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HomeMy WebLinkAboutEQCB Min 1995-02-21 . . . -i ... Environmental Quality Control Board Minutes FEBRUARY 21, 1995 Call to Order at 6:30 p.m. I. PLEDGE OF ALLEGIANCE II. ROLL CALL Present: Absent: Also Present: Voce, Hood, Nakagawa Hurley, Logan Barry Curtis, Administrative Assistant (planning) There being no objections, Chairman Voce excused the absence of Mr. Logan and Mr. Hurley III. ApPROVAL OF AGENDA Chairman Voce indicated Items 7 and 11 are actually one item. Mr. Nakagawa asked that Items 1 and 2 be removed for discussion purposes in light of the proposed amendments from attorneys for Bixby. MOTION BY HOOD; SECOND BY NAKAGAWA: TO APPROVE THE AGENDA WITH ITEM 11 INCORPORATED INTO ITEM 7, AND ITEMS 1 AND 2 REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION PURPOSES. MOTION CARRIED: AYES: NOES: 3-0 VOCE, HOOD, NAKAGAWA NONE IV. ORAL COMMUNICATIONS - none. v. CONSENT CALENDAR 1=\ I,I;;QCIN1IN9... BCCbe. Environmental Quality Control Board Minutes of February 21, 1995 . 1. Minutes of November 29,1994 2. Minutes of December 13, 1994 3. Receive and File: Bolsa Chica Em - Provision of Amended Petition for Writ of Mandate 4. Receive and File: Status Report and Letters on the Federal Implementation Plan (FIP) Mr. Curtis indicated the City had received a letter from the Law Offices of Walter & Bornholdt, the attorneys representing the Bixby Ranch Company, suggesting several amendments to the Minutes of November 29, 1994 and December 13, 1994 (attached). Mr. Curtis indicated staffhas reviewed the proposed amendments and feels they are fairly minor in nature. Mr. Nakagawa didn't agree with the amendment which characterized his desire as focusing only on the noisiest event. Mr. Curtis indicated he could either review the tape or, if the Board feels the some other wording adequately reflects the meeting, for instance the draft Minutes, the Board could approve them. Mr. Hood asked if anyone else had reviewed the tapes. Mr. Curtis said a copy of the tapes had been provided to Bixby at their request. . MOTION BY HOOD; SECOND BY NAKAGAWA: TO POSTPONE THE CONSIDERATION OF THESE TWO ITEMS TO THE NEXT REGULARLY SCHEDULED MEETING. Mr. Nakagawa indicated the Board's Minutes are usually paraphrased and adding a section which is taken verbatim may lead to a comment which is out of context. Mr. Nakagawa asked if we're going to be using verbatim excerpts, can he request the entire transcript be done verbatim. Mr. Hood indicated that Bixby's proposed amendments only include one side of the quotations and are intended to bias the record toward themselves. Mr. Hood asked the City Attorney to review the practice of using verbatim quotes when the practice of the Board is to have paraphrased Minutes. Mr. Curtis said he would discuss this matter with the City Attorney's office and would reply back at the next Board meeting. Mr. Curtis asked the Board whether it would like to continue its practice using paraphrased Minutes. The Board indicated it wanted to continue with paraphrased Minutes. Mr. Nakagawa asked that the City maintain the tapes of these meetings indefinitely. Mr. Curtis said that wouldn't a problem, provided that by indefinitely he means until a project is either approved or denied and all statutory appeal periods have expired. MOTION CARRIED: AYES: NOES: 3-0 VOCE, HOOD, NAKAGAWA NONE . Page 2 1=\ I,I;;QCIN1IN9... BCCbe. . . . Environmental Quality Control Board MinutesofFebruary21,1995 MOTION BY HOOD; SECOND BY NAKAGAWA: TO APPROVE THE REMAINDER OF THE CONSENT CALENDAR. MOTION CARRIED: AYES: NOES: 3-0 VOCE, HOOD, NAKAGAWA NONE VI. PUBLIC HEARINGS VII. SCHEDULED MATTERS 5. Transportation Enhancement Activities Program - Consideration of proposed "Response Letter" Mr. Curtis presented a brief staff report (on file at Department of Development Services). MOTION BY NAKAGAWA; SECOND BY HOOD: TO CONCUR WITH THE PROPOSED LETTER AND FORWARD IT TO THE CITY COUNCIL. MOTION CARRIED: AYES: NOES: 3-0 VOCE, HOOD, NAKAGAWA NONE 6. Platform Esther Waste Discharge Permit - Regional Water Quality Control Board Proposed Order 95-10 - Consideration of proposed "Response Letter" Mr. Curtis presented a brief staff report (on file at Department of Development Services). MOTION BY HOOD; SECOND BY NAKAGAWA: TO CONCUR WITH THE PROPOSED LETTER AND FORWARD IT TO THE CITY COUNCIL. MOTION CARRIED: AYES: NOES: 3-0 VOCE, HOOD, NAKAGAWA NONE VIII. STAFF CONCERNS IX. BOARD CONCERNS 7. Water