HomeMy WebLinkAboutEQCB Min 2001-11-28
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1CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes of November 28, 2001
The Environmental Quality Control Board (EQCB) meeting of November 28, 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:
Chairperson Porter, Members Hurley, Unrath, and Voce
Member Jones
Also
Present:
Department of Development Services
Mac Cummins, Assistant Planner
Mr. Cummins reported that Staff had received correspondence from Member Jones
stating that he would not be present at tonight's meeting.
III Approval of Agenda
Member Voce requested that Item No. 4 be removed from the Agenda for further
discussion.
MOTION by Hurley; SECOND by Voce 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.
1 These Minutes were transcribed from an audiotape of the meeting.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of November 28, 2001
V Consent Calendar
1. RECEIVE AND FILE - Memo, RE: "Seal Beach Weapons Support Facility -
Installation Restoration Program - Status Report Re: RAB Project Update.
Memo dated November 15, 2001.
2. RECEIVE AND FILE - Letter to California Coastal Commission. Re:
Application No. 5-01-207, Development Agreement, Hellman Properties LLC,
Hellman Ranch, Seal Beach. Letter dated November 6, 2001.
3. RECEIVE AND FILE - Letter to Department of Navy. Re: City of Seal Beach
Comments Re: "Final Project Work Plan, Non-time Critical Removal Action,
Installation Restoration Site 5, Naval Weapons Station Seal Beach. Letter
dated October 18, 2001.
5. RECEIVE AND FILE - Memo, RE: "Seal Beach Weapons Support Facility -
Installation Restoration Program - Status Report Re: RAB Project Update.
Memo dated October 30, 2001.
6. RECEIVE AND FILE - Staff Report, Re: "Quarterly Groundwater Monitoring
Data Summary Sites 40 & 70 (June 2001), Naval Weapons Station." Report
dated November 7,2001.
7. RECEIVE AND FILE - Staff Report, Re: "Annual Groundwater Monitoring
Data Summary Sites 40 & 70, Naval Weapons Station." Report dated
November 7, 2001.
MOTION by Voce; SECOND by Hurley to approve the Consent Calendar as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Porter, Unrath, and Voce
None
Jones
4. RECEIVE AND FILE - Letter to Califomia Coastal Commission. Re: City of
Seal Beach Requests Approval with Modifications to Special Conditions, re:
Hellman Ranch Project. Letter dated November 6, 2001.
Member Voce asked if this item had been presented to the City Councilor the
Environmental Quality Control Board (EQCB) before being sent out. Mr. Cummins
- reported that the letter was not brought before EQCB or City Council because the
window of time was not sufficient from the receipt of the California Coastal Commission
(CCC) Staff Report to the due date for a response from the City. Member Voce
expressed his concerns regarding "unqualified people" making inaccurate statements in
this letter. He referred to the last sentence on Page 6, Paragraph 3, stating that this
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of November 28, 2001
was a false statement, as the City does not know what adverse impacts have occurred
in Gum Grove Park during the last 40 years. He then noted that the second paragraph
on Page 7 was also inaccurate. Member Voce stated that it appeared that the
comments in this letter are attempting to minimize the requirements for native plants.
He requested clarification regarding the motivation for this letter. He said that he was
not happy with the manner in which this letter had been handled, and he feels that it
was composed by people not qualified in environmental studies. He emphasized that it
was important that there be Civic Board or Council perusal and approval before a letter
of this nature is transmitted. Member Voce emphasized that he was very upset about
this and stated that a letter like this only serves to undermine all of the work that he and
the EQCB have done throughout the years. He stated that an Environmental Planner
and not an Urban Planner should have composed this letter.
Chairperson Porter requested that Mr. Cummins provide the information requested by
Member Voce. Mr. Cummins reported that the CCC Staff Report had been received
shortly before the scheduled hearing, leaving little time to present this letter to any City
board for review. He stated that the letter had to be received by CCC in time for
inclusion with their Agenda packet to be distributed to the Commissioners that week.
