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HomeMy WebLinkAboutEQCB Min 2001-06-27 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 CITY OF SEAL BEACH Environmental Quality Control Board Minutes of June 27, 2001 The Environmental Quality Control Board (EQCB) meeting of June 27,2001 was called to order by Chairperson Porter at 6:30 p.m. The meeting was held in City Council Chambers. Pledge of Allegiance II Roll Call Present: Absent: Also Present: Chairperson Porter, Members Hurley, Jones, Unrath and Voce None Department of Development Services Mac Cummins, Assistant Planner III Approval of Agenda MOTION by Hurley; SECOND by Voce to approve the Agenda as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Hurley, Jones, Porter, Unrath, and Voce None None IV Oral Communications None. V Consent Calendar 1. RECEIVE AND FILE - Memorandum: Responses to Member Voce's questions. Memo dated June 27,2001 2. RECEIVE AND FILE - Crystal Cove Historic District Newsletter. Newsletter #2, May, 2001. \\SCULL Y\CARMEN\EQCB\06-27 -01 EQCB Minutes.doc 1 1 .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Environmental Quality Control Board Meeting Minutes of June 27, 2001 4. RECEIVE AND FILE - Letter to David Bailie, Environmental Director, Naval Weapons Station Seal Beach, re: Proposed Water Tower Demolition. Letter dated June 11,2001. Member Hurley requested that Item Numbers 3 and 5 be removed from the Consent Calendar. MOTION by Voce; SECOND by Porter to approve the Consent Calendar as amended. MOTION CARRIED: AYES: - NOES: ABSENT: 5-0 Hurley, Jones, Porter, Unrath, and Voce None None 3. RECEIVE AND FILE - Staff Report Re: Receipt of "Fact Sheet", Non-time Critical Removal Action for Installation Restoration Site 5 - Clean Fill Disposal Area. Staff Report dated June 27,2001. Vice-Chairperson Hurley said that he had received something from the Naval Weapons Station (NWS) providing public information regarding the Action Memorandum/Removal Action Work Plan (AM/RAW) for Site 5 and the notification of the public comment period. He asked if the City had received the draft copy of this document, as this was not indicated in the Staff Report for this item. Mr. Cummins stated that the attached newsletter was the only item received, but that Staff does receive a copy of these drafts whenever they are distributed. Vice-Chairperson Hurley stated that he would like to see a statement included in the Staff Report verifying receipt of this document by the City and describing any action taken. Vice-Chairperson Hurley emphasized that if the Director of Development Services had received a copy of this report, a more detailed Staff Report should have been provided to the Environmental Quality Control Board (EQCB) with regard to any final action taken on Site 5. He requested that a memorandum be drafted for presentation at the next meeting of the EQCB reporting on proposed action to be taken. Mr. Cummins stated that he would be happy to do so. Member Voce noted that the NWS does not always distribute copies of all reports. He stated that he may have received a copy of this document and he would check his files. Member Voce said that if he has not received it, in all likelihood the City has not yet received a copy. MOTION by Voce; SECOND by Porter to Receive and File: Staff Report Re: Receipt of "Fact Sheet", Non-time Critical Removal Action for Installation Restoration Site 5 - Clean Fill Disposal Area dated June 27,2001. Staff to provide an updated Staff Report at the next meeting of the EQCB. MOTION CARRIED: AYES: NOES: 5-0 Hurley, Jones, Porter, Unrath, and Voce None \\sCULL Y\CARMEN\EQCB\06-27 -01 EQCB Minutes.doc 2 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Environmental Quality Control Board Meeting Minutes of June 27, 2001 ABSENT: None 5. RECEIVE AND FILE - Letter to Lisa Cibellis, Planning and Development Services Department, County of Orange, re: City of Seal Beach Comments re: "Notice of Intent to Adopt a Negative Declaration IP01-017, Sunset Harbour Marina." Letter dated May 29, 2001. Chairperson Porter stated that this was the first time that he had seen this letter. He asked if the City had already disposed of this item. Mr. Cummins stated that the reason the EQCB did not see this letter until now, was because Staff had taken this item directly to City Council for a comment letter based upon some of the actions taking place at the Sunset Harbour Marina. He stated that the Negative Declaration (ND) is to be re-ci~culated based upon comments made by Staff and other agencies. He noted that if the 30-day comment period allows, the re-circulated negative declaration would be brought before the EQCB for comments before going before City Council. Member Voce asked when this might occur. Mr. Cummins stated that he was not certain. Member Unrath asked if the Board would have an opportunity to include comments. Mr. Cummins stated that the Board would. Vice-Chairperson Hurley asked if a special meeting could be scheduled to provide the EQCB an opportunity to comment. Mr. Cummins stated that the Board could schedule a special meeting for this purpose. Vice-Chairperson Hurley noted that it would appear that City Council could benefit from comments provided by the EQCB. Mr. Cummins noted that it became urgent to act on this negative declaration as inappropriate rough grading was taking place and the contractor was also "stealing water." Member Jones asked for an explanation of a Notice of Intent to Adopt a Negative Declaration. Mr. Cummins explained that when attempting to adopt a ND, a Notice of Intent is sent out, which includes a Project Summary to help determine whether an Environmental Impact Report (EIR) is necessary. Member Jones asked what the ND states. Mr. Cummins stated that whenever there is a project with some discretionary