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HomeMy WebLinkAboutEQCB Min 1996-03-19 . Environmental Quality Control Board Call to Order at 6:32 p.m. L Pledge of Allegiance n. RoB CaB Present: Absent: Also Present: Minutes March 19, 1996 Voce, Hurley, Hood, Rosenman None Bill Doane, Councilmember Keith Till, City Manager Barry Curtis, Administrative Assistant Bob Eagle, Parks Supervisor . m Approval of Agenda Motion by Rosenman; second by Hood: to approve the agenda as presented with Item S, Discussion of Public Tree Policy Issues, to be considered after Agenda Item Ill, Approval of Agenda. Motion Carried: AYES: NOES: ABSENT: 4-0 Voce, Hood, Hurley, Rosenman None None VB. SCHEDULED MATTERS 5. Discussion of Public Tree Policy Issues Chairman Voce indicated he had met with the Mr. Till, the City Manager, and Mr. Till had asked for time to review the tree policy as approved by the EQCB and to make comments on it. Mr. Voce indicated Bob Eagle was also present to address questions or concerns of the EQCB. Mr. Till introduced himself to the EQCB, indicating Mr. Voce was very effective in getting the tree policy issue to his attention. Mr. Till reviewed his purpose is to achieve common goals.. Mr. Till discussed the tree policy formulated by the Board. Mr. Till indicated the document . C:\.MY DOcUMENTS\.BARRY'S OLD STUFF\.MY DOcUMENTS\.EQCB STUFF\.MINUTES OF MARCH 19. 1996.DOC BC/Be . . . EQCB Minutes of March 19, 1996 contains very sound objectives, and the underlying premise is that the EQCB would like to see more trees in the City. The initial focus is to preserve existing healthy trees, and to plan for replacement and addition of trees. This seems to be the basic objective of the EQCB. Mr. Till indicated there are several fundamental approaches which could be taken; one is a regulatory approach, and the other is an incentive-based approach. The document includes both types of approaches, particularly in the master tree plan portions of the tree policy. Mr. Till further indicated his approach would be to start to build some momentum with the incentive-approach, seeking a buy-in from the community, and business and citizen support. The regulatory approach can be seen as an infringement of liberty, and the potential for some conflict. He indicated some housekeeping and procedural changes should be considered, using the example that there is now an in-house public works director who would be appropriate to deal with the tree issues. He would like to use the recommended tree policy as the catalyst for establishing a working group to meet with City staff and the EQCB to further fine-tune the documents, and offer a positive program with hopeful financial assistance from the community for a planned tree program. Member Hurley inquired if there are existing funds for tree programs within the City. Mr. Eagle indicated the City has a special tree account which is funded by contractor or builder deposits required as part of building projects throughout the City for planting of trees in the parkway where they do not exist. Mr. Hurley asked what is the basis for requiring the funds to be paid to the City? Mr. Curtis indicated the basis is set forth in the City Code and fee schedule for replacement of trees. Member Rosenman indicated the suggestions are similar to the Main Street Specific Plan in that a phasing program is being proposed, and that in Laguna Beach the community has come forward to plant trees in Laguna Canyon in order to give something back to the community. He suggested some recognition be given to those persons who do provide funds to plant trees. Mr. Till indicted he would suggest the outcome of this discussion could lead to the establishment of a working group which could deal with types of issues, and provide a fine- tuning of the current recommended document and the establishment of a master tree plan. Member Hood indicated a concern not being addressed is that trees are being removed, resulting in less trees, and that is why a regulatory approach was being taken. Mr. Till indicated his understanding was that more trees were desired, and maybe he stands corrected. Member Voce indicated an overall tree management policy is needed to increase the number of trees, but to also to provide guidelines to staff for proper tree management overall. Discussion continued as to whether a tree ordinance is necessary, with Mr. Till indicating the recommended document has flaws in his opinion. Page 2 MINUTES OF MARCH 19. 1 996 . . . EQCB Minutes of March 19, 1996 Councilmember Doane inquired what regulatory portions of the document were objectionable? Mr. Till indicated the existing laws prevent a private citizen from going onto City property and removing public property, and there is no permit procedure in place to allow either the removal or the placement of a tree on public property. Mr. Eagle indicated that both of these occurrences have occurred in the City and the City is left to deal with the future costs. There is a problem with ficus trees, and they do not belong in parkway situations, but they are acceptable in a park location. In response to a question, Mr. Eagle indicated eucalyptus and liquid amber trees cause problems in parks due to their brittle branch characteristics. Mr. Hood further asked if the existing recommended document is worth keeping, or should it be discarded? Mr. Till indicated the document has enough to work on. Mr. Hood suggested City staff prepare a revised document in the form they feel it should be. Mr. Till indicated the process of regulating your way through to an overall objective may create more a problem than if the overall goals are given the primary focus, and the recommended document may not achieve those long range goals. Mr. Hood asked