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HomeMy WebLinkAboutEQCB Min 1995-04-18 . Environmental Quality Control Board Minutes APRIL 18, 1995 Call to Order at 6:30 p.m. I. PLEDGE OF ALLEGIANCE II. ROLL CALL Present: Also Present: Voce, Logan, Hood, Hurley, Nakagawa Barry Curtis, Administrative Assistant (planning) . III. ApPROVAL OF AGENDA Chairman Voce suggested Item 8 be removed for discussion and Items 9 and lObe tabled until the Board's May 1995 meeting. Mr. Nakagawa recommended Items 11 and 12 be tabled indefinitely. MOTION BY HOOD; SECOND BY LOGAN: TO APPROVE THE AGENDA WITH ITEM 8 REMOVED FOR DISCUSSION, ITEMS 9 AND 10 TABLED TO MAY 1995 AND ITEMS 11 AND 12 TABLED INDEFINITELY. MOTION CARRIED: AYES: NOES: 5-0 VOCE, LOGAN, HOOD, HURLEY, NAKAGAWA NONE IV. ORAL COMMUNICATIONS - none. v. CONSENT CALENDAR 1. Minutes of January 17, 1995 . 2. Minutes of February 21,1995 1=\ I,I;;QCIN1INo"'l BeCbe. Environmental Quality Control Board Minutes of April 18, 1995 . 3. Minutes of March 21, 1995 4. Receive and File - Letter to Kenneth C. Bornholdt dated March 29, 1995 re: Proposed Amendments to EQCB Minutes of 11/29/94 & 12/13/94 5. Receive and File - City of Seal Beach Comment Letter on Final EA/IS - Los Alamitos AFRC JP-8 Fuel Storage Facility 6. Receive and File - Attainment of Federal Nitrogen Dioxide Standards 7. Receive and File - Proposed Federal Preemption of Local Control of Siting and Relocating Cellular Communication Towers 8. Receive and File - City Council Staff Report re: Final EA/IS - Los Alamitos AFRC JP-8 Fuel Storage Facilityl 9. Receive and File - City Council Staff Report re: Seal Beach Naval Weapons Station - Installation Restoration Program - Draft Final Remedial Investigation Report: Sites 1, 7, 19, and 222 . 10. Receive and File - City Council Staff Report re: Seal Beach Naval Weapons Station - Draft National Wildlife Refuge Study Reporf 11. Receive and File - County-wide Model Water Quality Ordinance4 12. Receive and File - Status Report on Presentation re: FloodinglOil SpilllModel Water Ordinances 13. Receive and File - Comments re: "Draft Final Remedial Investigation Report", dated December 31, 1994 14. Receive and File - City Council Agenda Report "Conceptual Approval of Recycling Programs: Phase II" 15. Receive and File - Naval Weapons Station Seal Beach - Installation Restoration Program - Site Locations . MOTION BY HURLEY; SECOND BY HOOD: TO APPROVE CONSENT CALENDAR WITH ITEM 8 REMOVED FOR DISCUSSION AND ITEMS 9-12 TABLED TO FUTURE MEETINGS. HURLEY'S YES VOTE ON ITEMS 1 AND 2, MR. HOOD'S YES VOTE ON ITEM 1 AND MR. NAKAGAWA'S YES VOTE ON ITEM 3 WILL ALL BE CONSIDERED AS ABSTENTIONS. Page 2 1=\ I,I;;QCB\MINos.. BeCbe. . . . Environmental Quality Control Board Minutes of April 18. 1995 MOTION CARRIED: AYES: 5-0 VOCE, LOGAN, HOOD, HURLEY, NAKAGAWA NONE NOES: VI. PUBLIC HEARINGS VII. SCHEDULED MA TIERS 8. Receive and File - City Council Staff Report re: Final EAlIS - Los Alamitos AFRC JP-8 Fuel Storage Facility Chairman Voce discussed the AFRC's lack ofa response to the EQCB's concern regarding the potential for an aircraft impact into the tanks. MOTION BY HOOD; SECOND BY HURLEY: TO RECEIVE AND FILE. MOTION CARRIED: AYES: 5-0 VOCE, LOGAN, HOOD, HURLEY, NAKAGAWA NONE NOES: 16. Consideration of Draft Memo to City Council re: Recommendation to Hire Traffic Engineering Expert Mr. Curtis presented a draft letter prepared at the Board's direction. Mr. Nakagawa presented the Board proposed changes to Staff's draft letter (attached to Minutes). The Board discussed the proposed changes. Mr. Curtis indicated the timing of the events relating to the Bixby EIR set forth in the proposed amendments to the letter would be difficult if not impossible to meet. These items could be accomplished for future projects, however. Mr. Hood said he believed it may be wasteful of City funds to pay money twice for consulting and document preparation when the City has already paid good money for a consultant. Mr. Hood suggested that if the Board is still unhappy with the traffic consultant after the