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HomeMy WebLinkAboutRCC MIN 2001/06/11 "...... - I MINUTES OF A SPECIAL MEETING OF THE RESOURCE CONSERVATION COMMISSION June 11, 2001 Mercy Building Conference Room 430 "F" Street MEETING CALLED TO ORDER: Chair Cindy Burrascano called the meeting to order at 6:34 p.m. ROLL CALL/MOTION TO EXCUSE: MEMBERS PRESENT: Chair Cindy Burrascano, Vice-Chair Charles Bull, Commissioners Juan Diaz, Steve Thomas, Pamela Bensoussan, Doug Reid and Teresa Thomas (6:37) STAFF PRESENT: Marilyn Ponseggi, Environmental Review Coordinator Maria Muett, Associate Planner Frank Rivera, Senior Civil Engineer John Schmitz, Acting Principal Planner Joan Isaacson, TEP Linda Bond, Recording Secretary OTHERS PRESENT: Joe Monaco, Dudek & Associates Chris Teng, McGill Martin Self Canuto Lopez, Resident Norma Lopez, Resident APPROVAL OF MINUTES: April 2 and May 14, 2001 The appropriate Commissioners were not present to approve the April 2, 2001 minutes. MSC (Bull/S. Thomas) to approve the May 14, 2001 minutes. Vote: (4-0-2- 1) with Diaz and Reid abstaining and T. Thomas absent. ORAL COMMUNICATIONS: None. OLD BUSINESS 1. Designation of the Henry Fischer House on the City of chula Vista List of Historic Sites Ms. Marilyn Ponseggi (Environmental Review Coordinator) indicated that, at the last meeting, there was discussion that there had been a request for a demolition permit for the Henry Fischer house. At that time, the Commission asked staff to place on the agenda consideration of the Henry Fischer house for designation as a historic --~.- ,--- - RCC Minutes - 2 - June 11, 2001 site. Mr. & Ms. Lopez, the owners of the property, have expressed to staff that they do not want the site designated. Ms. Maria Muett (Associate Planner) indicated that staff was contacted regarding the demolition, and that the RCC requested this be looked at as a proposed designated site. The Henry Fischer house was part of the 1985 City of Chula Vista Historical Resources Inventory. It was not included in the list of historical sites. Since the site has not been designated and does not have a City of Chula Vista historical site permit, the City is obligated to issue a demolition permit. In accordance with Section 2.32.070 of the Chula Vista Municipal Code, the RCC has the authority to recommend to the City Council when it comes to historical site designations. Ms. Muett described the history and architecture of the house. In 1987, Mr. Olen A. Hoy, then owner of the house, requested that the City accept the house as a historical site. At that time, the Commission was concerned about the financial risk the City would incur to move, store and restore the house. The RCC voted to not accept the property at their January 11, 1988 meeting. The Commission discussed the integrity of the house and its historic links at length. MSUC (Bensoussan/T. Thomas) to recommend to the City Council the following: a) Designate the Henry Fischer House as Historic Site #46 on the City of Chula Vista List of Historic Structures; b) Appropriate the necessary funds to preserve the house by moving it to another location within the City of Chula Vista at no cost to the owner; c) Direct staff to negotiate with the property owner for the purchase of the house in order to ensure its long-term preservation. Vote: (7-0-0-0) APPROVAL OF MINUTES (Cont'd) MSC (Bensoussan/S. Thomas) to approve the minutes of April 2, 2001. Vote: (4-0-3-0) with Burrascano, Bull and Reid abstaining. NEW BUSINESS 2. EIR-01-03 - Salt Creek Interceptor Sewer Program EIR Ms. Ponseggi stated that the Final EIR contains the revised EIR text, comments, responses to comments and an Addendum to the Final EIR. The purpose of the Addendum is to discuss refinements that have been made to the project and to analysis the refinements in relation to the analysis of issues contained in the Draft EIR. The public facilities elements of the General Plan identified the need for a sewer within the Salt Creek alignment. The Otay Ranch GDP and draft MSCP Subarea Plan all contemplate a sewer in this location. The Salt Creek Sewer Interceptor has been planned and sized to accommodate build-out of the City under the current General Plan. As a result of concerns raised by some of the environmental groups and the resource agencies, two policy options were analyzed "...... - , RCC Minutes - 3 - June 11 , 2001 in the Draft EIR. The Addendum discusses two additional policy options as a result of engineering refinements of the project. The four policy options all pertain to Reaches 3 and 4. Ms. Ponseggi described the four Policy Options. The Draft EIR disclosed that implementation of the proposed project would result in less than significant impacts after mitigation for aesthetics, air quality, biology, geology, hydrology, land use, noise, transportation/circulation and paleontological resources. All the mitigation measures with respect to project impacts have been included in the Final EIR. Even with the additional two Options, there are no impacts that have been identified that cannot be reduced to less than significant. Staff Recommendation: That the Final EIR meets the requirements of CEQA and, therefore, recommends that the RCC make a recommendation to the Planning Commission and the City Council that they find the document to be in compliance with CEQA and recommend certification. Vice-Chair Bull and Commissioner Reid had relatively minor questions regarding wording in the Final EIR document that were adequately responded to by Mr. Joe Monaco (Dudek & Associates, 605 Third Street, Encinitas, CA 92024). Chair Burrascano was trying to understand the requirements of the MSCP. Ms. Ponseggi stated that