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HomeMy WebLinkAboutRCC MIN 1997/09/15MINUTES OF A SCHEDULED REGULAR MEETING Resource Conservation Commission Chula Vista, California 6:30 r.ivt. Conference Room #2 & 3 Mondav June 9 1997 Public Services Building CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:31 P.ivt. by Vice Chair Marquez. City Staff Environmental Review Coordinator Doug Reid called roll. Present: Commissioners Fisher, Marquez, McAlister, Thomas, and Yamada. Also present: Constance Byram, McMillin Co. and Jess Valenzuela, Parks & Recreation Dept. It was MSUC (Marquez/Yamada) to excuse Commissioner Burrascano who is on vacation; vote 5-0, motion carried. It was MSUC (Thomas/Marquez) to excuse Commissioner Hall who is out of town; vote 5-0, motion carried. APPROVAL OF MINUTES: It was MSUC (Thomas/Fisher) to approve the minutes of the meeting of March 24, 1997, with the following corrections: a. On page 1 under bullet #2, move the last sentence to follow the second sentence. b. Under bullet #6, change "these emissions" to "the emissions." c. On page 2, l.c. replace the word "natural" with "native." d. On page 3, #5, 5th sentence, replace "these seeds" with "this species." e. Under Commissioner's Comments, paragraph 2, the second sentence is corrected to read, "Ms. Marquez also mentioned that the Sweetwater Authority will be putting a demineralization plant at Sweetwater Road downstream from a potential source of pollution from SR-125. Chemical spills would threaten our water." Vote 5-0; motion carried. A copy of the corrected minutes of March 24, 1997, is attached. ORAL COMMUNICATIONS: None. NEW BUSINESS: Item #2 of the agenda was moved first. Discussion of Open Space Maintenance District: Jess Valenzuela discussed the various codes given to open space and park lands, with Code 1 being the manicured streets, medians, and parkways, and Code 5 being rural, primitive, and natural open space within the 35 total districts. He explained that most open space lands fall under this Code 5. Grading and trimming maintenance were reported to be the biggest expense to the park system. Commissioner Thomas requested that Mr. Valenzuela address the issue of dust control, specifically as it affects plants (i.e., oleander) which are infected with bacteria in open space areas. Discussion was held on management of other invasive plants and concern was raised that stricter rules be enforced for Code 5 areas within open space preserves. Mr. Valenzuela stated the parks department staff does the landscaping maintenance to curtail the invasive plants as well as handle brush management for fire prevention. Resource Conservation Corrnnission Page 2 Ms. Constance Byram presented the history and background of the Oak Preserve in Rice Canyon which was originally a teaching canyon for Southwestern Satellite School. The area was declared a California State Oak Preserve while the property was owned by McMillin. McMillin is attempting to have Discovery School continue maintaining the oaks in the preserve. The current deteriorated metal signs will be replaced. 2. Review of Negative Declazation IS-97-19: Mr. Reid reported on the negative declaration. Concern was raised on off-site mitigation for the loss of coastal sage scrub through the Marron Valley Preserve. It was felt by RCC that to mitigate in Marron Valley is biologically inappropriate. After a brief discussion, it was MSUC (Yamada/Thomas) to accept the negative declaration with the recommendation that for all environmental impacts within the City of Chula Vista, mitigation be sought to be contiguous or adjacent to open space within the City of Chula Vista and any recommendations made by the paleontologist be complied with prior to continued grading on this site; vote 5-0, motion carved. 3. Review of Planning Commission Agenda for June 11, 1997: a. Public Hearing: SUPS-96-06; Request for a special use permit to continue storage yard at 2451 Faivre Street - No action by RCC. b. Public Hearing: PCA-97-O5; Consideration of amendment to Sections 19.22.170 and 19.64.180 of the Municipal Code - No action by RCC. c. Public Hearing: PCM-94-04; Consideration of a street name change from East Orange Avenue to Olympic Pazkway between I-805 and Wueste Road - No action by RCC. d. PCM-96-24; Noticing procedures for public hearings -The current notification procedure was reviewed. After a brief discussion, it was moved and seconded (Marquez/Thomas) to extend the area of notification to 1000 feet to ensure