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_ resolution is acceptable and has withdrawn the request for a continuance (Attachment B).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