HomeMy WebLinkAboutEQCB Min 2001-10-18
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CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes of October 18, 2001
The Environmental Quality Control Board (EQCB) meeting of October 18, 2001 was
called to order by Chairperson Porter at 6:35 p.m. The meeting was held in City Council
Chambers.
Pledge of Allegiance
II Roll Call
Present:
Absent:
Chairperson Porter, Members Hurley, Unrath, and Voce
Member Jones
Mac Cummins, Assistant Planner
Also
Present:
Department of Development Services
Lee Whittenberg, Director
Mr. Whittenberg stated that he had not heard from Member Jones.
III Approval of Agenda
Vice-Chairperson Hurley requested that the order of the Agenda be rearranged to make
Item No.8 the first item under "Scheduled Matters."
MOTION by Hurley; SECOND by Unrath to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Porter, Unrath, and Voce
None
Jones
IV Oral Communications
Chairperson Porter opened Oral Communications.
There being no one wishing to speak, Chairperson Porter closed Oral Communications.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of October 18, 2001
V Consent Calendar
1. RECEIVE AND FILE - Staff Report, Re: "City of Huntington Beach Planning
Department Environmental Assessment No. 01-01, Southeast Coastal
Redevelopment Project." Document Dated September 27,2001.
2. RECEIVE AND FILE - Staff Report, Re: "Community Relations Plan Naval
Weapons Station Seal Beach, Installation Restoration Program." Report
dated September 4, 2001.
3. RECEIVE AND FILE - Staff Report, Re: "Draft Addendum No.2, Work Plan
for Long Term Groundwater Monitoring at Installation Restoration Site 70,
Naval Weapons Station, Seal Beach." Report dated August 2001.
4. RECEIVE AND FILE - Staff Report, Re: "Modified Closure Plan & Site
Safety and Health Plan, Closure of Part B, permitted facilities Naval
Weapons Station Seal Beach." Report dated August 10, 2001.
MOTION by Hurley; SECOND by Voce to approve the Consent Calendar as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Porter, Unrath, and Voce
None
Jones
VI Scheduled Matters
8. REVIEW AND APPROVAL OF COMMENT LETTER RE: Draft
Environmental Impact Report/Environmental Impact Statement re: "State
Route 22/West Orange County Connection" - California Department of
Transportation, Orange County Transportation Authority, and Federal
Highway Administration
Recommendation: Staff recommends the EQCB review the Draft EIRlEIS,
approve the draft comment letter with any revisions determined appropriate,
and authorize the Chairperson to sign after final approval by the City Council.
Authorize members of the Board to provide any additional separate
comments directly to Caltrans with a copy to the Director of Development
Services. Receive and File the Staff Report.
Mr. Whittenberg provided a brief overview of this document and stated that tonight the
EQCB would have the opportunity to provide any additional comments on the adequacy
of the Draft Environmental Impact Report/Environmental Impact Statement (EIRlEIS) for
the State Route 22 Freeway (SR22) Project. He reported that City Council had received
notice of the availability of the Draft EIRlEIS on August 31, 2001, and subsequently
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of October 18, 2001
authorized Staff to request assistance from an outside consulting service to assist in
reviewing the document and in preparing a comment letter. He noted that the firm of
Environmental Impact Sciences (EnvIS) has been retained to complete the large
majority of the work, and in addition Staff, the office of the City Attorney, and the City's
contracted Traffic Engineering firm have spent a number of hours working on the
comment letter. He indicated that the letter comprises over 200 hours of time from
Staff, EnvlS, and the City Attorney's office. He stated that the comment letter is
scheduled for review by City Council on Monday, October 22, 2001 and the comment
period ends on Tuesday, October 30, 2001, leaving little time for extensive review. He
encouraged the EQCB to attempt to conclude its review of this document tonight. He
indicated that he feels the comment letter addresses every issue that required
comment. He said that the general conclusion is that the SR 22 Draft EIRlEIS
document is totally inadequate and does not provide the necessary technical analysis
and background required by CEQA or NEPA, and does not adequately describe the full
scope of the project. He stated that the comment letter identifies three other
alternative,s to the proposed project that should be evaluated to prevent any impact on
the homes within College Park East. Mr. Whittenberg noted that there were also other
potential concerns with the timing of this project with the requirements of the City for the
bridge replacement project at Seal Beach Blvd. over the 405 Fwy. and with the impacts
the SR22 Fwy Project might have on the City reservoir pump facilities, pump stations,
natural gas fueling facility that exists at the 405 Fwy. and Seal Beach Blvd. The
Director of Development Services apologized for the length of the letter, but noted that it
was important to address all relevant issues in order to preserve the City's rights in the
future, should they decide to challenge the adequacy of the EIR. He stated that the
entire document was reviewed by the City Attorney's office and by Staff and determined
to be very thorough.