next presentation it could forward a letter to the City Council indicating its displeasure and recommending the City not consider that consultant for future projects. Further the Board could suggest to the Council that the ability to present information in layman's terms is an important issue in considering future consultants. Mr. Nakagawa suggested the City could list what they like and dislike about past presentations. This list could be presented to the consultants prior to the commencement of work. Mr. Hood indicated he cannot support the spending of money, but could support a resolution or memo to staff indicating what the Board wants to see in the future. Mr. Hurley asked whether presentations would be made on all aspects of the EIR at the EQCB's next meeting on the matter. Mr. Curtis said yes. Chairman Voce indicated the Board has already voted 3-0 to send a letter to the City Page 3 1=\ I,I;;QCIN1INos.. BCCbe. . . . Environmental Quality Control Board Minutes of Apri/18, 1995 Council. Mr. Hurley asked if there was a specific date the letter was to be forwarded. Chairman Voce said no. Mr. Nakagawa indicated he felt an on-call consultant would only cost between $250-300 to aid staff in reviews. Mr. Curtis indicated that in many cases the City could be reimbursed by an applicant for these costs. Mr. Hood indicated he was unhappy with this recommendation. He felt the Board was crossing the line between administration and policy and it will be spending money. He felt the Board should only be concerned with policy. That policy being the Board wants a good presentation in layman's terms. Mr. Logan felt this may all be a moot issue if the consultants put on a good presentation as staffhas indicated they will. Mr. Curtis indicated the Board should consider a recommendation which would establish guidelines for consultants indicating what the Board or City expects of them. Mr. Nakagawa indicated he envisioned the on-call consultant could review outside environmental documentation which might not be prepared up to the standards the Board expects of documents prepared for Seal Beach. Mr. Hood said he felt this is tantamount to hiring someone to interpret EIRs for him. Mr. Nakagawa indicated this consultant could also prepare a traffic element to the General Plan. Mr. Curtis indicated the City has a circulation element to the General Plan, but noted all elements of the General Plan could always use review and updating. Mr. Curtis added he felt the current staffwas capable of reviewing and commenting on outside environmental concerns. Mr. Nakagawa said he would like to see someone who is more technically oriented in this matter to address these items. Mr. Hood said he felt the Board could already understand these type of matters. Mr. Hurley indicated he felt it premature to be talking about this at this time and moved the Board table this matter until after the next EQCB meeting on the Bixby EIR. Mr. Nakagawa asked whether the public is allowed to comment on scheduled matters. Mr. Curtis said if the Board wishes to open a matter up to the public they may. MOTION BY HURLEY; SECOND BY LOGAN: TO TABLE THIS MA ITER UNTIL AFTER THE BOARD HEARS THE PRESENTATION ON THE FINAL EIR. 6 MOTION CARRIED: A YES: NOES: 4-1 VOCE, LOGAN, HOOD, HURLEY NAKAGAWA MOTION BY HOOD; SECOND BY LOGAN: TO VOTE IMMEDIA TEL YON MR. HURLEY'S MOTION. MOTION CARRIED: AYES: NOES: 4-1 VOCE, LOGAN, HOOD, HURLEY NAKAGAWA 17. Consideration of Draft Memo to City Council and Planning Commission re: Noise and Aviation Impact Report Presentations MOTION BY NAKAGAWA; SECOND BY HOOD: TO OPEN THIS MATTER TO PUBLIC DISCUSSION. Page 4 1=\ I,I;;QCIN1IN95-4 BeCbe. . . . Environmental Quality Control Board Minutes of April 18, 1995 MOTION CARRIED: AYES: NOES: 4-1 VOCE, LOGAN, HOOD, NAKAGAWA HURLEY Donna McGuire - Seal Beach She indicated she is in a group from Seal Beach which has requested in a petition that the Aries consultants make a presentation at the EQCB's next meeting on the Bixby EIR. She felt the matter should not be rushed and that if people are