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HomeMy WebLinkAboutEQCB 1998-04-15 I 1. ~ . . i. .. Environmental Quality Control Board Minutes April 15, 1998 Call to Order at 6:30 p.m. L Pledge of Allegiance n. Roll Can Present: Absent: Hurley, McGuire, Rosenman, Voce Christ Also Present: Lee Whittenberg, Director of Development Services Mr. Whittenberg indicated Boardmember Christ is on vacation and made a motion to excuse his absence (approved 4-0). Additionally, Barry Curtis, Associate Planner, is absent due to family business. m. Approval of Agenda IV. v. VI. vn. Chairman Rosenman would like add to the agenda a discussion of the upcoming hearing of the DEIR. on the proposed Bixby Towne Center project. This wi)) become Item 5 in scheduled matters. This will not be deliberation, merely a discussion ofEQCB process. Motion by Mr. Hurley; second by Voce to approve agenda as modified. Motion Carried: A YES: NOES: ABSENT: 4-0-1 Hurley, McGuire, Rosenman, Voce None Christ Oral Communications - none. Consent Calendar- none Public Hearings- none Scheduled MaUen 1. Minutes of February 25, 1998 EQCB meeting- '.. ~ . . . EQCB Minutes of April 15. 1998 Boardmember Hurley indicated that he felt these were acceptable despite the fact that some board concerns were not included. Minor things, nothing of phrase consequence or import to the meeting record. Chairman Rosenman asked the Board if that was okay. Boardmember McGuire objected to the approval of said minutes. She said she would like to pull the item from scheduled matters. She called City Hall that day to request audio tape of meeting but nobody was available. She would like to transcribe the minutes herself Items of discussion omitted which were pertinent (Items 14 and 16). She indicated it would be appropriate to table item from current agenda and continue at a later date. The Board discussed a possible date for consideration of the matter, perhaps after the EIR hearings on the Bixby matter. Motion by McGuire; second by Voce to table approval of minutes from February 25, 1998 t~, be heard as scheduled matter on May 27 meeting. Motion Carried: A YES: NOES: ABSENT: 4-0-1 McGuire, Burley, Rosenman, Voce None Christ 2. Minutes of March 25, 1998 EQCB meeting- No objections to approval. Motion by Hurley; second by Voce to approve the minutes, as written. Motion Carried: AYES: NOES: ABSTAIN : ABSENT: 3-0-1-1 Hurley, Rosenman, Voce None McGuire Christ 3. Consideration of City Response letter for Draft Site Evaluation Work Plan, Installation Restoration Sites Items 4,5,6- Boardmember McGuire indicated that she perceives this letter as simply an outline of procedure. She asked Boardmember Voce if there is a group that oversees that this is all done properly. Boardmember Voce indicated the Restoration Advisory Board consists of community members and not Navy personnel. Chairman Rosenman stated that Navy works in conjunction with CALEPA as the principals in charge of overseeing this process. Mr. Whittenberg mentioned various agencies that are involved in this process: CALEPA., Department of Toxic Substances Control, Regional Quality Control Board, U.S. Fish and Wildlife Service. Boardmember McGuire asked staff if specialists are consulted to help City make recommendations regarding highly technical infonnation or do we do the best we can with available resources? Mr. Whittenberg indicated that we do the best we can, but we do rely on the other agencies, especially DTSC and USF&W, because they have a lot of expertise and review matters with a fine tooth comb. Boardmember Hurley found two typos in Page 2 Minutes of ApriI1S, 1998 I. !. . . EQCB Minutes of April 15. 1998 the letter in Item 14. Discussion of these small errors. It is agreed these errors are benign. Motion by McGuire; second by Voce to approve the letter in the Staff Report. Motion Carried: AYES: NOES: ABSENT: 4-0-1 Hurley, McGuire, Rosenman, Voce None Christ Mr. Whittenberg stated that this letter wilJ now go to the City Council for consideration on the:: agenda April 27, 1998. 