Friday, September 11, 2009

August 12, 2009 Minutes

GREATER GOLDEN HILL PLANNING COMMITTEE MINUTES

August 12, 2009

Meeting held at Balboa Park Golf Course Clubhouse – Golf Course Drive

Call to order at 6:33 pm by Chair C. Blatt. Agenda had been posted in accordance with Brown Act.

Members present: Ruchell Alvarez, Richard Baldwin, Chris Blatt, Scott Glazebrook, Frederick Ruffell, David Skillman, Marie Skillman, Angela Vasconcellos. Dave Caldwell, Carole Caffey, Anita Margolis arrived later. Members absent: Laurie Burgett, Maureen Burke, Richard Santini

Treasurer’s Report: no report

Community Police Officer: Officer John Graham reported that local crime stats are good; there have been few burglaries or car thefts. Car thefts are up in areas to the South of GGH.

City Council District 3: Anthony Bernal. Reported that the City Council is on recess this week. Councilman Gloria hosted a community coffee at Alchemy on 8/1 and received good information from the 15 people in attendance. New website www.sandiego.gov/citycouncil/cd3/ includes Gloria’s blog.

City Council District 8 - Diana Jurado-Sainz. City Attorney has sent a letter to the owner of 2695 C Street (across from Post Office); the judge gave owner until 9/9 to make the property comply with City codes. Eric Picou of Code Compliance has worked with Councilman on this. They are hoping that a trial date will be set soon on the Edgemont house issue.

53rd Congressional District - Katherine Fortner: Passed out flyers with Rep. Davis local meeting schedule for August, and information about health care reform. Nick Norvell at District 53 office is working with Post Office District Manager on possible closure of George Washington Station at 26th and C Streets. He will be discussing the situation with union members, etc. as well. Public input is encouraged.

Mayor; 76th Assembly District: no reports

Approval of Minutes: Margolis pointed out that the July minutes as distributed had as attachments 2 copies of Draft CPUAC Selection Procedures, instead of a copy of the Final version and a copy of the Draft version. Motion, Margolis, second D. Skillman to approve as amended (with correct attachments); all in favor. (Blatt, Caldwell, Vasconcellos abstained as they were not at the meeting)

Public Comment.

Joyce Summer, CCDC: Task force on Homeless is reviewing the 4 Proposals the received for permanent shelter. This will not go into effect in time provide a winter shelter this year, so they are looking for a location. New library got a 1-year extension to get plans in place. Still working on Convention Center plan. CCDC lost $48 million in State funding. North Embarcadero Plan and Railway Quiet Zones are not affected as funds were previously set aside for those projects. CCDC is sponsoring free movies at the Park in the Park and Downtown Sound Bites on the 1st Tuesday at lunchtime. Passed out Downtown Today and Yesterday postcards and Downtown maps.

INFORMATION ITEMS:

Chairs Report/Mail. Baldwin attended the CPC meeting on behalf of the GGHPC. Discussion items included the process for projects with many variances and the overall plan for San Diego River. Caffey attend the Police Captain’s meeting on 7/28. Discussion centered on issues in dealing with the homeless population.

Clean, Green and Safe (MAD) Oversight Committee. Caffey reported they hope to schedule a workshop on the Engineer’s Report during the week of 8/25. ER is posted on MAD website www.ghcgs.org. MAD is seeking ideas for projects for the coming year – contact Pedro Anaya at CDC with any ideas. Assessment for the coming year was reduced 50% since there were funds remaining from prior year. Ruffell asked if MAD was responsible for street trees on Fern Street; they are not. Bernal agreed to check into City responsibility. Margolis asked if there was a list of current projects, and suggested firebreaks in canyons. Tershia D’Elgin noted that the City has a brush management program in place.

1159 24th Street Map Waiver. Property owner’s representative gave a brief explanation of the project, a 4-unit apartment to condo conversion. The map waiver requested relates to wiring between the street and the building. No subdivision map is required for this size of project. Caldwell took information and the project will be heard at Land Use Subcommittee on 8/26.

Land Use: Glazebrook reported that Casa Reposa did not appear at Land Use committee 7/29.

