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HomeMy WebLinkAboutEQCB 1998-10-28 ~ :. . City of Seal Beach Environmental Quality'Control Board Minutes of October 28, 1998 The regularly scheduled meeting of the Environmental Quality Control Board (EQCB) was called to order by Vice Chairperson McGuire at 6:30 p.m. The meeting was held in City Council Chambers and began with the Salute to the Flag.1 ; ROLL CALL Present: Vice Chairperson McGuire Members Jones, Voce, Hurley Absent: Member Porter Also Present: Department of Development Services Lee Whittenberg, Director . SELECTION OF CHAIRMAN and VICE CHAIRMAN The Board deferred selection of Chairman and Vice Chairman to the next regularly scheduled E~CB meeting. APPROVAL of AGENDA MOTION by Voce; SECOND by Jones to approve the Agenda, amended to consider item #3, selection of Chairman and Vice Chairman, after item #7. MOTION CARRIED: AYES: ABSENT: 4-0-1 Voce, Jones, McGuire, Hurley Porter Vice Chairperson McGuire said she wanted to discuss Resolution No. 98-1A as she had questions on the wording. Mr. Whittenberg said technically she could not put something on the Agenda tonight. However, she could discuss it under Board Concerns. . Vice Chairperson McGuire said when this resolution was discussed several meetings ago she asked, at that meeting, that it be placed on the Agenda. After researching the technicalities, she found out that because she had asked for it to be put on the Agenda she could request it to be on tonight's Agenda for discussion as item #13. After reviewing all the Minutes and the tapes she thought it was appropriate to change two words. 1 These Minutes were transcribed from an audiotape of the meeting. C:\Joan Special\Minutes 1998\10-28-98 EOCB Minutes,doc r . City of Seal Beach Environmental Quality Control Board - Minutes of October 28, 1998 Vice Chairperson McGiliire asked for an amended Motion. I AMENDED MOTION by Voce; SECOND by Hurley to approve the Agenda as amended to have #3 after item #7 and to consider Resolution No. 98-1A as item #13. MOTION CARRIED: AYES: ABSENT: 4-0-1 Voce, Jones, McGuire, Hurley Porter ORAL COMMUNICATIONS There were no oral communications. CONSENT CALENDAR MOTION by Hurley; SECOND by Voce to approve the Consent Calendar as presented on the Agenda: . . 1. I Receive and File City Council Staff Report dated September 28, 1998, Re: Planning Update #1, Proposed EI Toro National Wildlife Refuge. Receive and File: City Council Staff Report dated September 28, 1998, and City Council Comment Letters dated September 29, 1998, re: Comments on "Mitigated Negative Declaration, Bolsa Chica Channel Improvements", County of Orange and "Public Notice/Application No. 98-00638-YJC", U.S. Army Corps of Engineers, Los Angeles District. Receive and File: City Council Staff Report dated September 28, 1998, Seal Beach Weapons Support Facility Installation Restoration Program, Site Management Plan. Receive and File: City Council Staff Report dated October 12, 1998, Receipt of Orange County Council of Governments Draft Report re: "Smart Growth Strategies to Accommodate Orange County's Future". Receive and File: City Council Staff Report dated October 12, 1998, Receipt of California Coastal Commission Status Report re: "Bolsa Chica Wetlands Restoration Plan and Draft EIS/EIR by the Federal/State Bolsa Chica Steering Committee" Receive and File: City Council Staff Report dated October 12, 1998, Receipt of City of Huntington Beach Report re" Bolsa Chica Annexation Study, Questions/Comments". Receive and File: City Council Staff Report dated October 12, 1998, Seal Beach Weapons Support Facility, Installation Restoration Program, Status Report re: RAB Project Update. 2. 3. 4. 5. 6. 7. 10-28-98 EQCB Minutes.doc 2 ;:. City of Seal Beach Environmental Quality Control Board - Minutes of October 28, 1998 . Motion by McGuire; Second by Voce to approve the EQCB minutes of September 16, 1997 as amended by corrections 1-6. MOTION CARRIED: AYES: ABSENT: 4-0-1 McGuire, Voce, Hurley, Jones Porter PUBLIC HEARINGS There were no Public Hearings. SCHEDULED MATTERS 8. Approval of Minutes - September 16, 1997 MOTION by Hurley; SECOND by Voce to approve the EQCB meeting Minutes of September 16, 1997 with amendments. Member Jones asked why the Board was approving Minutes that were over a year old? . Vice Chairperson McGuire explained there is a problem with Board members being present at the same time. These Minutes cover the project proposal hearings on the Hellman Ranch. A tape of that meeting was requested but wasn't received and the Minutes have been revised. The Board is trying to get the Minutes as accurate as possible because there is a lawsuit involved. . Member Hurley's corrections were: 1. Page 3, typo at 4th paragraph, line 2. Delete "from the September 9th meeting is not being proposed". To read: "Before the vote, Mr. Whittenberg said staff is not proposing Resolution No. 97-1 to the Board tonight". 