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HomeMy WebLinkAboutEQCB Min 2008-01-30 CITY OF SEAL BEACH 1 Environmental Quality Control Board 2 3 Minutes of January 30, 2008 4 5 6 7 Chairperson Voce called the meeting of the Environmental Quality Control Board 8 (EQCB) to order at 6:30 p.m. on Wednesday, January 30, 2008. The meeting was held 1 9 in City Council Chambers and began with the Salute to the Flag. 10 I Roll Call 11 12 13 Present: Chairperson Voce, Members Barton and Vineyard 14 15 Also 16 Present: Department of Development Services 17 Lee Whittenberg, Director of Development Services 18 19 Absent: Members Hurley and Neal. 20 21 Mr. Whittenberg requested a motion to excuse Members Hurley and Neal from tonight’s 22 meeting. 23 24 MOTION by Barton; SECOND by Vineyard to excuse Members Hurley and Neal from 25 the Environmental Quality Control Board meeting of January 30, 2008. 26 MOTION CARRIED: 3 – 0 – 2 27 AYES: Voce, Barton, and Vineyard 28 NOES: None 29 ABSENT: Hurley and Neal 30 31 II Approval of Agenda 32 33 34 MOTION by Vineyard; SECOND by Baton to approve the Agenda as presented. 35 MOTION CARRIED: 3 – 0 – 2 36 AYES: Voce, Barton, and Vineyard 37 NOES: None 38 ABSENT: Hurley and Neal 39 40 III Oral Communications 41 42 43 None. 1 These Minutes were transcribed from an audiotape of the meeting. 1 of 7 City of Seal Beach Environmental Quality Control Board Meeting Minutes of January 30, 2008 IV Consent Calendar 1 2 3 1. Receive and File - Letter from City of Seal Beach to Los Cerritos Wetlands 4 Authority Re: City of Seal Beach Support – Acquisition of the “Hellman” 5 Property, Dated November 2, 2007. 6 7 2. Receive and File - Letter from City of Seal Beach to California Air Resources 8 Board Re: Adoption of Proposed Regulations to Reduce Emissions from 9 Diesel Auxiliary Engines on Ocean-Going Vessels While at Berth at a 10 California Port Dated November 5, 2007. 11 12 3. Receive and File - Memorandum Re: Seal Beach Naval Weapons Station – 13 Installation Restoration Program – Status Report Re: RAB Project Update 14 Dated November 5, 2007. 15 16 4. Receive and File - Memorandum Re: Status Re: Seaport Marina Project, Long 17 Beach, Dated November 5, 2007. 18 19 5. Receive and File - Staff Report Re: Technical Support Document For The 20 Derivation of Noncancer Reference Exposure Levels Dated November 9, 21 2007. 22 23 6. Receive and File - Memorandum Re: Seaport Marina Hotel Development 24 Status, Dated December 10, 2007. 25 26 7. Receive and File - Memorandum Re: Update Regarding the “Regional 27 Transportation Plan” and the “Regional Comprehensive Plan” documents 28 being prepared by the Southern California Association of Governments. 29 30 8. Receive and File - Memorandum Re: Seal Beach Naval Weapons Station – 31 Installation Restoration Program – Status Report Re: RAB Project Update 32 Dated January 3, 2008. 33 34 9. Receive and File - Memorandum Re: Seal Beach Naval Weapons Station – 35 Installation Restoration Program – Status Report Re: RAB Project Update 36 Dated January 16, 2008. 37 38 10. Receive and File - Staff Report Re: Information on California’s Water Crisis, 39 Dated January 30, 2008. 40 41 11. Receive and File - Staff Report Re: Health Risk Assessment – BNSF Railway 42 Watson Rail Yard, Dated January 30, 2008. 43 44 12. Receive and File - Staff Report Re: West-Wide Energy Corridor 45 Programmatic EIS, Dated January 30, 2008. 46 2 of 7 City of Seal Beach Environmental Quality Control Board Meeting Minutes of January 30, 2008 1 13. Receive and File - Staff Report Re: Final 2007 Air Quality Management Plan 2 Information, Dated January 30, 2008. 3 4 14. Receive and File - Staff Report Re: 2007 State Implementation Plan For The 5 South Coast Air Basin Information Dated January 30, 2008. 6 7 MOTION by Vineyard; SECOND by Barton to approve the Consent Calendar as 8 presented. 9 MOTION CARRIED: 3 – 0 – 2 10 AYES: Voce, Barton, and Vineyard 11 NOES: None 12 ABSENT: Hurley and Neal 13 14 V Scheduled Matters 15 16 17 15. Approval of Minutes – October 24, 2007. 18 Recommendation: 19 Approve Minutes subject to any corrections determined 20 appropriate. 21 22 MOTION by Barton; SECOND by Vineyard to approve the Meeting Minutes of October 23 24, 2007 as presented. 