ACTION ITEMS:

Community Plan Update Advisory Committee (CPUAC) Bernie Turgeon:

Turgeon passed out an information sheet about Conflict of Interest, citing City Council Policy 600-24. He believes the word “fiduciary“ is inappropriate in the sentence “Individuals with direct fiduciary conflicts of interest are ineligible to serve.” in the Selection and Eligibility section of the GGHPC CPUAC Selection Procedures approved at the July meeting. Motion by Alvarez, second Baldwin, to amend the document by deleting the word “Fiduciary”; all in favor. Motion by Margolis to attach City Council Policy 600-24 to the GGHPC CPUAC Selection Procedures died for lack of a second. It was noted that the Procedures refer to CP 600-24. Copy of amended document found at end of these minutes.

Outreach is continuing to fill the business seats on the CPUAC. Turgeon will send the Selection Procedures to all applicants. The date 9/9 from 5:30 – 6:30 pm (before GGHPC regular meeting) was selected for the potential lottery for CPUAC public seats. Turgeon will forward copies of applications to GGHPC members in advance of that meeting. Motion by D. Skillman, second Glazebrook to amend the GGHPC CPUAC Selection Procedures to change cutoff date for applications from 8/18/09 to 9/2/09 (an additional 3 weeks) was approved 9-1 (Alvarez against).

The kickoff meeting of the CPUAC was tentatively scheduled for 9/30/09, after the regular Land Use Subcommittee meeting.

Letter - Comments on PEIR of City of San Diego Master Storm Water System Maintenance Program (MSWMP): Tershia D’Elgin and Marc Kratzschmar

Presented a letter they had drafted to M. Hermann of the City Development Services Department (Copy of letter at end of these minutes) as part of the public comment on the PEIR. Their concern is about the impact of proposed dredging and removal of vegetation in canyons. Canyons are already eroding and nothing is being done or proposed to be don about replacing vegetation that is disturbed in the process. Concern is also that no community input would be required before proceeding with the work, and this Plan would be in place for 20 years.

Jurado-Sainz spoke, noting that, especially in some of the canyon areas farther downstream from our community, the City must do this dredging and removal of vegetation to comply with State regulations concerning water quality; to fail to do so would result in huge fines. Also, some creek areas have issues with trash in addition to the invasive vegetation. Those communities at the end of the creeks may actually want this type of cleanup in their area.

There was discussion that mitigation is not being done in the most useful neighborhoods. Key items pointed out by D’Elgin and Kratzschmar were (1) why rush this plan into place? (2) community input should be allowed (3) mitigation should be here, not elsewhere in the city (4) city should be open to alternatives to dredging.

Motion by Baldwin, second D. Skillman, that GGHPC write a letter in support of the draft letter to M. Hermann; all in favor. Blatt and Glazebrook will prepare the letter and send it before the 8/21 deadline of the comment period.

Letter – Proposed Closure of George Washington Post Office: Tershia D’Elgin: Presented a draft letter to elected officials protesting closure of our local Post Office at 26th & C Streets. Caldwell stated that he had heard that the Post Office is paying $11,000 per month rent for the property, which may be a factor. Glazebrook noted that some residents in that area would like to see the property returned to residential use. Many possible solutions were discussed. Nick Norvell at Rep. Susan Davis office (619-280-5353) is working with local postal officials on this issue.

Election of a Vice Chair. According to the by-laws, GGHPC officers include a vice chair, elected annually. With Chairman Blatt traveling often recently, someone is needed to chair meetings in his absence and to attend CPC meetings. After much discussion, it was determined that the vice chair would only be responsible for running the meetings. Caldwell, Ruffell and D. Skillman said they would consider that position. Motion by Margolis, second Ruffell, that D. Skillman be elected vice chair; all in favor.

Motion by Margolis, second Ruffell, that an action item will be placed on the agenda for next month to elect the CPC Alternate, all in favor. Baldwin is considering that position.

Turgeon agreed to email a copy of the by-laws to all GGHPC members, as well as the amended CPUAC Selection Procedures.

SUBCOMMITEE REPORTS.

Membership and Elections: Vasconcellos asked members to let her know which committees they wish to work on. She will provide a list of current committee membership by the next meeting.

Airport Noise: meeting date has been changed to 4:30 pm on the 3rd Wednesday of each quarter.

Balboa Park: Burgett’s term will expire by March. She will be asked to describe the duties at the September meeting.

Meeting adjourned at 8:15 pm. (motion D. Skillman, second Caldwell, all in favor)

ATTACHMENT 1.

