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HomeMy WebLinkAboutEQCB Min 1999-01-27 . . . City of Seal Beach Environmental Quality Control Board Minutes of January 27, 1999 Call to Order Vice-Chairperson McGuire called the meeting of the Environmental Quality Control Board (EQCB) to order at 6:30 p.m. in City Council Chambers and led everyone in the Pledge of Allegiance. Roll Call Present: Members Hurley, Jones, Porter, Voce and Vice-Chairperson McGuire Also Present: Department of Development Services Lee Whittenberg, Director Aaenda Accroval MOTION by Hurley; SECOND by Voce to approve the Agenda as presented. MOTION CARRIED: 5 - 0 - 0 AYES: Hurley, Jones, Porter, Voce and Vice-chairperson McGuire NOES: None Selection of Chairoerson and Vice-Chaimerson Mr. Whittenberg indicated nominations for Chairperson are appropriate, nominations do not need to be seconded, and there can be multiple nominations. MOTION by Hurley; SECOND by Porter to select Member McGuire as Chairperson. There being no other nominations, Vice-Chairperson McGuire asked for a vote. MOTION CARRIED: 5 - 0 - 0 AYES: Hurley, Jones, Porter, Voce and Vice-Chairperson McGuire NOES: None MOTION by Voce; SECOND by Porter to select Member Hurley as Vice- Chairperson. There being no other nominations, Chairperson McGuire asked for a vote. MOTION CARRIED: 5 - 0 - 0 AYES: Hurley, Jones, Porter, Voce and Chairperson McGuire C:\My Documents\EQCB\01-27-99 Minutes.doc\LW\03-01-99 . . . '. . City of Seal Beach EQCB Minutes January 27, 1999 NOES: None Chairperson McGuire determined with the consensus of the Committee that these positions will be retroactive to June 1998 and this term will terminate in June 1999. Oral Communications - None Consent Calendar ChFlirperson McGuire requested items 3, 5 and 6 be pulled from the Consent Calendar and be considered prior to Scheduled Matters. MOTION by McGuire; SECOND by Hurley to approve the Consent Calendar, Items 1, 2, 4 and 7. 1. RECEIVE AND FILE CITY COUNCIL STAFF REPORT re: Receipt of Bolsa Chica Wetlands Steering Committee Newsletter, dated November 23, 1998. 2. RECEIVE AND FILE CITY COUNCIL STAFF REPORT re: Receipt of Orange County Council of Governments "First Quarter Progress Report, FY 1998/99", dated November 23, 1998 4. RECEIVE AND FILE EQCB STAFF REPORT re: Receive and File - Receipt of Negative Declarations, City of Westminster, dated January 27, 1999 7. RECEIVE AND FILE "The Last Practical Guide to CEQA for this Century!", prepared by the Planning Center, December, 1998 MOTION CARRIED: 5 - 0 - 0 AYES: Hurley, Jones, Porter, Voce and Chairperson McGuire NOES: None Items Removed from Consent Calendar - None 3. RECEIVE AND FILE CITY COUNCIL and EQCB COMMENT LETTER to County of Orange re: City of Seal Beach Response to NOP for Draft Environmental Impact Report 573: Marine Corps Air Station EI Toro Master Development Plan, dated December 14, 1998 Chairperson McGuire asked if the same plan is still being considered for EI Toro and is the DEIR being revised? Mr. Whittenberg indicated the Board considered the Base Closure Plan DEIR a year ago, and the current document is the Master Development Plan DEIR, which is a more focused document on the airport issues. Chairperson McGuire indicated the comment letter was very well written and asked if the Council would write a letter in 01-27-99 Minutes 2 . . . . i. City of Seal Beach EQCB Minutes January 27, 1999 support of the airport? Mr. Whittenberg indicated the Council to this point in time has not taken a formal position regarding the airport proposal at EI Toro. 5. RECEIVE AND FILE EQCB STAFF REPORT re: Receipt of "Draft Technical Memorandum - Phase II Ecological Risk Assessment Sampling Results and Reevaluation of Ecological Chemicals of Concern and Ecological Cleanup Levels for Sites 1 and 7, WPNSTA Seal Beachll, dated January 27,1999 6. RECEIVE AND FILE EQCB STAFF REPORT re: Receipt of "Draft Supplemen~cl Characterization Report, Installation Restoration Site 7, Weapons SI.If)port Facility", dated January 27, 1999 Chairperson McGuire asked Member Voce if he had any comments on these matters, as he is the Co-Chairman of the Restoration Advisory Board at the Weapons Support Facility? Member Voce indicated the process is a long, involved process, requiring the review of many separate documents. He reviewed the location of IR Sites 1 and 7 with the Board, indicating Site 7 is generating the most concern as it is a previous dump site, located adjacent to the National Wildlife Refuge. Final remediation at Site 7 is subject to continued discussion, whether to cap or to excavate. The studies are finding the material at Site 7 is primarily solid debris, such as construction materials, tires, etc., not chemical effluents. Chairperson McGuire thanked Member Voce for the update. MOTION by Hurley; SECOND by Jones to approve the Consent Calendar, Items 3, 5 and 6. MOTION CARRIED: 5 - 0 - 0 