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HomeMy WebLinkAboutRCC MIN 2002/06/17 MINUTES OF A REGULAR MEETING OF THE RESOURCE CONSERVATION COMMISSION June 17, 2002 Mercy Building Conference Room 430 "F" Street MEETING CALLED TO ORDER by Chair Charles Bull at 6:38 p.m. ROLL CALL/MOTION TO EXCUSE MEMBERS PRESENT: Chair Charles Bull, Vice-Chair Doug Reid, Commissioners Cindy Burrascano, Juan Diaz, Pamela Bensoussan, Stanley Jasek and Teresa Thomas (6:47 p.m.) STAFF PRESENT: Marilyn Ponseggi, Environmental Review Coordinator Miguel Tapia, Sr. Community Development Specialist Marisa Lundstedt, Environmental Projects Manager Marni Borg, Environmental Projects Manager Lombardo DeTrinidad, Civil Engineer Dave Kaplan, Transportation Engineer Jim Newton, Assistant Engineer II Jim Geering, Deputy Fire Chief Luis Hernandez, Principal Planner Linda Bond, Recording Secretary OTHERS PRESENT: Guy Asaro, The EastLake Company John Boarman, Linscott, Law & Greenspan Narasimha Prasad, Linscott, Law & Greenspan Philip Hinshaw, AD. Hinshaw Associates APPROVAL OF MINUTES: April 15 and June 3, 2002 The minutes of April 15, 2002 were tabled until the appropriate Commissioners were present. MSC (Jasek/Reid) to approve the minutes of June 3,2002. Vote: (5-0-1-1) with Burrascano abstaining and Thomas absent. ORAL COMMUNICATIONS: None. OLD BUSINESS: None. RCC Minutes - 2 - June 17, 2002 NEW BUSINESS 1. 15-02-048 - Southwest Redevelopment Plan Amendment to Extend Eminent Domain Authority Mr. Miguel Tapia (Sr. Community Development Specialist) reported that this is an amendment to the existing Amended Southwest Redevelopment Project Area Plan, dated November 1990 that is set to expire on November 26, 2002 unless otherwise amended. This proposal is to amend that Plan by extending the provision of eminent domain to November 27,2014. Commissioner Burrascano noted that there are potential environmental consequences to the City in the eminent domain on some of the bay front properties. Mr. Tapia stated that any project that comes into that area would be subject to all environmental review and CEQA guidelines. MSC (Jasek/Reid) to approve staffs' recommendation in the Negative Declaration for the extension of eminent domain. Discussion Commissioner Thomas noted that there are certain parts that are not included that need redevelopment in the southwest area. There are many areas in the southwest part of Chula Vista that are in need of sidewalks. Is that the kind of thing that is going to be included in the redevelopment plan? Mr. Tapia responded in the negative. The extent of the action the RCC is taking is just to amend one aspect of the Redevelopment Plan and that is the extension of the eminent domain authority for the Redevelopment Agency. This action does not include any expansions to the existing boundary lines or inclusion of other projects. Commissioner Thomas asked if all the businesses and residents had been notified that would be impacted? Mr. Tapia stated that, when staff sets up the public hearing, everyone within the boundaries of the redevelopment area would be notified. Commissioner Reid assumed notice was given on the proposed Negative Declaration. Either through the newspaper or through the 500-foot noticing area. Commissioner Burrascano stated that, according to the Mitigated Negative Declaration, only other Government agencies and staff were notified. Mr. Tapia did not know if eyerybody within the area was notified. Commissioner Thomas did not feel comfortable about the rights of the people who own property there. She felt the people should be notified. She asked if there were any historic buildings or entities in the Montgomery area that would be impacted by this? Mr. Tapia did not know. Ms. Marilyn Ponseggi (Environmental Review Coordinator) stated that, if there were something of historic value within the project area, it would have to be addressed in the environmental review for specific projects. RCC Minutes - 3 - June 17, 2002 Commissioner Thomas thought it would be good for the RCC to help emphasize how important it would be for the Historic Preservation Blue Ribbon Task Force to give due consideration for those aspects of the Montgomery area which have been neglected in past budgets. She would like to have some kind of an addendum to the motion to ask the Blue Ribbon Task Force to make, as a part of their priories, a review of the Montgomery area. Commissioner Jasek stated that that had nothing what so ever to do with the motion on the floor. He called for a question. Commissioner Thomas asked if that would call for a second motion? Chair Bull indicated that it would at this point if the maker of the first motion does not want to consider an amendment. Vote: (5-2-0-0) with Thomas and Burrascano opposed. Commissioner Thomas opposed because there is a