HomeMy WebLinkAboutEQCB Min 1999-05-26
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CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes
May 26, 1999
The adjourned Environmental Quality Control Board (EQCB) meeting of May 26, 1999
was called to order at 6:30 p.m. The meeting was held in City Council Chambers.
I. Pledge of. Allegiance
II. Roll Call
Present:
Absent:
Members Hurley, McGuire, Porter, Voce
Jones
III. Approval of Agenda
Boardmember Hurley requested that Item 6 and 7 be removed from the consent
calendar.
MOTION by Voce; SECOND by Hurley to approve the agenda as amended.
Motion Carried:
AYES:
NOES:
ABSENT:
4-0
Hurley, McGuire, Porter, Voce
None
Jones
IV. Oral Communications - None.
V. Scheduled Matters
1. Approval of Minutes for March 31,1999
Chairperson McGuire stated that Boardmember Hurley had to leave early and the
board would attempt move as quickly as possible in addressing all items.
Boardmember Hurley asked for clarification of the discussion at the bottom of Page 3
of the minutes. This paragraph discusses the Bolsa Chica Channel improvements
near College Park East, and Boardmember Hurley was confused by the inclusion of
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EQCB Minutes of May 26, 1999
Boardmember Voce's comments related to Gum Grove. Chairperson McGuire stated
that she believed Mr. Voce had been referring to the Hellman Property development.
Mr. Lee Whittenberg stated that Staff would go back and review the tape recording of
the March 31 EQCB meeting. He stated that he didn't believe the text was correct.
MOTION by Hurley; SECOND by Voce to continue approval of the minutes for March
31, 1999, at the next EQCB meeting after corrections made.
Motion Carried:
AYES:
NOES:
ABSENT:
4-0
Hurley, McGuire, Porter, Voce
None
Jones
2. BOARD REVIEW - EQCB STAFF REPORT re: City Response Letter re:
"Draft Closeout Report - Removal Action: Installation Restoration Site 19-
Building 241 Pit and Sandblast Grit Area," Staff Report dated May 26,1999
Recommendation: Authorize the Chairperson to sign the draft response letter, with
any additional comments determined appropriate. Instruct Staff to forward to the City
Council for consideration and approval of final Comment Letter. Receive and File
Staff Report.
MOTION by Voce; SECOND by Hurley to approve Item NO.2.
Motion Carried:
AYES:
NOES:
ABSENT:
4-0
Hurley, McGuire, Porter, Voce
None
Jones
3. BOARD REVIEW - EQCB STAFF REPORT re: Consideration of City
Response Letter re: "Special Initial Study for Action
Memorandum/Remedial Action Plan for Non-Time Critical Removal Action,
Installation Restoration Program Site 1 - Wastewater Settling Pond,
Weapons SUPP9rt Facility, Seal Beach," Staff Report dated May 26,1999.
Recommendation: Authorize approval of City response letter with any modifications
determined appropriate, instruct Chairperson to sign proposed Response Letter, and
instruct Staff to forward to the City Council for information. Receive and File Staff
Report.
Boardmember Hurley stated that the letter was fine except for a "misquote" on Page 9,
4th line from the bottom of the page. He stated that quote should be written exactly as
stated: "... Seal Beach Boulevard would be much less in that it is the main
thoroughfare." He also asked why, based on the report, the State Department of
Toxic Substance Controls (DTSC) appeared to be doing the Navy's job. Mr.
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EQCB Minutes of May 26, 1999
Whittenberg responded that the State and the Navy had entered into an agreement to
allow the State to review all of the actions on the Naval Base. He went on to say that
once the State is into the process, then the review is completed by the approving
agency, which, under the provisions of State law, is the DTSC. He stated that the
DTSC prepares the actual report, as they are the agency that issues the permit.
Boardmember Voce added that although the report was prepared by the DTSC, they
probably hired consultants to perform the actual work related to acquiring the data for
the report.. Mr. Hurley said that he did not recall the DTSC ever doing the work for
completing reports. Mr. Whittenberg reminded Boardmember Hurley of a negative
declaration on another site that had been completed last year by the DTSC.
