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HomeMy WebLinkAboutcc min 1975/04/14 MINUTES OF AN ADJOURNED SPECIAL MEETING OF THE CITY COUNCIL OF CHUL^ VISTA, CALIFORNIA Held Monday April 14, 1975 An adjourned special meeting of the City Council of the City of Chula Vista, California was held on the above date beginning 7:03 p.m, in the Council Conference Room, City Hall, 276 Fourth Avenuej with the following Councilmen present: Councilmen Scott, Hobel, Hamilton, Hyde (Mayor Hamilton arrived at 7:20 p.m.) Councilmen absent: Councilman Egdahl ECC members present: Chairman Legler, Vice Chairman Keith, Commissioners Hastings, Hooperj Santoro Staff Present: City Manager Cole, Director of Planning Peterson, Acting City Attorney Beam, Director of Public Works Robens, Environmental Review Coordinator Reid (Joint meeting with the Environmental Control Commission/Environmental Review Committee) CALL TO ORDER Councilman Scott opened the meeting at 7:05 p.m, explaining that the meeting was scheduled at the request of the ECC to discuss areas of concern with the Council, Councilman Scott turned the meeting over to the Chairman of the ECC. Paul Legler, Chairman Commissioner Legler noted that one of the main complaints the Commission had was rectified when the City Council amended the Environmental Review Policy by appointing the Chairman of the ECC or his delegate to the ERC. The Chair- man remarked that the individual members of the Commission will express their objections on various items contained on the agenda for this meeting, Commissioper Paul Santoro Commissioner Santoro remarked that City, State and Federal government is only as responsive as the citizens demand it to be. He would like to think that sitting on the ECC gives him an opportunity to voice some of the citizens' feelings about responsiveness. Some of the difficulties, in his opinion, seem to be a ~ack of continuity, flow time, public review~ environmental review policies, etc. The EIR~s are prepared by the developer, with the assistance of contractors in some instances~ City staff reviews the EIR for modification; the ERC reviews the EIR; the document is then forwarded through the ECC, the Planning Commission and then to the Council for final disposition. This process occurs within a "30~day period". Commissioner Santoro stated that this "doemn~t always work this way". It is his understanding that the City does not, Adjourned Special Meeting 2 April 14, 1975 in all cases, adhere with the policy. It is his recommendation that if the review flow cannot be followed~ then the Policy should be changed, Councilman Scott asked for information on specific areas of the Policy that are not being followed~ Commissioner Santoro stated that modifica- tions to EIR~s are not subject to public review. Councilman Hyde noted that public review is available both at Planning Commission public hearings and City Council public hearings. Councilman Scott remarked that the EIR which is available for public review (in the Library) for con- venience and information, even though it is not obligatory of the Council to provide this service. The City of Chula Vista's Council is one of the few councils that provide this service~ the idea being that if a person is interested in the draft EIR, he will make it a point to follow the document through all phases of the procedure. Commissioner Santoro stated that he would like to see that the final EIR be made available for public review, and the Council or the Planning Commission have the auth~ity to make the judgment decision as to whether the document is for- warded ba~k through channels after significant modifications are made. Acting City Attorney Acting City Attorney Beam stated that the Planning Commission has the author- ity to adopt EIRs~ but, they must be certified by the City Council. The draft EIRs are submitted for public review. The final EIRs, by law, must contain public input~ The City has extended the period of public input and special provisions have been made for projects which are of great concern (for example, the Plaza del Rey Environmental Impact Report), (Mayor Hamilton arrived at the meeting at this time,) Commissioner Hastings Hr. Hastings noted that the Commission does not have the authority to "accept or reject an EIR", even though the ECC supposedly has the expertise in environ- mental concerns. Commissioner Santoro Mr. Santoro remarked that "traffic flow", for example (as in regards to the new library facility), is an "adequacy issue" .~, how it will affect the economics is a '!planning issue", Adjourned Special Meeting 3 April 14, 1975 Councilman Hyde Councilman Hyde suggested redefining the responsibilities and examining the para- meters of the ECC~ Mayor Hamilton The Mayor remarked that it makes no difference whether an EIR is approved or disapproved; a study must be done, It must bring out all the issues - good~ bad or indifferent. Acting City Attorney Mr~ Beam stated that "CEQA" is a re- porting law, the basic charge being that prior to taking action (approval or dis- approval of a project), the environmental effects must be considered. There are essentially two decision making processes. First, determination of the report (i.e., what will happen to the environment by approval or disapproval of a project) as to whether or not the report is adequate and accurate (whether it explores all the issues)? Second~ regardless of the outcome, there is the decision making stage~ as provided by