why staff does not provide a guideline as to how that can be done, he has no objection to looking at a change in philosophy and in taking a look at a consistent program of policy and implementation programs. Chairman Voce asked if Mr. Eagle has any thing else to provide, since he has to leave in a few minutes. Mr. Eagle stated West Coast Arborists has many different ways of assisting local communities in dealing with tree issues, and they have offered to assist the City in its efforts. Mr. Till indicated West Coast Arborists has an extensive inventory of trees within the City, and that work should be incorporated. Member Rosenman stated he wondered if a semi-urgency ordinance regarding the removal of City trees is needed to properly inform the community. This could be a temporary measure while the policy is being developed. Mr. Till asked ifit is necessary to enact an ordinance to educate the public? There are currently provisions which address this issue, and there are other ways than adopting an ordinance to explain current regulations of the City. Member Rosenman indicated his concern is that the gardening season is upon us and trees may disappear. He felt the word needs to be gotten out at this time, perhaps even a report to City Council on the concerns. Mr. Till indicated the City has started the education process with the brochure, but that additional educational activities could be undertaken. Page 3 MINUTES OF MARCH 19, 1996 . . . EQCBMinutesofMarch 19,1996 Chairman Voce stated his understanding is that the recommended ordinance sets the framework, and sets in motion the establishment of a tree policy. It appears Mr. Till is wanting to meet with West Coast Arborists, staff, and interested individuals to develop the tree policy. Mr. Till agreed, indicating you don't need a law to do a plan and he is willing to commit staff resources. Chairman Voce indicated the ordinance could be enacted soon, and start the plan process, providing some level of protection while the plan is being developed. Chairman Voce asked if there are portions of the recommended ordinance Mr. Till would recommend for modification or deletion? (There was no audible response) In response to a question from Member Hurley, Mr. Eagle indicated West Coast Arborists only trim trees at this time, but that they are available to provide additional services. Mr. Eagle has a survey of various trees throughout the City, including resident's trees. Mr. Eagle reviewed the tree trimming program and the cost constraints that impact those programs, and the various changes to public tree policies and within the landscape industry which have occurred over the recent past. The issue of private improvements on the public right-of-way as opposed to trees within an easement area cause substantial concerns to City staff. Mr. Eagle indicated trees are removed for a very good reason, and reviewed some of those reasons, and budget issues are a major constraint. Mr. Till indicated a change of course is necessary. Mr. Eagle reviewed requirements of the City, which in some cases restrict the number of trees that can be planted in an area, and those issues need to be resolved. The Board thanked Mr. Eagle and Mr. Till for their time in discussing this matter. Member Hood indicated he would suggest the Board see what staff comes up with in a consistent program, in light of a regulatory program, indicating he is not overly pleased with the recommended ordinance. He suggested a sub-committee be appointed to work with Mr. Eagle in developing a tree plan. Member Rosenman agreed with the suggestion. Member Hurley indicated there should be some consensus as to the purpose of the sub-committee. Chairman Voce expressed a concern that the tree plan may be a very legally weak document. Mr. Till indicated the tree plan would become a City Council adopted plan, with instruction to staff to implement, and hopefully with private participation to speed up the implementation. Member Hurley inquired if the current authority to regulate public trees is in an ordinance form. Mr. Till indicated yes. Member Hurley discussed actions in 1993 relating to this issue, with the City Council authorizing the EQCB to conduct hearings, and were those hearings held. Mr. Curtis indicated the hearings were noticed in the paper, and no one attended. Page 4 MINUTES OF MARCH 19. 1996 . . . IV. EQCB Minutes of March 19, 1996 Member Hood indicated it appears a planning document, rather than an ordinance, is desired, and that a sub-committee should be appointed to work with staff and interested citizens to develop the tree pollcy planning document. Chairman Voce suggested a 60-day schedule be set up, recommending the May 21 meeting for consideration of this matter. He also suggested the following persons to be involved in this effort: two staff persons directly involved with this issue; an urban forester; a landscape architect; two members of the EQCB, and; West Coast Arborists. Member Rosenman suggested a representative from College Park East be involved. After discussion, the Board felt each councilmanic district have the opportunity to be represented also. After discussion, it was determined this is the sense of the Board. Mr. Till indicated staff will initiate the meeting process as soon as possible, and that a status report will be scheduled for Board consideration on May 21, 1996. The Board again thanked Mr. Till for his attendance this evening. Oral Communications Mr. Joe Dimento asked what is the purpose of the Board. Mr. Curtis indicated the Board is an advisory board to the City Council relating to environmental issues that affect the City of Seal Beach. The Board will provide recommendations to the City Council regarding various environmental issues. Member