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Clouded By Question Over Whether City Has Coastal Comm'n Permit To Spray Concrete On Bluffs (Didn't Provide It Under Pub Recs Act, Couldn't Produce It At Council Meeting), Council Votes 6-1 (Schipske Dissenting) To Finish Spraying Concrete On Bluff Section Where It's Being Done And Not Remove It Where It's Been Done But Explore Alternatives On Bluff Areas Not Yet Sprayed


(July 2, 2014) -- As carried LIVE and with initial report text on our front page the same night, a cloud remains over Council approval (6-1, Schipske dissenting, Johnson & Andrews absent) of a motion that Councilman Gary DeLong called a compromise: finish spraying concrete ("shotcrete") on the bluff section where it's been sprayed; don't remove "shotcrete" anywhere that's been sprayed already and explore alternatives to sprayed concrete to address erosion and stabilize other sections of LB's bluffs that haven't yet had "shotcrete" applied.










City staff delivered a Power Point presentation that itemized the costs of various options, ranging from several hundred thousand dollars to over a million. Staff also provided testimony from an engineering expert retained to provide peer review of the project and alternatives. Staff's position was, in essence, that there are some feasible alternatives to sprayed concrete but they are more costly, and removing concrete already sprayed could damage parts of the bluff already sprayed.

Councilman DeLong voiced displeasure that city management didn't wait until the first portion of the "shotcrete" had been finished and evaluated before proceeding with the second section of the three section bluff project (which has sparked public opposition.) Noting that opinions are split on how to proceed, he said his motion is a compromise.

The Council vote on July 1 came after opponents of the sprayed concrete, including Gordana Kajer (photo right) and Joe Geever, urged the Council to [paraphrase] take the time and if necessary spend (and Kajer urged, mitigate) sums that city management said would be needed to remove sprayed concrete and apply alternative measures to address bluff erosion/stabilization. Public testimony was split with the majority of speakers opposed to the sprayed concrete. Several opponents took the position that the Council shouldn't rush a decision but to take the time to "do it right."

Testimony by opponents was aided by former Coastal Comm'n chair/now LB attorney Mel Nutter who said [collectively, summary paraphrase] that in response to a Public Records Act request they'd made for various documents, the City failed to provide a copy of a permit for the sprayed concrete work...and the opponents further alleged that the Coastal Comm'n had indicated it didn't have such a permit on file either.

Supporters of the sprayed concrete cited points made in the city staff-commissioned engineering peer review. They noted that "spot-creting" the second section of the bluffs had already been completed, said it made more sense to complete work that was nearly completed, noted costs of the alternatives as well as the report's recommendations against removing sprayed concrete that had already been sprayed.

Councilwoman Gerrie Schipske followed-up on the permit allegation, sparking a pointed exchange with the City Manager asking why staff couldn't produce for the Council, and didn't produce for the public under the Public Records Act, a copy of a permit for work that the City says it has. City staff said it has a permit for the work and could produce it the next day (July 2) and City Manager West said he didn't know why it hadn't been provided to the opponents who had requested it under the Public Records Act request.

Councilwoman Schipske asked that Mr. Nutter (whose time had expired during his initial testimony) be allowed to detail his interaction with City Hall and the Coastal Commission staff on the matter, and Vice Mayor Garcia (presiding) allowed this. Mr. Nutter told the Council that although there are materials referencing approved plans accompanying a permit, he hadn't been shown the plans and no one seems to know where the approved plans are.

Mr. Nutter's concern was [paraphrase] that supporting documentation -- the technical drawings and plans for this project -- had to be produced in order for the permit to be issued. Conditions of the permit (which were produced) state clearly that they rely on specifications included with the technical plan. [It's hard to confirm that the conditions are met unless the plan is produced.]

City Manager West assured Schipske that management would investigate the matter (permit and plans) and would respond the next day. Councilwoman Schipske made a substitute motion to hold the bluff issue over for the next City Council until city management produces the permit and plans for the project it was pursuing...and didn't receive a second to her motion. (Those declining to second Schipske's motion to hold the item over to the new incoming Council were Garcia (presiding), Lowenthal, DeLong, O'Donnell, Austin, Neal).

To hear the exchange, click here.

Following the Council silence, Schipske said "told you" (apparently addressed to concrete opponents who were seated in the audience.)

No other Councilmember mentioned the permit issue...and a Council majority went on to approve the DeLong-Lowenthal motion 6-1 (Schipske dissenting.)

For VIDEO of the full Council discussion (including city staff presentation), click here.


Related LBREPORT.com coverage:

Engineering Report Identifies Alternatives To Spraying Concrete on Bluffs But Doesn't Recommend Removing It Where It's Already Been Sprayed; Council To Discuss On July 1
AND
Opinion by Gordana Kajer: Council Should Finish Work In Bluff Park And Get Fuller Report That Doesn't Rule Out Viable Alternatives Without Knowing Costs/Benefits (As July 1 Agendized Report To Council Does)



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