Loading...
HomeMy WebLinkAboutEQCB Min 1996-09-17 . . . Environmental Quality Control Board Minutes September 17, 1996 Call to Order at 6:32 p.m. in tb~..Cj!y..M.~n~.8~r's CQ.uf.~r~n~e_RoQ.m I. Pledge of Allegiance - omitted as no flag present ll. Roll Call Present: Christ, Hurley, McGuire, Rosenman, Voce Also Present: Lee Whittenberg, Director of Development Services (7:50 p.m.) Barry Curtis, Associate Planner m Approval of Agenda Mr. Hurley requested items 3-5 be removed for discussion. Mrs. McGuire asked that items 1 and 6 be removed for discussion. Motion by Rosenman; second by Christ to approve the agenda as amended. Motion Carried: AYES: NOES: ABSENT: 5-0 Christ, Hurley, McGuire, Rosenman, Voce None None IV. Oral Communications - none. VI. Consent Calendar 1. Receive and File - City Council Staff Report dated June 10, 1996 re: Los Alamitos Channel Status Report 2. Receive and File - City Council Staff Report dated July 22, 1996 re: Status Report - Surfside Revetment Repair and Sand Nourishment Program 3. Receive and File - City Council Staff Report dated August 12, 1996 re: Response to Application for Permit to Army Corps of Engineers - Fill of Wetlands to Construct Sunset Harbor Maintenance Facility 4. Receive and File - Response Letter re: Public Notice - Application for C:\My Documents\Barry's Old Stuff\My Documents\EQCB Stuff\Minutes of September 17, 1996.doc . . . EQCB Minutes of September J 7, 1996 Permit No. 96-00332-MFS 5. Receive and File - City Council Staff Report dated August 12, 1996 re: Consideration of Proposed Negative Declaration - Emergency Spillway for Los Alamitos Retarding Basin 6. Receive and File - Orange County Airport Land Use Commission Agenda for August 15, 1996 Motion by Rosenman; second by Hurley to approve the consent calendar consisting of Item 2. Motion Carried: AYES: NOES: ABSENT: 5-0 Christ, Hurley, McGuire, Rosenman, Voce None None ITEMS PULLED FOR DISCUSSION 1. Receive and File - City Council Staff Report dated June 10, 1996 re: Los Alamitos Channel Status Report (Pulled for Discussion) Mrs. McGuire asked where the data came from regarding whether the January 1995 flood event was a 100-200 year flood. Jerry Sterling ofOC EMA told there are different ways to measure rainfall, but he believes it was a 50-75 year event. She'd like to see what information the City used to determine it was a 100-200 year floodl. She wants to know why the study doesn't include College Park East and West. Once the study has been done with proposed mitigation measures it's almost too late to be included in the study. On July 25 W.L Zan, Director of Public Works acknowledged the College Park East's letter and pictures regarding the flood. College Park West and Old Town have no input at this time. Basically, she'd like to see the data used to ensure all parts that were flooded are included. She thinks the EQCB should be given information regarding how a 25-year, 100- year flood, etc. is determined. 3. Receive and File - City Council Staff Report dated August 12, 1996 re: Response to Application for Permit to Army Corps of Engineers - Fill of Wetlands to Construct Sunset Harbor Maintenance Facility (Pulled for Discussion) The Board indicated it wished to consider both items 3 and 4 together. Boardmember Hurley indicated he was surprised by this item. He doesn't recall getting a ehaflge--chance to comment on EIR 478. Mr. Curtis indicated the EIR for major revisions to the Aquatic Park was circulated and adopted in the late 1980's. Mr:._Hyrl~y..~~id__yv.Wetlands are a hot button topic and~jy.dging_b.y.._~tmr~_~~tiQn_~jn Page 2 Minutes of September 17. 1996 . . . EQCB Minutes of September 17, 1996 this matter, the City of Seal Beach doesn't care about wetlands in our own City. Mr. Curtis indicated the Board couldn't have commented on the EIR at that time because it was adopted in the 1980's. This is simply an information item regarding a Corps permit. However, this matter must still go before the Coastal Commission for its review and approval. Boardmember Hurley indicated he is saddened by a loss of wetlands. Chairman Voce felt possibly the mitigation measures listed in the approved EIR could be acceptable but he hasn't seen them. He'll come by the City in the next couple of days to review them. Mr. Curtis suggested that the Board could still make individual comments on this matter to the Coastal Commission at its next meeting. 