presented all the information they can then make an informed decision. She hopes the next meeting will be better advertised than the November/December meetings. Mr. Curtis asked Ms. McGuire how she would propose to better advertise the meetings. Ms. McGuire suggested weekly advertising in local papers. She felt it would be unfortunate to have a special meeting and not have people show up for the meeting. David Steele - Rossmoor He indicated Rossmoor is closer to Bixby than virtually all of Seal Beach. He doesn't get the Sun. He does get the Times and many others get the Times or the Register. He recommends a notice in these papers as well. Public discussion was closed. MOTION BY HOOD; SECOND BY PRESENTED. TO APPROVE ITEM 17 AS MOTION DIES FOR LACK OF A SECOND Mr. Nakagawa presented the Board a copy of proposed amendments to the draft memo (attached to Minutes). He's making this proposal because he didn't feel the noise and aviation presentations were as good as he felt they could be. Mr. Curtis indicated staff will have each of the consultants present for presentations at the next Bixby EIR meeting. Mr. Curtis recommended the Board send its request to staff and carbon it to the City Council and Planning Commission. MOTION BY HOOD; SECOND BY NAKAGAWA: TO APPROVE THE DRAFT MEMO AS AMENDED BY MR. NAKAGAWA. THE MEMO IS ALSO CHANGED AS A MEMO TO STAFF WITH CARBONS TO THE PLANNING COMMISSION AND CITY COUNCIL. MOTION CARRIED: A YES: 5-0 VOCE, LOGAN, HOOD, HURLEY, NAKAGAWA NONE NOES: Page 5 1=\ I,I;;QCIN1INo... BCCbe. . . . Environmental Quality Control Board Minutes of April 18, 1995 18. Consideration of Recommendation for Funding to investigate Past Violations at the Seal Beach Naval Weapons Station and Los Alamitos AFRC Mr. Curtis presented the staff report. Mr. Curtis indicated this matter came about as a result of the Board's recent consideration ofa proposal to install new JP-8 fuel tanks at the Los Alamitos AFRC. MOTION BY NAKAGAWA; SECOND BY LOGAN: TO DIRECT STAFF TO REQUEST OF REGULA TORY AGENCIES TO BE NOTIFIED REGARDING FUTURE AND OUTSTANDING VIOLATIONS IN THE SEAL BEACH NA VAL WEAPONS STATION AND LOS ALAMITOS AFRC. ADDITIONALLY, STAFF IS TO REPORT TO THE BOARD IF VIOLATIONS ARE RECEIVED.7 MOTION CARRIED: AYES: 5-0 VOCE, LOGAN, HOOD, HURLEY, NAKAGAWA NONE NOES: VIII. STAFF CONCERNS 19. Consideration of Adjourning to Special Meeting on May 2, 1995 to Consider to Final EIR and Response to Comments on the Proposed Bixby Old Ranch Golf Course Development Plan Mr. Curtis presented this matter. Staff is recommending the Board hold a special meeting on May 9, 1995 to consider the FEIR for the Bixby project. Mr. Hood agreed with Ms. McGuire's earlier statement regarding not having a special meeting and also noted Ms. McGuire's request for 3 weeks to review the FEIR. Mr. Curtis indicated staff is recommending the May 9th meeting date because it will allow the Planning Commission to begin its hearings on the matter in May. Holding the EQCB meeting later than May 9th will not allow the Planning Commission to hold its first meeting until June 7th. Staff is trying to hold the public hearings on this matter in the early summer, before the major vacation season. MOTION BY NAKAGAWA; SECOND BY HOOD: TO OPEN THIS MA ITER TO PUBLIC DISCUSSION. MOTION CARRIED: AYES: 5-0 VOCE, LOGAN, HOOD, HURLEY, NAKAGAWA NONE NOES: Donna McGuire - Seal Beach Ms. McGuire indicated there are a lot of concerned citizens who would like to be prepared in advance to participate in the review of this matter. She suggested Comcast televise the EQCB Page 6 1=\ I,I;;QCB\MINos.. BeCbe. Environmental Quality Control Board Minutes of April 18, 1995 . meeting. She regards this as the informational process where all maters can be discussed and addressed to prevent litigation. She felt if the process runs into July or August that's acceptable if that's what it takes to fully address the issues. Mr. Curtis indicated that in the past members of the public have expressed concern over important hearings taking place during the middle of