possibility of the Plan to have a negative environmental impact if the RCC does not have knowledge of the full historical preservation resources that are available in the Montgomery area of which a study has not been made. That should be part of the consideration. Commissioner Burrascano opposed the motion because there was not proper noticing and she believed the document defers discussion of potential impacts. MSC (Bensoussan/Reid) to reconsider in order to get clarification on how the noticing was done. Vote: (5-2-0-0) with Diaz and Jasek opposed. Mr. Tapia indicated that the availability of the Negative Declaration was posted at the County offices and would be there for 30 days. He did not know if there was noticing in the newspaper. The notice was not mailed to property owners within the project area. That would be done later. Ms. Ponseggi stated that the City's Environmental Review Guidelines require that notices go out to property owners within 500 feet or that it be published in the newspaper. In addition, CEQA requires two forms of noticing when the document is available for public review. Mr. Tapia indicated that the public hearing has been set for a date in September. There is certainly plenty of time for the public to get inyolyed. They and the public agencies will be notified because the final action will be taken by the Redevelopment Agency and City Council at a joint public hearing. If the RCC believes this is very important, the item can be continued. Vice-Chair Reid suggested that the Commission continue this item to the next meeting. Commissioner Burrascano agreed because we are talking about taking peoples' land. RCC Minutes - 4 - June 17, 2002 MSUC (Thomas/Ben so us san) to bring this item back to the next meeting to have an answer to the noticing question. Vote: (7-0) 2. IS-02-033 - Fire Station #7 (including Rezone and Extension of Street "A") Mr. Phil Hinshaw (Contract Environmental Project Manager) reported that Fire Station #7 is in the Village Two area of Otay Ranch. The action is the rezoning of the property from Planned Community to Public/Quasi-Public use and the extension of Street "A" from its current terminus at the Village Two high school site to La Media Road. Rezoning is required before a fire station can be constructed. Currently Street "A" is being constructed for the high school site. Access to the fire station would be from Street "A". Mr. Hinshaw stated that, in doing the review, several potentially significant issues were identified: geophysical and water; air quality; hazards; noise; and paleontological resources. Mitigation measures have been recommended for each one that would reduce the impacts to less than a significant level. They are listed in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. MSUC (Burrascano/Diaz) to approve the Mitigated Negative Declaration. Vote: (7-0) 3. IS-01-042 - EastLake Village Center North Ms. Marni Borg (Contract Environmental Projects Manager) introduced the project. She indicated that the project includes three parcels, one of which (VC-1) is proceeding with a parcel map and site plan. A Mitigated Negative Declaration was prepared for the entire project area assuming build out of VC-1 in accordance with the site plan and worst-case build out scenarios for the other two parcels. Ms. Borg indicated that the proposed project is less intense than the previously approved Kaiser Permanente Medical Center project. Thus, many issues previously addressed by the EIR for the Kaiser project are no longer an issue. The Mitigated Negative Declaration prepared for the proposed project addressed transportation, air quality, geophysical, water quality, paleontological resources and noise. All impacts were reduced to below significance. Commissioner Burrascano noted that there are numerous mitigations for traffic. She inquired if there has been an environmental analysis of those mitigations? A lot of roads are being widened (e.g., Olympic Parkway, Otay Lakes Road and EastLake Parkway) in areas that have sensitive habitat adjacent to them. Ms. Ponseggi indicated that there are a variety of environmental documents that have gone forward dealing with Olympic Parkway. The others were identified and dealt with in the previous EIRs. Vice-Chair Reid asked about the detention basin. Ms. Borg indicated that some modifications would be made to it to make sure the outflow is no greater than what it is today. RCC Minutes - 5 - June 17 , 2002 Vice-Chair Reid asked if the City had made any progress in obtaining agreements with CA Fish & Game and U.S. Fish & Wildlife Service about the maintenance of that type of facility? Ms. Ponseggi indicated that it is one of the things the Environmental Section is working on with Engineering. Commissioner Thomas voiced concern regarding mitigation on the gas station