Boardmember Voce stated that if the State wanted more extensive testing done, the
State would request that the Navy complete further testing and/or monitoring of sites.
He also said that the State and/or the Navy might publish reports and request that
local citizens provide their opinions on these studies. Boardmember Hurley asked
who determined whether the State or the Navy would do the study. Mr. Whittenberg
responded that the State of California determined who would complete the study. He
also reported that not only was the DTSC an oversight agency, but that they also
served as a regulatory agency. Boardmember Hurley pointed out that on Page 1 of
the report it clearly stated that the DTSC had completed the special initial study.
Chairperson McGuire emphasized that although the DTSC did complete the study,
this did not indicate that the agency had actually performed the testing of sites. Mr.
Whittenberg stated that by provision of law of the California Environmental Quality
Act, there is a definition of what constitutes a "lead agency" and its responsibility for
control of the document. He said that because of the provisions of the agreement
between the State and the federal government, the State was defined as the lead
agency for all environmental reviews. Boardmember Hurley asked whether the DTSC
had to provide final approval of any studies completed on the Naval Weapons Station
sites. Mr. Whittenberg stated that certain types of removal activities rise to a level
where the problem is significant enough to require an initial study. He stated if there
was a smaller involvement of a project, quite often an initial study was not necessary
as the category of the project could be easily determined. Clean up would then be
carried out in accordance with the standard rules and regulations.
Boardmember Voce noted that the Naval Weapons Station is looking at rail removal
of the excavated materials from Site 1. Chairperson McGuire asked what the
disposition of the material would be. Boardmember Voce responded that this issue
had not yet been clarified.
MOTION by Hurley; SECOND by Voce to approve Item No. 3 as amended and
instruct the Chairperson to sign the response letter and instruct Staff to forward to City
Council for informatiori purposes.
Motion Carried:
AYES:
NOES:
4-0
Hurley, McGuire, Porter, Voce
None
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EQCB Minutes of May 26, 1999
ABSENT:
Jones
4. BOARD REVIEW - EQCB STAFF REPORT re: City Response Letter re:
"Request for Identification of Applicable and Appropriate Requirements
(ARARS): Feasibility Study (FS) at the Installation Restoration (IR) Site
Naval Weapons Station (NWS) Seal Beach, California," Staff Report dated
May 26, 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 and Planning Commission for information purposes. Receive and File
Staff Report.
MOTION by Hurley; SECOND by Voce to approve Item No. 4 to authorize the
Chairperson to sign the response letter and instruct Staff to forward to City Council for
information purposes.
Motion Carried:
AYES:
NOES:
ABSENT:
4-0
Hurley, McGuire, Porter, Voce
None
Jones
Consent Calendar
5. RECEIVE AND FILE CITY COUNCIL and EQCB COMMENT LETTER to
Weapons Support Facility re: "Draft Groundwater Monitoring Study at Sites 1
and 7, Weapons Support Facility, Seal Beach", dated April 12, 1999
6. RECEIVE AND FILE CITY COUNCIL COMMENT LETTER to California
Coastal Commission re: "Application No. 5-99-026, dated May 4, 1999
7. RECEIVE AND FILE EQCB STAFF REPORT re: Draft Project Closeout
Report - Soil Remediation Project for Installation Restoration Site 8 - Battery
Shop Drainage from Building 235, dated May 26, 1999.
8. RECEIVE AND FILE EQCB STAFF REPORT re: Draft Final Groundwater
Monitoring Study at IR Sites 1 and 7 - Naval Weapons Station, Seal Beach,
dated May 26, 1999
9. RECEIVE AND FILE EQCB STAFF REPORT re: Draft Environmental Impact
Report re: Sav-On Drug Store, City of Long Beach, dated May 26, 1999
MOTION by Hurley; SECOND by Voce to approve the Consent Calendar with
the exception of Items 6 and 7. .
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EQCB Minutes of May 26, 1999
Motion Carried:
AYES:
NOES:
ABSENT:
4-0
Hurley, McGuire, Porter, Voce
None
J Jones
,
6. RECEIVE AND FILE CITY COUNCIL COMMENT LETTER to California
Coastal Commission re: "Application No. 5-99-026, dated May 4, 1999
Chairperson McGuire asked if there was a second reading on Item NO.6. Mr.