2. Page 6, second to last line. To read: "Member Hurley said any additional factors as to why this EIR (change adequate to inadeauate) is welcomed as amendments to his motion". 3. Page 9, second paragraph, second line: The word "this" is missing. The line rea~s "And being in a sub-tropical, thus dry, area this is an infrequent occurrence". . 4. Page 1 0, second paragraph from the bottom. "Member Hurley said he was concerned about (insert) the fact that the investigation of site 4 j has yet to be done". 1 0-28-98 EQCB Minutes.doc 3 ;. City of Seal Beach Environmental Quality Control Board - Minutes of October 28, 1998 . 5. Page 13, four lines from the bottom. "Another concern, that he wanted added, was (insert) that the use of herbicides on the golf course be undertaken by the City Council ... ". I Vice Chairperson McGuire made the following change: 6. Page 6, first paragraph, line 9: The sentence reads: "Even when she doesn't agree with people she really likes to hear what they would say because they would perhaps change her mind." She said this is what it didn't say and asked it be removed. She remembered Members Christ and Rosenman's testimony. She questioned their absences that night, noting they both had unexplained deaths in their families on the same night. She then asked for the entire paragraph to be removed instead of trying to change it. MOTION by McGuire; SECOND by Voce to approve the EOCB Minutes of September 16, 1997 as amended by corrections 1 through 6 above. . Before the vote, the Vice Chairperson McGuire said she would like to see the Minutes at the next meeting. She suggested that there be another Motion for the Board to approve this subject to her final approval --- so these Minutes don't have to come before the entire Board at the next meeting. Member Voce said that would be fine with him because she was the person making the changes. AMENDED MOTION by Hurley; SECOND by Voce to approve the EOCB Minutes of September 16, 1997, as amended in items 1 through 6 and subject to Vice Chairperson McGuire's approval. MOTION CARRIED: AYES: ABSTAIN: ABSENT: 3-0-1-1 Hurley, Voce, McGuire Jones Porter 9. Approval of September 2, 1998 Minutes l MOTION by Hurley; SECOND by McGuire to approve the EOCB Minutes of September 2,1998, amending the time on page 15 from 9:45 p.m. to 8:45 p.m. Member Hurley said he had a conflict between page 15 and page 23. On page 15 it says, "The Chair noted it was 9:45 p.m." and then at the adjournment it says they adjourned at "9:40 p.m." He asked if any of the Board members remembered if they adj~urned at 9:40 p.m. or 9:45 p.m.? . Mr. Whittenberg said 9:45 p.m. is probably 8:45 p.m. 10-28-98 EOCB Minutes.doc 4 ,. , City of Seal Beach Environmental Quality Control Board - Minutes of October 28, 1998 . MOTION CARRIED: AYES: ABSENT: 4-0 -1 Hurley, McGuire, Voce, Jones Porter 10. Approval of September 8,1998 Minutes MOTION by Hurley; SECOND by McGuire to approve the Minutes of September 8, 1998 as amended. ; Before the vote Member Hurley listed his corrections: , 1. Page 3, last paragraph: The wording needed to read "Member Hurley asked Mr. Steele to refer to Section 6 of the two proposed resolutions", eliminatina if they. 2. Page 7, line 33: It wasn't Member Hurley, it was Member Voce, therefore, change to Member Voce who said yes. . 3. Page 11, line 30: He believed what she wanted to say was "Do aircraft or helicopters take off straight out? Yes, sometimes they do". So, eliminate "do" to read "Do aircraft or helicopters take off straight out?" The Board discussed this further, asking if the second "do" was also eliminated? Member Hurley said he didn't realize there was a second "do". 4. Page 25, line 6: Clarify that there are two "he's" in this line and it would be very much clearer if the line were to read "Member Hurley said, if Mr. Steele had said that before he would not have asked this question". 5. Page 27, line 27: M~mber Hurley said he assumed the time was wrong on the adjournment. He recalled the Board began at 4:30 p.m. on September 8th and he thought they were done before 7:00 p.m. but he wasn't sure the adjournment was at 6: 15 p.m. He remembered Member Porter had to leave, he had to leave and Member McGuire had to leave. There was some discussion by the Board. It was noted that on page 17, someone said it was 6:30 p.m. at that tim,e. Member Hurley said he would withdraw this correction. MOTION CARRIED: AYES: ABSENT: 4-0-1 Hurley, Voce, McGuire, Jones Porter . 