summer. Additionally, Mr. Curtis felt the Final EIR will not be a complete re-write, so it shouldn't take as long to review as the Draft EIR. Ms. McGuire felt one week will not make a big difference. She felt the matter hasn't been well publicized and data wasn't available. Mr. Logan disagreed indicating it was advertised and the data was available at all local libraries. Ms. McGuire indicated the libraries aren't open very often. David Steele - Rossmoor Mr. Steele reiterated he felt the meeting could possibly be better publicized. He indicated he felt at least three (3) weeks review of the FEIR is necessary. He recommended the EQCB forward a recommendation to the City Council and Planning Commission not to hold any hearings on this matter during the middle of the summer. Mr. Steele asked the process of how the public will get a copy of the FEIRIResponse to Comments. Public discussion was closed. Mr. Hood discussed scheduling consideration of the Bixby matter for May 16th. Mr. Nakagawa indicated he will be unable to attend the May 16th meeting due to a scheduling conflict. . MOTION BY HOOD; SECOND BY LOGAN: TO SCHEDULE A SPECIAL MEETING OF THE EQCB FOR MAY 23, 1995 TO CONSIDER THE FINAL EIR ON THE BIXBY OLD RANCH GOLF COURSE DEVELOPMENT PLAN. MOTION CARRIED: AYES: 5-0 VOCE, LOGAN, HOOD, HURLEY, NAKAGAWA NONE NOES: Mr. Curtis presented the Board with a copy of the Installation Restoration Site Location map for Naval Weapons Station. IX. BOARD CONCERNS 20. What Board can do to Aid Staff in Keeping up with Board Requests (Nakagawa) Mr. Nakagawa discussed the fact that the Board is just getting requests that were made in January and February he wondered why. Mr. Curtis indicated the Minutes were just completed for those meetings and staffhadn't extracted the Boards specific requests prior to completion of the Minutes. Mr. Curtis apologized and indicated he will attempt to complete the Minutes more . rapidly. Page 7 1=\ I,I;;QCIN1INo... BCCbe. . . . Environmental Quality Control Board Minutes of April 18, 1995 Chairman Voce announced that tomorrow will be Earth day. Additionally, he discussed a state-wide conference on wetlands issues to be held in early May. Chairman Voce discussed the removal offive (5) large coral trees in Leisure World. The trees were near Mutual 17, but they were on private property. Finally, Chairman Voce indicated there is a feature in Sunset Magazine on native plants and trees. He requested staff copy this article and provide a copy to the Board and the City's parks departments. x. ADJOURNMENT MOTION BY LOGAN; SECOND BY HOOD: TO ADJOURN. MOTION CARRIED: AYES: 5-0 VOCE, LOGAN, HOOD, HURLEY, NAKAGAWA NONE NOES: The meeting was adjourned at 8:28 P.M. Page 8 1=\ I,I;;QCIN1INo"4 BCCbe. . . . Board Requests/Directions Environmental Quality Control Board Minutes of April 18, 1995 Removed for Discussion (Receive and File) City Council Staff Report re: Final EAlIS - Los Alamitos AFRC IP-S Fuel Storage Facility 2 Tabled to May 16, 1995 (Receive and File) City Council Staff Report re: Seal Beach Naval Weapons Station - Installation Restoration Program - Draft Final Remedial Investigation Report: Sites 1, 7, 19, and 22 3 Tabled to May 16, 1995 (Receive and File) Receive and File - City Council Staff Report re: Seal Beach Naval Weapons Station - Draft National Wildlife Refuge Study Report 4 Tabled Indefinitely (Receive and File) County-wide Model Water Quality Ordinance s Tabled Indefinitely (Receive and File) Status Report on Presentation re: Flooding/Oil Spill/Model Water Ordinance 6 Tabled to after Meeting on Bixby FEIR Consideration of Draft Memo to City Council re: Recommendation to Hire Traffic Engineering Expert 1 Direct staff to request of regulatory agencies to be notified regarding future and outstanding violations in the Seal Beach naval weapons station and los a1amitos afrc. Additionally, staff is to report to the board if violations are received. 8 Copy article from May 1995 Sunset magazine re: Native Plants and Trees and distribute to Board & Parks Department Page 9 1=\ I,I;;QCIN1IN9.... BeCbe.