4. Consideration of City Response Letter regarding the Draft Environmental Assessment for Proposed Rule 1401, New Source Review of Toxic Air Contaminants- South Coast Air Quality Management District (SCAMD)- Mr. Whittenberg reviewed the a Staff Report indicating that the letter is in response to the SCAMD's effort to increase the number of chemicals subject to their approval. Currently there are approximately 70 chemicals subject to their control. This number would increase significantly to approximately 450. Essentially, the letter reflects the City's support of the program. Mr. Whittenberg states that the focus of this discussion is to field questions or comments from the Board regarding this letter. Boardmember Voce enthusiastically supports this program. Boardmember McGuire has a couple of questions on page 7. How can we encourage this other than saying it's a good idea? Is there anyone we can consult? For example, people who put out excess emissions. If they reduced their emissions could they get credits? Any other mitigation measures? Mr. Whittenberg replied that there is a program called the "Reclaim Program" which, in effect issues credits that may be circulated on an open market. Focus is to get people to use specified units or equipment. Boardmember McGuire felt this portion was good but lacked details in outlining financial incentives and other tangible incentive measures. Next question by Boardmember McGuire refers top of page 8 of the letter, starting with "Many permit units that could comply with the proposed amendment...". Boardmember McGuire asked for clarification of this paragraph. Mr. Whittenberg responds that this "permit unit" is a carbon absorption unit, i.e. boilers. Boardmember Hurley brings up some question of verbiage in the final clause of the letter. Mr. Whittenberg says he will put in a final clause to clarify the ending and summarize. This letter is moved for approval and forwarding to City Council. Motion by Voce; second by Hurley to approve the letter, as corrected. Motion Carried: A YES: NOES: ABSENT: 4-0-1 Burley, McGuire, Rosenman, Voce None Christ Page 3 Minutes of AprII1S, 1998 l~ . . . EQCB Minutes of April 15. 1998 S. Discussion of upcoming Bixby DEIR meeting- Regarding this meeting, Chairman Rosenman discusses a possible conflict of interest with his role as Chairman of the EQCB during proceedings. He feels that it is imperative that aU fact finding and fact reviewing bodies of the City be completely objective in their role. He objects to his role as chairman to protect the integrity of the meetings and to preserve his good name. The matter deals with public relations and personal reputation. He feels there is enough already on record re: his past comments to indicate a potential for conflict of interests. The Board, as well as Mr. Whittenberg, discussed severa) different scenarios relating to Chainnan Rosenman excusing his role as Chairperson. In sum; legal issues, committee protocol, future meeting dates, and scope ofDEIR. proceedings were all discussed by Board. Chairman Roserunan made known to the record that he will abstain from all public comments regarding hi.. role in this matter from this moment forward. No motion made to resolve this matter, pending legal counsel of City and research of procedural precedent by Mr. Whittenberg. VID. Staff Concerns IX. The Board discussed the general timeline in preparation for the upcoming Bixby DEIR. meetings. Mr. Whittenberg indicated that the final date of receiving public comments would be May 29, 1998. This would allow for three EQCB meetings (April 29, May 13, and May 27) to transpire before this deadline. Boardmember Hurley commented that this seemed like a short period of time. He was concerned about having 21 working days to handle issue. Boardmember Voce expressed the importance from a public relations standpoint that the meetings be spread over multiple dates so that members of the community would have ample opportunity to air comments. Chainnan Rosenman mentioned that these hearings and approval proceedings would overlap with the installation of three new City Council members. Boardmember McGuire said she would like to see the meeting scheduled for April 29 start at 7:30 p.m for people getting offwork. Mr. Whittenberg said this was not possible since a public notice had already gone to the newspaper announcing a 6:30 p.m. starting time. Mr. Whittenberg said the following meeting, May 13, could be started later to accommodate Boardmember McGuire's time needs. . Next, Mr. Whittenberg commented on the Final EIS/ EIR. documents re: the closure of the City of Long Beach Naval Shipyard. Primarily, what are the impacts of closing and what is the detennination of use for this site. Mr. Whittenberg will deliver a Staff Report with comments to City Council on May 11, 1998. The results of this report will be presented to the EQCB at the May 13th meeting, and not the April 29 meeting. Board Concerns Boardmember Hurley asked what the status of the approval of February minutes. Boardmember McGuire said she spoke to