4. Receive and File - Response Letter re: Public Notice - Application for Permit No. 96-00332-MFS (Pulled for Discussion) 5. Receive and File - City Council Staff Report dated August 12, 1996 re: Consideration of Proposed Negative Declaration - Emergency Spillway for Los Alamitos Retarding Basin (Pulled for Discussion) Boardmember Hurley asked whether a lot of trash in the basin would slow down flow &YeF-over the spillway. Mr. Curtis indicated the trash should be removed prior to reaching the spillway. Boardmember McGuire pointed out the City Council had asked a number of questions in the letter. 6. Receive and File - Orange County Airport Land Use Commission Agenda for August 15,1996 (Pulled for Discussion) Boardmember McGuire asked that the Board be made aware of these agendas as much in advance as possible to allow interested people to attend ALUC meetings. She received the agenda in September, obviously after the meeting. Mr. Curtis indicated this was the agenda Boardmember McGuire and he had discussed prior to the August 15th meeting and Mr. Curtis had indicated Seal Beach would not be considered at that meeting. For that reason the agenda wasn't mailed out immediately. She suggested drop boxes for Boardmembers so they can come by periodically to received items in a more timely manner. Boardmember McGuire discussed noise studies. John Wayne airport has used CNEL levels in the past, but they're finding single event noise levels are a better measure of affects on the public. How can she get information regarding this matter? She's tried two senators' offices. Mr. Curtis suggested that perhaps the FAA could provide her information. Motion by Rosenman; second by Christ to receive and file Items 1, 3,4,5 and 6. Motion Carried: AYES: NOES: ABSENT: 5-0 Christ, Hurley, McGuire, Rosenman, Voce None None Page 3 Minutes of September 17, 1996 . . . EQCB Minutes of September 17, 1996 VB. Public Hearings - None. vm. Scheduled Matters 7. Minutes of March 19. 1996 Boardmember Hurley indicated Mr. Till's answer on the bottom of page 3 was not completed. Mr. Curtis indicated he had reviewed the tape and no audible response was given. He suggested adding, "No audible response given" in parenthesis after the question. Motion by Hurley; second by Rosenman to approve the Minutes of March 19, 1996 as amended. Motion Carried: A YES: NOES: ABSTAIN : 4-0-1 Christ, Hurley, McGuire, Rosenman, Voce None McGuire (Director Whittenberg arrived (7:50)) 8. Minutes of May 7. 1996 Boardmember Hurley indicated the May 7th and July 16th Minutes don't include a list of the consent calendar items whereas all other Minutes up to that date have. Mr. Whittenberg indicated he had prepared those Minutes and was unfamiliar with the normal format. Boardmember Hurley indicated there is a non-sentence at the top of page 7, it begins "However, regarding..." Mr. Rosenman indicated he felt it should read "However, regarding the archaeological and historical issues these could have been better dealt with." Motion by Rosenman; second by Christ to continue this matter to the Board's next meeting to allow staff to make the changes discussed above. Motion Carried: AYES: NOES: ABSENT: 5-0 Christ, Hurley, McGuire, Rosenman, Voce None None 9. Minutes of July 16, 1996 Boardmember Hurley indicated he has the same concerns as with the May 7th Minutes, regarding lack of consent calendar items. Motion by Rosenman; second by Hurley continue this matter to the Board's next Page 4 Minutes of September 17, 1996 EQCB Minutes of September 17, 1996 . meeting to allow staff to add the consent calendar items. Motion Carried: AYES: NOES: ABSENT: 5-0 Christ, Hurley, McGuire, Rosenman, Voce None None (Five Minute Break Taken) 10. Review of "Draft Environmental Impact Report - Marine Corps Air Station El Toro Community Reuse Plan" . Mr. Whittenberg presented the staff report. He indicated that when the Council directed staff to respond to this matter they directed staff to specifically respond to items that will have a direct impact on the City. Staff considered general quality of life issues that the project may have which could impact Seal Beach. Those relate to job creation and employment opportunities. Basically, City stafffocused comments on assuring the document is sound analytically. We have concerns that some of the analysis is not consistent with what other regional airport evaluation agencies are using.. for example SCAG. SCAG