maximum public notification; vote 4-1 (no -Fisher; he felt there are more effective ways of communication). STAFF REPORT: 1. Eastlake directional signs: It was reported that: (a) some signs are in the County of San Diego and not within the City of Chula Vista jurisdiction, (b) some signs along Telegraph Canyon Road were in the County's jurisdiction when posted, but the area was recently annexed; and (c) other signs were installed without permission from the City of Chula Vista. Eastlake has filed for conditional use permits for offsite subdivision directional signs but may not all meet the regulations set forth by the City. Staff will continue to follow up on this issue of excessive signage along Telegraph Canyon/Otay Lakes Road and report to the RCC. Resource Conservation Commission Page 3 2. Grading near Archway Inn: This area is a utility easement for the Elks Lodge. It did take some scrub and plans are to revegetate onsite. $10,000 Grant to City of Chula VistaNCSD: Bob Leiter's report was that this was a statewide grant and that the funds will be for promotional use for UCSD. CHAIRMAN'S COMMENTS: Staff reported the budget is the same as last year's, with the historical signs budget added into the RCC for this current fiscal year. COMMISSIONER'S COMMENTS: Commissioner Fisher requested that the Planning Department look at remonitoring the maintenance and monitoring reports in the revegetated areas. He stated projects such as Church of Joy, Olympic Training Center, SPA III, and East H Street purchased off-site. Comrrussioner Thomas shared an article from the Environmental Review dealing with gas- powered engines, leaf blowers, outboazd motors, riding mowers, and other contributing CoZ emissions. She also handed out a list of Environmental Organizations of San Diego County. Commissioner Marquez reported that Chair Burrascano presented the Environmentalist of the Yeaz awazd to Bazbara Moore. She also reminded members that Bazbara Hall's term on the Commission expires June 30. ADJOURNMENT: The meeting was adjourned by Vice Chair Marquez at 8:50 P.M. Respectfully submitted, EXPRESS SECRETARIA~.~SERVICES ~~1z~1U>i/c .fz~J~ Bazbaza Taylor MINUTES OF A SCHEDULED REGULAR MEETING Resource Conservation Commission Chula Vista, California 6:30 P.M. Conference Room #5 Monday, August 11, 1997 Public Services Building CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:30 P.M. by Chair Burrascano. City Staff Environmental Review Coordinator Doug Reid called roll. Present: Commissioners Burrascano, Hall, Marquez, McAlister, and Thomas. Also present were: Chazles Bull, Mr. & Mrs. Bustamante, and Mr. Matt Peterson ofPeterson-Price. It was MSUC (MarquezBurrascano) to excuse Commissioners Yamada due to a family commitment and Fisher due to a business conflict this evening, and to excuse Commissioner Fisher from the July 21 meeting due to the birth of his baby; vote 5-0, motion carried. APPROVAL OF MINUTES: It was MSUC (Ha1lBurrascano) to approve the minutes of the meeting of July 21, 1997 with the following corrections: a. Under New Business, paragraph 1, the third sentence should read: "He stated that a `University Task Force' was established to work with the City to tie in the University of California Chula Vista site planning with all preserve planning ... " Line 10 is reworded with " ...approve the MSCP to be allowed to take on the gnatcatcher." b. Under paragraph 3, line 2, delete the words "Fenton Material Company." c. Page 2, line 2, replace with "Due to the number of problems ...and inadequate time for review just prior to the meeting, ... " d. Under Staff Report, paragraph 2 is deleted in its entirety and replaced as follows: MMP Reports -Concerns were raised that mitigation reports be kept up to date. It was explained that the Olympic Training Center reports were late due to the OTC not having available funds to prepare them on a timely basis; funds were just recently received. In Rancho Del Rey, RCC had requested reports be provided on mitigation monitoring for the gnatcatcher but they were not current. Mitigation was done but had failed and will be done again later. A September 1994 included a revegetation plan that was submitted by RECON. The plant pallet element of revegetation plan will be modified. In other projects where mitigation was required, a system exists to ensure mitigation has been met; however, it is difficult to track and enforce if not completed. Mr. Reid pointed out that the City did withhold some building permits. e. Under