He noted that regarding the condition requiring the use of Native California landscaping
only, Staff believes that the CCC had over-stepped its bounds by precluding many of
the types of plants normally used in Southern California landscapes, particularly the
various types of grasses. Mr. Cummins noted that another condition by CCC was
attempting to dictate the colors to be used on the home exteriors, which does not fall
within their jurisdiction. He again emphasized that the letter was not presented to
EQCB or City Council due to the short notice provided by the CCC.
Member Voce again expressed his concerns with the statement regarding any adverse
effects during the past 40 years, noting the fact that there was no science to back up
this comment. He again requested information on who had motivated the letter. He
noted that Staff could have requested an emergency session of the EQCB to allow for
review of this document, or Staff could have asked Chairperson Porter, Councilman
Yost, or Member Voce to read the letter prior to it being sent out. He pointed out that
there are native grasses that can be used for lawns.
MOTION by Hurley; SECOND by Unrath to RECEIVE AND FILE - Letter to California
Coastal Commission. Re: City of Seal Beach Requests Approval with Modifications to
Special Conditions, re: Hellman Ranch Project. Letter dated November 6, 2001.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Porter, Unrath, and Voce
None
Jones
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of November 28, 2001
VI Scheduled Matters
8. APPROVAL OF MINUTES - October 18, 2001
Recommendation: Approve Minutes subject to any corrections determined
appropriate.
Mr. Cummins reported that Vice-Chairperson Hurley had submitted corrections to the
minutes, which are to be forwarded to the Department Secretary for completion.
Chairperson Porter also noted a typographical error on Page 4, Line 25. For the benefit
of the other members, Vice-Chairperson Hurley requested that Mr. Cummins review the
corrections submitted. Vice-Chairperson Hurley then questioned whether the statement
regarding College Park East on Page 5, Line 28 was accurate. Chairperson Porter
expressed his hesitance to change the discussion of Mr. Whittenberg's comments
without confirming the actual content of these statements. Mr. Cummins responded that
he would ask the Department Secretary to review the audiotape and revise the minutes
accordingly to reflect the correct content of Mr. Whittenberg's statements. Chairperson
Porter requested that Mr. Cummins report back on what the review of the audiotape had
revealed.
MOTION by Hurley; SECOND by Voce to Approve Minutes of October 18, 2001 as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Porter, Unrath, and Voce
None
Jones
9. City Response Letter Re: "Site Management Plan Update for Naval Weapons
Station, Seal Beach." Report dated November 15, 2001."
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.
MOTION by Hurley; SECOND by Voce to 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.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Porter, Unrath, and Voce
None
Jones
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of November 28, 2001
10. City Response Letter Re: "Engineering Evaluation / Cost Analysis (EE/CA),
Non-Time Critical Removal Action for Site 7 Station Landfill, Naval Weapons
Station, Seal Beach." Report dated October 29,2001."
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 reported that in a memorandum to the EQCB, Staff had indicated that a
supplemental Staff Report on this item would be provided, however, he noted that he
has not had a lot of experience in dealing with Site 7, and due to the extensive history of
this site, he has not had sufficient time to review all of the documentation. He indicated
that this item would appear on the Agenda for the December 2001 EQCB meeting,
allowing more time to prepare a comment letter.
VII Staff Concerns
Mr. Cummins noted that the next meeting is scheduled for December 26, 2001, (the day
after Christmas) and he would like to propose that the meeting be rescheduled for
Wednesday, December 19, 2001.
MOTION by Hurley; SECOND by Voce to reschedule the December 26,2001 meeting
for Wednesday, December 19,2001.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Hurley, Porter, Unrath, and Voce
None
Jones
VIII Board Concerns
Vice-Chairperson Hurley referred to Item NO.4 and asked if the CCC had granted all
items requested in the City's letter for Approval with Modifications to Special Conditions.
Mr. Cummins reported that although not all of the requests were granted, the majority of
the City's concerns were addressed either by modifYing or eliminating conditions. Vice-
Chairperson Hurley asked that Mr. Cummins report on which conditions were approved
or modified. Mr. Cummins stated that he would provide a copy of the CCC Permit,
which reflects all of the conditions as approved with the permit.