AYES: Hurley, Jones, Porter, Voce and Chairperson McGuire NOES: None Scheduled Matters 8. APPROVAL OF MINUTES - December 2, 1998 Recommendation: Approve Minutes subject to any corrections determined appropriate. Member Hurley indicated the meeting was an adjourned meeting and the title of the Minutes should reflect that. On page 2, the correction to the September 30 Minutes on page 14, line 27 should read: Period after "that day. On earlier occasions we wanted a permanent record of what was approved on the Consent Calendar. II Discussion ensued as to the page numbering utilized in the corrections of the October 28, 1998 Minutes, with Mr. Whittenberg indicating the corrections need to be made to the Minutes of December 2, 1998, and then those corrections will be made to the October 28, 1998 Minutes also. Mr. Hurley 01-27-99 Minutes 3 . , '. ~. (e City of Seal Beach EQCB Minutes January 27, 1999 indicated the word in quote's on page 4, line 15 should be "they". On page 5, line 24, after the wording "...effect it will h~ve" add "(it runs over to C-13): On the same page at the end of line 26, restctte the last sentence to read "Will they, or won't they, analyze it. II On page 6, line 11, Member Voce suggested the last clause of the $entence should to read ". . . whether the capacity can be sustained?" Mr. Hurley indicated on page 6, line 43, the first sentence should read "Regarding C-22, the last paragraph, Acting Chairperson. . ", and on line 44 the sentence should read "When you read the statement. . " MOTION by Hurley; SECOrJD by Voce to approve the Minutes of December 2, 1998 as amended. MOTION CARRIED: 3 - 0 - 2 AYES: Hurley, Jones and Voce NOES: None ABSTAIN: Porter and Chairperson McGuire 9. BOARD REVIEW - CITY RESPONSE LETTER re: "Draft - Extended Removal Site Evaluation Report, Installation Restoration Sites 40 and 70, Naval Weapons Station, Seal Beachll, Staff Report dated January 27, 1999 Recommendation: Authorize the Chairperson to sign the draft response letter, with any additional comments determined appropriate, and instruct staff to forward to the City Council for concurrence and signature by the Mayor. Receive and File Staff Report. Mr. Whittenberg indicated the Board was provided a complete copy of the subject document for review and based on staff review of the document and previous comments the City has made regarding these two sites has prepared a comment letter for consideration of the Board and ultimately to the City Council for concurrence. Member Voce indicated the comment letter was very good, and the specific comments regarding the areas of concern were most important. Member Voce indicated the City should be in receipt of the total document, and in his position of community co-chair of the RAB, he receives the total documents. Member Hurley asked if the information was also for depth, with Member Voce indicating the maps do indicate the depth of the plumes also. The Board discussed the differing water tables within the Weapons Support Facility and the impact of water pollution from storm waters draining into the ocean. Member Hurley asked what the term "fate" referred to in the documents? Member Voce answered the question, indicating the term refers to the impact of the particular within its surroundings, i.e., to soil, water, plant materials, etc. Mr. Hurley suggested changes on page 8 and 10, replacing "to when" with "beforell. MOTION by Hurley; SECOND by Voce to authorize the Chairperson to sign the draft response letter, as amended, and instruct staff to forward to the City Council for concurrence and signature by the Mayor. 01-27-99 Minutes 4 . , . . City of Seal Beach EQCB Minutes January 27, 1999 . MOTION CARRIED: 5 - 0 AYES: Hurley, Jones, Porter, Voce and Chairperson McGuire NOES: None ABSTAIN: None 10. BOARD REVIEW - CrfY RESPONSE LETTER re: Receipt of "Proposed Amended Rule 1401, New Source Review of Toxic Air Contaminants Staff Report and Draft Environmental Assessment - South Coast Air Quality management District (SCAQMDt, Staff Report dated January 27,1999 Recommendation: Authorize the Chairperson to sign the draft response letter, with any additional comments determined appropriate, and Receive and File Staff Report. In response to a question from Member Hurley, Mr. Whittenberg indicated the Board did not receive the environmental assessment during the comment period in late 1998. Mr. Hurley suggested minor amendments to the response letter: page 6, second paragraph, line 3 - change "isll to "are"; page 6, last paragraph, next to last line - add "Sll to "drop"; page 7, first line - add the phrase "and the prevailing wind" after "to Leisure World community within Seal Beach". ~. MOTION by Voce; SECOND by Porter to authorize the Chairperson to sign the draft response letter, as amended. MOTION CARRIED: 5 - 0 AYES: Hurley, Jones, Porter, Voce and Chairperson McGuire NOES: None ABSTAIN: None 11. BOARD