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Res 97-011RESOLUTION NO. 97- 011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY EXPRESSING ITS SUPPORT FOR A 150-ACRE LAGOON RESTORATION PROJECT AT THE SAN DIEGUITO LAGOON WHEREAS, the City of Poway 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 JPA as set forth in the Joint Powers Agreement executed by the City; and WHEREAS, the City of Poway understands that a 150-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 JPA 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 mm 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 fi:om San Dieguito to another site not in North County; NOW THEREFORE BE IT HEREBY RESOLVED AS FOLLOWS: The foregoing recitals are true and correct. Resolution 9%011 Page 2 2. Support for Restoration The City of Poway 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: The JPA and SCE have each already acquired extensive land in the San Diegnito 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 of SCE 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. Bo 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. Co 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 NEPA), 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. Do 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 Resolution 97-011 Page 3 important habitat, open space, public access, recreational, scientific, fisheries, and other benefits to the region. Because of its unique location, the SCE 150-acre San Dieguito project is expected to generate a synergy resulting in much greater ultimate public benefit. San Dieguito is uniquely suited to the 150-acre restoration because of the existence of the JPA and the public agency/private parmerships and related institutional arrangements established by the JPA specifically to carry out the restoration project at this location. 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. 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. 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. SCE and its SONGS partners made a "deal" in 1991 when they accepted the Coastal Pemfit calling for a San Dieguito project. The JPA 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 Poway understands that the San Dieguito 150-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 Poway 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 150-acre restoration effort at the San Dieguito Lagoon. Resolution 97- 011 Page 4 Approval of this resolution is subject to the understanding that: 1) in the event that for any reason the project at San Dieguito is finally determined by the Coastal Commission to be infeasible that the project nevertheless will go forward somewhere in San Diego County; and 2) any funds currently allocated to San Dieguito not spent at San Dieguito will be allocated to other projects in San Diego County consistent with previous Coastal Commission actions in 1991 and 1992. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at a regular meeting thereof this 25th day of February, 1997. Don Higginson, Mayor ~ ~ ATTEST: Marjo~_~Wahlsten, City Clerk STATE OF CALIFORNIA ) ) S$o COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway do hereby certify, under the penalty of perjury, that the foregoing Resolution 97- 011 , 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: CAFAGNA, EMERY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: GOLDBY ahlsten, City Clerk