HomeMy WebLinkAboutEQCB Min 2001-08-29
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CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes of August 29, 2001
The Environmental Quality Control Board (EQCB) meeting of August 29, 2001 was
called to order by Vice-Chairperson Hurley at 6:35 p.m. The meeting was held in City
Council Chambers.
Pledge of Allegiance
II Roll Call
Present:
Absent:
Also
Present:
Vice-Chairperson Hurley, Members Jones, Unrath, and Voce
Chairperson Porter
Department of Development Services
Mac Cummins, Assistant Planner
Mr. Cummins stated that he had not heard from Chairperson Porter. Member Jones
recalled that at the last meeting Chairperson Porter had stated that he would not be
present at tonight's meeting and he had been concerned about providing a signature on
a comment letter that was approved during that meeting.
III Approval of Agenda
MOTION by Jones; SECOND by Voce to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Jones, Unrath, and Voce
None
Porter
IV Oral Communications
None.
V Consent Calendar
1. RECEIVE AND FILE - Staff Report to City Council, Re: "Preliminary Review of
Common Ground from the Mountains to the Sea."
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of August 29, 2001
MOTION by Voce; SECOND by Hurley to approve the Consent Calendar as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Jones, Unrath, and Voce
None
Porter
VI Scheduled Matters
2. APPROVAL OF MINUTES - July 25,2001
Recommendation: Approve Minutes subject to any corrections determined
appropriate.
Member Jones noted that he would abstain from voting on this item, as he was not
present at the meeting of July 25,2001.
MOTION by Voce; SECOND by Unrath to approve the Meeting Minutes of July 25,2001
as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Hurley, Unrath, and Voce
None
Porter
Jones
3. City Response Letter Re: "Notice of Preparation of EIR re: Extension of
Agreement between the County of Orange, the City of Newport Beach, et aI.,
Regarding Development Operations of John Wayne Airport - County of
Orange. "
Recommendation: Authorize the Chairman to sign the draft response letter,
with any additional comments determined appropriate, and instruct staff to
forward to the City Council for Information.
Mr. Cummins stated that the City had received a Notice of Preparation (NOP) for a Draft
Environmental Impact Report (DEIR) regarding the operation of John Wayne Airport,
which basically states that this DEIR does not deal with any expansion activity, but will
only discuss management of additional flights into the existing facility. He said that Staff
does not believe there is a need for any comment at this point. Member Unrath asked
what type of comments would be relevant to a document of this nature. Mr. Cummins
stated that Staff might comment on general environmental impacts that might be
considered to be significant. He noted that when the City receives a copy of the DEIR
the EQCB would have the opportunity to review it.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of August 29, 2001
MOTION by Voce; SECOND by Jones to authorize the Vice-Chairperson to sign the
draft response letter with any additional comments determined appropriate, and instruct
Staff to forward to City Council for information purposes.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Jones, Unrath, and Voce
None
Porter
4. Direction to Staff, if necessary. Re: "Review of Document and Provisions of
Comments - Initial Study and Draft Negative Declaration 01-1 re: Beach
Replenishment Project, East Beach - City of Seal Beach.
Recommendation: Provide direction to staff, if any.
Vice-Chairperson Hurley asked if this document would be revised prior to going before
City Council to include comments received before September 24, 2001. Mr. Cummins
stated that the document presented tonight would go before City Council along with a
separate document containing the comments and responses to comments as well as a
Staff Report to City Council with any recommendations for changes. Mr. Cummins
explained that Staff drafted and has circulated the Negative Declaration (ND) for public
review and comment. The comment period ends on September 24, 2001. Staff will
then respond to the comments and circulate the response letter. The responses are
then forwarded to City Council for review. Vice-Chairperson Hurley asked if some of the
responses might include recommend changes to the draft of the ND. Mr. Cummins
stated that when drafting the ND Staff attempts to address all relevant environmental
concerns, however, if comments are received addressing issues that Staff may have
overlooked, Staff would .incorporate these issues and forward the document to City
Council for review. Vice-Chairperson Hurley asked if there were a specific deadline for
approval as the schedule for beginning work shows a November deadline and that is
when the storm season begins. Member Unrath commented that the storm season
usually begins at the end of December. Mr. Cummins reported that applications for
permits from the Coastal Commission, Army Corps of Engineers, and the Regional
Water Quality Control Board are pending the approval of the ND. He stated that this
would be almost identical to the replenishment project completed in 1997. He solicited
any comments from the Board regarding recommended changes. Member Jones
asked if the City would be responsible for the cost of this project. Mr. Cummins stated
that he was not certain whether any grant monies would be provided for this project.
Member Jones said that he had no concerns about the document but he expressed his
concern regarding the cost to the City for sand replenishment to this small section of the
beach that fronts the residences along east beach. Member Unrath asked if a public
hearing on this ND would be held. Mr. Cummins responded that the ND would go
before City Council. Member Voce recommended that a breakdown of the total cost
involved be provided. Vice-Chairperson Hurley asked if the route for transporting the
sand would avoid Seal Beach Boulevard. Member Jones interjected that the sand
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of August 29, 2001
would be loaded from the train cars onto off-highway earthmovers for transport to the
beach. Vice-Chairperson Hurley asked about the reference to a "three year window."
Mr. Cummins stated that during a three-year period the City could determine if more
sand is needed for further replenishment. Vice-Chairperson Hurley discussed
recommendations for changes to the Evaluation of Environmental I mpacts stating that
he believed further explanation of individual evaluations was merited. He commented
that in another EIR reviewed by EQCB information had been included on how turbidity
might disturb the ocean wildlife in the area, and he would like to see more of this type of
information included in this ND. He also asked how the City could obtain air quality
credits. Mr. Cummins explained that in order to obtain air quality credits, the City would
have to be involved in a project that would improve air quality.
