HomeMy WebLinkAboutRCC MIN 2004/03/15MINUTES OF A REGULAR MEETING OF THE
RESOURCE CONSERVATION COMMISSION
March 15, 2004
Ken Lee Building Conference Room
430 "F" Street
MEETING CALLED TO ORDER by Chair Teresa Thomas at 6:04 p.m.
ROLL CALL/MOTION TO EXCUSE
MSC (Reid/Bensoussan) to excuse Commissioner Juan Diaz. Vote: (5-0-0-1)
with Chavez absent.
MEMBERS PRESENT: Chair Teresa Thomas, Vice-Chair Doug Reid,
Commissioners Pamela Bensoussan, Stanley Jasek, Tracy
Means and John Chavez (6:09)
STAFF PRESENT: Marilyn Ponseggi, Environmental Review Coordinator
Paul Hellman, Environmental Projects Manager
Maria Muett, Associate Planner
Lynn France, Conservation Coordinator
Linda Bond, Recording Secretary
OTHERS PRESENT: Gabriel Solmer, San Diego Baykeeper
Laura Hunter, Environmental Health Coalition
Yung Chang, IS-04-016 applicant
APPROVAL OF MINUTES: February 2 and 16, 2004
February 2, 2004 Minutes
MSC (Jasek/Reid) to approve the minutes of February 2, 2004. Vote: (4-0-1-2)
with Bensoussan abstaining and Diaz and Chavez absent.
February 16, 2004 Minutes
MSC (Jasek/Reid) to approve the minutes of February 16, 2004. Vote: (4-0-1-2)
with Bensoussan abstaining and Diaz and Chavez absent.
ORAL COMMUNICATIONS: None.
RCC Minutes - 2 - March 15, 2004
OLD BUSINESS
1. September 15, 2003 Minutes
Ms. Marilyn Ponseggi (Environmental Review Coordinator) stated that the RCC
made revisions to these verbatim minutes. The Attorney's Office has advised that
changes cannot be made to verbatim minutes. Ms. Ponseggi and Ms. Linda Bond
(Recording Secretary) listened to the portions of the tape questioned by the RCC.
Corrections were made to the minutes where it could be confirmed by listening to the
tape that an error had been made. The corrections are denoted by
strikeout/underline.
Commission Comments
Chair Thomas asked if summary minutes could be prepared and if the RCCs
verbatim comments could be included in the EIR. Ms. Ponseggi stated that, because
the RCC requested verbatim minutes and had already approved them, summary
minutes could not be prepared at this point.
Commissioner Bensoussan pointed out two typos, which would be corrected.
Chair Thomas requested that she and Commissioner Bensoussan receive copies of
Final EIR-04-01.
2. Environmentalist of the Year and Historic Preservationist of the Year
Proclamations
Chair Thomas handed out both proclamations and read the proclamation for Pamela
Bensoussan as Historic Preservationist of the Year.
Staff and Commissioners recommended corrections to the proclamation.
MSC (Means/Thomas) to adopt the proclamation for Pamela Bensoussan as
Historic Preservationist of the Year. Vote: (5-0-1-1) with Bensoussan
abstaining and Diaz absent.
Chair Thomas stated that if any revisions to Michael Meacham's proclamation as
Environmentalist of the Year are necessary, Ms. Bond could make such revisions. If
substantial changes are necessary, Chair Thomas asked that this item be brought
back to the RCC for discussion during their next meeting.
MSC (Reid/Jasek) to adopt the proclamation for Michael Meacham as
Environmentalist of the Year. Vote: (6-0-0-1) with Diaz absent.
RCC Minutes - 3 - March 15, 2004
3. Proposed Revisions to the Environmental Review Procedures of the City of
Chula Vista
Mr. Paul Hellman (Environmental Projects Manager) reported that this item was first
discussed at the February 2, 2004 RCC meeting. There was a request at that time to
provide a better description of the current EIR public review process. In response to
that request, Mr. Hellman prepared a flowchart, which he handed out at the February
16, 2004 RCC meeting. The flowchart illustrates the public review process for a
typical EIR. The only difference in the process that would result from the proposed
revisions would be the elimination of the public hearing to close public review.
