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HomeMy WebLinkAboutEQCB Min 1992-11-17 . . . Environmental Quality Control Board Minutes November 17, 1992 I. CALL TO ORDER - 6:30 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL Present: Also Present: Voce, Hood, Hurley, Hotchkiss, Logan Barry Curtis, Administrative Assistant (planning) Kristen Stultz Andersen, Public Participation Specialist Richard Williamson, Public Affairs Officer NWSSB Steve McDonald, Head of Environmental Programs NWSSB IV. NEW BUSINESS 1. SEAL BEACH NAVAL WEAPONS STATION TOXIC CLEANUP Ms. Andersen of the State Department of Toxic Substances Control made a presentation to the Board regarding the status of the toxic cleanup of the Naval Weapons Station. Ms. Andersen discussed the process of toxic cleanup. Ms. Andersen indicated that public input is an integral component of the cleanup. She indicated that the EQCB can perform an important role in assuring that the City is represented in the ongoing cleanup. Ms. Andersen discussed the various levels of public participation. There will be public meetings and workshops as well as a technical review committee (TRC). Mr. Voce asked when the next TRC meeting will be held. Ms. Andersen said the next meeting has not been scheduled yet. Mr. Williamson discussed site specific issues and the numerous ongoing projects. Mr. Williamson discussed water quality and provided the Board with a fact sheet covering the Base's various environmental programs. He indicated the various documents are available for review at the local libraries. e IAMIPROIDOCSlEQBC\M1N92-11 Bee:bc . . . EQCB Minutes of November 17, 1992 Currently the following programs are underway: ~ Remedial Investigation about to begin. ~ Site Investigation ongoing. ~ Extended Site Investigation ongoing. ~ Preliminary Assessment about to begin. ~ Wildlife Refuge Study ongoing. All of these programs are (will be) running concurrently. This process began in 1980. First study was in 1985 with follow-ups in 1987 and 1990. Currently some of the research is being redone. Through the Site Investigation some of the 1989 sites have been combirted and some new sites added. Mr. Hurley asked if the Wildlife Refuge Study was a result of evidence of toxic contamination within the refuge. Mr. Williamson said no. Finally, a study will be proceeding with the former NASA site at the southeasterly corner of Seal Beach Boulevard and W estminster Avenue. Mr. Logan asked how long the studies will take to complete. Mr. Williamson said beyond the year 2000. Mr. Voce asked how many sites are currently identified on the base. Mr. Williamson said there are 29 identified sites, however, this number is in a state of flux. Mr. McDonald explained the site number in process as it has evolved. Mr. Hood asked what the Navy's position is relating to CEQA (i.e. does CEQA apply on federal property). Mr. Williamson indicated that the Navy must comply with NEP A, not CEQA, but their position has been to comply with CEQA as well. Ms. Andersen indicated that the state believes the navy must comply with CEQA. Ms. Andersen concluded her presentation. Mr. Hotchkiss felt that a member of the EQCB should attend TRC meetings to report back to the Board. Mr. Curtis indicated that a member of staff attends the TRC meetings (Lee Whittenberg, Director of Development Services attends TRC meetings). Mr. Hotchkiss volunteered to attend the TRC meetings as an observer and report back to the Board. Mr. Hurley asked whether the staff member who attends meetings provides the City with a report. Mr. Curtis was uncertain. e IAMIPROIDOCSlEQBC\M1N92-11 Bee be Page 2 . . . EQCB Minutes of November 17, 1992 2. PROPOSED CITY COUNCIL POLICY RE: HAZARDOUS WASTE AND SUBSTANCES SITES LIST Mr. Curtis delivered the staff report. Mr. Curtis indicated that approval of this statement by the EQCB and adoption by the Council will formalize the process regarding compliance with the provisions of the Government Code. Mr. Hurley asked how this statement relates to the activities of the City. Mr. Curtis explained how the statement and sites list coincides with review under CEQA. MOTION BY HOOD; SECOND BY HURLEY: TO RECOMMEND APPROVAL OF THE PROPOSED POLICY AND RECOMMENDATION OF ITS ADOPTION TO THE CITY COUNCIL: MOTION CARRIED: A YES: HURLEY NOES: 5-0 VOCE, HOTCHKISS, LOGAN, HOOD, Mr. Hotchkiss asked what the nature of the contamination was at McGaugh school. Mr. Curtis indicated it could be paints or solvents. Mr. Hurley asked what the two (2) sites in Leisure World are. He thought one could be a duplicate. 3. REVIEW OF "DRAFf ENVIRONMENTAL IMPACT STATEMENTI ENVIRONMENTAL IMPACT REPORT (EIS/EIR) FOR THE PROPOSED BOLSA CHICA PROJECT" Mr. Curtis presented the staffreport and discussed the proposed project. Mr. Curtis indicated that the environmental review process has now begun and the purpose of this report is to provide comments back to the City of Huntington Beach on the adequacy of the environmental review. Mr. Curtis indicated the draft response the City has prepared focuses mainly on traffic and circulation concerns due to there direct impact on Seal Beach. Issues relating to traffic such as noise and air quality are also discussed. The City's response does not focus much on other areas because they do not directly affect Seal Beach. Mr. Curtis advised the Board, if they are concerned with other issues such as wetlands, they may individually comment to the City of Huntington Beach. Mr. Curtis read the proposed letter from the City and a letter from the City Attorney's office to the Board. e IAMIPROIDOCSlEQBC\MIN92-1 I Bee be Page 3 . . . , . EQCB Minutes of November 17,1992 Mr. Hurley