City Council about signs with no result. She said she would like to see with compliance with sign ordinance. Contents and dimensions Page 4 Minutes of ApriI1S, 1998 I '. '. " . " . J!.QCB Mmutes of April 15, 1998 of sign were issues. She filed a complaint on behalf of her ~istrict at Council Meeting. Boardmember Hurley asked status of September minutes. Boarc!member McGuire said that those minutes were completed but she forgot to bring them to the meeting. The approval of said minutes will be heard sometime in May. Boardmember Voce expressed concerns with status ofDEIR. re: Marina Shores project in the City of Long Beach. Specifically the traffic impact it has on Seal Beach. Mr. Whittenberg said that he attended the City Council meeting in the City of Long Beach last week Unfortunately, this DEIR has already been approved by their Council without the opportunity for Seal Beach comments. Long Beach did not notify Seal Beach of its approval. Board Concerned with due process ofthis finalization or lack thereof Can the Seal Beach file suit over lack of participation? Does this violate CEQA? Mr. Whittenberg said he protested this approval with Long Beach official to no avail. He will consult with legal counsel for further action. Boardmember Voce officially extended his support of broadcasting meetings on cable television to Staff. Chairman Rosenman also extended his support of broadcasting. He said he was surprised this ever became an issue in January. He feels that is important that Staff and City Council know that the Board mutually offers support for broadcasting meetings. Regarding the presentation by Bixby consultant Andi Culbertson, would like to see this session aired continually over a few week span to allow public digestion of her presentation before DEIR meetings. Boardmember McGuire asked about the finalization ofEIR.. Mr. Whittenberg said that the FEIR. will be ready around late May- early June. Boardmember McGuire said that after Bixby is finalized she would like to see the Board take a more proactive approach about environmental issues in the City. For example, she would like to implement educational programs re: matters such as storm drains and the cleanup of the San Gabriel River. She would like the Board to work with schools in Seal Beach and Los Alamitos and groups such as the Surfrider Foundation to collaborate on different approaches. Mr. Whittenberg offered to scheduled a separate meeting for the Board to set up some items for discussion regarding this matter, i.e. funding, programs, philosophies. Boardmember Rosenman reviewed his attendance of Coastal Commission meetings re: the Hellman Ranch Project. Among the topics of discussion by Coastal: paved road on project for public access, process of bringing oil fields out of production, how much of the wetlands will be preserved, what is the timeframe of that preservation, water supply problems, limits of tidal flush. Boardmember Rosenman also commented on Shirley Detloff's participation as Coastal Commissioner. She set the tone of the meeting and praised the awareness of the community. Related this project to the Bolsa Chica Wetlands restoration. Mr. Whittenberg also commented on her participation and reflected on the history of the Coastal Commission in regards to Hellman Ranch. Coastal has seen it go Page 5 Minutes of Aprl11S, 1998 " .. . .f ... EQCB Minutes of April 15, 1998 from 1000 homes proposed, to 773, to 329, to 70. Mr. Whittenberg said Coastal perception is tied to programs such as Tidal Channel Connection and Freshwater Wetlands and that he sees potential for progress. Chairman Rosenman added that it is a clear problem of Coastal Commission as to how this project will comply. Proc.edural precedents of Staff, City, and Coastal Commission are very important. There is no easy way to say yes. Chainnan Rosenman asked about the availability of the DEIR. copies re: Bixby for the public. Mr. Whittenberg says an outreach program is in effect in which copies are available to the public for $125.00 at City Hall. He said this availability is advertised via City web page, newspaper, and ticker tape memos at City Council broadcasts. Chainnan Rosenman said it is important that all residents of College Park East are aware of this project. Chairman Rosenman affirmed the discussed proactive approach of the City: effort to get tree committee on City's webpage. x. Adjournment The meeting was adjourned 8:47 p.m. Respectfully Submitted, ofalt~ a:vir~:::"ental Quality coir:'Z Approved: July 29, 1998 Page 6 Minutes of April 15, 1998