Where's The Coastal Development Permit That Begat The Bluff Brouhaha? Public Records Act Requester Kajer Says City Hall Still Hasn't Produced It Or Plans Accompanying It; City Hall Puts Multiple Other Bluff Related Docs Online
Kajer mulls her next move after Council votes (6-1, Schipske dissenting) to finish "Shotcrete" on current bluff section, examine alternatives for next section
(July 6, 2014) -- Gordana Kajer, who in April 2014 alerted the public and City Council to issues and alternatives related to management's use of sprayed concrete ("shotcrete") to address erosion along LB's picturesque bluffs, tells LBREPORT.com that as of end of the July 3 business day, city management hasn't produced a copy of the originating 2009 Coastal Development permit that it says it has for the "shotcrete" work and hasn't produced the plans that a City Hall Zoning Administrator was supposed to review in a public hearing in December 2009 before issuing the permit..
"Where is the December 2009 Coastal Development Permit? Where are the plans and specifications prepared to support that applicaton which City Hall's Zoning Administrator (Planning Dept.) was responsible for reviewing before issuing the [originating Dec. 2009] permit?" Ms. Kajer asked rhetorically in an email to LBREPORT.com, describing what she says City Hall hasn't produced in response to her Public Records Act request.
[Further, scroll down.]
What City Hall did provide -- and has placed online where anyone can see them -- are documents related to the Bluff Erosion Project (Phase 2 being completed now) which include Conditions to accompany the December 2009 Coastal Development Permit, which indicate the City's Coastal Development Permit application was assigned a number (0912-02). A letter from the Coastal Commission's LB office (dated July 2010) indicates that no appeals to the City's application were received and therefore the City's permit became final in Jan. 2010...but Ms. Kajer continues to ask: based on what? Where's the originating permit and its supporting plans?
A City of Long Beach webpage on the bluff erosion project -- visible at this link -- does include a letter dated July 28, 2010, signed by LB-officed Coastal Commission Program Analyst Charles Posner, stating that the 10 day appeal period for Coastal Development Permit number 0912-02 (5-LOB-10-002) expired Jan. 12, 2010, and since no appeals were received, "the City's permit is therefore final."
Documents also indicate that a City Hall Zoning Administrator Hearing on the City's requested permit was noticed (publicly scheduled) for Dec. 21, 2009 [just before Christmas, so the appeal period would run during the period between Christmas and New Years.] The City webpage also includes a link to engineering plans dated 2012. So...where are the original plans that were used to justify the originating 2009 permit for the work?
"They haven't produced any materials we haven't already received, and the materials don't include a permit," Ms. Kajer told LBREPORT.com. "They've shown us conditions to a permit but not a permit itself, and that's what we've been saying for months."
As previously reported by LBREPORT.com, Ms. Kajer and LB lawyer/retired Coastal Commission chair Mel Nutter came to the July 1 Council meeting, informed the Council of the absence of a permit in the city's response under the Public Records Act, and added that the Coastal Commission apparently has no such permit on file either. Mr. Nutter inquired about the permit's whereabouts, as well as plans that supported issuing the originating permit.
The absence of the documents led to a sharp exchange between Councilwoman Gerrie Schipske and City Manager Pat West, who assured her that management would investigate the matter (permit and plans) and would respond the next day (July 2).
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...but 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 Robert Garcia (presiding), Suja Lowenthal, Gary DeLong, Patrick O'Donnell, Al Austin and Steve Neal.
Following the Council silence in response to her motion, Schipske said "told you" (apparently having predicted the outcome, directing her comment to Ms. Kajer watching in the audience.) No other Councilmember mentioned the permit issue.
Instead, a Council majority approved a motion called a compromise by Councilman Gary DeLong (seconded by Councilwoman Suja Lowenthal) to finish spraying concrete on the bluff section where it's been sprayed; not remove "shotcrete" where it's already been sprayed and explore alternatives to shotcrete on bluff sections that haven't yet had shotcrete applied. The DeLong-Lowenthal motion carried 6-1 (Schipske dissenting.)
For VIDEO of the full Council discussion (including city staff presentation), click here.
The Council vote enables city management to resume applying "shotcrete" to the bluff area now being completed.
What Ms. Kajer and Mr. Nutter plan to do remains to be seen.
