnan 3 of 7 Attachment B FEB 25 1997 ITEM 11 RESOLtmONNO.97- A RESOLtmON OF THE CITY COUNCil.. OF THE CITY OF POWAY EXPRESSING ITS SUPPORT FOR A ISO-ACRE LAGOON RESTORATION PROJECT AT THE SAN DIEGUITO LAGOON WHEREAS, the City of Po way is a member of the San Dieguito River Valley Regional Open Space Park Joint Powers Authority ("JP A") and supports the goals and objectives of the JP A as set forth in the Joint Powers Agreement executed by the City; and WHEREAS, the City of Po way understands that a ISO-acre lagoon restoration project is proposed for the San Dieguito Lagoon located in the western end of the San Dieguito River Valley and within the boundaries of the JPA's area of interest as set forth in the Joint Powers Agreement and is to be funded by Southern California Edison ("SCE") and its ownerlpartners in the San Onofre Nuclear Generating Station ("SONGS") in partial satisfaction of California Coastal Commission required rnitigation for SONGS, Units 2 and 3 impacts to the fishery, all as set forth in more detail in the 1991 Coastal Permit issued for the project and in the related files at the JP A and at the Commission; and WHEREAS, the San Dieguito Lagoon has long been recogni'7-OO as an environmental habitat and wetland asset on a local, regional, and statewide basis; and WHEREAS, since the turn of the century, the Lagoon has become gravely degraded as the result of human activities, including the upstream damming of the river, the construction of a railroad trestle and coast highway across the Lagoon's mouth to the ocean, the construction of 1-5, the construction of the fairgrounds, and other human development and activities which have constrained and constricted the Lagoon and its tidal connection to the ocean to the point where much of the Lagoon's once vibrant habitat has been lost; and WHEREAS, restoration of the Lagoon is a key goal of the JP A supported and endorsed by this City; and WHEREAS, it is understood that there are some interests who have indicated they would like to relocate the SONGS mitigation currently proposed for San Dieguito, either totally or partially, away from San Dieguito to another site not in North County; NOW THEREFORE BE IT HEREBY RESOLVED AS FOLLOWS: 1. Recital. The foregoing recitals are true and correct. 4 of 7 Attachment C FEB 25 1997 ITEM 11 Resolution 97- Page 2 2. SllppM1 fnr R e!rtnnItinn The City of Po way supports implementation of the fulllSO-acre wetland restoration as currently called for by the 1991 Coastal Permit with San Dieguito as the primary desiSJ"Atcd site and opposes relocation of any portion of the P10poscd restoration to another site. in sum because: A The JP A and SCE have each already acquired extensive land in the San Dieguito Lagoon for purposes ot: and in reliance on, the anticipated San Dieguito restoration, and there would be substantial public detriment and loss of public (and in the case ofSCE and the other SONGS partners, ratepayer) moneys already invested in the acquisition ofthcsc lands and already invested in the numerous other studies, environmental reviews, and design work conducted to date on a San Dieguito project if the project does not go forward at San Dieguito. B. The JP A, representing its City members and the County, and the residents, ratepayers, and taxpayers thcreofwith respect to park and open space planning in the river valley, has entered into Memoranda of Agreement ("MOA's'') with SCE and has developed working relationships with a myriad of other agencies and owners having jurisdiction and owning property in the river valley all in reliance on SCE's commitment to a San Dieguito project and all for the purpose of implementing the restoration project at San Dieguito, and a San Dieguito restoration has substantial momentum as well as agency, landowner, and public support, and is well down the road to implementation having been actively under study since 1991. C. While it is recognized that a final decision as to the precise design and scope of the restoration at San Dieguito cannot be made at this time, and no commitment to any specific project can be made until the CEQA and NEP A processes are completed (with the JP A as lead agency under CEQA and the U.S. Fish & Wildlife Service as lead agency under NEP A), all preliminmy indications are that a ISO-acre restoration project at San Dieguito can be designed and implemented in a reasonable and cost effective manner. D. Implementation of the restoration project at San Dieguito will serve as the