Vice-Chairperson Hurley reported that The Boeing Company had announced that it
would be conducting a meeting at Leisure World to discuss plans for development of the
Boeing property. He asked whether the City had been informed of the type of
development plans Boeing had in mind.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of November 28, 2001
Chairperson Porter interjected that he was amazed by the amount of work generated by
Staff, and asked if it would be possible for Staff to call the interested Board Member
whenever an issue arises related to their respective district. He continued by stating
that all of the time and work that Member Voce puts into his responsibilities as an EQCB
member benefits all residents of the City. He said that this should make it possible for
Member Voce to be extended the opportunity to review documents on environmental
issues within his district and within the City.
Member Voce requested to be excused, as he had to leave the meeting for another
appointment.
Vice-Chairperson Hurley also endorsed Chairperson Porter's remarks, and stated that if
at any time he could be of help, Staff should not hesitate to contact him.
Chairperson Porter stated that after the last rainy day he had observed a large amount
of litter and runoff from the San Gabriel River. He noted that the litter was removed
within a couple of hours. He continued by stating that he had later traveled into Long
Beach along the Los Angeles River and was amazed at how much litter had been
collected by the traps that have been placed along the river for this purpose. He
suggested that the City should solicit funds to purchase one of these litter traps to be
used by Seal Beach.
Member Unrath returned to the subject of the Boeing property and confirmed that the
Draft Environmental Impact Statement (DEIS) that he had received is no longer viable.
He stated that based on what he had read in the newspaper, Boeing is now proposing a
different development for residential and retail. He said that he has not received an EIS
on the new project, and wanted to know what the status is. Mr. Cummins reported that
City Council has expressed the desire to hold Town Hall meetings regarding the future
of the Boeing site. He said that Staff has not yet received a proposal from Boeing, but
once this occurs, Staff will then begin environmental evaluation. Member Unrath asked
whether Boeing would allow for input from the City on the project. Mr. Cummins stated
that City Council would like to provide an opportunity for input from the public. Vice-
Chairperson Hurley asked if a Notice of Preparation (NOP) would be circulated. Mr.
Cummins said that an Environmental Impact Report (EIR) would be completed only if
Staff determined that the project would create significant environmental impacts, at
which point the NOP would be drafted and circulated notifying of the proposed
preparation of an EIR. He continued by stating that if Staff determines that an EIR is
not warranted, a Negative Declaration (ND) would simply be drafted and circulated.
Member Unrath asked whether the plans for this retail/residential project would merit an
EIR. Mr. Cummins stated that in all likelihood the project would generate such a
document.
Member Unrath then inquired as to whether CalTrans had provided feedback on the
response to comments letter for the 22 Freeway project. Mr. Cummins stated that no
response had been received, noting that CalTrans is not legally required to respond to
the City, but would respond in a document to be published and circulated as the final
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of November 28, 2001
EIR. He then explained the other options available to CalTrans for moving this project
forward. Member Unrath complimented the City in the handling of the comment letter
created for the EIR on this project.
Mr. Cummins commented that under the direction of the City Manager Staff will prepare
letters to outside agencies based upon a specific framework, in terms of timelines. He
stated that this sometimes makes it difficult to allow for review by EQCB or City Council.
He noted that in order for Staff to notify the EQCB prior to sending out any letter related
to environmental concerns, City Council would have to direct that this become policy.
Chairperson Porter stated that having an EQCB member review these letters whenever
possible might help down the line in preventing any question coming up regarding the
accuracy and/or validity of the content of these documents. Mr. Cummins noted that it
might be inappropriate to invite an EQCB member to comment on a letter and not invite
a Councilmember to do the same. He stated that although it is helpful to receive input,
in all likelihood this situation will reoccur, and he did not want the EQCB members to
feel slighted in any way when this happens.
Vice-Chairperson Hurley asked if it would be inappropriate for the Director of
Development Services to ask Councilmember Yost to contact Member Voce. Mr.
Cummins stated that it would be more appropriate to have the City Manager to request
this.
IX Adjournment
Chairperson Porter adjourned the meeting at 7:15 p.m.
Respectfully Submitted,
~~
Carmen Alvarez, Executive Secretary
Department of Development Services
The Board on December 19, 2001 approved the Minutes of the Environmental Quality
Control Board of Wednesday, November 28, 2001. ~
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