HomeMy WebLinkAboutEQCB Min 2000-03-01
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CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes
March 1, 2000
The Environmental Quality Control Board (EQCB) meeting of March 1, 2000 was
called to order by Acting Chairperson Hurley at 6:30 p.m. The meeting was held in
City Manager's Conference Room.
I. Pledge of Allegiance
As no flag was available in the conference room, a motion was made to forego
recital of the pledge of allegiance.
MOTION by Voce; SECOND by Jones to forego reciting the pledge of allegiance.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Jones, Porter, and Voce
None
McGuire
II. Roll Call
Present:
Absent:
Also
Present:
Vice-Chairperson Hurley, Members Jones, Porter, and Voce
Chairperson McGuire
Department of Development Services
Mac Cummins, Assistant Planner
Mr. Cummins stated that he had telephoned Chairperson McGuire and left a
message asking if she would be in attendance at tonight's meeting. He said he had
not received a call in response. Member Voce stated that he had also telephoned
Chairperson McGuire and stated that he did not hear back from her, but he assumed
she would be in attendance. Vice-Chairperson Hurley said he had not heard from
her either.
III. Approval of Agenda
MOTION by Voce; SECOND by Jones to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Jones, Porter, and Voce
None
McGuire
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of March 1, 2000
IV. Oral Communications
None.
V. Consent Calendar
1. RECEIVE AND FILE - "Receipt of Responses to Agency Comments: "Draft
Technical Memorandum No.6, Supplemental Risk Screening, Installation
Restoration Program Site 70, Area of Concern 4, Naval Weapons Station,
Seal beach."
2. RECEIVE AND FILE - Memorandum: Seal Beach Support Facility -
Installation Restoration Program - Status Report Re: RAB Project update
3. RECEIVE AND FILE - Memorandum: Receipt of Orange County Council of
Governments "Air Quality Technical Assistance Program."
4. RECEIVE AND FILE - City Letter to California Regional Water Quality
Control Board, Santa Ana Region: Re: Order No. 00-06, NPDES Permit No.
CA 0106828 - Platform Esther, approximately 1.5 miles offshore of Seal
Beach.
5. RECEIVE AND FILE - City Letter to California Coastal Commission: Re:
Application No. E-99-01 Belmont Island, approximately 8,100 feet offshore of
Seal Beach.
6. RECEIVE AND FILE - Receipt of "Draft Final Focused Site Inspection Phase
II Work Plan, Naval Weapons Station" and Responses to Comments.
7. RECEIVE AND File - Receipt of "Final Technical Memorandum No.6,
Supplemental Risk Screening, Installation Restoration Program Site 70, Area
of Concern 4, Naval Weapons Station, Seal Beach."
MOTION by Voce; SECOND by Jones to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Jones, Porter, and Voce
None
McGuire
VI. Scheduled Matters
8. APPROVAL OF MINUTES - January 26, 2000
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of March 1, 2000
Recommendation: Approve Minutes subject to any corrections
determined appropriate.
Vice-Chairperson Hurley noted that Page 4, Lines 11 and 12 of the minutes should
reflect the statement approved by EQCB to read as follows:
"... to authorize the Vice-Chairperson to sign the draft response letter with the
changes approved by the board."
MOTION by Porter; SECOND by Jones to approve the Minutes as amended.
Member Voce noted that he would abstain to vote on this item, as he was not in
attendance at the meeting of January 26, 2000.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Hurley, Jones, and Porter
None
McGuire
Voce
9. Election of New Chairperson and Vice-Chairperson
Chairperson Hurley stated that all members of the Board had received notice that if
a quorum were in attendance, elections would take place at tonight's meeting. All
members were in agreement to continue with elections
Vice-Chairperson Hurley opened the nominations for Chairperson of the
Environmental Quality Control Board for the 1999-2000 term. Member Voce
nominated Member Joseph Porter. There being no other nominations, Vice-
Chairperson Hurley closed the nominations for Chairperson.
MOTION by Voce to elect Member Porter to the office of Chairperson.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Jones, Porter, and Voce
None
McGuire
Vice-Chairperson Hurley opened the nominations for Vice-Chairperson of the
Environmental Quality Control Board for the 1999-2000 term. Member Porter
nominated Member Jones. Member Jones declined to accept the nomination.
