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HomeMy WebLinkAboutEQCB 1998-02-25 , . 'l . , . . " . \ Environmental Quality Control Board Minutes February 25, 1998 Call to Order at 6:32 p.m. L Pledge of Allegiance n. Roll Call Present: Absent: Christ, Hurley, McGuire, Rosenman, Voce Also Present: Lee Whittenberg, Director ofDeve)opment Services Barry Curtis, Associate Planner m. Approval of Agenda Mr. Whittenberg indicated that Item 1 should be removed because it contains a comment letter that the Board needed to discuss. . Motion by Hurley; second by Christ to approve the agenda, with Item 1 removed for discussion. Motion Carried: A YES: NOES: ABSENT: 5-0-0 Christ, Hurley, McGuire, Rosenman, Voce None None IV. Oral Communications - none. v. Consent Calendar 1. Removed for Discussion: Receive and File - City Council Staff Report dated January 12, 1998 re: Regional Transportation Plans - Southern California Association of Governments and Orange County Transportation Authority 2. Receive and File - City Council Staff Report dated January 12, 1998 re: Seal Beach Naval Weapons Station Installation Restoration Program - Status Report re: AI) Installation Restoration Sites 3. Receive and File - City Council Staff Report dated January 12, 1998 re: Comments on Mitigated Negative Declaration - Summerwood II, City of C:'A4y Oocuments\Bany's Old StumMy Documents\EQCB StuffWIinules of February 25, 1998.doc , . . . EQCB Mmutes of February 25, 1998 Westminster 4. Receive and File - City Council Staff Report dated January 12, 1998 re: San Gabriel River Watershed Study 5. Receive and File - City Council Staff Report dated February 9, 1998 re: AQMP Application: "Quick Charge Program Proposal" and Petroleum Violation Escrow Account (PVEA) Application - Status Report 6. Receive and File - City Council Staff Report dated February 9, 1998 re: Seal Beach Naval Weapons Station Installation Restoration Program - Status Report reo All Installation Restoration Sites 7. Receive and File - Staff Report dated February 25, 1998 re: Excerpts of "California Water Plan Update" 8. Receive and File - Staff Report dated February 25, 1998 re: Environmental Documents re: "Stage 2 Construction - Los Angeles Harbor Deepening, San Pedro Bay, California" 9. Receive and File - Staff Report dated February 25, 1998 re: Orange County Alternative Fuels Strategy Motion by Hurley; second by Christ to approve the consent calendar with the removal ofItem 1. Motion Carried: A YES: NOES: ABSENT: 5-0-0 Christ, Hurley, McGuire, Rosenman, Voce None None ITEMS PULLED FOR DISCUSSION 1. Receive and File - City Council Staff Report dated January 12, 1998 re: Regional Transportation Plans - Southern California Association of Governments and Orange County Transportation Authority Mr. Whittenberg delivered a brief staff report regarding these matters. A number of the projects discussed are transit-oriented and the City is asking some clarification regarding why these projects are more desirous than HOV lanes and other carpool infrastructure. He also discussed a future transit project to be built along the 1-605 freeway. Chainnan Rosenman asked that M.D. be added after his name on the signature line. Boardmember Hurley indicated the dates in the second to last paragraph must be changed. Boardmember Hurley asked the status of the Master EIR.. Mr. Whittenberg indicated the City has just received it. .Page 2 Minutes of February 25, 1998.doc , '. . '. EQCB Minutes of February 25, 1998 Motion by Christ; second by Voce to approve the letter as amended and authorize the chainnan to sign it. Motion Carried: AYES: NOES: ABSENT: VI. Public Hearings - None. vn. Scheduled Matten 5-0-0 Christ, Hurley, McGuire, Rosenman, Voce None None 10. Minutes of August 19, 1997 (continued) Motion by Hurley; second by McGuire to accept the Meeting Minutes of August 19, 1997 as presented. Motion Carried: A YES: NOES: ABSENT: 5-0-0 Christ, Hurley, McGuire, Rosenman, Voce None None 11. Minutes of September 16, 1997 (continued) Mr. Curtis indicated this matter has been continued to allow Boardmember McGuire to review and make changes to the draft Minutes. He indicated he didn't believe she had completed these amendments. Mr. Curtis indicated he had provided the Board with a Revised Version which is laid out in the Board's familiar layout. The Board unanimously agreed to continue this matter until Boardmember McGuire has made her changes. 12. Minutes of November 13, 1997 Motion by Hurley; second by Christ to accept the Meeting Minutes of November 13, 1997 as presented. Motion Carried: A YES: NOES: ABSENT: 5-0-0 Christ, Hurley, McGuire, Rosenman, Voce None None 13. Minutes of January 28, 1998 Motion by Hurley; second by Christ to accept the Meeting Minutes of January 28, 1998 as presented. Minutes of February 25, 1998.doc Page 3 , . . '. EQCB Minutes of February 25. 1998 Motion Carried: A YES: NOES: ABSENT: 5-0-0 Christ, Hurley, McGuire, Rosenman, Voce None None 14. Consideration of City Response Letter re: Draft Action Memorandum/Removal Action Work Plan, Non-Time Critical Removal Action for Installation Restoration Site 8 - Battery Shop Drainage from Building 235 Mr. Whittenberg presented the staff report. Essentially, the project consists of digging up some contaminated soil and removing it from the site. The City has prepared a draft comment letter from the City which addresses what staff believes are the two primary concerns of the City. These are I} Contaminated soil is proposed to be stockpiled fairly close to McGaugh school. In the event of a Santa Ana wind condition, soil particles could conceivably be blown toward the school. Staff is recommending covering of the stockpile. 