equipment. Ms. Ponseggi stated that the City does not have any authority in this matter. It is all regulated at the State and Federal level. Commissioner Thomas asked if a Solid Waste Management Plan was going to be put in place? Ms. Borg indicated that the developer has been working extensively with the City's Solid Waste Division to make sure that there are state-of-the-art solid waste containment areas. Ms. Ponseggi stated that Michael Meacham (Special Operations Manager) is working with the developer, but there is not a nexus that exists for the Mitigated Negative Declaration to mandate that a solid waste plan be done. There is no significant impact to solid waste. Mr. Guy Asaro (The EastLake Company, 900 Lane Avenue, Suite 100, Chula Vista, CA 91914) stated that the EastLake Company (developer) meets with City staff every week on this project. Mr. Meacham has attended meetings when it was appropriate to gain his input. Mr. Meacham has criteria that the developer has to meet, and this project will meet it for private waste generated on-site and public waste associated with bus stops and future transit stations. Chair Bull suggested that the last sentence in the noise paragraph be made cleaner by saying "mitigated" rather than "mitigable". MSUC (Diaz/Thomas) to accept the Mitigated Negative Declaration. Vote: (7- 0) APPROVAL OF MINUTES (Cont'd) MSC (Thomas/Diaz) to accept the minutes of April 15, 2002. Vote: (4-0-3-0) with Bull, Reid and Burrascano abstaining. ENVIRONMENTAL REVIEW COORDINATOR COMMENTS: Ms. Ponseggi distributed the Awards Banquet invitations to the Commissioners and asked them to RSVP. She would check to see if the Commissioners had to pay. The City's Public Information Office called to get the reasons for the nominations that were made for the awards. The two resolutions will be forwarded to them that state exactly why the people are getting the awards. CHAIR COMMENTS: None. RCC Minutes - 6 - June 17, 2002 COMMISSIONER COMMENTS Commissioner Bensoussan stated that, whenever you drive down Third Avenue, you see that chain link fence along the Country Club, and it's all littered with trash and it looks really ugly. She wanted to know who was in charge. Ms. Ponseggi said she would look into it. Commissioner Bensoussan asked who votes on the Beautification Awards? Ms. Ponseggi stated she would come back with information on the committee. Commissioner Bensoussan asked if historic home restorations could get nominated for a Beautification Award? Ms. Ponseggi stated that they would qualify, but she would have to find out more about the Beautification Awards and get back to her. Commissioner Thomas hated to lose Commissioner Burrascano from the Commission because she is the main biological-t)$e, resources and habitat expert, and the RCC needs somebody who has that kind of knowledge. Can the RCC recommend someone like that to replace her? Ms. Ponseggi indicated that the ordinance that sets up the requirements for the RCC specifically speaks to the fact that it is citizens of the City and does not talk about experts. Vice-Chair Reid asked if there was going to be an opportunity for a budget amendment. Ms. Ponseggi responded in the negative for this year because a 2-year budget was adopted a year ago. ADJOURNMENT: Chair Bull adjourned the meeting at 8:12 p.m. to a regular meeting on Monday, July 1, 2002, at 6:30 p.m. in the Mercy Building Conference Room, 430 "F" Street, Chula Vista, CA. Prepared by: ð::. ? ~. .... ';~.-J L.JJc?-7-< ,L--- LiÓda Bond Recording Secretary (A:\lIb\RCC#2\RCC061702Mins.doc) RESOURCE CONSERVATION COMMISSION City of Chula Vista rOMMTSSTONFR PHONF A PPOTNTFD TFRM FXP Pamela Bensoussan 420-7782 (H) 09/26/00 06/30/02 616 Second Avenue FAX: 420-7788 1" Chula Vista, CA 91910 E-Mail: P"mf'l"hf'n,@",w nf't Charles Bull 216-1047(H) 1" 08/12/97 06/30/01 348 Alpine A venue 308-9333 XI05(W) 2nd 07/10/01 06/30/05 Chula Vista CA 91910 FAX: 308-9334 E-mail: -l'Rllll@RFrON-ITS rOM John E. Chávez 691-0045 (H) 1" 07/23/02 06/30/06 377 Del Mar Avenue 954-8282 (W) Chula Vista, CA 91910 E-mail: 2johnchavez@cox.net Juan R. Diaz 482-9853 (H) 1" 08/31/99 06/30/03 3030 Main Street 234-9904 XI2(W) San Diego, CA 92113 778-8055 (cell phone) FAX: 234-4931 E-mail: t,ilgomf'7@"ox nf't Stanley Jasek 691-1423 (H) 03/04/02 06/30/04 312 East James Street 681-8894 (W) Chula Vista, CA 91910 FAX: 691-1421 Doug Reid (Vice-Chair) 427-0455 (H) 06/12/01 06/30/02 719 Melrose Avenue FAX: 427-0455 1" Chula Vista, CA 91910 Teresa Thomas (Chair) 427-3181(H) OS/28/96 06/30/97 1339 Second Avenue 421-6700 Xl +5517(W) 1;¡ 06/24/97 06/30/0 I Chula Vista, CA 91911 2nd 07/10/01 06/30/05 E-mail: tthom",@Swr rr rA ITS E-mail: terrytom@ix.netcom.com STAFF REPRESENT A TIVE - Marilyn R.F. Ponseggi, Environmental Review Coordinator 585-5707 07/23/2002 J :\planning\RCC\RCCMEMBERS.doc