24 MOTION CARRIED: 3 – 0 – 2 25 AYES: Voce, Barton, and Vineyard 26 NOES: None 27 ABSENT: Hurley and Neal 28 29 30 16. Consideration of Recommendation to City Council to Endorse the United 31 States’ Mayors’ Climate Protection Agreement. 32 Recommendation 33 : Consider request by the Orange County Interfaith 34 Coalition for the Environment to endorse the United States’ Mayors’ Climate 35 Protection Agreement. The Commission may determine to forward a 36 recommendation to the City Council concerning this request or receive and 37 file this matter. Receive and file Staff Report. 38 39 Staff Report 40 41 Mr. Whittenberg indicated that City Council (CC) has received this information but has 42 not provided direction to Staff regarding proceeding in any form at this time. He stated 43 that the EQCB could consider forwarding this report to CC with any recommendations. 44 He noted that members of the Orange County Interfaith Coalition for the Environment 45 (OCICE) are present tonight to provide information in support of this proposal. (Staff 46 Report is on file for inspection in the Planning Department.) 3 of 7 City of Seal Beach Environmental Quality Control Board Meeting Minutes of January 30, 2008 1 Public Comments 2 3 Sheri Loveland of the OCICE stated that she would be happy to respond to questions 4 regarding the information provided to the Board on this proposal. She noted that the 5 OCICE understands that many of these proposals will require substantial funding to 6 implement and changes would take place over a period of years. She noted that the 7 OCICE has a website for access by all interested parties and then commented on how 8 local governments could contribute to reducing environmental pollution. 9 10 Chairperson Voce stated that he approves of this agreement. He said that it is also very 11 important that diesel trucks used within cities run cleaner, as the older trucks are not as 12 efficient at reducing diesel emissions. He also noted that tankers delivering gas at 13 service station should not be left idling while the delivery is completed. He emphasized 14 that breathing diesel fumes can be very harmful and residents in Seal Beach are subject 15 not only to fumes from the Port of Long Beach but also from diesel vehicles traveling 16 along Pacific Coast Highway (PCH). He added that in addition to this there is also a 17 high usage of fireplaces during the winter months. He recommended emphasizing the 18 cumulative nature of this impact upon the community as well as upon the surrounding 19 wetlands wildlife. He pondered whether restrictions regarding environmental pollutants 20 could be included in the Municipal Code, providing the City with the ability to enforce 21 environmental standards. He explained that he had taken part in establishing the Trees 22 Committee, as planting more trees provides more shade, and trees help remove carbon 23 dioxide from the air and release oxygen. Chairperson Voce then stated that gas 24 powered lawn mowers and leaf blowers should be banned, as both release a lot of 25 fumes. He also stated that more homeowners should use xeri scaping to help eliminate 26 the need for these machines and to help cut down on water usage, but this would be 27 difficult to accomplish. He recommended approval and called for a motion to 28 recommend that CC also approve this agreement. He asked Ms. Loveland if this would 29 be appropriate. Ms. Loveland stated that the OCICE has visited all cities within Orange 30 County and so far seven city councils have approved the agreement. Mr. Whittenberg 31 suggested that the Board recommend approval as presented and also that CC consider 32 developing guidelines for other standards as a separate document over and above what 33 appears in the agreement. Ms. Lovelace stated that the OCICE would be happy to be 34 of assistance and would provide any information the Board might need. 35 36 Member Vineyard recommended that the Board delete any direct reference to “global 37 warming,” as this is a controversial issue in itself. Chairperson Voce asked if Member 38 Vineyard did not accept this as factual, to which Member Vineyard responded that he is 39 not taking a position on this. Chairperson Voce stated that this is a definite fact, to 40 which Member Vineyard countered, that since Chairperson Voce is not a scientist, he is 41 simply stating his opinion. Chairperson Voce then explained his position on this issue 42 stating that global warming has been mathematically proven. 