Member Voce inquired whether the Planning Commission would be reviewing this
document. Mr. Whittenberg reported that the Planning Commission has no authority
with regard to the review of environmental documents. He explained that the EQCB is
the body charged by City Council with the responsibility for reviewing environmental
documents for projects that do not go before the Planning Commission. Member Voce
requested that for the benefit of the public, a translation of HOV lanes be provided. Mr.
Whittenberg explained that this is the acronym for High Occupancy Vehicle (HOV)
lanes. Mr. Whittenberg reported that a copy of the City Council Staff Report had also
been delivered to the residents at each home identified in the document as a potential
acquisition.
Chairperson Porter requested that the record reflect that the document under discussion
is a Staff Report dated October 18, 2001, composed of approximately 150 pages.
Vice-Chairperson Hurley noted that the EQCB was present tonight to assist in making
improvements or changes to the comment letter that the City is forwarding in response
to the Draft EIRlEIS. He requested that those members of the public speaking tonight
would confine their comments to any recommendations for additions or changes to the
comment letter.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of October 18, 2001
Public Comment
Chairperson Porter opened the Public Comment session.
Mr. Marty Mahrer, a resident of College Park East (CPE), complimented the Director of
Development Services and all those contributing for having produced such an excellent
document. He stated that prior to having the freeway sound wall along Almond Avenue,
several homes along that area had been burglarized. He said that should this wall be
removed during construction of this project, this would take away a certain level of
security leaving the homes in this area more susceptible to crime. Member Unrath
asked if Mr. Mahrer had any recommendations to prevent this from occurring. Mr.
Mahrer said the only thing he could think of was temporarily erecting 10-foot high chain
link-type fences while the new sound wall is erected.
Member Unrath noted that it might be appropriate to include a comment in Section 4.6.2
of the document entitled Neighborhood Impacts regarding the temporary removal of the
sound wall. He also commented not only would the homes be open to crime, but they
would also be subjected to noise and dust from the construction and from freeway
traffic. Member Unrath inquired as to the height of the proposed sound wall. Mr.
Whittenberg reported that the height measured from the freeway side was between 14-
16 feet. He stated that all of the measurements for anything in the project are taken
from the freeway side.
Mr. Mahrer indicated that based on the information he had compiled, the new sound
barrier is supposed to be at least 5 Decibels (DBs) quieter than the current sound wall.
He said that the results of the two sound measurements taken are listed in the section
of the document regarding Noise. Mr. Mahrer stated that representatives of the project
told him that the sound barrier must be 5 DBs or better, and the highest wall proposed is
to be 16 feet tall. Mr. Mahrer stated that he had told them that in order to be 5 DSs the
wall must be 18-20 feet high. He said that the document does not support the verbal
information provided. Member Voce noted that many of today's vehicles are noisier
than automobiles have been in the recent past.
Vice-Chairperson Hurley asked if conceivably the City has an established CNEL of 65,
could this be imposed by permit during the construction and after the sound barrier goes
up. Mr. Whittenberg stated that a comment has been included regarding the EIRlEIS
not indicating CNEL lines parallel to the freeway so as to know where the cutoff points
are in order to address any noise mitigation issues. He pointed out that the EIRlEIS
states that these sound barrier walls will only be constructed if it is determined to be
"economically feasible," with very little discussion as to how CalTrans determines what
is "economically feasible." He referred to Page 13 of Enclosure B, Comment No. 40,
which addresses noise mitigation measures. He suggested incorporating additional
language that states that the City has the ability to review the draft for any proposed
mitigation measures, including security provisions during project construction.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of October 18, 2001
Mr. Walt Portman, a resident of CPE, stated that one of the proposed freeway ramps is
to be higher than the sound wall. He recommended that an additional noise wall be
constructed along the ramp structure itself.
There being no other persons wishing to speak, Chairperson Porter closed the Public
Comment session.