has identified South County could accommodate maybe 20-22 million passengers per year; this report indicated 38 million passengers per year. Our comment suggests their analysis should take this into account regarding infrastructure improvements, etc. Basically, that is the thrust of the City's proposed comments. Boardmember Hurley expressed a concern that if the project goes forward and fails it could leave the taxpayers to bail it out. Mr. Whittenberg indicated, as he understands it the demand for commercial airport use is great enough in this area that that is not a concern. He also felt on page 20, at the bottom, "It should be the desire. . ." he felt it would read better if it said, "It should be the desire of the County of Orange to present an implementation plan for El Toro based on reasonable expectations." IIe-a.Q~r.dm~mb~LHyrl~y..further recommended an additional paragraph (added as the second paragraph on page 15) to read "Also, we are concerned about the impact on wildlife in the areas adjacent to the MCAS of the volume of aircraft operations projected under Alternatives A and B. Please indicate where this concern is addressed within the DEIR. And ifnot addressed please address in a response to this comment." Mr. Whittenberg said he felt the comment was most appropriate in the body of the cover letter itself. Boardmember McGuire inquired at what point the international agreements with LAX expire. Mr. Whittenberg indicated he wasn't sure. . Chairman Voce discussed growth-inducing effects, and the localized land use wars that will rage because of all development scenarios. Also, aU-lAfee.pr-ojeets-plaee d~lopmeAt directly nCKt to wildlife habitatwiJdlife habitats are designated in all !hr_~~__~~~.mujQ~__n~~JQ_.g~~ign!lt~!tg~y.~lQp..m~nt. Page 5 Minutes of September 17. 1996 . . . EQCB Minutes of September 17, 1996 Motion by Rosenman; second by Hurley to approve proposed letter as amended, authorize the chairman to sign it and forward it to the City Council. Motion Carried: AYES: NOES: ABSENT: 5-0 Christ, Hurley, McGuire, Rosenman, Voce None None 11. Environmental Impact Report - 1997 Air Quality Management Plan (AQMP), South Coast Air Quality Management District Mr. Whittenberg has similar concerns regarding whether the science used is sound. Boardmember Hurley discussed on page 4.2-17 it says, "The overall emission decreases gained by the 97 plan far outweigh any adverse potential secondary adverse air quality impacts that may occur." It implies you don't have to mitigate something if the overall result is beneficial. Is this in keeping with CEQA? Mr. Whittenberg said yes. On page 4.2-23, credits are discussed. Doesn't EPA do this, too? Mr. Whittenberg said yes, however, most ofEPA's credits are based on AQMD's model. Boardmember Rosenman was happy the City plugged the electric vehicles. Motion by Hurley; second by Rosenman to approve City response letter and authorize the Chairman to sign it. Motion Carried: AYES: NOES: ABSENT: 5-0 Christ, Hurley, McGuire, Rosenman, Voce None None IX. Staff Concerns Mr. Curtis indicated members had received a copy of a letter from former member Hood thanking them for their congratulations. Also, regarding the drop boxes suggested earlier, he would put an envelope with each member's name in the outgoing mailbox at the building and planning counter on the second floor. x. Board Concerns Boardmember Rosenman asked what had happened with Burger King several months ago. Mr. Curtis indicated Burger King installed a scrubber on their exhaust and complaints have ceased. He-;e.Q~r.~J]l.~lJ1ber Rosenman also discussed a recent town hall meeting that got nasty. Maybe the Board can approach the Council about laying groundwork for decorum. Page 6 Minutes of September 17,1996 . . . EQCB Minutes of September 17, 1996 Boardmember McGuire asked whether the October meeting date could be changed as she has a prior commitment. XL Adjournment Motion by Rosenman; second by McGuire to Adjourn to October 8, 1996. Motion Carried: AYES: NOES: ABSENT: 5-0 Christ, Hurley, McGuire, Rosenman, Voce None None The meeting was adjourned at about 8:45 P.M. Respectfully Submitted, Barry Curtis, Secretary Environmental Quality Control Board Minutes of September 17. 1996 Page 7 . . . r EQCB Minutes of September 17, 1996 Commission Requests 1 Where did City determine Jan. 1995 rain event was a 100-200 year event Page 8 Minutes of September 17, 1996