Commissioner Bensoussan asked if, in place of this public hearing, it could be made
known to people that they have the opportunity to provide comments at the time of
the RCCs consideration of the EIR? Ms. Ponseggi indicated that the RCC does not
have the authority to hold noticed public hearings.
Mr. Hellman stated that, although several revisions are proposed, this particular
revision was the only one that the RCC seemed to be opposed to. This item was
continued in order to let members of the public have a chance to attend the meeting
and participate in the discussion.
Chair Thomas requested that all references to the word "may" be changed to "shall"
in the Procedures. Ms. Ponseggi pointed out that that is not a part of the proposed
amendment. She suggested that, if Chair Thomas wanted to make that a part of a
future amendment, it could be included in whatever action the RCC took.
Commissioner Chavez also had difficulty with the word "may" because, if the
Planning Commission hearing is eliminated, then it makes the RCC hearing optional,
then there is no public hearing. There is public notice; there is a public comment
period, but there is no gathering where the public may input their information. The
draft hearing that is being eliminated is the hearing that has the most teeth in it as far
as the public is concerned with regard to the EIR process. The draft hearing is as
important if not more important than the final EIR hearing.
Ms. Gabriel Solmer (San Diego Baykeeper, 2924 Emerson Street, San Diego, CA
92106) presented her analysis of the proposed changes and her concerns. She
recommended that, when there is significant public input, there is time to incorporate
those comments in whatever form is chosen. She encouraged the retention of the
public hearing to close public review.
Ms. Laura Hunter (Environmental Health Coalition, 1717 Kettner Blvd., Suite 100,
San Diego, CA 92101) stated that the City's current procedures go above and
beyond the minimum public review requirements of CEQA and suggested that the
current process be retained. She stated that, although it may be easier for staff to
respond to written comments, it is not easier for all members of the public to prepare
written comments. She stated that she is very concerned about the potential
RCC Minutes - 4 - March 15, 2004
elimination of a public hearing prior to final action on a project. She stated that she
does not want public participation reduced or the elimination of the acceptance of
oral comments on draft EIRs.
Committee Comments
Chair Thomas questioned the 45-day review period for draft EIRs. She requested
that it be stated as 45 business days not calendar days. Ms. Ponseggi stated that
Chair Thomas could make that recommendation, but informed her that the public
review periods specified under CEQA are based on calendar days not business
days.
Commissioner Chavez stated that he supported streamlining the process where
appropriate; however, he felt that the proposed elimination of the only public hearing
the public has to provide input that must be responded to is an overreaction.
MSC (Chavez/Reid) that the RCC recommend that the City Council not adopt
the proposed revisions based upon the lack of a requirement under the
adopted and proposed procedures for the RCC to review and make
recommendations on the adequacy of all draft EIRs and the elimination of the
opportunity for the public to provide oral comments on draft EIRs, but not
solely for those reasons. Vote: (fi-0-0-1) with Diaz absent.
NEW BUSINESS
4. IS-04-016 -Rodeway Inn Expansion, 772 & 778 Broadway
Ms. Maria Muett (Associate Planner) reported that the 0.99-acre project site is
comprised of two parcels. Each is developed with individual hotels, one is currently
in operation (Rodeway Inn) and one is not (Moana Court Hotel). The proposed
project includes the demolition of the vacant Moana Court Hotel, the addition of 22
new guest units, 71 parking spaces, landscaping and 6- to 9-foot high masonry
walls. Issues of concern were aesthetics and hazardous materials. Because of
security concerns, the applicant has agreed to construct a 9-foot masonry wall along
the western property line between the proposed project and single-family
residences. The hotel to be demolished potentially contains asbestos and lead-
based paint, which could be released if not properly abated. This has been mitigated
through a mitigation measure that will require a licensed and registered contractor to
perform the work if the presence of these two components is determined.