Board Comments
Member Voce stated that at one time the 405 Freeway had ranked as the most heavily
traveled freeway in the world. He asked the Director of Development Services if he
knew what the volume of traffic for this section of the 1-405 would be. Mr. Whittenberg
stated that the last reporting of this data for traffic along the 1-405 between the 22
Freeway and the 605 Freeway was 330,000 - 340,000 vehicles per day. He reported
that the last report ranked the 1-405 as 5th in the State of California for most heavily
traveled freeways. He stated that the City's main concern is for the homes in CPE and
also that sound walls are constructed to reduce noise levels. He noted that a 12 DB
noise increase is unacceptable under any circumstances, and he would doubt that any
other local city in the area would allow this level increase without major mitigation. He
said that the security issue could also be addressed if the project is approved. He
indicated that in the comment letter Staff has attempted to be sensitive to the issue of
noise from construction equipment and freeway traffic during the completion phase of
this project. He stated that the City's position is that the document should be much
more technical and should be recirculated. Mr. Whittenberg discussed concerns
expressed by residents of CPE regarding the proximity and height of the proposed
ramps. He noted that the ramp from the 605 Freeway as it transitions to the
southbound 405 will be approximately 70 feet high and it would be highly visible to
College Park West and Rossmoor residents. He added that there could also be a
problem for residents of Leisure World by the glare of headlights from vehicles using
this ramp.
Member Unrath stated that he had read in the paper that the lead agency for the project
had changed from CalTrans to the Orange County Transit Authority (OCTA). He asked
what this would mean for the City. Mr. Whittenberg stated that the City Attorney has
been consulted to determine whether this change would have an impact upon the City
addressing issues in its comment letter. He said that this might mean that the EIRlEIS
document might have to be redone and sent out under OCT A. He commented that it
appeared from the EIRlEIS that OCTA had determined which projects were more
feasible and CalTrans simply incorporated this information in the document without
considering other alternatives, other than those that OCT A felt comfortable with. He
stated that the comment letter addresses this as not being a proper process. Member
Unrath noted that the comment letter proposes that the City of Seal Beach become a
co-lead agency for this project. Mr. Whittenberg explained that the proposal was that
the City of Seal Beach become a "cooperating agency." He said that cooperating
agencies are responsible for issuing permits in order for a project to be able to proceed,
for example, if OCTA wanted to acquire part of Almond Avenue, encroachment permits
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of October 18, 2001
would have to be issued by the City, and the City could condition those permits.
Member Unrath asked who had placed the survey markers along Almond Avenue. Mr.
Whittenberg responded that it might be CalTrans, but he was not certain. He reported
that City representatives had met with CalTrans staff after their first public hearing
meeting on September 26, 2001. He said they had discussed alternatives to prevent
the full taking of the homes in CPE. He stated that what is in the EIR is based on
CalTrans best assumptions made from base maps with a 1 inch to 1000-ft. scale, so
CalTrans had indicated that they would do more detailed survey work in that area to
determine exactly how much area they would need to acquire.
Member Voce asked whether any Rossmoor homes or any portion of those properties
would be acquired by OCT A. Mr. Whittenberg stated it appears that some homes would
lose a portion of their rear yard, but none of the properties identified in Rossmoor would
require the full taking of the property.
Vice-Chairperson Hurley expressed his admiration for the composition of the comment
letter document. He discussed changes to the 2nd paragraph on Page 2 and to the last
line of Paragraph 3 on Page 3 of the cover letter. He then presented his content
questions on the response to comments documents and also agreed to provide the
Director of Development Services with a list of a few grammatical corrections. Vice-
Chairperson Hurley stated that he had recently read that it is questionable whether HOV
lanes do in fact reduce traffic congestion. Mr. Whittenberg stated that this was not an
environmental issue, but he was certain that this is a question that a number of people
will be asking. Member Unrath pointed out that the federal government will more readily
fund the construction of HOV lanes as opposed to single occupancy lanes, and based
on what he had read, if HOV lanes are constructed now, they can later be converted to
additional single occupancy lanes. Mr. Whittenberg noted that this would also allow for
a light rail system to be incorporated in the future.
Member Unrah complimented the work done on the comment report as one of the best
that he has ever seen.
MOTION by Unrath; SECOND by Hurley to authorize the Chairperson to sign after final
approval by the City Council. Authorize members of the Board to provide any additional
separate comments directly to Caltrans with a copy to the Director of Development
Services. Receive and File the Staff Report.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Porter, Unrath, and Voce
None
Jones
At 7:30 p.m. Mr. Whittenberg requested a 10-minute recess.
The meeting of the Environmental Quality Control Board (EQCB) reconvened at 7:40
p.m.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of October 18, 2001
5. APPROVAL OF MINUTES - August 29,2001
Recommendation: Approve Minutes subject to any corrections determined
appropriate.
Vice-Chairperson Hurley stated that he had not made the comment as written on Page
1, Line 22. Mr. Whittenberg said that this would be verified.