Issues of Seal Beach - Consideration of Public Hearing to include presentations from City and County Water Staff as well as the Orange County Model Water Ordinance as well as the January 1995 Flood - Page 3 1=\ 1,I;;QCB\MINos.. BCCbe. Environmental Quality Control Board Minutes of February 21, 1995 . Consideration of Public Hearing to Consider Flooding and Oil Spill. Presentations to be made by City and County Staff . Mr. Voce indicated this item came out ofa discussion he and Mr. Nakagawa had. Mr. Curtis indicated City staff has discussed this matter with OC Flood Control and they indicated they would be happy to participate but asked that the matter be held offuntil May. Additionally, City staffwill have additional free time after April to prepare for this presentation. Mr. Nakagawa indicated he'd hoped this could have been done quicker since its a more important issue than Bixby. He wanted this item heard while it's still on peoples' minds since there's a lot of angry people, particularly regarding the oil spill which was not handled properly by City officials. Mr. Curtis indicated staffwill provide a follow up at the next meeting regarding the oil spilll, ifit has been completed by the next meeting, as it's clean up is still ongoing. City staffhas already provided a presentation to the City Council regarding this matter. Mr. Hood felt it would be counter productive to re-hold a meeting on the flooding issues since the City Council has already considered this matter. Mr. Hood asked City staff provide the Board a copy of the County's Model Water Ordinance2. Mr. Hood indicated he didn't feel the EQCB was an emergency response review committee and perhaps the Board should leave such matters to the operational decision makers. Mr. Nakagawa indicated he really wanted this matter included as an informational item, so the public would know who is responsible so people won't come to the City Council and yell at them when it may not be any of their responsibility. Mr. Hood asked that the Board be given a copy of its charge3 to see if the Board has any jurisdiction regarding emergency responses. Mr. Nakagawa asked if staff could prepare a path to the end of his envisioned design, i.e. a timeline or outline of action 4. Mr. Nakagawa is to provide staffwith a copy ofa written outline as he envisioned it for staff to use in its preparation of the timeline. Mr. Curtis said he will await this item from Mr. Nakagawa and use it to prepare the timeline. MOTION BY HOOD; SECOND BY NAKAGAWA: TO SCHEDULE A PRESENTATION BEFORE THE BOARD REGARDING THE 1995 FLOODS AND BRIDGEPORT OIL SPILL AT ITS REGULARLY SCHEDULED MEETING. TIDS PRESENTATION IS TO INCLUDE CITY STAFF AND OC FLOOD CONTROL AND WATER STAFF. ADDITIONALLY, THIS PRESENTATION IS TO DISCUSS A MODEL WATER ORDINANCEs. MOTION CARRIED: AYES: NOES: 3-0 VOCE, HOOD, NAKAGAWA NONE 8. FAA Report for Bixby Old Ranch Golf Course Development Plan . Chairman Voce asked the that staff provide the Board a copy of this report or letter. He asked for a copy of both versions, i.e. draft and final. Mr. Curtis indicated this will be included in the Pinal EIR. Mr. Nakagawa asked whether the Board could receive a copy ofthis item now. When he saw this item in the paper he was angry with staff for being Page 4 1=\ I,I;;QCIN1INos.. BCCbe. Environmental Quality Control Board Minutes of February 21, 1995 . slapped in the face. He thinks as soon as information is received staff should forward it to the Board, if it legally can be brought before the Board. He felt embarrassed if the newspapers were to call him for his opinion and he was unaware of it. Mr. Curtis cautioned the Board against commenting in any way regarding this project or any project which is coming before the Board. Mr. Nakagawa asked whether comments that are received by the City like this can be read by staff into the record at subsequent preliminary meetings? Mr. Hood indicated he felt the purpose of a hearing is to gather information, not to disseminate information. He felt it was inappropriate for the Board to read information back to the public. 