there are sighting criteria in the MSCP that is specific to Salt Creek Sewer, and the project meets that requirement. Chair Burrascano was confused about how this whole thing works because this is an approved project with MSCP, therefore, it is agreeing that no mitigation is required but yet we have mitigation and we have monitoring. Ms. Ponseggi indicated that it is an approved project under the MSCP, but the MSCP does not take the place of CEQA. Also, this project has mitigation in it and provides for it to be approved either under our take authority with the MSCP or, if that take authority has not been granted by the time we need to move forward on this project, there is mitigation in it if it is done through a 4(d) Permit or through some other process. MSC (Bull/Reid) to recommend to the Planning Commission and City Council that the Final EIR is complete and in compliance with CEQA. Discussion: Commissioner Burrascano had problems with the statement that no mitigation is required for upland habitat because, in fact, there is mitigation restoration. Her question was the mitigation under the Subarea Plan and the statement that no mitigation is required. She knew it was a technicality because you are doing it, but yet the document states that it is not a requirement. Vote: (6-1-0-0) with Burrascano opposed. "........ - ( RCC Minutes -4- June 11 , 2001 ENVIRONMENTAL REVIEW COORDINATOR COMMENTS 3. Board/Commission/Committee Vacancies Ms. Ponseggi indicated that there was a memo that came out about vacancies on this Commission. However, the Mayor took care of that. The RCC now has a complete Commission. Commissioner T. Thomas and Bull have terms that are coming up and have asked to be re-appointed. 4. Ken Lee Memorial Golf Tournament - Monday, June 18, 2001 Ms. ponseggi announced that the Ken Lee Memorial Golf Tournament on Monday, June 18, is completely filled up. Vice-Chair Bull distributed the EastLake III Final EIR to the Commissioners. Ms. Ponseggi indicated that the EIR would be on the June 18,2001 agenda. Ms. Ponseggi reminded the Commission that the awards banquet would be Thursday, June 14, 2001. She assumed that Chair Burrascano would be there to make the presentations to the Preservationist and Environmentalist of the year. Ms. Ponseggi indicated that at their first meeting in July would be the time for the RCC to hold elections of officers. Vice-Chair Bull stated that he would be on vacation. Ms. Ponseggi stated that the letter the RCC sent to City Council on the Coronado Branch Railway Line was on the June 12, 2001 City Council agenda. MSUC (Bull/Burrascano) to designate Commissioner Bensoussan to represent the RCC at the June 12,2001 City Council meeting. Vote: (6-0- 1-0) with Bensoussan abstaining. CHAIR COMMENTS: None. COMMISSIONER COMMENTS Commissioner Bensoussan announced that the Mills Act had passed. There will be a workshop put on by the Heritage Museum sometime this summer. 5. Consideration of including an item regarding the "Status of RCC Work Program" as a regular item on the agenda (Commissioner T. Thomas) Commissioner T. Thomas would like to have the RCC Work Program as a standard item on the agenda that the RCC mayor may not call upon to use. Ms. Ponseggi stated that there is no Work Program as the City Council has not adopted the agenda yet. A great deal of the Work Program involves historic preservation. Staff can put that item on the agenda if the RCC votes to do so. She cautioned the RCC ,--- - RCC Minutes - 5 - June 11 , 2001 that unless they have specific items listed under that topic, which would have to go through the same process to get onto the agenda, they are not going to be able to have lengthy discussion or make any decision on something that is not listed as an item on the agenda even if they have that broad caption. Staff has the broad captions of 'old business' and 'new business', so unless there is something listed under them specifically, the RCC is still going to be bound by the Brown Act to have it published on the agenda as to what they are going to be talking about. If the RCC is not going to discuss them, she believed the City Attorney would say that is as much a violation of the Brown Act as discussing an item without having it on the agenda. Commissioner Bensoussan indicated that Ms. Nelson from the State Office of Historic Preservation was interested in making a presentation to the Commission. Ms. Nelson covers topics like the Mills Act. Ms. Ponseggi suggested that Commissioner Bensoussan could put that on the next agenda for discussion. In the meantime she would go to the City Manager's office and find out if that is something that is appropriate or not. The RCC could put on the next agenda 'consideration of inviting State Historic representative to come to a workshop'. 6. Noise mitigation for possible helicopter noise from the Police Department relocation (Commissioner T. Thomas) Commissioner T. Thomas asked, if you have something that comes before this Commission that you already voted on as far as your recommendations concerning a mitigation, and now there is a new element that has a potential for being a strong impact, what does that do to the EIR? Ms. Ponseggi stated that she had spoken to Community Development staff about this. If they were to take action to modify the plan to include a helicopter, it would have additional environmental documentation that the RCC would see. ADJOURNMENT: Chair Burrascano adjourned the meeting at 9:29 p.m. to a regular meeting on Monday, June 18, 2001, at 6:30 p.m. in the Mercy Building Conference Room, 430 'F' Street, Chula Vista, CA. Prepared by: Ž~/a_,,¿~ L nda Bond Recording Secretary (A:\lIb\RCC#1\RCC061101 MINS.doc)