11. Approval of September 30, 1998 Minutes Mr. Whittenberg said help was needed on this particular set of Minutes. There are many blanks to fill in because he did not attend that meeting and Mr. Steele didn't keep track of the 'votes. 10-28-98 EQCB Minutes.doc 5 (, City of Seal Beach Environmental Quality Control Board - Minutes of October 28, 1998 . MOTION by Hurley; SECOND by Voce to approve the Minutes of September 30, 1998 subject to the following amendments: Before the discussion", Vice Chairperson McGuire said she would like to move approval of these Minutes to the next meeting. Mr. Whittenberg asked if it would be possible to try to go through the blanks at this meeting and have him return with another set of draft minutes at the next meeting? Vice Chairperson McGuire agreed. Member Hurley said only a few of his corrections would be substantive. Most are housekeeping kinds of things. He would like these included too tonight. The Board asked for direction. Mr. Whittenberg said the Board could withdraw the Second to the Motion, discuss the changes, and have the Minutes re- presented at their next meeting. The following corrections were made [P#s reflect those from draft minutes of October 28, 1998]: . 1. Page 3, line 45: Member Hurley said Member Porter may want to be involved in this. After the words "the written comment period" the secretary left out what he thought was one of the supporting arguments he was making. "This would involve very little additional work, because in order to make the statements, the drafters of Volume III had already matched Agenda packets the testimony". Insert a comma after "work". Member Hurley asked if Member Porter would have a problem with this change? Vice Chairperson McGuire said no, because it was Member Hurley's statement. 2. Page 5, line 21: Member Hurley said he wanted the sentence to read "He brings it up only to bring it to the attention of the Board". Eliminate "to make notice of the practice to". 3. Page 6, line 28: Motion by Hurley; Second by Voce. 4. Page 5, lines 38/9: Member Hurley brought this up but no action was made. I 5. Page 5, lines 4214~: Member Hurley brought this up but no action was made. 6. Page 7, line 28: Member Jones asked for clarification. . 7. Page 7, line 34: Motion by Porter; Second by Jones; motion failed 2 - 3. Ayes are Porter a~d Jones. Noes were McGuire, Hurley, Voce. Member 10-28-98 EaCB Minutes.doc 6 ~ City of Seal Beach Environmental Quality Control Board - Minutes of October 28, 1998 . McGuire thought the vote was 4-1: Voce, Jones, Hurley and McGuire with Porter voting no. Member Jones said he thought he voted against it. 8. Page 8, line 32: Motion by Porter, Second by Voce 9. Page 8: Member Voce indicated this page says "Member Voce is absent from the meeting for a few minutes". He said humorously that he was using the rest room and wanted this sentence deleted. ' 1 O. Page 11, line 36: Member Hurley said Motion was by Porter, Second by Hurley. 11. Page 11, line 25: ~otion by Jones 12. Page 11, line 36:Sf3cond by Hurley 13. Page 12, line 12: Member Hurley said he was not clear on this. Member Voce asked for this to be reopened to have amendments added. The word should be "arborculture"; correct in all places. . 14. Page 14, line 8: 15. Page 14, line 15: 16. Page 14, line 29: Motion by Hurley. Strike "Second by". Second by McGuire Jones 17. Page 15, line 17: Motion was tabled. [Everyone talking at once, could not hear clearly]. McGuire abstained. The approval was unanimous. 18. Page 16, line _: Motion carried 4 - 1; Porter voted no. I \ 19. Page 16, line 13: Under Board Concerns, question by Porter (because of soccer). 20. Page 16, line 19: Member McGuire said she thought this was a dialog between herself and Member Porter. 21. Page 16, line 33: Motion by Voce; Second by Hurley. Motion carried. 22. Page 16, line 37: Vote was 5-0 . Vice Chairperson McGuire said she would like to see these Minutes again at the next meeting. Therefore, Member Voce withdrew his Second. Based on the revisions given to staff tonight, these Minutes will be reviewed by the Board at the next meeting. I 10-28-98 EQCB Minutes.doc 7 . City of Seal Beac~ Environmental Quality Control Board - Minutes of October 28, 1998 I I MOTION by McGuire; SECOND by Hurley to have the EQCB Minutes of September 30, 1998 agendized for the next meeting. MOTION CARRIED: AYES: ABSENT: 4-0-1 McGuire, Voce, Jones, Hurley Porter i Member Hurley, sayin~ he didn't make the proper notations, asked what the Board just did on the September 16, 1997 Minutes? Vice Chairperson McGuire said they were approved. Member Hurley asked is September 2, 1998 were approved? Mr. Whittenberg said they were approved with amendments. Member Hurley said he thought there was one set of Minutes that were tabled. Member Voce said the Board was going to table the September 30, 1998 Minutes but the Boa'rd was able to make the necessary insertions and corrections. Vice Chairperson McGuire asked these to be agendized for review once again. 