law~ This decision should not be made, or rationalized, by the EIR itself, This is a separate and distinct decision which has to be made after consulting the EIR~ Commissioner Hastings Mr. Hastings stated that it was his desire that the Commission have the right to approve or disapprove an EIR based on "environmental soundness", Councilman Hyd~ Councilman Hyde remarked that, as an advisory body, the Commission should examine EIRs for completeness and accuracy; beyond that, if the Commission sees some- thing in the EIR that causes alarm from an environmental standpoint, this should be pointed out and noted, Commissioner Santero Mr. Santoro stated that he is recommending that when an environmental impact report is reviewed by the ECC, and there is a feeling that the report's adequacy is at question, that the adequacy issue be resolved with the Planning Commission, If it isn't resolved with the Planning Commission, then it goem to the Council for resolution. He is also requesting that the final EIR be made available to the public. The Council noted by the time the final EIR is completed, it has been has been approved, Library Environmental Commissioner Santoro stated that he Impact Report questioned the sewage treatment portion of the draft Library EIR and was told that no information was available; how- ever, the final EIR was modified, He interpreted this to mean that because of the new facility there was a require- ment to expand the treatment facility, Adjourned Special Meeting 4 April 14, 1975 Mayor Hamilton noted that the Council was aware of the fact that the Point Loma plant is inadequatei this is recognized~ Funds are being made available (by the Federal government and by San Diego) to increase the capacity or'that plant. Councilman Scott stated that the new facility would not be a requirement to expand the sewage disposal system in San Diego~ City Manager Mr. Cole remarked that EIRs are total documents, covering myriads of areas~ A rejection (by the ECC) may be based on one area only~ The City is aiming for a document that is adequate~ If the ECC doesn't agree with a portion of that document, that's what they should speak to - th~ document should not be rejected out of hand because there are probably portions, or even all of it, that are adequate. Legal opinion Mr. Beam stated that it is his opinion that the ECC can comment on whether or not they think projects can be approved; but, this comment should be separate from the adequacy of the environmental documents, including EIRs~ These are two separate issues,, just as they are separate before the Planning Commission and the City Council. It is his under- standing that the Environmental Review Policy provides for this right now~ Councilman Hyde Councilman Hyde asked the Director of Planning if the ECCts written comments could be a separate attachment to the EIRs (rather than being a part of the voluminous public testimony)~ Director of Planning Mr. Peterson stated that the ECC's posi- tion is summarized in the staff's report to the Planning Commission~ Motion for staff direction It was moved by Councilman Scott and seconded by Councilman Hobel that every- thing that comes from the ECC shall go to the body who has the jurisdiction; either to the Planning Commission for variances and conditional use permits, and to the City Council for all other matters. Both the minority and majority reports will be given to the Council as separate reports along with environmental impact statements~ Motion carried The motion carried by the following vote: AYES: Councilmen Scott, Hobel, tlamilton, Hyde Noes: None Absent: Councilman Egdahl Adjourned Special Meeting 5 April 14, 1975 COmmISSION VACANCIES The Chairman noted that there have been two vacancies on the Commission for some time~ He explained that the Commission has been encountering problems in conduct- ing Commission business (when one member is absent and there are dissenting votes, action cannot be taken). The members feel somewhat frustrated in this regard. The Council indicated that the two vacancies will be filled in the very near future. ENFORCEMENT OF CITY ORDINANCE The Chairman remarked that the present NO. 1424 "Beverage Container Ordinance" is not being enforced~ Signs are not being posted within establishments encouraging the purchase of returnable bottles (as designated within the Ordinance)~ Spe- cifically~ there are a number of "7-11" stores within the City that are not posiing signs. Additionally, they place a restriction on the amount of bottles that can be returned. The Commission feels that enforcement would be appropriate~ Acting City Attorney Mr. Beam noted that his office does not have the investigative staff available to study what is going on "in the field". A letter was forwarded to one "7-11" stere indicating that if they did not comply, they would be prosecuted under the Ordinance. It was his understanding that the establishment did comply. Councilman Scott Councilman Scott noted that the City Attorney's office does handle a lot of "barking dog prosecutions"~ He feels that enforcement of the Beverage Con- tainer Ordinance could be handled in the same manneri either by personal visits or letters from the Attorney's office~ Acting City Attorney Beam remarked that the Zoning Enforcement Officer informs his office of zoning violations and private parties frequently call with regard to noise oomplaints; but, in a situation where there t~e no complaints, and there is no staff