2} There is no indication in the document that the archaeological protection plan will apply to this project; staff is just reminding them to follow this plan. Boardmember Voce indicated the letter should reflect Boardmember Rosenman as the Chainnan. Boardmember McGuire indicated a ploy of commercial people is to allow contaminated soil to sit and blow away. Mr. Whittenberg indicated this is a Federal project and the City can only recommend things. Chairman Rosenman suggested a target date for completion. Boardmember Voce indicated the Navy typically has a target date. Mr. Whittenberg indicated this could be accomplished by adding an additional paragraph just above the Archaeological Resources Protection Plan at the top of Page 10. Boardmember Hurley asked about leeching of contaminants from this site into the wetlands. Chairman Rosenman said it is not a concern at this site. Motion by Hurley; second by Christ to approve the letter as amended and authorize the Chainnan to sign it. Motion Carried: AYES: NOES: ABSENT: 5-0-0 Christ, Hurley, McGuire, Rosenman, Voce None None 15. Consideration of City Response Letter re: Initial Study re: Proposed Rule 1401, New Source Review of Toxic Air Contaminants - South Coast Air Quality Management District Mr. Whittenberg presented the staff report. This will add about 450 chemicals to SCAQMD's list oftoxic air contaminants. This will conform with the Federal EPA's list and the State Department of Health Services' list. Page 4 Minutes of February 25, 1998.doc EQCB Minutes of February 25, 1998 . Boardmember Hurley indicated that in the last sentence of the next to last paragraph of Page 6 the first comma should be deleted. Motion by Voce; second by Hurley to approve the letter as amended and authorize the Chairman to sign it. Motion Carried: AYES: NOES: ABSENT: 5-0-0 Christ, Hurley, McGuire, Rosenman, Voce None None 16. Consideration of a Letter from EQCB re: Bixby For Sale Signs Mr. Curtis indicated this matter was initiated by Boardmember McGuire. Boardmember McGuire indicated that this matter was left with each of the Boardmembers to approach and discuss this matter with their Councilmember. Chairman Rosenman indicated he had approached his --. Boardmember Christ asked whether the City Attorney has been approached regarding the legality of the signs? Mr. Whittenberg indicated the Board could forward a memo to the City Council asking them to pursue this. Chairman Rosenman indicated he thought the Board was going to delay consideration of this matter until after the hearing on the DEIR. to see whether the public was confused about the signs. Boardmember Voce indicated that was discussed, but no decision was reached. Boardmember McGuire has discussed this matter with a City Attorney friend, he indicated it probably wasn't a matter for the City Attorney, but rather, the MOD has a "good faith" clause and this deceptive signage is not good faith. He felt the City Attorney could write a letter to Bixby reminding them of the MOD and indicating this is not in good faith. Boardmember Christ wanted to know whether this was a criminal matter. Boardmember McGuire said it's a matter that's comes under the purview of the Department of Real Estate. It would be nice if this matter could have been resolved between the City Manager and Bixby, but she would prefer the City Council do it. Boardmember McGuire hadn't prepared a memo to the Council yet because she was waiting to hear feedback from the Councilmembers. Boardmember Hurley had talked with Councilmember Fulton, but he hadn't decided his position yet. Boardmember Voce suggested Boardmember McGuire discuss this with her Councilmember and ask her to bring this up at the Council level. She could indicate the Board's specific concern centers around confusion of the public as to the status of the project, and this could undermine the review process. . . Motion by Voce; second by Christ to authorize Boardmember McGuire to present the concerns of Board to the City Council as a public oral concern. l. Motion Carried: AYES: NOES: ABSENT: Minutes of February 25, 1998.doc 5-0-0 Christ, Hurley, McGuire, Rosenman, Voce None None Page 5 {. . (. EQCB Minutes of February 25. 1998 17. Consideration of Gas Powered Leaf Blowen Boardmember Voce asked that this issue be tabled until after the new Council takes its seat in May. Boardmember Hurley asked that the term used be "gasoline powered" leaf blowers. VIII. Staff Concerns - none. IX. Board Concerns Chainnan Rosenman congratulated Boardmember Voce on being made co-chair of the Restoration Advisory Board at the Weapons Station. Boardmember Voce discussed a January 27th meeting on the San Gabriel River watershed. Mr. Whittenberg attended the meeting. He indicated Los Angeles County wants to set up two advisory bodies. Sometime in March or April they will make the announcement and will ask cities and other agencies to make appointments to these. Mr. Whittenberg indicated he'd discussed this matter with a representative of the City of Long Beach and they have essentially the same concerns as those of Seal Beach. Boardmember McGuire indicated that Los Alamitos High School is doing some tests on the San Gabriel River water quality. The Board asked Boardmember McGuire to discuss the City's interest in this matter with their teacher and coordinate a discussion with them. x. Adjournment The meeting was adjourned at 7:49 P.M. Respectfully Submitted, Barry ci/?,~etary Environmental Quality Control Board F: These Minutes were approved by the EQCB on Je/ 1. Y 2 9 . 1998. Page 6 Minutes of February 25, 1998.doc