43 MOTION by Barton to approve the United States’ Mayors’ Climate Protection Agreement 44 as presented and recommend that City Council endorse this request. Receive and file 45 Staff Report. 46 4 of 7 City of Seal Beach Environmental Quality Control Board Meeting Minutes of January 30, 2008 1 Motion fails for lack of a second. Member Barton rescinded her motion. 2 3 Member Barton stated that although all of the recommendations are good, she 4 questioned how they are to be enforced. Mr. Whittenberg stated that assuming CC 5 were to direct Staff to proceed, these questions would have to be researched and would 6 require that the CC adopt ordinances to facilitate enforcement. He noted that many 7 people believe there are still questions to be resolved regarding “greenhouse gas,” and 8 CC will determine whether they wish to proceed further, but he believes it will probably 9 be set aside for the time being. Chairperson Voce noted that there may not be the 10 votes necessary for approval tonight, so he suggested continuing this item to the next 11 scheduled meeting. 12 13 Member Vineyard referred to Page 2 of the Staff Report and recommended that the 14 term “global warning” be removed. Mr. Whittenberg noted that the agreement text 15 refers to “climate disruption” in several places, and suggested using this term or “climate 16 protection” instead of “global warming.” Member Vineyard stated that this would be fine. 17 Chairperson Voce suggested using “atmospheric changing pollutants.” Member Barton 18 recommended using “climate protection.” Member Vineyard then posited that climate 19 itself does not create pollutants. Member Barton asked for a recommendation from 20 Member Vineyard. He suggested using “Conduct a baseline inventory of pollutants.” 21 Chairperson Voce stated that the text “atmospheric pollutants” should be used. 22 Member Vineyard noted that vehicles are not atmospheric. Mr. Whittenberg noted that 23 the climate protection agreement is aimed toward climate impacting issues, and not 24 groundwater or soil contamination. Member Vineyard stated that the recommendations 25 in the document talk about more than atmosphere and climate. Mr. Whittenberg stated 26 that the recommendations as listed are all in relation to the climate. 27 28 MOTION by Vineyard; SECOND by Barton to approve the United States’ Mayors’ 29 Climate Protection Agreement as amended and recommend that City Council endorse 30 this request. Receive and file Staff Report. 31 MOTION CARRIED: 3 – 0 – 2 32 AYES: Voce, Barton, and Vineyard 33 NOES: None 34 ABSENT: Hurley and Neal 35 36 37 17. Approval of Comment Letters Re: Draft 2008 Regional Transportation 38 Plan and the 2008 Regional Transportation Plan Draft Program EIR. 39 Recommendation 40 : Authorize Chairman to sign comment letters 41 regarding the Draft 2008 Regional Transportation Plan (2008 RTP) and 42 the Draft Program Environmental Impact Report (Draft PEIR), with any 43 revisions determined appropriate. Instruct Staff to forward staff report and 44 comment letters to the City Council for final consideration and execution of 45 comment letters. Forward comment letters to Planning Commission for 46 information upon execution by the Mayor and EQCB Chairman. 5 of 7 City of Seal Beach Environmental Quality Control Board Meeting Minutes of January 30, 2008 1 Staff Report 2 3 Mr. Whittenberg stated that approximately every three years the Southern California 4 Association of Governments (SCAG) must prepare a Regional Transportation Plan 5 (RTP) to maintain conformity between transportation planning and air quality 6 requirements so that local jurisdictions, transportation commissions, and CalTrans 7 remain eligible for state funds for transportation projects. He indicated that these 8 projects must be designed to help maintain the air quality standards as established by 9 federal and state regulations for the Southern California Air Basin. He explained that all 10 cities in Orange County participate in the Orange County Council of Governments 11 (OCCOG) with an advisory committee that is made up primarily of planning and public 12 works directors from throughout the county. He noted that participation on this 13 committee helps cities better understand impacts to their communities and 14 representatives of SCAG can provide presentations that focus on Orange County. He 