REVIEW - Chapter 7D, Code of the City of Seal Beach, Eucalyptus Grove Preservation Recommendation: Review proposed amendments to Chapter 7D and instruct staff to revise and return to Board for final review, or instruct staff to Forward to City Council with recommendations. Mr. Whittenberg the Board was provided this evening with an additional set of tree trimming standards received today, as the Board may wish to review these standards in determining an appropriate set of standards to reference in the proposed revisions to Chapter 7D. He also indicated staff has prepared a redlinelstrikeout version based on the directions of the Board from the last EQCB meeting. I. Chairperson McGuire indicated Section 7D.2 Scope is not clear to her. Mr. Whittenberg indicated the areas that would be impacted by the exclusion 01-27-99 Minutes 5 . , I . . . ::. City of Seal Beach EQCB Minutes .January 27, 1999 language would be Leisure World and Surfside, and he is not familiar with the history of the Code section to explain why those exclusions werld adopted by the City Council. Chairperson McGuire inquired if section 7D-4(b}(2) could be modified to place more responsibility on the Tree Committee, and lessen the load on the Planning Commission? Mr. Whittenberg indicated the Planning Commission is the legally mandated body to make recommendations to the City Council on planning issues. He indicated the tree advisory committee is very informal and does not provide the due process requirements an applicant for a permit is entitled to receive. In response to the concern of Chairperson McGuire, Mr. Whittenberg indicated the Board may wish te propose a change in the language to indicate that prior to the Planning C:'!llmission receiving a staff report on a permit application, the report is forwarded to the Tree Committee for a review and recommendation in a timely manner. Mr. Whittenberg reviewed the Planning Commission review process with the EQCB. Member Porter suggested the Tree Committee be informed of the permit request, and that would provide notice and allow the committee to address the Planning Commission. In response to the discussion of the Committee, Mr. Whittenberg suggested the following language be added to Section 7D-4(b)(2): "Upon submission of the application request, it shall be forwarded to the Tree Advisory Committee for review and comment prior to consideration by the Planning Commission." In response to a question from Member Voce, Mr. Whittenberg indicated this referral during the 30-day time period to City is allowed to determine if the permit application is complete, it should not add additional processing time to the review of the permit request. Member Hurley requested "in orde~ to be inserted between "eucalyptus groves" and "to encourage the preservation. .11 in the last sentence of Section 7D-1. Member Hurley also indicated "who" is missing from the first line of Section 7D-7, it should read "Any person who violates. . " Member Voce indicated he made his comments at the last meeting, and the proposed changes address his concerns regarding penalty provisions. Member Voce indicated he had thought about recommending changing the number of trees that define a "grovell and felt that was not appropriate. In response to a question from member Porter, Member Voce indicated you cannot specify a certain number of trees within an area, as the different species of eucalyptus trees have different growth characteristics, some being very slender and some being very massive in trunk structure. Mr. Whittenberg verified with Member Voce and the Board that the current proposed reference to the ISA Western Chapter standards is appropriate, since they are more locally oriented. MOTION by Porter; SECOND by Voce to approve the proposed amendments to Chapter 7D as presented by staff, and as amended by the Board this evening, and forward to the City Council for consideration. 01-27-99 Minutes 6 'r , ' . ... re City of Seal Beach EQCB Minutes Janutiry 27, 1999 MOTION CARRIED: 5 - 0 AYES: Hurley, Jones, Porter, Voce and Chairperson McGuire NOES: None ABSTAIN: None IX. STAFF CONCERNS - None X. BOARD CONCERNS Member Voce indicated he would be discussing with the Navy ::'e issue of the City receiving complete sets of documents to review and comment on, not certain portions of those documents. He also indicated he would be pursuing pruning standards throughout the City, tied to business license issuance to ensure trees are pruned properly. ADJOURNMENT There being no further business, Chairperson McGuire adjourned the Environmental Quality Control Meeting at 7:51 PM. l!JirVYti( '13. 1r/(~ Chairperson, Environmental Quality Control Board ~ Note: These Minutes are tentative until approved by the Environmental Quality Control Board. The Environmental Quality Control Board Minutes of January 27, 1999 were approved on /?/th2Ch' -:3) ,1999. * * * * 01-27-99 Minutes 7