DRAFT LETTER RE: PEIR/WASTE WATER

Myra Hermann, Environmental Planner

Development Services Department

City of San Diego

1222 First Avenue, MS 501

San Diego, CA 92101

SUBJECT: Comments on PEIR for City of San Diego Master Storm Water System Maintenance Program (MSWMP)

Dear Ms. Hermann,

Greater Golden Hill Planning Committee thanks you for the opportunity to review and comment upon the PEIR for Master Storm Water System Maintenance Program. We are concerned that:

· The program does not address the sources of downstream sedimentation that issue from upstream neighborhoods and canyons

· The mitigation proposed in the PEIR is inadequate especially in our community

· The proposed rules allow city officials to damage our environment without letting us know

· The program and PIER do not consider less damaging alternative approaches

In recent years, our committee and well as Golden Hill residents and business owners have become increasingly aware of the importance of green space to the quality of life in our neighborhoods. We strongly support the restoration of nearby canyons and will give high priority to the revitalization and maintenance of the “urban forest” during the process of updating the Greater Golden Hill Community Plan.” We have an abiding interest in minimizing hardscape and in maximizing vegetation and natural resources in our community. We would like to continue improving the wetlands and canyons within and around Golden Hill. All these activities will increase storm water infiltration and reduce runoff as well as sedimentation. Desirous of more parkland, we would like the opportunity to explore the bioremediative and recreational merits of wider naturalized storm channels, which are, in essence, former streambeds. Our objectives strive to minimize erosion, sedimentation and flooding, both in Golden Hill and downstream. Yet, the PEIR Program seems not to support these objectives, nor imperatives for addressing water conservation, water quality and climate change.

The PEIR does not identify less-environmentally damaging alternatives. Avoidance is the prime objective of the 404 permitting process, yet the PEIR does not include flood avoidance alternatives that would improve stormwater retention within watersheds, such as a) retooling already developed communities such as ours with Low Impact Development retrofits, particularly near canyon storm water outfalls, b) installing check dams and revegetating canyons with dense wetland vegetation, and c) removing concrete and restoring natural streams, engineered to manage storm flows. It does name but dismiss as infeasible widening flood conveyances so more vegetation can be retained. Since Golden Hill’s flood conveyances abut public land, the stated “social and economic costs” do not apply. Widened flood conveyances should be identified in the PEIR.

It is our observation that the MSCP consistency evaluation is inadequate. Even though storm channel maintenance is an allowed use under the MSCP, the projects will certainly greatly disturb wildlife corridors such as Juniper Canyon’s. The PEIR does not include comprehensive restoration criteria as it supposed to, nor cost/benefit analysis. The program must be revised to diminish the conflict with the MSCP.

Having experienced the cost and complication of correcting impacts, we are concerned, as is the Army Corps, that the PEIR’s proposed mitigation is inadequate. Because the proposed mitigation will not offset the severe ecosystem disturbances or water quality impacts of the project where they occur – either in the channels or in the access to the channels -- initial impacts will expand in scope and severity. It is our experience that disturbed habitat leads immediately to more erosion and worse water quality, followed by invasions of fire-prone weeds, trash, homeless/drug encampments, crime, and the blight that we are working hard – without much municipal assistance – to overcome.

City of San Diego practices that degrade Golden Hill canyons have already obliged the community to address the impacts by raising its own money and by employing maintenance assessment district assessments. Our community and its taxpayers are loath to be saddled with more unaddressed damages. We question the wisdom of a twenty-year programmatic EIR that eliminates public review for specific areas. We would like an opportunity to review and comment upon documented annual plans describing the justification for cleaning, the cleaning locations, hydrology, methods, access, and environmental impacts in Golden Hill. Further, the mitigation for impacts to our community should be in our community, not elsewhere. Why is there no mitigation in the Pueblo San Diego Hydrologic Unit? Being within the Chollas Creek drainage, we are acutely aware of the many opportunities for mitigation right here.

We understand that the city has applied for a 404 permit before CEQA hearings have taken place, and request that they be stopped until the appropriate stage of the environmental review process. We look forward to an amended program consistent with global goals for greenhouse gas reduction, water conservation and water quality, as well as a program respectful of community stewardship.

Thank you sincerely,

cc: Senator Chris Kehoe

Senator Denise Ducheny

Assemblymember Mary Salas

Assemblymember Lori Saldaña

Mayor Jerry Sanders

Council President Ben Hueso

Councilman Todd Gloria

Ms. Alejandra Gavaldon

ATTACHMENT 2.