approval, this triggers the California Environmental Quality Act (CEQA) process. He said that the project must then be found to be categorically exempt or a ND must be prepared to show that the project will have minimal impacts with mitigation. Member Voce interjected that given the sensitivity of this location and the water issues involved, the City should require an EIR on this project. He noted that the designated site for this project is public land and the City does not have to agree with everything that the County wants to do. Members Jones and Unrath commented on the probable oil and gas contamination of the water as a result of having boats docked at this site. Member Voce stated that the County should just "scrap the whole thing" and complete an EIR for a more compatible project. Vice-Chairperson Hurley asked for clarification on the location of the wildlife refuge. Member Voce stated that information has not been provided. He then indicated on a map of the site where the wildlife refuge might be located. Vice-Chairperson Hurley stated that the City's influence could be limited by any previous agreements with the County. Mr. Cummins assured the Board that the re-circulated ND would come before the Board for comments. Member Voce requested clarification on whether the City has any previous agreements with the County related to this property. Vice-Chairperson Hurley asked if the City had any "power" in this situation. Mr. Cummins stated that this \\sCULL Y\CARMEN\EQCB\06-27 -01 EQCB Minutes.doc 3 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .4.5 46 City of Seal Beach Environmental Quality Control Board Meeting Minutes of June 27, 2001 is County-owned land making them the lead agency related to land use issues. Vice- Chairperson Hurley questioned why City zoning is applied to this site when it is not City owned. Mr. Cummins responded that because the site is within the corporate limits of the City, the zoning laws apply. MOTION by Porter; SECOND by Voce to Receive and File: Letter to Lisa Cibellis, Planning and Development Services Department, County of Orange, re: "City of Seal Beach Comments re: "Notice of Intent to Adopt a Negative Declaration IP01-017, Sunset Harbour Marina." Letter dated May 29, 2001. Direct Staff to provide follow-up report on status of this project. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Hurley, Jones, Porter, Unrath, and Voce None None VI Scheduled Matters 6. APPROVAL OF MINUTES - May 30,2001 Recommendation: Approve Minutes subject to any corrections determined appropriate. Vice-Chairperson Hurley stated that he had communicated by phone with Staff and had provided recommendations for corrections to the minutes. He indicated that Staff had reported that the corrections had been made. Mr. Cummins suggested that in order to eliminate this discussion during the EQCB meetings, any non-content changes to the minutes could be provided to Staff in writing and would subsequently be made by the department secretary. MOTION by Voce; SECOND by Jones to approve the Minutes of May 30, 2001. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Hurley, Jones, Porter, Unrath, and Voce None None VII Staff Concerns Mr. Cummins reported that at the City Council meeting of June 25, 2001, Council had directed Staff to create a six-person panel made up of 2 members from each of the voting boards. The panel is to review the responses to a Request for Qualifications received from consulting firms proposing to complete Environmental Impact Reports (EIRs) for the City. The panel will conduct interviews of potential candidates for this \\sCULL Y\CARMEN\EQCB\06-27 -01 EQCB Minutes.doc 4 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 City of Seal Beach Environmental Quality Control Board Meeting Minutes of June 27, 2001 contract on Thursday, August 2, 2001. He stated that the contact with the previous consulting firm has expired. Vice-Chairperson Hurley asked if two firms were to be contracted. Mr. Cummins said that it depended upon how many top contenders are selected for recommenpation to City Council. Chairperson Porter asked for volunteers. Member Voce stated that he had participated during the last review of consultants. Members Hurley and Unrath agreed to participate. VIII Board Concerns Member Jones asked to be excused from the July meeting as he would be out of town. Member Unrath stated that it was about time that the water tower at the Naval Weapons Station (NWS) was removed. He expressed his concerns with the seismic implications of allowing the water tower to remain. He commented on City Council's recommenda- tion that the site be used for a cellular tower. He stated that he had the same concerns about seismic issues with a cell phone tower at this location. Member Unrath also asked about telemetry use within the City. Mr. Cummins stated that he could not recall at this time. Member Unrath asked what type of telemetry system the City was currently using. Mr. Cummins recommended contacting the Public Works Department. Member Voce thanked Mr. Cummins for providing the information requested at the last EQCB meeting. IX Adjournment MOTION by Jones; SECOND by Porter to adjourn MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Hurley, Jones, Porter, Unrath, and Voce None None Chairperson Porter adjourned to the scheduled July 2001 meeting date at 7:15 p.m. Respectfully Submitted, ~A'~_~'~.~~ Carmen Alvarez, Executive S cretary Department of Development Services \\sCULL Y\CARMEN\EQCB\06-27 -01 EQCB Minutes.doc 5 .~ 3 . . City of Seal Beach Environmental Quality Control Board Meeting Minutes of June 27, 2001 The Board on July 25, 2001 approved the Minutes of the Environmental Quality Control Board of Wednesday, June 27,2001. C.A^ . - \\SCULL Y\CARMEN\EQCB\06-27-01 EQCB Minutes.doc 6