Whittenberg stated that it had been approved at the Coastal Commission
meeting of May 11, 1999, and would not require a second reading. He stated
that this was basically an information item.
Boardmember Hurley stated that the comment letter did not clarify what the City
was asking and what the Coastal Commission was going to do. He said that the
letter simply stated what the City objected to about the Staff Report but did not
explain anything about the application. He said that some background
information would ~ave been quite helpful to him. Mr. Whittenberg stated that
the letter was actually directed to the Coastal Commission and that they had the
Staff Report on file. Boardmember Hurley stated that he did not see why the
letter was sent to the board, and it should not be given to the board without any
explanation. Mr. Whittenberg stated that the City Council had requested that the
letter be given to the EQCB members. He said that in the future an attachment
would be provided outlining the basic features and major concerns of the project.
MOTION by Hurley; SECOND by Voce to receive and file Item 6.
Motion Carried:
AYES:
NOES:
ABSENT:
4-0
Hurley, McGuire, Porter, Voce
,None
Jones
7. RECEIVE AND FILE EQCB STAFF REPORT re: Draft Project Closeout
Report - Soil Remediation Project for Installation' Restoration Site 8 -
Battery Shop Drainage from Building 235, dated May 26, 1999.
I
Boardmember Hurley directed attention to the Executive Summary, Page i, and
stated that the items of concern appeared in the middle of the 4th paragraph. He
read the section which outlines the determination for use of Zone 3 as space for
industrial uses but not residential, with development for residential use unlikely.
He asked whether the City was satisfied with the findings of this report. Mr.
Whittenberg responded that the findings were found to be appropriate for this
particular area since the property was located in the middle of a rail yard.
Boardmember Hurley countered that the area could not always be a rail yard or
a Weapons Station. He said that when communications are received from the
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VII.
VIII.
IX.
EQCB Minutes of May 26, 1999
Navy Department, the EQCB is always pleased when property is deemed
appropriate for cleanup to residential standards. Mr. Whittenberg responded
that this was an area that was still in use on the Naval base for a number of
industrial activities, and that other areas, like Site 1, are vacant. He said that at
this point it would not be expedient to request that this area be cleaned up for
residential since it is still being used for industrial purposes. He stated that if
and when the base does close down, the Navy has agreed that this area would
be cleaned up. Boardmember Hurley asked if the City had written verification of
this agreement. Mr. Whittenberg responded that this statement appears in the
Project Management Report that had been presented to the board the previous
month. Boardmember Voce interjected that part of the area had already been
excavated and backfilled.
MOTION by Voce; SECOND by Porter to receive and file Item 7.
Motion Carried:
AYES:
NOES:
ABSENT:
4-0
Hurley, McGuire, Porter, Voce
None
Jones
Publi~ Hearings - None
Staff Concerns
Mr. Whittenberg announced that from this point on Mr. Mac Cummins would be
the primary contact for EQCB. Mr. Whittenberg stated that he would be in
attendance whenever any activities arise for which Mr. Cummins is not yet well
versed. He reassured the board members that Mr. Cummins was very thorough
and interested in learning more issues pertaining to the environment and in
working with the EQCB.
Board Concerns
Boardmember Voce requested a copy of the new windrow report. He reported
that Greg Applegate is the arborist who has been hired by Bixby Ranch
Company to handle the oversight of the tree management of the windrow and to
complete an inventory of all the trees on the property. He stated that the current
windrow report states that there is an infestation of psyllids, which is an insect
that attacks trees. Although the psyllid does not kill the trees, it does weaken
them 'and decreases their overall span of life. Mr. Applegate recommends that
the infested trees be retired and that new trees be planted. Mr. Voce stated that
presently the City is under a mandate to preserve 70% of the trees in the
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EQCB Minutes of May 26, 1999
windrow. He recommended that the other board members review the report.
Boardmember Voce stated that there had been some grading done in that area,
and he was getting a little nervous about whether this grading would affect the
trees. He stated that grading, compacting, and trenching could destroy roots,
and with trees that have been improperly trimmed and poorly irrigated, several
trees might die if the only tree roots that are able to access water are destroyed.