12. Board Review - Chapter 70, Code of the City of Seal Beach, Eucalyptus Grove Preservation. . Member Voce said all EQCB members received a copy of this Code section. He wanted to make notatidns to amend and improve it. Starting with 7D-3(d) - Preservation, at the second line it says: "Preservation" shall mean the act of keeping or saving a tree from harm or destruction by proper maintenance, pruning treatment, and other means of safeguarding trees. He wanted to revise the wording to read "... destruction by maintenance, proper pruning treatment, and other means " . Additionally, Section 7D-4 reads: (b)(3) Director Aooroval. The Director may issue a tree permit in the event that the proposed activities are not undertaken in connection with the development of property and where the removal or modification of a eucalyptus tree is necessary for the preservation of a grove or tree or for the protection of the public health, safety and welfare. . Member Voce wants it to read "removal or modification, such as pruning, ... ". His reasoning was to get the concept of pruning more engrained into this law. We're trying to get this ISA standard going. Member Voce said he wanted people to understand that pruning is a modification. Under Section 7D-4 (C) Review it reads: 10-28-98 EQCB Minutes.doc 8 ... ~ City of Seal Beach Environmental Quality Control Board - Minutes of October 28, 1998 . Upon review of ~n application for a tree permit, the issuing authority may approve, approve with conditions, or deny such application subject to the standards set forth in this Chapter. In approving a tree permit, the issuing authority may impose any reasonable conditions which it deems necessary and appropriate to insure the preservation of eucalyptus trees as set forth in this Chapter. Member Voce suggested inserting "International Society of Arborculture (ISA)" before" . .. standards set...". Vice Chairperson McGuire said this should be under definitions so it will always be known as that. Mr. Whittenberg agreed, adding the wording should say "ISA shall be the most recently-adopted version of the International Society of Arborculture standards". Mr. Whittenberg said I the definitions would be rearranged to keep them in alphabetical order. ' . Member Hurley asked if it would be beneficial to add something about the health and preservation of eucalyptus trees under Review? Mr. Whittenberg said Section 70-1 - Purpose talks about liThe preservation of eucalyptus groves is necessary to promote the public health and welfare by enhancing the scenic beauty, preventing erosion of top soil, protecting against the risk of landslides..." That's the basic purpose of having all these regulations. There was Board disc.ussion on preservation versus health, noting something could be dead and preserved. The simpler it is kept the better. Member Voce reviewed Section 7D-5, wanting to add a (h), at page 1503 after (g). The purpose would be preservation of individual trees and also groves. You don't want to just replace single trees, you might want to replace a grove. If development threatens a grove, the entire grove may be removed. There is a definition of what constitutes a "grove". It would take the removal of 15 trees to be considered a grove removal. There are several standards for granting permits. If trees are planted too close together and they begin to grow into each other, it may be necessary to remove a tree to save others. It may not warrant replacing that one tree. But if the grove number goes below 15 trees as a result of this, that would become another issue. Does the City grant a condition to replace individual trees across the board or should it be a condition of the situation on hand? . Mr. Whittenberg suggested staff could prepare a redline/strikeout copy on revisions based on this discussion. He suggested: The replacement of individual trees from a grove would be considered in order to preserve the overall health of the grove. 