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Home My WebLink AboutEQCB Min 1996-10-08 ( I . . . Environmental Quality Control Board Minutes October 8, 1996 Call to Order at 6:35 p.m. I. Pledge of Allegiance n. Roll Call Present: Absent: Christ, Hurley, McGuire, Voce Rosenman (excused) Also Present: Lee Whittenberg, Director of Development Services ID. Approval of Agenda Motion by Hurley; second by Christ to approve the agenda as presented. Motion Carried: AYES: NOES: ABSENT: 4-0-1 Christ, Hurley, McGuire, Voce None Rosenman IV. Oral Communications - none. VI. Consent Calendar 1. Minutes of March 19, 1996 2. Minutes of May 7, 1996 3. Minutes of July 16, 1996 4. Receive and File -Letter from Mayor Forsythe to California Coastal Commission re: Permit No. 5-96-107, Sunset Harbor Maintenance Facility 5. Receive and File -Letter from Mayor Forsythe to Department of To:,j(., Substances Control re: "Request for Applicable or Relevant and Appropriate Requirements" (ARARs) for IR Site 1, Seal Beach Naval Weapons Station 6. Receive and File -Letter from Mayor Forsythe to County of Orange re: "Marine Corps Air Station EI Toro Community Reuse Plan Draft Environmental Impact Report No. 563" C:\My Documents\EQCB Stuff\Minutes of October 8, 1996 doc . . . EQCB Minutes of October 8, 1996 7. Receive and File - City Council Supplemental Staff Report re: Bolsa Chica Project - Consistency Determination, Coastal Conservancy Project, and Ports of Long Beach and Los Angeles Master Plan Amendments for Wetlands Restoration Project, dated September 30, 1996 8. Receive and File - City Council Staff Report re: Review of "Draft En.vironmental Impact Report - Marine Corps Air Station. El Toro", dated September 30, 1996 9. Receive and File - City Council Staff Report re: City Response Letter re: Naval Weapons Station Site 1 - Non-time Critical Removal Action: Request for Identification of Applicable and Appropriate Requirements (ARARs), California Department of Toxic Substances Control, dated September 30, 1996 10. Receive and File - City Council Staff Report re: AQMP Application: "Quick Charge Program Proposal" - Status Report, dated September 30, 1996 11. Receive and File - City Council Staff Report re: Review of Draft Environmental Impact Report - 1997 Air Quality Management Plan (AQMP), South Coast Air Quality Management District, dated September 30, 1996 12. Receive and File - City Council Staff Report re: Sunset Harbor Maintenance Facility - California Coastal Commission Report, dated September 30, 1996 Motion by Hurley; second by McGuire to approve the consent with the removal of Items 2, 4, 7, 12. Motion Carried: A YES: NOES: ABSENT: 4-0-1 Chl'ist, Hurley, McGuire, Voce None Rosenman ITEMS PULLED FOR DISCUSSION 2. Minutes of May 7,1996 (Pulled for Discussion) Mr. Hurley indicated there is a non sentence at the top of page 2. It's in the first paragraph under 4. Mr. Whittenberg indicated staff would correct the minutes for the Board's next meeting. Also Mr. Hurley indicated on page 3 at the bottom paragraph there is a statement that the original drafts will be attached to the minutes. Mr. Whittenberg indicated they would be attached to the final Minutes. Motion by Hurley; second by Christ to hold this item to the Board's next regular meeting. Motion Carried: AYES: 4-0-1 Christ, Hurley, McGuire, Voce Page 2 Minutes of October 8, 1996 EQL13 Minutes of October 8. 1996 . NOES: ABSENT: None Rosenman 4. Receive and File -Letter from Mayor Forsythe to California Coastal Commission re: Permit No. 5-96-107, Sunset Harbor Maintenance Facility (Pulled for Discussion) Mr. Hurley asked that Items 4 and 12 be considered together. The Board agreed. 12. Receive and File - City Council Staff Report re: Sunset Harbor Maintenance Facility - California Coastal Commission Report, dated September 30, 1996 (Pulled for Discussion) . Mr. Hurley discussed Items 4 and 12. His concern was why this did not come before the Board prior to going to the City Council. He indicated the letter says City buys into the County's proposed mitigation and the rest of the letter reflects a "don't care" attitude. If the EQCB had been consulted the attitude of the City would have been less passive. He considers this an important issue for the City and the environment. He hopes the Coastal Commission will accept its staff's recommendation. He understands why staff has indicated this matter was not presented to the Board. Mr. Whittenberg indicated the only way the Board could have considered this was through a special meeting. Mr. Hurley said the EQCB is not authorized to hold a special meeting. Mr. Whittenberg indicated he believes there are provisions in the resolution dealing with the Board's meeting dates which allow a special meeting. Staffwill provide a copy of the resolution to the Board at its next meeting. 