Member Voce nominated Vice-Chairperson Hurley. There being no other
nominations, Vice-Chairperson Hurley closed the nominations for Vice-Chairperson.
MOTION by Voce to elect Vice-Chairperson Hurley to the office of Vice-Chairperson.
MOTION CARRIED:
4-0-1
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of March 1, 2000
AYES:
NOES:
ABSENT:
Hurley, Jones, Porter, and Voce
None
McGuire
Vice-Chairperson Hurley expressed his appreciation for the memo for Item 9
prepared by Staff regarding the election of officers.
VII. Staff Concerns
Mr. Cummins reminded the Board of the three memorandums distributed to them
regarding Platform Esther. He stated that Staff and the City Council had
recommended changes to the Coastal Commission proposal, and the Commission
has incorporated this input into their decision. Vice-Chairperson Hurley stated that
he had read the City's recommendations and thought they were all excellent.
VIII. Board Concerns
Member Voce requested that his statements be recorded verbatim and stated that
he wanted the City Manager to respond in writing at the next EQCB meeting as to
why the policy regarding prohibition of dogs in Gum Grove Park is not being
enforced, and why the City Manager authorized the Seal Beach Chief of Police to
not enforce this law. He stated that this law should have been enforced routinely all
along. He also asked why in the decision making process, is it not being enforced,
especially now before decisions are even made. His statements are as follows:
There's been a discussion on Gum Grove in order to permit dogs back
there and what I need to point out is that they are illegal right now, and
it's the City, once again, that's negatively impacted Gum Grove by
letting the dogs run free back there. It's an environmentally sensitive
area and, as much as I love the neighbors and the dogs, it's
inappropriate that dogs should run about in an environmentally
sensitive area that way. I don't have all the biological reasons, but
there are experts that do, and they should be called by the City to do
some thorough expert testimony before any decision is made because
Gum Grove is not an average, ordinary park. It's a nature area, and
that changes everything because the fresh water wetlands at the base
of that park... delineated by the Hellman Zone Biologists... there may
be laws that may preclude dogs from going back there, and there may
be laws that may have, should have precluded the macadam from ever
going back there. Since the City has an golden track record of dealing
with Gum Grove-they built the macadam, ordered regulation fire cuts
on the trees, and permit dogs when it has already been illegal all of this
time. The park itself is very seedy, and as a result a lot of wildlife has
been flushed out, or the ecological chains that should be there from the
ground up aren't because, simply in sheer numbers of dogs now that
go down there. In the afternoons, I sometimes see van loads of dogs
unleashed on that park. I think that there is some sort of a canine
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of January 26, 2000
commercial business that takes his dogs down there. A van pulls up
and six dogs jump out of the van. Another van pulls up; another five
dogs jump out. Sometimes I go there and there are 18 dogs running
wild in that park. How could wildlife possibly, especially with wetlands
right there, there's supposed be a 50-foot buffer between domestic
anything and wetlands. So there are some serious legalities that the
City needs to address and not override for a change.
These are legal questions, by the way. The City does have to take
them seriously and answer to them. They should be calling for
opinions from Fish and Game or Fish and Wildlife, and they should
also be speaking with the biologist from the Hellman Ranch Wetlands,
that delineated those wetlands, and how any future wetland restoration
plan may influence Gum Grove and how that really changes
everything. So this isn't as simple as people thinking that 'Oh, my
dogs alright, and we're there, and we're the real environmentalists, and
gee, if it wasn't for us taking our dogs down there and having our cell
phones, we couldn't call the police on the kids destroying the park.'
They always pick up twice as much poop as they say they really do,
and, you know, its just gotten out of hand. It's illegal. Also, I think
what compounds this is that the City Manager called the Police Chief
and told him not to enforce the law in Gum Grove against dogs; this
because the City Manager likes to take his dog in Gum Grove. So I
don't know if that's legal for a City Manager to override existing laws
like that, but there are some serious questions to be played out here,
and there's some serious questions that need to be answered both
with the City Manager, the Police Department, even Public Works who
built in that macadam and violated the 404 permits and everything.
So there's been a lot of mindlessness when it comes to Gum Grove
and 1'm really tired of it, and I want it to stop. I want people to put
environmental priorities first and stop making excuses for everything
else that happens.