Mr. Voce stated that should this happen, the City would have failed in
maintaining quality control of this project. Chairperson McGuire asked whether
the current problem with the infested trees was due to them having been
improperly pruned in the past. Boardmember Voce responded that this was the
case with many of the trees. He said that after being topped or cut down many
of the trees had "stump sprouted" new limbs which creates trees without the
same integrity in terms of structure as one that has not been cut or topped off.
He stated there was not an irrigation system available to the trees other than the
water they were able to take in from watering of the golf course. Also, due to the
current infestation and trees having been planted too close together, many of the
trees have experienced tall, vertical growth, resulting in tall, spindly trees.
Chairperson McGuire inquired as to the life span of the trees. Boardmember
Voce stated that red gum could live for a long time but he did not know the exact
lifespan. Mr. Whittenberg stated that he had not finished reviewing the report
and was not sure whether the answer to that question appears in the report. He
stated that he would make copies of the report available to all board members.
He said that the report would probably not be heard before the Planning
Commission until either June 23 or July 7. Chairperson McGuire asked if there
was a solution ridding the trees of the infestation, other than retiring them.
Boardmember Voce stated that the trees did not have to be retired to eliminate
the infestation. He said that he had spoken with Patty Campbell, and she had
reported reading that gnats and lady beetles could be released into the grove of
trees and that they would consume the psyllids. He stated that nicotine sulfate,
which is used to treat diseased trees, was no longer approved in California. At
any rate, he said, this would not be a viable solution for trees that are as tall as
the eucalyptus trees in the windrow. Boardmember Voce again expressed his
concern that the grading, heavy machinery, and trenching would destroy root
systems, thus weakening the trees. Chairperson McGuire asked if information
on eucalyptus root systems was available. Boardmember Voce said that the
arborist studied the trees and that most of the root systems were surfacial, due
to moisture being on the surface causing the roots to grow laterally and
surfacially. Boardmember Hurley asked if this process was happening now.
Boardmember Voce stated that it was happening, and he again emphasized his
concern for the affect on the trees. Mr. Whittenberg stated that Staff could talk
with the arborist to get more information on this issue. Chairperson McGuire
suggested that "deep watering" be done now to prevent loss of root moisture to
trees. Mr. Whittenberg indicated that unlike many areas, this area did have a
high water table. Boardmember Voce mentioned the arborist's presentation at
the Eucalyptus Tree Workshop the previous week in which he provided samples
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of the infested stumps and leaves. He stated that those in attendance at the
workshop expressed great interest in preserving the windrow. Chairperson
McGuire stated that the board needed to look at solutions for eliminating the
psyllids.
Chairperson McGuire recommended returning to the numbered lines format for
preparation of the EQCB minutes. She also requested that a laptop computer be
made available at the EQCB meetings so that everything could be placed on
disk and letters could be prepared and signed by all members before
adjournment of the meeting. Mr. Whittenberg stated that he had allocated funds
in next year's budget for purchase of a laptop computer and a printer.
(Boardmember Hurley leaves the meeting.)
Chairperson McGuire informed the board that she would not be in attendance at
the June 30 meeting. She inquired if the June meeting could be canceled
unless a high priority item needed to be addressed. Mr. Whittenberg stated that
if an important issue should arise, the EQCB might elect to meet the first week in
July. He stated that he would contact board members if this were necessary.
Chairperson McGuire stated that she has an acquaintance that has a doctorate
in Geology and Chemical Engineering and that she would review the EIR reports
and provide feedback for use at the EQCB meetings.
x. Adjournment
MOTION by Voce; SECOND by Porter to adjourn this meeting (7:15 p.m.), and
adjourn to the regularly scheduled June 1999 meeting date.
Motion Carried:
AYES:
NOES:
ABSENT:
3-0
McGuire. Porter. Voce
'None
Jones
Respectfully Submitted,
~~
Carmen Alvarez, Executive Secretary
. Department of Development Services
XI. APPROVAL
The Board on July 28, 1999 approved the Minutes of the Environmental Quality Control
Board of Wednesday, May 26, 1999. ~.
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