centerpiece of the western end of the river valley and will serve as a catalyst encouraging other public agencies and private owners to participate in expanding the restoration effort, hopefully, one day achieving the ultimate vision of a fully restored and functioning wetlands and uplands providing 5 of 7. FEB 25 1997 ITEM 11 Resolution 97- Page 3 important habitat, open space, public access, recreational, scientific, fisheries, and other benefits to the region. BecI1J~ of its unique location, the SCE ISO-acre San Dieguito project is ~ted to generate a synergy resulting in much greater ultimate public benefit. . , E. San Dieguito is uniquely suited to the ISO-acre restoration because of the existence of the JP A and the public agencylprivate partnerships and related institutional arrangements established by the JP A specifically to carry out the restoration project at this location. F. San Dieguito is the closest lagoon system to SONGS that can accommodate the type and scope of restoration proposed, and it is applop.iate that mitigation for SONGS be provided as close as possible to SONGS. G. San Dieguito Lagoon is uniquely suited for the restoration in that all, or nearly all, of the needed property is already in public ownership. The Lagoon is in need of restoration and can be successfully restored, i.e., while portions are degraded it can be restored by known technology. H. San Dieguito is close to large population centers that will benefit from the recreational and open space aspects of the project and is close to educational and scientific institutions that can benefit from the restoration as an educational and scientific resource. I. SCE and its SONGS partners made a "deal" in 1991 when they accepted the Coastal Permit calling for a San Dieguito project. The JP A and other public and private parties have relied in good faith on that commitment and SCE and its partners should honor that commitment with equal good faith. 3. ('.na.~t.al C'nmmiRRinn PrncP.PilingR A. The City of Po way understands that the San Dieguito ISO-acre restoration is under consideration by the Califomia Coastal Commission incident to a permit amendinent request filed by SCE and its SONGS partners. The City of Po way further understands and does not oppose the possible revision and modification of some of the conditions of approval of the SCE mitigation project set forth in the 1991 permit as the Commission deems Alf)plOpriate, provided that the scope of the project and the permit """AinR firm in requiring a ISO-acre restoration effort at the San Dieguito Lagoon. FEB 25 1997 tTEM 11 . 6 of 7 Resolution 97- Page 4 B. tqJprovaf of1bist1:solJ,ltionis tUbjcc::t to the UIlderstaildi"s:th#: 1) in the event that for any reason the project atS8DDieguitoisfinalIr~...i'lCd by the ~ Conl",ipion1o be jnfeasible1hattbeprojcctuevot1l1e1CliS wiUgo tOrwardsom~ inSanDiegoCQunty;and 2) any fun4s'CIJJI'a1t1Yallocated to $an DieguitonotllpC1:1t at $an DiegUitowill bea1l~~ to<<her :PJ.'9jects in $811 I)i~go County oonsist!mtwjili previOiu,l CoalItaI~i...n()!1~9!!$ in 199hnd 1992. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Po way at a regular meeting thereof this 25th day of February, 1997. Don Higginson, Mayor ATIEST: Matjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Matjorie K. Wahlsten, City Clerk of the City of Po way do hereby certifY, under the penalty ofpeIjury, that the foregoing Resolution 97- . was duly adopted by the Poway City Council at a meeting of said City Council held on the 25th day of February, 1997, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Matjorie K. Wahlsten, City Clerk City of Po way 7 of 7 fEB 25 1997 ITEM 11 AGENDA REPORT SUMMARY TO: FROM: Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ Penny Riley, Assistant to the City Manager(3fl- INITIATED BY: DATE: February 25, 1997 SUBJECT: Resolution of the Poway City Council Expressing Support for a ISO-Acre Lagoon Restoration Project at the San Dieguito Lagoon ABSTRACT On January 24, 1997, Deputy Mayor Rexford received a letter from Supervisor Pam Slater requesting a resolution from the City of Poway expressing support for a ISO-acre lagoon restoration project at the San Dieguito Lagoon. The San Dieguito River Valley Regional Park Joint Powers Authority OPAl is working with Southern California Edison (SCE) to make certain that the utility meets an agreement with the JPA to provide $104 million in wetlands mitigation funds for a project at the mouth of the San Dieguito River Park. The Findings section of the staff report provides a project description and history. ENVIRONMENTAL REVIEW This informational report is not subject to CEQA review. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Supervisor Pam Slater; Diane Coombs, San Dieguito River Valley JPA; Mike Hertel, Southern California Edison Company; and Susan Hansch, California Costal Commission will receive a copy of thiS report. RECOMMENDATION It IS recommended that the City Council adopt the attached resolution expressing support for a ISO-acre lagoon restoration project at the San Dieguito Lagoon. ACTION II 1 of 7 FEB 2 5 1997 ITEM 11 CITY OF POWAY AGENDA REPORT TO: FROM: Honorable Mayor and Members of the City Council James L. Bowersox, City Ma~ Penny Riley, Assistant to the City Manage~ INITIATED BY: DATE: February 25, 1997 SUBJECT: Resolution of the Poway City Council Expressing Support for a ISO-Acre Lagoon Restoration Project at the San Dieguito Lagoon BACKGROUND On January 24, 1997, Deputy Mayor Rexford received a letter from Supervisor Pam Slater requesting a resolution from the City of Poway expressing support for a ISO-acre lagoon restoration project at the San Diegulto Lagoon. The San Dieguito River Valley Regional Park Joint Powers Authonty U PAl is working with Southern California Edison (SCE) to make certain that the utility meets an agreement with the JPA to provide $104 million in wetlands mltlgalion funds for a prOject at the mouth of the San Dleguito River Park. The Findings section of the staff report provides a prOject description and history. FINDINGS The JPA is the lead agency for the California Environmental Quality Act on this project. It has worked for many years with all the consultants, the resource agencies, the property owners, and the land use jurisdictions, as well as citizens in this planning process. As the property owner of mitigation land included as part of the 1991 coastal permit issued to SCE, the JPA has a huge stake in thiS project. In the I 970s, the Coastal Commission issued a permit to SCE and Its owner/partners In the San Onofre Nuclear Generating Station (SONGS) for the construction of Nuclear Generating Stations 2 and 3 on the condition that there be mitigation for adverse impacts to the ocean. After many years of study of the impacts of SONGS, in 1991 the Commission issued a permit establishing the reqUired mitigation, including that the SONGS owners restore ISO-acres to functioning wetland status at San Dleguito Lagoon. To Implement thiS restoration SCE and the San Diego River Valley JPA entered Into several Memoranda of Agreements (MOA's). The key components of the MOA's are: (I) The JPA will make available for the restoration the 89 acres It owns in the Lagoon; (2) SCE was to acquire, which It did, an additional 89 acres known as the "Horseworld Property" to be Included in the restoration; (3) The JPA would be the lead agency for CEQA analysis of the various oplions and alternatives for implementing the restoration project; (4) SCE would undertake the preliminary planning and design work, With extensive publiC and resource agency Involvement and Input, to formulate the proposed designs of a restoration project consistent With the Coastal permit and the JPA's overall concept plan for the Lagoon; (5) The project design is to be approved by the 2 of 7 FEB 2 5 1997 ITEM 11 Agenda Summary Lagoon Restoration PrOject at the San DieguI'o Lagoon February 25 1997 Page 3 Coastal Commission and must receive the approval of the JPA: (6) SCE and its partners will bear all costs. The specific design parameters of the ISO-acres SeE restoration cannot be known until the design and environmental review processes are completed. It's expected that the project will include restoration and maintenance of the Lagoon's opening to the ocean to maintain regular tidal exchange and the creation of habitat in conjunction With attendant marsh and uplands (configurations and acreages to be determined through the environmental and design process). Public access, research opportunities, Interpretive centers, and similar activities are also expected to be included In the project. This restoration will be the centerpiece for larger improvements completed by the JPA in the future. Supervisor Slater reports there is widespread support for the optimal restoration plan to be completed by SCE, including appropnate Infrastructure to mitigate any potential scouring or other problems. Also, it is the desire of the JPA that the entire