Vice-Chairperson Hurley asked if Member Voce would like to see this topic appear
as an item on next month's agenda. Member Voce responded that he would. Mr.
Cummins stated that some of the issues Member Voce had discussed might be
outside the scope of EQCB. He said that the issues regarding the City Manager and
the Police Chief are certainly outside the scope of EQCB. Member Voce retorted
that this was something that specifically involves the environment because of Gum
Grove, and that this was an administrative issue that directly affects the
environment. He stated that it is the charge of the EQCB to bring forth any
environmental concerns, and that the Board members have to report back to their
Council person regarding these issues. He said that this is why he wants the City
Manager to specifically state if he did request that this law not be enforced, and why,
and how this has happened. Member Voce stated that he would investigate to
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of January 26, 2000
determine whether it was legal to override existing law without proper authorization
from the City Council. He stated that if this is true, he believes this to be particularly
selfish, since the City Manager has a dog that he takes to Gum Grove Park.
Vice-Chairperson Hurley asked if there were other places in Seal Beach where dog
owners can run their dogs. Member Voce responded that no there were not, but the
Animal Care Centers tell people to take their dogs to Gum Grove. He stated that it
was the City that consistently negatively impacts Gum Grove. He said that what he
was stating was that the lack of laws, and lack of application of the existing laws,
have created this problem. He stated that the population brings their dogs to Gum
Grove because the City does not stop them, and never has. He noted that City Staff
and the Police Department have set us up for this problem. Member Voce
questioned why if someone who is caught drinking alcohol in Gum Grove Park would
not only get cited, but also arrested, yet even if the sign clearly says "No Dogs
Allowed," no one is cited or arrested or anything for this violation.
Vice-Chairperson Hurley asked Member Voce how long he had resided near Gum
Grove Park. Member Voce responded that he has lived there since 1983. Vice-
Chairperson Hurley confirmed with Member Voce that during the 17 years that he
has lived in this neighborhood, if Member Voce has observed a change in Gum
Grove Park. Member Voce responded that he has observed several changes. He
stated that he had to stop the City from ordering fire crews to do police regulation
cuts 8 feet up on the trees so that there could be searchlights. He stated that this is
a nature park and you don't trim trees up 6 to 8 feet. He noted that he was not able
to stop the macadam, and now he can't stop the dogs. He stated that 1 or 2 dogs on
a lease per day was not bad, but he objects to packs of roving dogs that are there
every day. He said that basically the dog owners have co-opted and now act like
they own the park.
Vice-Chairperson Hurley shared a newspaper article that he brought in describing a
coalition of cities formed to address urban runoff. He asked if Seal Beach was a
member of this coalition. Mr. Cummins responded that he was not sure. Vice-
Chairperson Hurley stated that he would leave the article with Mr. Cummins. He
stated that he believed urban runoff is what does the most damage to the beach, as
it comes down the San Gabriel River and deposits into the ocean. He said that the
City of Seal Beach could not do much about this, as it does not control the cities
upstream. He noted that this coalition of cities is asking the legislature for new
funding for 4 programs addressing urban runoff. He said that it appears to be a
good idea, and if the City were not participating, he would like to know so that he can
determine how the City can be a part of this coalition. Mr. Cummins responded that
he would inquire.
Vice-Chairperson Hurley inquired about whether the Hellman Ranch Project had
received the final approval from the Coastal Commission. Mr. Cummins responded
that the current status of the Hellman Project was that the decision of the Coastal
Commission to approve the project was overturned in court, and a review of the
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of January 26, 2000
court decision is currently in progress to help draft a proposal to take back before the
Coastal Commission. He indicated that this proposal was being drafted for the
development of homes only. Member Porter confirmed that the golf course had
been eliminated from the project. Mr. Cummins responded that it had been
eliminated.
IX. Adjournment
MOTION by Voce; SECOND by Porter to adjourn to the next meeting of March 29,
2000.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Jones, Porter, and Voce
None
McGuire
Chairperson Hurley adjourned the meeting at 7:00 p.m.
Respectfully Submitted,
C'~~
Carmen Alvarez, Executive Secretary
Department of Development Services
The Board on March 29, 2000 approved the ~es of the Environmental Quality
Control Board of Wednesday, March 1, 2000. .
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