10-28-98 EQCB Minutes.doc 9 ... . City of Seal Beach Environmental Quality Control Board - Minutes of October 28, 1998 . Member Voce thought that was excellent because it incorporates all the points. Member Voce reviewed Section 70-5, wanting to add an (i), at page 1503 after (h). The purpose would be to incorporate ISA pruning and trimming standards. He didn't suggest any wording but asked staff to work it into the Code. He wanted to make sure both terms, Le., "pruning" and "trimming" were addressed. Member Voce considered adding a Section 70-7 regarding violations. What happens if somebody does something without a permit. Mr. Whittenberg said :the municipal Code has a section on violations. Any violation of the Code is considered a misdemeanor unless, by separate ordinance, it's established as an infraction. An infraction carries a monetary fine. The Board discussed this issue, noting it is now covered as a misdemeanor. Mr. Whittenberg said a misdemeanor is only adjudicated in a municipal court and would most likely not be a high-priority item. This type of case would most likely be low on the court's calendar and the judge would probably try to find a way to mediate a settlement with no trial. It would mean the City's attorneys spending a lot of time preparing documents and not getting to trial. The infraction process involves a citation with the first violation being a warning to get a permit; it would not carry a fine. It functions like a traffic citation, it increases with time. . Member Voce asked if he should ask Craig Steele how this should be written up as an infraction? He n0ted some trees are very expensive. Mr. Whittenberg mentioned the Board might want to consider including measurements for trees - such as a 12" diameter tree. Member Voce said he hadn't gone into that because he was focusing on making corrections. It could be recommended to be revised for 6" trunks. Also, we could go down to 10 trees constituting a grove. He asked the Boardmembers to please think about this because he didn't want to be the sole driving force. Member Hurley said he'd like to talk to arborists on this issue because he felt he needed more information before this is set. Member Voce said that would be fine with him, suggesting this be tabled for further review and until the EQCB talks to a professional arborist, and notify the City Council that the two areas to be changed are the number of trees that constitutes and grove ~nd the diameter of a tree that fits the qualification. MOTION by Voce; SECOND by Hurley to check on the specifications regarding individual trees. . Before the vote, Member Jones suggested the diameter could be changed to a height qualification number, as it might be more relative to a less well informed person on trees. 10-28-98 EQCB Minutes.doc 10 ,.. " City of Seal Beach Environmental Quality Control Board - Minutes of October 28, 1998 . Member Voce said when trees are topped, and have half their height removed, you have a wide trunk With no height. That happens a lot. I Mr. Whittenberg said because staff must enforce this, it's easier to wrap a measuring tape around a tree than to attempt to measure height. MOTION CARRIED: MOTION by Voce; SECOND by Hurley for staff to provide the EQCB a redline- strike-out version regarding the amendments it made to the municipal Code. Before the vote, Member Hurley asked if this would be with/without legal counsel's input? Mr. Whittenberg said staff will confer with the City Attorney prior to returning this document to the Board. . MOTION CARRIED: AYES: ABSENT: 4-0-1 Voce, Hurley, McGuire, Jones Porter 13. EQCB Resolution No. 98-1 Member McGuire said the second to the bottom line says "Towne Center Development Plan, with modifications". She continued to say that when you read through the EQCB Minutes of September 30, 1998, there is discussion on page 11, which references this resolution. It's unfortunate that this resolution was not read to the Board during the meeting; she has a tape of that meeting. Because the way this is worded is really not the intent with which the Board planned on it being worded. At line 32, IIMr. Porter asks if the EQCB has voted on the EIR subject to..the set of conditions? Mr. Steele said the EQCB now needs a motion to approve Resolution No. 98-1A, with the set of conditions discussed. Again, on (ine 37 Mr. Porter says subject to the set of conditions approved. Go to line 39, at the end of the line it says "The Vice Chair asks if, since this is a subject to, does that mean the EIR is not approved as adequate unless these conditions are adhered to? Mr. Steele says, "Yes" and referenced Section 6 of the resolution". Section 6 of the resolution, page 2, line 3, says "EQCB hereby recommends that the City Council..." First of all, we didn't read through the wording at the meeting because Mr. Porter and I are very explicit that this is a "subject to". Again, Section 6 on page 2 it says, "Hereby recommends". Therefore, she had two concerns with the resolution: . Page 