wetland mitigation for impacts on the fishery should be implemented at the San Dieguito site. The $104 million in mitigation funds will be paid by SCE ratepayers. The J PA, the Califomia Coastal Conservancy, and the San Dieguito River Valley Land Conservancy are Jointly funding the design of a project which will Implement these goals and the conditions of the 1991 permit with the cooperation of SCE. The consultants will have their report completed in February and a recommended project should be on the April 1997 Coastal Commission agenda for conSideration. Supervisor Slater has requested that the City send a letter to SCE to support the project and forward a resolution to the Califomia Coastal Commission to ensure SCE fulfills Its obligations. ENVIRONMENTAL REVIEW This informational report is not subject to CEQA review. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Supervisor Pam Slater; Diane Coombs, San Dieguito River Valley JPA; Mike Hertel, Southern California Edison Company; and Susan Hansch, California Costal Commission will receive a copy of thiS report. RECOMMENDATION It IS recommended that the City Council adopt the attached resolution expressing support for a 150- acres lagoon restoration project at the San Diegulto Lagoon. Attachment: Resolution FEB 2 5 1997 ITEM 11 3 of 7 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POW A Y EXPRESSING ITS SUPPORT FOR A ISO-ACRE LAGOON RESTORATION PROJECT AT THE SAN DIEGUITO LAGOON WHEREAS, the City of Po way is a member of the San Dieguito River Valley Regional Open Space Park Joint Powers Authority ("JPA") and supports the goals and objectives of the JP A as set forth in the Joint Powers Agreement executed by the City; and WHEREAS, the City of Po way understands that a ISO-acre lagoon restoration project is proposed for the San Dieguito Lagoon located in the western end of the San Dieguito River Valley and within the boundaries of the JPA's area of interest as set forth in the Joint Powers Agreement and is to be funded by Southern California Edison ("SCE") and its owner/partners in the San Onofre Nuclear Generating Station ("SONGS") in partial satisfaction of California Coastal Commission required mitigation for SONGS, Units 2 and 3 impacts to the fishery, all as set forth in more detail in the 1991 Coastal Permit issued for the project and in the related files at the JP A and at the Commission; and WHEREAS, the San Dieguito Lagoon has long been recognized as an environmental habitat and wetland asset on a local, regional, and statewide basis; and WHEREAS, since the turn of the century, the Lagoon has become gravely degraded as the result of human activities, including the upstream damming of the river, the construction of a railroad trestle and coast highway across the Lagoon's mouth to the ocean, the construction of 1-5, the construction of the fairgrounds, and other human development and activities which have constrained and constricted the Lagoon and its tidal connection to the ocean to the point where much of the Lagoon's once vibrant habitat has been lost; and WHEREAS, restoration of the Lagoon is a key goal of the JPA supported and endorsed by this City; and WHEREAS, it is understood that there are some interests who have indicated they would like to relocate the SONGS mitigation currently proposed for San Dieguito, either totally or partially, away from San Dieguito to another site not in North County; NOW THEREFORE BE IT HEREBY RESOLVED AS FOLLOWS 1. Recitals The foregoing recitals are true and correct. FEB 2 5 1997 ITEM 11 4 of 7 Resolution 97- Page 2 2. Support for Restoration The City of Po way supports implementation of the full 150-acre wetland restoration as currently called for by the 1991 Coastal Permit with San Dieguito as the primary designated site and opposes relocation of any portion of the proposed restoration to another site, in sum because: A. The JP A and SCE have each already acquired extensive land in the San Dieguito Lagoon for purposes of, and in reliance on, the anticipated San Dieguito restoration, and there would be substantial public detriment and loss of public (and in the case ofSCE and the other SONGS partners, ratepayer) moneys already invested in the acquisition of these lands and already invested in the numerous other studies, environmental reviews, and design work conducted to date on a San Dieguito project if the project does not go forward at San Dieguito. B. The JPA, representing its City members and the County, and the