Rosenman indicated the Board also reviews EIR documents for the City, and makes a recommendation as to the adequacy of the document to the Planning Commission and City Council. Chairman Voce reiterated the Board is a recommending body only. Mr. Dimento asked if air quality issues are also considered, and only for the City of Seal Beach? Mr. Curtis indicated Mr. Dimento has a concern regarding noxious smoke from a restaurant in town, and its impact on his quality of life, and the particular project was exempt from the requirements of the California Environmental Quality Act (CEQA). Chairman Voce ascertained the issue is smoke from the char-broiling equipment at Burger King. Mr. Dimento indicated his concern is that the Board should be involved in this issue in some manner. Member Rosenman suggested Mr. Curtis prepare a consideration item on the next Board agenda to discuss who has authority over this issue. Mr. Curtis indicated the South Coast Air Quality Management District (SCAQMD) has permitting authority over the equipment utilized by the restaurant, and the CUP on the property is only related to the drive-through window, not the restaurant operation. Mr. Curtis indicated the building inspectors have investigated the situation twice and all codes of the City are being met and a meeting with SCAQMD enforcement personnel is scheduled for next week to determine if their regulations are being met. Mr. Curtis indicated that based on previous complaints from Mr. Dimento, staff has Page 5 MINUTES OF MARCH 19. 1996 . . . v. VL EQCB Minutes of March 19, 1996 investigated several Burger King and Carl's Juniors locations, and they all have a similar smoking situation. There is not a disagreement with Mr. Dimento's complaint, only that the SCAQMD regulations may not address the concern, and staff is hoping to convince SCAQMD to address the issue with some sort of a filtering system. Mrs. Dimento further inquired as to how a barbecue restaurant is treated, and can they apply those standards to Burger King. Mr. Curtis indicated when the meeting with SCAQMD is held he will explore that matter. The smoke is not life-threatening or a physical hazard, but is a nuisance. Chairman Voce asked for a status report at the next meeting. In response to a question from Member Rosenman, Mr. Curtis indicated the County Health Department has inspected the building several times, and all health standards are met. Mr. Dimento further asked if a greater number of complaints would have any impact with SCAQMD. Mr. Curtis indicated that is unknown, but that SCAQMD has very specific standards, and that is what they enforce. Member Rosenman suggested the neighborhood sign a letter regarding this issue and present it to the Planning Commission and to SCAQMD. Mrs. Dimento indicated the public should be involved in the discussion regarding a public tree policy, indicating she would like to serve in that effort on the working group. Consent Calendar 1. Receive and File - City Council Staff Report dated February 26, 1996 re: Offshore Oil Drilling Ban - Supplemental Report # 2. 2. Receive and File - Letter of Resignation from Boardmember Kilkerry dated February 19, 1996 3. Receive and File - Letter to Senator Diane Feinstein dated March 11, 1996. Motion by HOOD; second by Hurley to approve the items on the consent calendar. Motion Carried: AYES: NOES: ABSENT: 4-0 Voce, Hood, Hurley, Rosenman None None Public Hearings - None. Page 6 MINUTES OF MARCH 19. 1 996 . . . EQCB Minutes of March 19, 1996 VB. Scheduled Matten 4. Minutes of January 23,1996 Mr. Hurley questioned certain comments relating to the Bolsa Chica EIR, and Mr. Curtis clarified the matter. A typographical correction was also noted. Motion by HOOD; second by Rosenman to accept the minutes of January 23, 1996 as presented. Motion Carried: AYES: NOES: ABSENT: 4-0 Voce, Hood, Hurley, Rosenman None None vm Staff Concerns - None IX. Board Concerns Chairman Voce indicated Gum Grove Park is undergoing major restoration with over 100 trees being removed due to disease. State foresters, Fish and Game personnel, city staff and Orange County Fire Authority personnel are involved. He has a concern that controlled burning of branches may create a lye pond within the park. Further investigation and restoration activity regarding dumping of macadam onto some frog ponds is ongoing. Mr. Curtis indicated he will forward those concerns to Mr. Badum and Mr. Till. In response to a question from Member Hurley, Chairman Voce indicated Gum Grove Park is owned by the Hellman Ranch and leased to the City, and the restoration has been agreed to by the Hellmans. Chairman Voce also indicated the City questionnaire was very good, but did not address general environmental issues. Member Rosenman indicated the questionnaire should be published separately, and would question any results from it. Secondly, a service above and beyond duty by Chairman Voce and the members of Gum Grove Park Group in working on the Gum Grove Park restoration effort deserves recognition. Page 7 MINUTES OF MARCH 19. 1996 . . . EQCBMinutesofMarch 19,1996 Member Hurley indicated a concern regarding the use of a phrase of" . . the lack of agenda items." and that may not be the case. He suggested use of language such as ". . agenda items not ready for Board consideration." In addition, he suggested that individual board concerns be distinguished by separate paragraphs by speaker in the minutes. x. Adjournment Motion by Hood; second by Rosenman: To adjourn to April 16, 1996. Motion Carried: 4 - 0 AYES: Voce, Hood, Hurley, Rosenman NOES: None ABSENT: None The meeting was adjourned at 8:00 P.M. Respectfully Submitted, Barry Curtis Barry Curtis, Secretary Environmental Quality Control Board Page 8 MINUTES OF MARCH 19. 1996