AMENDED CPUAC SELCTION PROCEDURES

Greater Golden Hill Planning Committee

Community Plan Update Advisory Committee

Selection Procedures

Objective

Establish selection procedures for the Greater Golden Hill Community Plan Update Advisory Committee (CPUAC). The selection procedures establish formal participation in the CPUAC from a diverse cross-section of stakeholder’s representative of the community at-large. Those often under-represented in the formal decision-making process should be encouraged to participate as part of the plan update process.

Purpose

To convene the public discussion and gather input that is representative of diverse interests and perspectives from the community at-large. The CPUAC will provide the City with feedback and recommendations throughout the community plan update process. The CPUAC will be a subcommittee of the Greater Golden Hill Planning Committee (GGHPC) as provided by Council Policy 600-24 and the bylaws of the GGHPC.

Selection & Eligibility

The CPUAC will consist of fifteen (15) voting members and may include up to five (5) ex-officio (non-voting) members. The GGHPC will appoint eight (8) members, and seven (7) members will be selected from the community at-large. Members of the CPUAC should, to the extent possible, be representative of the various geographic and demographic segments of the community and of diversified community interests. Membership based upon community interests places the additional responsibility for committee members to gather the knowledge and viewpoints necessary to represent such interest for the community at-large. Individuals with direct conflicts of interest are ineligible to serve.

The CPUAC will contain the following member representatives:

(4) Resident Property Owner

(1) Non-resident Property Owner

(2) Non-owner Resident

(1) Community Non-Profit Organization

(1) Canyons

(1) Environmental/CEQA

(1) Historic

(1) Open Space/parks

(3) Business:

(1) Community Commercial zone representative from any designated Community Commercial zone area within Greater Golden Hill

(1) At-large representative with preference for representing the smaller Neighborhood Commercial zone area within Greater Golden Hill

(1) At-large representative

Voting members shall be at least 18 years of age. Proof of age shall be provided in the form of valid picture identification.

Interested candidates shall be affiliated with the community as a:

Resident Property Owner

A Resident Property Owner is any person who owns all or a substantial fee interest in the dwelling unit which he or she resides within the community planning area boundary.

To determine eligibility, a Resident Property Owner candidate will present any of the following documents as proof that they own the property in which they reside:

1) Deed of Trust

2) Deed to Property

3) Property Tax Bill

4) Mortgage Payment Contract

5) Mortgage Payment Book

6) Current County Assessor Property Owner Listing

7) Any other documents or materials which the CPCI Department may deem acceptable

Non-resident Property Owner

A Non-Resident Property Owner is any person identified as the sole or partial owner of record, or their designee, of a real property (either developed or undeveloped) within the community planning area.

To determine eligibility, a Non-resident Property Owner candidate will present any of the following documents as proof that they own property in the community:

1) Deed of Trust

2) Deed to Property

3) Property Tax Bill

4) Mortgage Payment Contract

5) Mortgage Payment Book

6) Current County Assessor Property Owner Listing

7) Any other documents or materials which the CPCI Department may deem acceptable

Non-owner Resident

A Non-owner Resident is any person who occupies a dwelling unit by right under a lease, rental agreement, or other arrangement with the owner of a dwelling unit within the community planning area. Family members who reside with residential owner occupants but own no fee interest in the residential dwelling are considered residential tenants.

To determine eligibility, a Non-owner Resident candidate will present proof that they rent or lease their residence in the community planning area. Eligibility documentation must be current and must indicate the correct name of the individual and the qualifying address of their residence. Any of the following documents will be accepted to determine eligibility:

1) California Driver’s License

2) California Identification Card

3) Lease or Rental Agreement

4) Lease or Rental Receipt

5) Housing Commission or Rental Assistance Contract

6) Utility Bill (other than water)

7) Any other documents or materials which the CPCI Department may deem acceptable

Community Non-profit Organization

A local Community Non-profit Organization is any existing not-for-profit organization or community association of persons and/or entities which has its headquarters or a site office within the community planning area, or a substantial number of whose constituents are persons and/or entities within the community planning area, and which association is generally recognized within the planning area as a community organization.

Each eligible Community Non-profit Organization may designate one representative. To determine eligibility, candidates will submit the following on behalf of the organization they represent:

1) Documentation demonstrating existence of the organization at least two (2) years prior to January 2009;

2) Documentation demonstrating existence and operation within or serving the community planning area, such as articles of incorporation, by-laws, non-profit status, business license or such other documentation;

3) A resolution or minutes of the organization’s legislative or executive body designating its representative and authorizing such person to act on its behalf.