Commissioner's Comments, the second sentence should read: "They noted that a Planning Commission member told them that they receive only the action taken by RCC without comments to accompany the reasons for the action." f. On page 3, just prior to the vote, insert after the word "review": "because reports were received just prior to the meeting." Vote 4-0-1 (Thomas abstained due to absence from the July 21, 1997 meeting); motion carried. Resource Conservation Commission Page 2 ORAL COMMUNICATIONS: Mr. Charles Bull was introduced as the new RCC member replacing Barbaza Hall. He will be sworn in at the next Council meeting. NEW BUSINESS: The item on Recycling Market Development Zone was moved up on the agenda to #l. Michael Meacham presented an overview of this state-funded program. He noted that with regazd to energy discounts, those businesses within the zone who use new or additional electricity would receive the 15% discount. Commissioner Marquez did not feel that the City should be involved in this type of business enterprises. Mr. Meacham stated that the Community Development has been tasked to coordinate these types of projects. He answered questions on the benefits of recycling and developing mazkets of this program. It was noted that Organic Recycling West was an example of one business which benefitted from utilizing post-consumer materials. Commissioner Thomas felt that this program was good for the local economy. Mr. Meacham reiterated the benefits to the City. As an example, he explained that of the $650,000 received for the County in oil grants this past year, nearly $500,000 of those funds were spent just in Chula Vista. A motion was made (Thomas/Hall), to recommend that Council endorse the City's addition to the Recycling Market Development Zone and approve the Memorandum of Understanding between the City of Chula Vista and the City of San Diego that will establish the framework for an application to the state for zone redesignation. Vote 4-1; No - Mazquez felt there was potential for environmental damage in utilizing post-consumer waste and did not feel the City should be involved in this enterprise but to let other entities handle this type of program; motion cazried. 2. Review of Negative Declaration IS-96-08; CMI Truck TerminaUTrailer Storage: Matt Peterson ofPeterson-Price, represented CMI Trucking. He stated that the applicant and operator signed off on the mitigated negative declaration. There were no comments received from area residents; however, some complaints went to APCD regarding high amounts of dust. Several other concerns were raised by the RCC as follows: a. With regard to the Wetland Monitoring Report, no 12-month report was submitted and it is unknown whether vegetation monitoring was completed according to plan. Reports were submitted in July and September 1996 but no 12-month report had been reviewed by the RCC. Commissioners felt that there did not appeaz to be any plan to follow up on compliance with mitigation. b. This site is located on the border of the green belt. RCC was concerned that excessive dust affects the surrounding wetlands and vegetation along the Otay River. Mr. Peterson stated CMI had been spraying magnesium chloride (listed on the dust control list as acceptable) onto the ground leading onto the lot and on the dirt lot itself and there has been no complaint of dust since then. He stated the "Dust Control Agents" list was generated by an air quality specialist and verified by biologists. RCC felt that some of the items listed, especially those containing hydrocarbon or freon, were illegal. They were concerned that the sprays may affect groundwater and possibility for salt water intrusion Resource Conservation Commission Page 3 exists in the adjacent wetlands. Mr. Peterson confirmed that if impacts were identified the spraying would be discontinued; however, the RCC felt that once the wetlands were destroyed there is no time to recoup the land and habitat. c. The late hours of operation for trucks located within a residential area was a concern. Mr. Peterson reported there was decreased traffic in the evening. No complaints were received from residents. d. The speed of truckers became a safety issue and speed bumps will be built for compliance to the negative declaration. e. Commissioner Thomas raised further concern with dust; specifically, that no tests were conducted for the San Joaquin Valley Fever spores which are fairly common in this area. She suggested a good ground cover or