Chairperson Porter noted that he would abstain from voting on this item, as he was not
present at the meeting of August 29,2001.
MOTION by Hurley; SECOND by Voce to approve the Meeting Minutes of August 29,
2001 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Hurley, Unrath, and Voce
None
Jones
Porter
7. RECEIVE AND FILE - Staff Report, Re: "Final Project Work Plan, Non-
Time Critical Removal Action, Installation Restoration Site 5, Naval
Weapons Station, Seal Beach." Report dated September 21, 2001.
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 for information.
Mr. Whittenberg reported that essentially what the Staff Report states is that although
Staff has not had sufficient time to review the report, the Board did forward comments to
the Naval Weapons Station (NWS) but has received no response. The report also
notes that a request for a response will be forwarded to the NWS. He explained that in
light of the recent attack on the World Trade Center, it would be understandable that
work schedules at the NWS have changed significantly and this might account for the
delay in receiving a response.
Member Unrath commented that it would be nice to continue to have the Restoration
Advisory Board (RAB) meetings in City Council Chambers rather than on the base.
Member Voce stated that he continues to attempt to convince the base command that it
would be easier to have the meetings off-site as this would eliminate the need to go
through security when going to the NWS; however, the NWS prefers to have the RAB
meetings at the base.
Vice-Chairperson Hurley noted typographical corrections to the response letter, which
were duly noted by Mr. Whittenberg. Vice-Chairperson Hurley asked if Staff had been
given sufficient time to review the plan itself. Mr. Whittenberg stated that the plan
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of October 18, 2001
arrived on September 26, 2001 and he had not had sufficient time for review. Vice-
Chairperson Hurley noted that in the Department of the Navy letter they refer to
groundwater monitoring. Mr. Whittenberg clarified that the letter recommends
groundwater monitoring, but there is no confirmation that this has taken place since
August 2000 when the City's comment letter was sent.
Member Voce read from Page II of the report and noted that based on the information
given, it appears that there are too many contaminants in the soil for the NWS to report
that there is very little contamination. He stated that it is his hope that excavation will be
indicated as a part of the removal action.
MOTION by Voce; SECOND by Hurley to authorize the Chairperson to sign the draft
response letter with any additional comments determined appropriate, and instruct Staff
to forward to the City Council for information.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Porter, Unrath, and Voce
None
Jones
VII Staff Concerns
The Director of Development Services thanked the members of the Board for taking the
time to review the Draft EIRlEIS for the State Route 22/West Orange County
Connection.
VIII Board Concerns
Vice-Chairperson Hurley requested an update on the East Beach Replenishment. Mr.
Whittenberg reported that the project has be placed on an indefinite hold due to security
measures now required on the Naval Weapons Station (NWS) which would make it
difficult for a contractor to haul the sand by rail through the NWS. He indicated that the
Negative Declaration for the project must now be revised and recirculated to propose an
alternate method for bringing the sand in by truck, which has been done in the past.
Vice-Chairperson Hurley stated that he did not recall having received the briefing book
on the 22 Freeway project referred to in the Staff Report. Mr. Whittenberg said that he
would forward a copy to him. Vice-Chairperson Hurley then asked what further
involvement the Board would be likely to have with the State Route 22/West Orange
County Connection project. Mr. Whittenberg stated that if there were a recirculated or
new environmental document the Board would go through the same process of
reviewing the document and providing comments.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of October 18, 2001
Member Unrath asked should Caltrans decide to recirculate the document, how long
would it be before the Board were to review it. Mr. Whittenberg reported that this would
be unknown at this time. He noted that the City had not been aware that the current
EIRlEIS was to be released until it was delivered to City Hall.
Member Unrath asked if there would be a regularly scheduled meeting next week. Mr.
Whittenberg reported that the next scheduled meeting is for November 28, 2001.
Chairperson Porter reported that he would be out of town the following week and would
be returning on October 29th. He said he was not certain that this would allow enough
time for him to come in to sign the final comment letter. Mr. Whittenberg stated that the
deadline for comments is October 30, 2001 at 5:00 p.m. He said that he could prepare
the signature page for Chairperson Porter's signature to have ready to add to the final
revised copy of the comment letter in case City Council has any changes. The Board
was in agreement with this being done.
IX Adjournment
Chairperson Porter adjourned the meeting at 8:00 p.m.
Respectfully Submitted,
~~t\ ^,.. CJ&.~ t __
- T
Carmen Alvarez, Executive Secretary
Department of Development Services
The Board on November 28, 2001 approved t~ -,,~~utes of the Environmental Quality
Control Board of Thursday, October 18, 2001. .
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