9. Document Availability, Review Periods in Advance of Posting of Meeting or Public Hearing Notifications . Chairman Voce indicated he placed this on the Agenda to express his wishes that the Board be given as much time as possible to review information prior to a meeting, particularly lengthy items. Mr. Hood said he appreciates at least one week to review items. Chairman Voce indicated he likes to have two weeks. The Board agreed that it would like to have at least two weeks to review the Final EIR for Bixby. Mr. Curtis said staff would make every attempt to give the Board two or more weeks to review the final document. Mr. Curtis indicated that staff likes to review incoming documents and prepare some type of cover memo or staff report before the document is forwarded to the various boards and commissions. Staffhas many additional responsibilities which frequently don't allow it to review a document the moment it comes in. With that in mind, however, staffwill make every attempt to get things to the Board as early as possible. Mr. Nakagawa suggest a one week minimum for any information. If staff gets in a bind it could deliver a supplement with less warning. Mr. Nakagawa suggested a timeline chart (schedule) for projects where each board could see a project within its time limitations. That way, the EQCB could use as much time as it needs, within its limitations and if the Planning Commission or City Council want more time they'll need to ask the EQCB for a favor. Mr. Curtis indicated the Final EIR will be delivered to the Board as soon as it's received and has been reviewed by staff to ensure it is co~plete. 10. Recycling in Seal Beach - Consideration of Scheduling Presentation on Current Status and Developments Chairman Voce indicated he gets asked questions regarding the status of the recycling. At the Board's next meeting could staff provide the Board with a report regarding the status6. Mr. Curtis indicated he would. Mr. Nakagawa discussed recycling of toxic matters. Mr. Curtis indicated such matters can be disposed of at Rainbow Disposal in Huntington Beach. . Mr. Nakagawa discussed use of a stencil on storm drains indicating the drain to the ocean and perhaps add a phone number for the disposal site7. Can Board do anything to get this done? What can the Board do to make it easier for a person to dispose of oil, paint, etc.? Mr. Hood suggested these matters be included in the report on recycling. Page 5 1=\ I,I;;QCB\MINo.., BeCbe. . . . Environmental Quality Control Board Minutes of February 21, 1995 Mr. Nakagawa asked if the Board could be in the loop for Negative Declarations. Mr. Curtis indicated the Planning Commission and City Council take action on Negative Declarations and they are not within the purview of the EQCB. Mr. Curtis indicated the Board could be provided copies of Negative Declarations for informational purposes. Mr. Nakagawa asked staff to look into this matter. Mr. Hood said the Board has asked staff to provide it a copy of its charge. Once this is provided, the Board should be able to determine whether this should be an issue. Mr. Nakagawa asked staff could provide a list of items requested by the Boards. x. ADJOURNMENT MOTION BY NAKAGAWA; SECOND BY HOOD: TO ADJOURN. MOTION CARRIED: AYES: NOES: 3-0 VOCE, HOOD, NAKAGAWA NONE The meeting was adjourned at 8:22 P.M. espect y Submitted, / ~ Barry C rti, e tary Environmental Quality Control Board Page 6 1=\ 1,I;;QCB\MINos.. BCCbe. . . . Board Requests/Directions Synopsis of City reaction to oil spill. Environmental Quality Control Board Minutes of February 21,1995 2 Provide Board a copy of County's Model Water Ordinance. 3 Provide Board a copy of its charge. 4 Timeline or path to presentation on water related issues at May meeting. s Presentation before Board from City Staff and DC Flood Control re: flooding, oil spill, model water ordinance, etc. 6 Provide status report on recycling. 7 Stencil on storm drains re: draining to ocean. 8 Action list of items requested by Board. Page 7 1= \ I,I;;QCIN1INo... BeC be. ~ ' . ,. . 730 Catalina Avenue Seal Beach, CA 90740 February 15, 1995 Barry Curtis Dept. of Development Services City of Seal Beach Barry, Please add the following agenda items to be discussed at the upcoming meeting of the EQCB, this Tuesday, February 21, 1995. 1. Water issues of Seal Beach. Water quality, flood control systems, sewage systems, the ocean, and the San Gabriel river. Presentations by city and county water experts. Orange County model water ordinance. 2. FAA report for Bixby Old Ranch Golf Course Development Plan. 3. Document availability, review periods in advance of posting of meeting or public hearing notifications. 4. Recycling in Seal Beach. Current status and developments. Thank you. If you have any questions or concerns, please contact me at (310) 431-4760. ~~ Mario Voce Chair, EQCB