gravel be used to minimize the dust onto the roadway and to prevent dust from spreading. f. A question was raised whether a silt fence was required as part of a previous permit. The current mitigation states the silt fence should be constructed to prevent oil and silt run- offto the River. The approval of a Special Use Permit was granted without confirmation the siltation fence was adequately constructed and preventing any run-off g. The RCC raised concerns about the effectiveness of the mitigation monitoring program. They questioned how CMI was allowed to continue its operation two years after the expiration of its Conditional Use Permit and remained out of compliance on many issues and with the previous permit. A motion was made (Thomas/Mazquez) to recommend that Council deny the negative declazation as described as it is too close to the Otay River, is located within a mixed residential and industrial area, and the environmental consultant's reviews need to be more specific on monitoring and time lines; vote 3-2 (Ayes: HalUThomas/Marquez; Nos: McAlisterBurrascano), motion failed. A second motion was made (Burrascano/McAlister) to recommend the Planning Commission enforce the one-year time limit and that unless all mitigation is met, no permit be allowed; the current structure of dust, siltation, oil, wetland impact, reports not timely submitted, no monitoring taking place, and expiration of CUP are not in compliance with negative declaration; vote 3-2 (Ayes: Burrascano/Hall/McAlister, Nos: Thomas/Mazquez•, motion failed. A third motion was made (HalUThomas) to recommend to the Planning Commission to review and approve the safety of listed dust control agents for health and environmental considerations. The RCC requested the City impose strict requirements for mitigation monitoring reports and then forward comments back to RCC. They also noted the CMI Trucking's past performance shows consistent noncompliance. Vote 5-0, motion carried. A fourth motion was made (Marquez/Hall) to recommend to the Planning Commission the following: (a) that no extension of the special use permit be granted due to non- compliance of the Conditional Use Permit; (b) late hours of operation and residential use is unacceptable; (c) request the 12-month mitigation monitoring report that is overdue be delivered before the Planning Commission makes its decision; (d) if negative declaration is Resource Conservation Commission Page 4 approved to require the mitigation monitoring report be submitted to RCC within 3 months confirming placement of siltation fence and that dust control measures are met; (e) conduct community survey with regard to its concerns as part of the mitigation process showing compliance of reduction of dust, speeding, noise, and truck access from Jacqua Street. Vote 5-0, motion carried. Review of Negative Declaration IS-97-23 - Bustamante Residence. Present were the applicants, Mr. and Mrs. Bustamante. It was MSUC (Thomas/McAlister) to recommend approval of the negative declaration; 5-0. 4. Review of Planning Commission Agenda -completed with current agenda items. Election of officers - It was MSUC (Marquez/McAlister) to continue this item to the next meeting when all members are present, vote 5-0, motion carried. 6. Meeting Schedule - It was MSUC (Marquez/Burrascano) to change the RCC meetings to meet on the Monday one week prior to the Planning Commission's meeting; Staff to take appropriate legal measures for the change in meeting date; vote 5-0, motion carried. STAFF REPORT: The new Acting Director of Planning is now Ken Lee; Duane Bazzell is the Temporary Acting Assistant. CHAIRMAN'S COMMENTS: Chair Burrascano welcomed Charles Bull as the new member of the RCC and congratulated Barbara Hall for her yeazs of service and dedication. COMMISSIONER'S COMMENTS: Bazbaza Hall expressed her thanks to the Commissioners for their work together over the yeazs. She also requested that she continue to be sent a copy of the Agenda. Commissioner Thomas mailed Task Force reports to Staff from Kern County Public Health to possibly compare and contrast the City ordinances and adapt to its own as necessary and appropriate. On behalf of the RCC, Commissioner McAlister wished to extend condolences to Councilman Steve Padilla's mother who passed away last week. A moment of silence was held. ADJOURNMENT: The meeting was adjourned by Chair Burrascano at 8:50 P.M. Respectfully submitted, EXPRESS SECRETARIAL SERVICES Barbara Taylor , ," { ._._, `~\ ~ ~ f1, ci__ ,~_/ ~