1, where it says "Resolution No. 98-1 A", the big, bold print, the bottom line that says "With modifications". She said would have been more adequate was "Towne Center Development Plan, subject to the following conditions". She said 10-28-98 EQCB Minutes.doc 11 ... .. City of Seal Beach Environmental Quality Control Board - Minutes of October 28, 1998 . she has not signed this resolution and it went to the City Council unsigned. The conditions were supposed to have been the set of conditions the Board spoke about. Mr. Whittenberg said if you tie the subject to the following conditions in the title, it would seem ... Vice Chairperson McGuire said the conditions should have been put underneath that. Correct? Mr. Whittenberg said he wasn't sure that's what she wanted to do. Vice Chairperson McGuire said this is why she wanted to discuss this. In her mind, this is how she saw it written. She said it could have been written, "Subject to the following conditions in Exhibit A" instead of "With the following modifications". She said, "I feel that's more true to what we were discussing than the way this is written". . Mr. Whittenberg said there are two issues saying the same thing. Section 6 says that "based on its independent review of the above-mentioned report and subject to the revisions set forth in Exhibit A being completed". The title of the resolution is just typed, it doesn't set forth findings. Vice Chairperson McGuire explained her problem with the way in which the title of the resolution was written. The EOCB talked about the EIR being an inadequate document until certain conditions were met. But the way the title reads -- not everyon~ goes through things and picks through it the way the EOCB does. If she were to read the resolution as a layman, just glancing through it, she would ~ee a resolution, recommending to the City Council and Planning Commission the adequacy of the FEIR. There is nothing about the EIR being inadequate unless it's modified. Member Voce suggested a word be added. Add the word "regarding" after City Council. Vice Chairperson McGuire said what troubles her is the fact that the EOCB did not find the EIR adequate. It was inadequate until certain conditions were met. The title only mentions adequacy. She said the bottom line is people don't read through things. They would only read the title. She said she gave the resolution to two people and asked them to read it in a normal fashion and they saw adequacy. . Mr. Whittenberg said his concern is the resolution was presented to the EOCB before the meeting, in'the Agenda packet. This was done to allow the EQCB members to review the document. Many changes were made to the document based on discussion at that meeting. The legal (foncern is what authority does 10-28-98 EQCB Minutes.doc 12 ... : .. City of Seal Beach Environmental Quality Control Board - Minutes of October 28, 1998 . the Board have to go back and change something in the document now that they've already approved it. The City Attorney should answer this question. The Board should find out what process, if any is available to go back and change what they have already approved. Vice Chairperson McGtiire said that's why, before she signed the resolution, she wanted to read through it. If the rest of the EQCB is comfortable with the resolution as it is written, she will sign it. If not, then the EQCB should contact , the City Attorney. Member Hurley said his main concern isn't with the public or the newspapers. His concern is that with this document we haven't conveyed adequately to the Planning Commission and the City Council their major concerns about the inadequacies of the EIR. It isn't exactly the way he would like it written but it does clearly say we don't like it. It will pass muster, however, if certain modifications are made. The EQCB does not think the EIR complies unless the conditions are made. "I am satisfied with the way it's written". . Member Jones said Exhibit A does represent the point the EQCB was trying to make. He noted he does understand Member McGuire's point of concern. But technically, the Board's position is noted. For those people who may not want to read the entire resolutions, he could see how it could be construed. If the resolution was changed to be "subject to the modifications" it would be clear but he didn't think it was that big of a deal. . Member Voce said if the EQCB wanted to change the language at this point it would have to get legal counsel. The resolution has already gone to the Planning Commission for their next meeting. He said it could be fine-tuned, perhaps saying "adequacy/inadequacy", but he was concerned with legal entanglements. Also, he