assigned to 'look for viola- tions, his office has no way of knowing that there are violations. Council's suggestions Councilman Hobel suggested utilizing a and comments CETA employee to inventory the community, check for violations, compile a list and report back to the City Attorney's office for disposition. Councilman Hyde remarked that even thougb he agrees with Councilman Hobel's propogal to utilize a CETA employee, he ~eels that all ordinances should be either enforced or scrapped~ This falls within the province of the City Manager and the City Attorney to enforce the Ordinance. Adjourned Special Meeting 6 April 14, 1975 ASSEMBLY BILL 1037 As requested by the Council, the ECC has (Z~berg) studied and reviewed AB 1037 (which would prohibit detachable tops on aluminum containers). The Commission met in special session prior to the commencement of this meeting and voted unanimously to recommend that the City Council approve the bill and forward a recommendation to both Senator Mills and Assemblyman Deddeh to support such legislation. Motion to approve It was moved by Councilman Scott, seconded AB 1037 by Councilman Hyde and unanimously carried to support the recommendation of the ECC for approval of AB 1037~ PROPOSED EPA CHANGES In a letter to the Council~ the ECC REGARDING HOLDING TANKS recommended that the City Council write ON PLEASURE CRAFT to the Environmental Protection Agency expressing opposition of the City of Chula Vista to any regulation that would allow direct discharge of human waste matter into the oceans, bays or waters of the United States. The Commission also recommended that Council urge the EPA to maintain standards that w~uld protect the health of those who use the bays and waters for recreational reasons and that of the marine life found in these waters. Commissioner Hastings Mr. Hastings provided additional back- ground information at the request of Council. Councilman Scott remarked that he would like addLtionalinformation provided (staff to acquire the EPA regulations relating to sewage tr~mtment on navigable waters). A copy of this information should be sent to,the ECC and the City Council for comments as may be deemed appropriate; the ECC to pass ~lomg their recommendations after review; and ultimately to the City Council for decision. Motion for additinnal It was moved by Councilman Scott!, seconded information by Councilman Hyde and unanimoualy carried that additional information be presented to both the ECC and ultimately the City Council for dispasition. ~AYOR'S CO~4qENTS Mayor Hamilton offered his thanks to the ECC for attending this evening's meeting and stated ~hat it i~ his hope that there was enough open discussion to satisfy the concerns and questions of the Commis- sion, COUNCIL COMMENTS Councilman Scott commented that it was his opinion that this was a good meeting. He feels that deserved encouragement should be given for the long and hard hours the Commission devotes. Adjourned Special Meeting 7 April 14, 1975 Councilman Scott remarked that if the Commission has additional problems in the future, that the Council be notified directly rather by some other source, Clarification of newspaper Councilman Scott noted that he was in- article correctly quoted in a recent newspaper article,,, in fact, he made the motion to appoint a member of the ECC to the ERC, "in spite of the fact that the Committee meets during the daytime"~ Councilman Hyde Councilman Hyde commented that, earlier in this evening's meeting, the question came up as to whether or not there are differences between the responsibilities of the ECC and the Planning Commission. It is his feeling that the ECC can provide a different slant on EIRs than the Planning Commission does, Secondly, other items discussed tonight (for example, the bottle ordinance and the quality of water in the bay) are items that the Planning Commission would not be addressing itself to; this in itself is evidence of the necessity and the desirability of having the Environmental Control Commission~ COMMISSION COMMENTS in answer to an inquiry by Councilman Hyde as to the usefulness of the ECC's Ex-Officio Member to the Planning Com- mission, the Chairman remarked that several appearances have been made at those meetings. Other than giving comments, it has not been successful one way or the other, Mayor Hamilton remarked that the City Council, in its deliberations on various and sundry topics, does not always agree with the various City Boards and Commis- sions that have been set up to make recommendations into consideration. The Council views a broader spectrum of informa- tion in its deliberations which sometimes enters into their decision making~ Councilman Hobel Councilman Hobel asked how the Commission is enjoying their function as the Historical Site Board, The Chairman noted that two Saturdays have been devoted (by the members) to field trips to view proposed sites, Even though the new duties double the time needed, the members are finding this enjoyable and interesting, STAFF COMMENTS City Manager Cole commented that after the Mammoth decision, a relatively short time frame was placed upon the cities to comply. Adjourned Special Meeting 8 April 14, 1975 An ordinance was refined and adopted and today, Chula Vista is recognized (in the County and even further) as one of the leaders with a smooth system that addresses environmental problems and really works. ADJOURNMENT Mayor Hamilton adjourned the meeting at 8:42 p.m.