1 Mr. Hurley asked if the City has anything to say regarding the construction of recreation facilities within the City. Does the City have to allow the County to destroy a wetland here? Mr. Whittenberg said the City's General Plan calls for recreation facilities there and the City can't stop the construction if it's properly permitted. Mr. Christ indicated the area in question has already been disturbed by man. Chairman Voce asked what the mitigation measures are? Mr. Whittenberg indicated the mitigation measures call for the establishment of a Least Tern nesting site. The County is trying not to meet this mitigation measure, but the Coastal Commission staff and the City are both recommending the measure stay in place. Mr. Hurley asked how he could find out what action the Coastal Commission takes? Mr. Whittenberg indicated staff could call the Commission after the meeting and determine the action then report back to the Board at its next meeting. Mr. Hurley asked why two items came to the City with such a short review period. Mr. Whittenberg indicated the review period for a Negative Declaration has decreased in the past 3 or 4 years from 30 days to 20 days. Mr. Hurley asked if it was appropriate for him to volunteer to review environmental documents. Mr. Whittenberg said not currently, but the EQCB's charge could be changed. Mr. Hurley said he felt the City had dropped the ball and WaS not responding to wetland issues in the City. Mrs. McGuire suggested Mr. Hurley fax a letter to the Coastal Commission prior to the meeting. . Page 3 Minutes of October 8, 1996 . . . EQCB Minutes of October 8, 1996 Motion by Hurley; second by Christ receive and file Items 4 and 12. Motion Carried: A YES: NOES: ABSENT: 4-0-1 Christ, Hurley, McGuire, Voce None Rosenman 7. Receive and File - City Council Supplemental Staff Report re: Bolsa Chica Project - Consistency Determination, Coastal Conservancy Project, and Ports of Long Beach and Los Angeles Master Plan Amendments for Wetlands Restoration Project, dated September 30, 1996 (Pulled for Discussion) Mr. Hurley indicated he had no page 2 or 4. Mr. Whittenberg indicated this was a two-sided original and that was missed when this was copied. Mr. Whittenberg indicated this would be provided in its entirety at the next meeting. Mrs. McGuire asked that this be provided ASAP so it could be reviewed at leisure. Motion by Hurley; second by Christ receive and file Items 4 and 12. Motion Carried: A YES: NOES: ABSENT: 4-0-1 Christ, Hurley, McGuire, Voce None Rosenman VII. Public Hearings - None. VID. Scheduled Matters - none. IX. Staff Concerns Mr. Whittenberg suggested the Board should cancel its regularly scheduled meeting of October 15, 1996. X. Board Concerns Mr. Hurley discussed the July 16, 1996 Minutes. He felt McGuire should not he listed as absent, but rather as abstained for a vote. Mr. Christ discussed the use of volunteers. Mrs. McGuire indicated College Park East has a base liaison committee. She asked that the Board consider asking the ALUC to remove consideration of Seal Beach from the consent calendar for consideration of the AICUZ study. XI. Adjournment Motion by Hurley; second by McGuire to cancel the regular meeting of October 15, 1996 and reconvene on Tuesday, November 19, 1996 at 6:30 P.M. Page 4 Minutes of October 8, 1996 . . . Motion Carried: A YES: NOES: ABSENT: EQCB Minutes of October 8, 1996 4-0-1 Christ, Hurley, McGuire, Voce None Rosenman The meeting was adjourned at 7:33 P.M. Respectfully Submitted, Barry Curtis, Secretary Environmental Quality Control Board Minutes of October 8, 1996 Page 5 . . . , , Commission Requests 1 Resolution dealing with EQCB Meetings. Minutes of October 8, 1996 EQCB Mlflutes of October 8, 1996 Page 6