MSC (Chavez/Reid) that the RCC determine that the Initial Study is adequate
and recommend that the Mitigated Negative Declaration be adopted. Vote:
(6-0-0-1) with Diaz absent.
RCC Minutes - 5 - March 15, 2004
5. Multi-Family Recycling Program
Ms. Lynn France (Conservation Coordinator) reported that, given the success of the
single-family residential single-stream recycling program, staff proposes to extend
this program to multi-family residential developments. The City and Pacific Waste
have been working out the details. The program rollout would include public
education materials and resident meetings. Ms. France brought this item before the
RCC to see if they had any questions or comments before this program is taken
forward for City Council consideration.
MSC (Reid/Means) to recommend and support the multi-family residential
single-stream recycling program. Vote: (6-0-0-1) with Diaz absent.
ENVIRONMENTAL REVIEW COORDINATOR COMMENTS
November 17, 2003 Minutes
Ms. Ponseggi stated that the RCC had asked for clarification as to what was said about
the Sister Cities monument. These minutes had been approved pending staff going
back and listening to what was said. Ms. Bond listened to the tape, and the only
references that were made to the Sister Cities monument are the two underlined
paragraphs that have been included in the minutes.
Ms. Ponseggi distributed copies of the "RCC Traffic Workshop" presentation that the
Engineering Division had presented to the RCC at their December 1, 2003 meeting.
CHAIR COMMENTS
Chair Thomas asked for clarification regarding the protocol for public notification of
Growth Management Oversight Commission meetings. She noted that the meeting
tomorrow night is with the Growth Management Oversight Commission and Sweetwater
Union High School District. Ms. Ponseggi stated that the meeting is probably a School
Task Force meeting. She suggested that Chair Thomas contact Dan Forster (Senior
Planner) who might be able to tell her more about that.
Chair Thomas felt the City needs a better system in letting the public know ahead of
time when public meetings are going to be held. Ms. Ponseggi indicated that the posting
of meeting notices on the City's website is in the process of being put in place.
COMMISSIONER COMMENTS
Commissioner Bensoussan attended a workshop where a portion of the presentation
was on the Western Salt Works. EDAW prepared an impact study for CalTrans that
found the Salt Works to be a historically significant industrial cultural landscape.
Fourteen different features of the Salt Works complex were isolated, and EDAW found
that 10 of those features were historically significant as an industrial cultural landscape.
RCC Minutes - 6 - March 15. 2004
Commissioner Bensoussan stated that a copy of the study had been sent to Ms.
Lynnette Tessitore-Lopez (Associate Planner).
Commissioner Chavez updated the RCC on the South Bay Power Plant presentation.
The Environmental Health Coalition person had a death in his family and had been
away for a while. Commissioner Chavez would coordinate with him over the next week
or so. Ms. Ponseggi indicated that, if he were looking to put this item on the April 5`n
agenda, it would be the only item. If not, staff would probably cancel that meeting.
Commissioner Means and Chair Thomas indicated that they would not be able to attend
the April 5`n RCC meeting. Ms. Ponseggi asked if the Commissioners wanted to cancel
the meeting for April 5, 2004. They agreed by common consent.
Commissioner Chavez indicated that he would work toward scheduling the workshop for
the April 19, 2004 RCC meeting. Ms. Ponseggi asked Commissioner Chavez to let her
know if that was going to be the date for the workshop so that she could move the RCC
meeting to a larger conference room.
ADJOURNMENT: Chair Thomas adjourned the meeting at 7:52 p.m. to a regular
meeting on Monday, April 19, 2004, at 6:00 p.m. in the Ken Lee Building Conference
Room, 430 "F" Street, Chula Vista, CA 91910.
Prepared by:
Li a Bond, Recording Secretary
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