felt the letter should address more than simply traffic/circulation and related issues and suggested the letter be amended as follows: Add a new third paragraph to the second page to read: In addition, the Environmental Quality Control Board and the City Council state that we consider the Bolsa Chica Wetlands to be an invaluable, indeed essential, natural resource in our environment and urge the City of Huntington Beach and the Army Corps of Engineers not to approve permit the proposed Bolsa Chica project unless and until the ecological integrity health and welfare of the wetlands can be guaranteed Mr. Hotchkiss expressed concern over several of the proposed mitigation alternatives proposed on page 10 of Attachment D of the DEIRIDEIS. He felt several of the alternatives do not guarantee wetland restoration. Mr. Hotchkiss indicated he will probably forward his own letter to Huntington Beach concern several issues he feels are not adequately addressed in the DEIRIDEIS. MOTION BY HOOD; SECOND BY HOTCHKISS: TO ACCEPT THE LETTER TO HUNTINGTON BEACH AS AMENDED BY MR. HURLEY AND AUTHORIZE THE CHAIRMAN TO SIGN THE LETTER ON BEHALF OF THE BOARD. MOTION CARRIED: A YES: 5-0 VOCE, HOTCHKISS, LOGAN, HOOD, HURLEY NOES: Dr. Hood was excused to attend another meeting. V. OLD BUSINESS 4. MINUTES OF AUGUST 18,1992 Mr. Hurley said he could not find the memo identified on page 2 of the minutes. Mr. Hotchkiss said he had a problem with the Ordinance, not the Element. He asked that after he is quoted as saying "pretty sound" he ins~rt a comma followed by "though the ordinance undermines the integrity of both proposed elements. II Mr. Curtis indicated he could make these changes and include a copy of Mr. Hotchkiss's memo into the minutes. e'IAMIPROIDOCSlEQBC\M1N92-11 Bee be Page 4 . . . . . EQCB Minutes of November 17, 1992 MOTION BY HOTCHKISS; SECOND BY HURLEY: TO APPROVE MINUTES OF AUGUST 18, 1992 AS AMENDED BY MR. HOTCHKISS. MOTION CARRIED: A YES: 4-0 VOCE, LOGAN, HURLEY, HOTCHKISS NOES: 5. MINUTES OF OCTOBER 20, 1992 Mr. Hurley asked that page 3 be amended to insert the following after it indicates he suggested an amendment to the proposal creating a purpose section: "and suggest several changes in the wording in other parts of the ordinance. " MOTION BY HOTCHKISS; SECOND BY LOGAN: TO APPROVE MINUTES OF OCTOBER 20, 1992 AS AMENDED BY MR. HURLEY. MOTION CARRIED: A YES: 4-0 VOCE, LOGAN, HURLEY, HOTCHKISS NOES: VI. BOARD CONCERNS Mr. Voce asked that an oral communications section be added to future agendas. Mr. Curtis indicated he would include such a section right after "Roll Call" and the Board can open any item up to public discussion. MOTION BY VOCE; SECOND BY HOTCHKISS: TO INCLUDE AN ORAL COMMUNICA TION SECTION AFTER THE ROLL CALL TO FUTURE AGENDAS. MOTION CARRIED: A YES: 4-0 VOCE, LOGAN, HURLEY, HOTCHKISS NOES: Mr. Voce expressed concern over the recent approvals by the Planning Commission of two requests on Main Street; one extending a restaurant's hours by one hour four nights per week (10 p.m. to 11 p.m. Sun - Thur) and one allowing a single non-amplified entertainer at another restaurant. Mr. Voce wanted it on the record that he was opposed e IAMIPROIDOCSlEQBC\MIN92-11 Bee be Page 5 . . . ~ .. . I - , . EQCB Minutes of November 17,1992 to further intensification on Main Street, specifically late night (after 10 or 11 p.m.). Mr. Curtis explained the approvals by the Planning Commission and that both matters would be coming before the Planning Commission tomorrow for final approval. Ms. Reva Olsen indicated there is a concern with legality of these approvals and CEQA laws. Mr. Curtis discussed cumulative impacts. He indicated staff believes these requests technically meet the requirements of CEQA, but staff is recommending that additional environmental review be performed to address such issues as cumulative impacts. Mr. Voce suggested a City policy relating to uses on Main Street. Mr. Hotchkiss was concerned that cumulative impacts was addressed. Mr. Hotchkiss thought an EIR should be prepared, or a the minimum an initial study should be performed. Mr. Curtis indicated staffwill recommend an environmental assessment be performed in conjunction with the anticipated appeals of both approvals. Mr. Curtis indicated that Mr. Hotchkiss's points are valid but they are not the action that the Planning Commission took. Ms. Reva Olsen stated the Planning Commission is not a legal body. Mr. Curtis indicated they are a legal, but appealable, body. Mr. Curtis indicated that the two approvals were conditioned in a manner which stated that the applicant will abide by any future rules and regulations imposed by the City. The applicant is required to sign an acceptance of all conditions prior to final approval of his request. Ms. Reva Olsen asked how much in-lieu parking Seaside Grill has. Mr. Curtis said none. The property technically meets all parking requirements and the Seaside Grill is not an intensification of use since this suite has been a restaurant since the building was constructed. Mr. Hurley asked the status of the tree ordinance. Mr. Curtis said it is being reviewed by the City Council. Mr. Hurley asked the status of the leaf blower ordinance. Mr. Curtis said he expects the policy statement to be on the City Council agenda in the near future. VII. STAFF CONCERNS Mr. Curtis presented the Board an article on urban trees. e IAMIPROIDOCSlEQBC\MIN92-11 Bee be Page 6 -. ~ I "';. EQCB Minutes of November 17, 1992 . VIII. ADJOURNMENT The meeting was adjourned at 8:45 p.m. Respectfully Submitted, Barry C. Curtis, Jr. Secretary, Environmental Quality Control Board . . e-lAMIPROIDOCSlEQBC\MIN92-11 Bee:be Page 7