residents, ratepayers, and taxpayers thereof with respect to park and open space planning in the river valley, has entered into Memoranda of Agreement ("MOA's") with SCE and has developed working relationships with a myriad of other agencies and owners having jurisdiction and owning property in the river valley all in reliance on SCE's commitment to a San Dieguito project and all for the purpose of implementing the restoration project at San Dieguito, and a San Dieguito restoration has substantial momentum as well as agency, landowner, and public support, and is well down the road to implementation having been actively under study since 1991. C. While it is recognized that a final decision as to the precise design and scope of the restoration at San Dieguito cannot be made at this time, and no commitment to any specific project can be made until the CEQA and NEPA processes are completed (with the JPA as lead agency under CEQA and the U.S. fish & Wildlife Service as lead agency under NEP A), all preliminary indications are that a 150-acre restoration project at San Dieguito can be designed and implemented in a reasonable and cost effective manner. D. Implementation of the restoration project at San Dieguito will serve as the centerpiece of the western end of the river valley and will serve as a catalyst encouraging other public agencies and private owners to participate in expanding the restoration effort, hopefully, one day achieving the ultimate vision of a fully restored and functioning wetlands and uplands providing FES 2 5 1997 ITEM 11 5 of 7 Resolution 97- Page 3 important habitat, open space, public access, recreational, scientific, fisheries, and other benefits to the region. Because of its unique location, the SCE ISO-acre San Dieguito project is expected to generate a synergy resulting in much greater ultimate public benefit E. San Dieguito is uniquely suited to the ISO-acre restoration because of the existence of the JPA and the public agency/private partnerships and related institutional arrangements established by the JP A specifically to carry out the restoration project at this location. F. San Dieguito is the closest lagoon system to SONGS that can accommodate the type and scope of restoration proposed, and it is appropriate that mitigation for SONGS be provided as close as possible to SONGS. G San Dieguito Lagoon is uniquely suited for the restoration in that all, or nearly all, of the needed property is already in public ownership. The Lagoon is in need of restoration and can be successfully restored, ie., while portions are degraded it can be restored by known technology. H. San Dieguito is close to large population centers that will benefit from the recreational and open space aspects of the project and is close to educational and scientific institutions that can benefit from the restoration as an educational and scientific resource. 1. SCE and its SONGS partners made a "deal" in 1991 when they accepted the Coastal Permit calling for a San Dieguito project The JP A and other public and private parties have relied in good faith on that commitment and SCE and its partners should honor that commitment with equal good faith. 3. Coastal Commission Proceedings The City of Po way understands that the San Dieguito ISO-acre restoration is under consideration by the California Coastal Commission incident to a permit amendment request filed by SCE and its SONGS partners. The City of Po way further understands and does not oppose the possible revision and modification of some of the conditions of approval of the SCE mitigation project set forth in the 1991 permit as the Commission deems appropriate, provided that the scope of the project and the permit remains firm in requiring a ISO-acre restoration effort at the San Dieguito Lagoon. FEB 2 5 1997 ITEM 11 6 of 7 Resolution 97- Page 4 PASSED, ADOPTED, AND APPROVED by the City Council of the City of Po way at a regular meeting thereof this 25th day of February, 1997. Don Higginson, Mayor ATTEST: MaIjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, MaJjorie K. Wahlsten, City Clerk of the City of Po way do hereby certifY. under the penalty ofpeIjury, that the foregoing Resolution 97- . was duly adopted by the Poway City Council at a meeting of said City Council held on the 25th day of February, 1997, and that it was so adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: MaIjorie K. Wahlsten, City Clerk City of Poway CIDATAIWPFILES\AGENDA\R.ESO 020 7 of 7 FEe 2 5 1997 ITEM 11