Member Voce suggested including a mitigation measure that would encourage
residents along the east beach to keep doors and windows closed during the
construction period to prevent exposure to dust particles from blowing sand and exhaust
fumes from construction equipment.
Vice-Chairperson Hurley referred to Item 5B on Page 21 regarding exposure of
sensitive receptors to pollutants and stated that he believed that any suspected
contaminants should be listed along with more specific mitigation measures. He noted
that these contaminants could create serious problems for residents with asthma,
emphysema, or lung cancer. Member Jones interjected that Member Voce's
recommendation to close doors and windows against any dust would certainly
contribute to helping mitigate this problem.
Mr. Cummins explained the difference between "No Impact" and "Less than Significant
Impact." Vice-Chairperson Hurley stated that the explanation should agree with the
impact levels selected. He also noted that a more adequate discussion on the exact
decibel level and mitigation measures for noise from construction equipment should be
included in the report. He commented that even if some of the environmental impacts
could not be mitigated the report should state this, even though the City could legally
proceed with a project. despite the lack of mitigation efforts. Mr. Cummins explained
that although some of the impacts could be significant, the ND attempts to show the
measures that will be taken to reduce those impacts to less than significant levels. He
noted that when any type of construction is being done, it is virtually impossible to
reduce noise levels to nothing. Vice-Chairperson Hurley reiterated that a standard
decibel level for acceptable levels of noise should be adopted to make it easier to
determine whether projected noise levels exceed this standard. Member Voce
interjected that his recommendation for keeping windows and doors closed during
construction might also help to mitigate some of the noise issues.
Member Jones indicated that he had observed from the beach during the last
replenishment project and didn't find the noise levels to be extremely high or
unbearable.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of August 29, 2001
5. City Response Letter Re: "Site 5 Action Memorandum/Removal Action Work
Plan Non-Time Critical Removal Action for Installation Restoration Program
Site 5 Clean Fill Disposal Area."
Recommendation: Authorize the Chairman to sign the draft response letter,
with any additional comments determined appropriate, and instruct staff to
forward to the City Council for Information.
Mr. Cummins stated that after having received the latest report on Site 5 in a new and
revised format, Staff had completed a cursory review of the document and had prepared
the above-noted response letter. Vice-Chairperson Hurley questioned the paragraph in
the letter that refers to a "wastewater settling pond." He said he had found no reference
to this in the Site 5 Action Memorandum. Mr. Cummins explained that in the December
2000 study completed on Site 5, Staff had commented on a wastewater settling pond on
this site. Vice-Chairperson Hurley countered that this Action Memorandum had nothing
to do with that. Member Voce noted that he believed the wastewater settling pond was
located on Site 1. He stated that although Site 5 does have some contamination and
borders a wetlands area, the Navy has not used this site as a wastewater depository.
He said that this text might refer to similar comments made on Site 1 about the
wastwater settling pond and related archaeological studies, which also apply to Site 5.
Member Voce recommended replacing the phrase "wastewater settling pond" with
"clean fill disposal area." Mr. Cummins stated that Staff had merely quoted from the
comments made by the EQCB on December 6, 2000, but the Board could request that
these comments be omitted. He explained that when he reviewed the document with
the EQCB, the Board had questioned whether some archaeological issues on Site 5
would fall under the provisions of the National Historic Preservation Act (NHPA) and
had requested that the Navy comment on this. He said that when reviewing the Action
Memorandum he had found no mention of whether or not these historic resources fall
under this section of the NHPA and, therefore, had included in the letter a request for
comments from the Navy.
MOTION by Voce; SECOND by Jones to authorize the Vice-Chairperson to sign the
draft response letter with any additional comments determined appropriate, and instruct
Staff to forward to City Council for information purposes.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Jones, Unrath, and Voce
None
Porter
VII Staff Concerns
None.
VIII Board Concerns
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of August 29, 2001
Member Unrath requested a report on the results of the interviews for Environmental
Service Consultants. Mr. Cummins reported that three firms were selected:
Culbertson-Adams Associates, RBF, and PCR. He said that each of the firms would
offer their unique areas of expertise to the City.
Member Jones noted that he had provided previous notice of his absence from the July
25,2001 meeting, and this should be an excused absence.
Member Voce recommended that Item 1 on the Consent Calendar include a biological
and organic and non-organic chemical analysis of the ocean water as well as water
samples from various points along the San Gabriel River.
Member Unrath reported that he had received a letter from the Restoration Advisory
Board (RAB) requesting volunteers to sit on the RAB. He stated that due to schedule
conflicts he is unable to attend the RAB meetings.
Vice-Chairperson Hurley stated the Board comments on Consent Calendar Item No. 1
sounded like the City is complaining about the border of the San Gabriel River within
City limits is trashy and not well taken care of. He said that this sounded "whiney" and
he asked if it were not the responsibility of the City to keep this portion of the river clean.
IX Adjournment
Vice-Chairperson Hurley adjourned to the meeting at 8:00 p.m. to the scheduled
September 2001 meeting date.
Respectfully Submitted,
~~~~
Carmen Alvarez, Executive Secretary
Department of Development Services
The Board on October 18, 2001 approved th~Minutes of the Environmental Quality
Control Board of Wednesday, August 29, 2001. ~.
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