Canyons Representative

The Canyons representative will provide the specific knowledge and unique perspective necessary to inform the community plan update process about the preservation, conservation and sustainable management of canyon areas and open space within the community as guided by the Conservation and the Recreation Elements of the City of San Diego General Plan.

To determine eligibility, a candidate for the Canyons representative will present qualifications either as a Resident Property Owner, or Non-owner Resident as well as a résumé or statement of interest relevant to canyon areas and open space. A representative with active participation and experience in or with canyon preservation and rehabilitation organization(s) within the Greater Golden Hill Community Planning Area is preferred.

Environmental/CEQA Representative

The Environmental/CEQA representative will provide the specific knowledge and perspective necessary to inform the community plan update process of environmental issues specific to urban communities, community-specific implementation of General Plan Conservation Element objectives, and the results of the environmental (CEQA) review process.

To determine eligibility, a candidate for the Environmental representative will present qualifications in the categories of Resident Property Owner, Non-owner Resident or Community Non-profit Organization as well as a résumé or statement of interest relevant to the qualifications listed above. Additionally, candidates for this position should have specific knowledge and/or experience in issues of sustainability, ecology, green development and design, and/or the United States Green Building Council’s LEED® (Leadership in Energy and Environmental Design) rating system with emphasis on Neighborhood Development.

Historic Representative

The Historic representative will have knowledge of the community’s history, and be interested in participating in assisting the City and the City’s consultant to identify places that may be historically significant to the community. One of the main tasks of the historic representative will be to solicit input from community members regarding places, buildings, and sites that are of cultural importance, but may not be readily apparent to the City or the City’s consultant.

To determine eligibility, a candidate for the Historic representative will present qualifications in the categories of Resident Property Owner or Non-owner Resident as well as a résumé or statement of interest relevant to the qualifications listed above.

Open Space/parks Representative

The Open Space/parks representative will provide the specific knowledge and perspective necessary to inform the community plan update process about issues related to open space, parks and recreation in an urban community as guided by the Recreation and the Conservation Elements of the General Plan. This representative will also be the liaison with the Balboa Park Committee.

To determine eligibility, a candidate for the Open Space/parks representative will present qualifications in the categories of Resident Property Owner, Non-owner Resident or Community Non-profit Organization as well as a résumé or statement of interest relevant to the qualifications listed above.

Business/commercial Representative

The Business/commercial representative shall be a local business owner, operator, or their designee at a non-residential real property address in the community planning area.

Business/commercial candidates must present proof of ownership of a business located within the community planning area. Eligibility documentation must be current and must indicate the correct name of the individual and the address of his or her business as appropriate. No more than one stockholder, officer or designee of a corporation may apply. Candidate shall submit at least one of the following documents as proof of eligibility:

1) Business Tax Certificate

2) Certificate of Incorporation

3) Articles of Incorporation

4) Corporation By-laws

5) Deed of Trust

6) Deed to Property

7) Property Tax Bill

8) Current County Assessor Property Owner Listing

9) Any other documents or materials which the CPCI Department may deem acceptable

Advisory Committee Interest Form

All candidates must submit a signed CPUAC application form in order to be considered to serve on the committee. Forms should be submitted to the City Planning & Community Investment (CPCI) Department by September 2, 2009. The application forms are includes in Attachment 1. Résumés or a statement of interest should be attached to the application.

Solicitation and Selection of CPUAC Members

· Membership. Applications will be solicited from individuals and groups who have shown an interest in the Greater Golden Hill Community Plan update; have been identified by the City of San Diego as having participated in or served the community; or have been responded to outreach efforts by the City and the GGHPC.

· Selection Criteria. City staff will certify that candidates meet the criteria set forth on the application form. CPCI staff will forward eligible candidates to a selection committee comprised of the CPCI Director or designee, in consultation with staff from Council Districts 3 and 8. A publicly-noticed lottery will be held if there are more candidates than seats. The non-profit/community organization seats shall be ratified by the CPCI Director in consultation with Council Districts 3 and 8 based on eligibility determined by the selection criteria identified above.

Reappointment Process. Establishing a process for reappointments will help ensure active participation at all times. If a CPUAC member has two unexcused absences in a row or three unexcused absences over the course of six months and does not have the excused absence approved at least 24 hours in advance of the meeting by the CPCI Department, he/she would be replaced. The new appointment of a member would be made in the category in need of representation from the original candidate list.