15 noted that the RTP describes several major improvement projects that will impact the 16 City of Seal Beach, and Staff has provided comments related to concerns over specific 17 aspects of the projects as described in the EIR documents. He noted that Staff has 18 created comment letters for both the RTP and the RTP Draft Environmental Impact 19 Report (DEIR). He noted that Member Hurley had provided minor corrections to the 20 punctuation. He explained that the RTP consists of a Baseline Project (BP) and a 21 Policy Growth Forecast (PGF), with the BP based on population projections to the year 22 2035. He stated that these projections are compiled by the Center for Demographic 23 Research for all OC cities which have provided detailed information based on 24 projections for population changes within their communities and this data is presented in 25 the Orange County Projections (OCP) 2006 report. Mr. Whittenberg then explained that 26 as part of making the transportation system more efficient and to reduce air quality 27 impacts, the RTP has created the PGF, which concentrates development along existing 28 transportation and mass transit corridors for cities with density greater than that for 29 which they had planned. He noted that in the comment letter Staff made a few 30 corrections to the projections for employment and development of homes within Seal 31 Beach. He continued by stating that the EIR contains similar mitigation measures to 32 those presented in the Regional Comprehensive Plan (RCP), which presents a long- 33 term growth scenario for land use in OC through the year 2025, and also includes a lot 34 of the same ideas presented in the PGF. He indicated that Staff has noted that some of 35 the EIR “mitigation measures” are not related to transportation, and has requested that 36 SCAG work with their consultants to do more detailed air quality measurements along 37 the I-405 Freeway to help make projections on future truck traffic and impacts from 38 diesel particulate matter. He asked the Board for remarks noting that these should be 39 confined to the comment letters. 40 41 Member Barton stated that aside from the affect of pollutants on the elderly population, 42 young school-age children and other sensitive populations should also be included in 43 the comments. Mr. Whittenberg stated that this could be included in the comment letter 44 for the EIR. 45 6 of 7 City of Seal Beach Environmental Quality Control Board Meeting Minutes of January 30, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 MOTION by Vineyard; SECOND by Barton to authorize Chairperson to sign comment letters regarding the Draft 2008 Regional Transportation Plan (2008 RTP) and the Draft Program Environmental Impact Report (Draft PEIR), as amended. Instruct Staff to forward staff report and comment letters to the City Council for final consideration and execution of comment letters. Forward comment letters to Planning Commission for information upon execution by the Mayor and EQCB Chairman. MOTION CARRIED: AYES: NOES: ABSENT: 3-0-2 Voce, Barton, and Vineyard None Hurley and Neal VI Staff Concerns Mr. Whittenberg indicated that the public heari:1g before the Planning Commission for the Seal Beach Townhomes Project is scheduled for February 6,2008, at 7:30 p.m. He then stated that recently the Building Department has received several requests for permits to install solar panels on homes, Kohl's Department Store has also submitted plans for installation of solar panels, and the Hellman Ranch staff is considering installing a solar energy source on a 6-acre field to provide energy for its well sites. VII Board Concerns Member Vineyard suggested that when the agenda contains only Consent Calendar items, or numerous items, that they be distributed to the Board throughout the month, and not the week before a scheduled meeting, and the meeting could then be cancelled. Mr. Whittenberg noted that this could be done, particularly when there are no action items on the agenda. VIII Adjournment Chairperson Voce adjourned the meeting at 7:40 p.m. to the next scheduled meeting in February 2008. Respectfully Submitted, ~AA~ Carmen Alvarez, Executive Secretary Department of Development Services The Board on March 26, 2008, approved the Minutes of the Environmental Quality Control Board of Wednesday, January 30, 2008. G.r - 7of7