was concerned that "it's like we're so slow and this has already gone to Council and I'm worried about how that would make us look in terms of adequacy. It's not just a question of social standing, it's a question of the professionalism of this Board too ... would you prefer "regarding the adequacy/inadequacy", in other words, if both words were in there to show that this was a debatable thing depending?" Vice Chairperson McGuire said was a stickler on wording because they can come back to haunt you. She said, "Little words can come back to bite you ... and always do. Andl we know that on this Board all too well. I think it's unfortunate that we weren't more careful at looking at this. We were more concerned with the seven items. Okay? Technically this is correct. But it's not a user-friendly document because the title doesn't really reflect what we wanted to say. And that was my concern. I always felt that in the first paragraph of anything ... that should tell the story. If you want details then you go into it. The way this is written, you. don't know the story until you look at the details. So, I'm going to take it as is. I've got three votes that say basically, let's go ahead and 10-28-98 EQCB Minutes.doc 13 ~ , . City of Seal Beach Environmental Quality Control Board - Minutes of October 28, 1998 I sign it. I'm going to sign it but I'm glad that this language is going to be a part of some Minutes. So if there ever needs to be a reference, they know that this language was of concern to us and that we didn't take this lightly. I do understand your point Mario, and I had thought about that myself. But I'd rather take the hit and be the lone one and feel what I do is right. Because, believe me, people that look at this 'see this as adequate and then they have to dig to find the inadequacies. Again, with the way I believe people don't read, the first paragraph you have to tell them the story. Based on that, we've had our discussion, and I will sign this." Mr. Whittenberg said t1')e original was not at tonight's meeting. He noted that he prepares a lot of resolutions for the Planning Commission and the changes and modifications to a proje,ct are never found in the title to a resolution. Resolutions are different documents than reports. You actually have to read into the document, the resoluti~n, to find out what the conditions are. He indicated that when resolutions are presented in Agenda packets, that is the time for review and changes. . Member Jones said that in looking back on the EIR, he felt it was adequate in general. And under CEQA it was not that the EQCB had to decide whether the surveys were right or wrong, but rather that they were addressed and done to the highest level possible. ;He approved it as adequate in that respect. Because the EQCB added its concerns on what it felt were inadequate --- this resolution addresses that. If anyone were to question the resolution he would reply "Have you read the entire doc!Jment?" Vice Chairperson McGuire said she understood Member Jones' comments but said her background was writing and his was engineering. She indicated a Motion was not needed for this, she would just sign it. MOTION by Voce; SEfCOND by Hurley to continue previous Agenda item #3, Selection of Chairman and Vice Chairman to the next regularly scheduled meeting. MOTION CARRIED: AYES: ABSENT: TAPE STOPS 4-0-1 Voce, McGuire, Hurley, and Jones Porter STAFF CONCERNS EI Toro MCAS on December 2, 1998 EVC Redline . 10-28-98 EQCB Minutes.doc 14 ... t City of Seal Beach Environmenta' Quai,' J Control Board - Minutes of October 28, 1998 ',. BOARD CONCERNS Member Hurley expressed his concerns on the following matters: c Showing Consent Calendar items within the Minutes. c March meeting date may be incorrect. Verify meeting dates. March 24 instead of March 31. c Staff to provide copy of approved Resolutions to Board members, including 97-1 and 98-1. Member Voce voiced :lis concern re tree care license. Condition as part of business license.' Matter to be placed on next regular meeting agenda for discussion. Vice Chairman McGuire voiced the following concerns: c Letter to Joan re Minute preparation o Minute preparation: Use of laptop for Agenda preparation. ADJOURNMENT I .- MOTION by Voce; SECOND by Hurley to adjourn the meeting at 8:35 p.m. . The next meeting will be December 2, 1998 at 6:30 p.m. in Council Chambers. MOTION CARRIES: AYES: ABSENT: 4-0-1 Voce, McGuire, Hurley and Jones Porter Respectfully Submitted, <jo~ J an Flllmann Executive Secretary Planning Department APPROVAL The EOCB meeting~i~Z Jctober 28, 1998, were approved by the Board on /2-2. - 'l.K ~..... (. 10-28-98 EOCB Minutes.doc 15