HomeMy WebLinkAboutEQCB Min 2002-01-30
\.
~
.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
.
1CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes of January 30, 2002
The Environmental Quality Control Board (EQCB) meeting of January 30, 2002 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 Jones, Unrath, and Voce
Vice-Chairperson Hurley
Department of Development Services
Mac Cummins, Assistant Planner
Lee Whittenberg, Director of Development Services
Chairperson Porter noted for the record that Vice-Chairperson Hurley has been excused
from tonight's meeting.
III Approval of Agenda
MOTION by Voce; SECOND by Jones to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Jones, Porter, Unrath, and Voce
None
Hurley
IV Oral Communications
Chairperson Porter opened for 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
\\DATAFILE\USERS\CAlvarez\Carmen_data\EQCB\01-30-02 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
.
City of Seal Beach Environmental Quality Control Board
Meeting Minutes of January 30, 2002
V Consent Calendar
1. RECEIVE AND FILE - Receipt of Final Addendum NO.2 (Aquifier Test for IR
Site 70), Long Term Groundwater Monitoring Plan at IR Site 70, Naval
Weapons Station, Seal Beach. December 2001.
2. RECEIVE AND FILE - Memo to EQCB, Re: Seal Beach Weapons Support
FaCility - Installation Restoration Program - Status Report Re: RAB Update
3. RECEIVE AND FILE - Crystal Cove Historic District Newsletter #4.
4. RECEIVE AND FILE - Memo to EQCB, Re: Navy Comments to EQCB Letter
dated August 29,2001.
MOTION by Voce; SECOND by Unrath to approve the Consent Calendar as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Jones, Porter, Unrath, and Voce
None
Hurley
VI Scheduled Matters
5. 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. Item continued from December
meeting.
Recommendation: Receive and file report.
Mr. Cummins reported that this item had been continued from the December 2001
meeting. He stated that Councilperson Yost had requested that the Director of
Development Services, Mr. Lee Whittenberg be present at tonight's meeting to respond
to questions regarding this item.
Mr. Voce stated that he had requested that this item be continued because he felt that it
required further discussion, and also to entertain comments from individuals that he
believed are more qualified to make comments on the matters included in the letter. For
the record, Member Voce also distributed to those present a copy of his memorandum
regarding the City of Seal Beach comment letter to the California Coastal Commission
dated November 6, 2001. (A copy of this memorandum is on file for inspection in the
Department of Development Services.)
\\DA T AFILE\USERS\CAlvarez\Carmen_data\EQCB\01-30-02 EQCB Minutes doc
2
.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 Mmutes of January 30, 2002
Public Comment
Chairperson Porter opened for Public Comment.
Mr. David Rosenman stated that in talking with several former council people, the
concern is that this letter may potentially set policy for other future development issues.
He said that there was some question regarding how environmentally responsible some
of the policies were.
Mr. Guy Stivers stated that he had been invited by Member Voce to speak on this issue.
He noted that he has prevIous experience working in Seal Beach with the wildlife refuge
at the Naval Weapons Station (NWS) and with the Bolsa Chica wetlands. He indicated
that he is a contractor and licensed Landscape Architect, an Arborist, and a Certified
Irrigation Auditor. Mr. Stivers stated that he has been in the "green industry" for
approximately 25 years, with a third of his work being completed in the housing industry.
He said that currently he primarily works with homeowner associations and has worked
in habitat restoration and aboriculture. He reported that Member Voce had requested
that he review the letter written by Staff to the Coastal Commission and make
comments primarily on landscape issues. Mr. Stivers' then reviewed his typed report.
(A copy of this report is on file for inspection in the Department of Development
Services.)
Member Voce asked if it were possible to have a front yard landscaped with native
vegetation as opposed to having a front lawn. Mr. Stivers stated that he recommends
having only native grasses in front yards. He stated that It is not really necessary to
have front lawns and noted that the Covenants, Conditions & Restrictions (CC&Rs)
could include a restriction to having lawns only in areas of the yard where people
gather, and he noted that typically front yards are not gathering areas.
When Mr. Stivers read his comments regarding Gum Grove Park, Member Voce
interjected that the Gum Grove Park Group now realizes that the eucalyptus tress will
die off, and the group is planning on recommending replacement with the appropriate
trees native to the environment.
Member Unrath stated that eucalyptus trees appear to grow quite tall and he noted that
most native trees in this area do not grow to this same height as the eucalyptus. He
commented that if the eucalyptus trees in Gum Grove Park are replaced this might
affect the bird life that currently dwells in the park. Mr. Stivers stated that this could be a
problem, but noted that there are a large variety of native trees that could be used to
replace the eucalyptus.
Mr. David Rosenman asked Mr. Stivers how other communities have been able to put
into operation some of these types of requirements. Mr. Stivers stated that this is up to
the developer and the community in which the development is to be constructed. He
noted that specific landscape requirements could be included in the Conditions of
Approval and would be carried out by the landscape architect. Mr. Cummins interjected
\\DATAFILE\USERS\CAlvarez\Carmen_data\EQCB\01-30-02 EQCB Minutes doc
3
.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
Meetmg Minutes of January 30, 2002
that typically the CC&Rs will assign review and approval of these issues to an
Architectural Design Review Committee.
Mr. Voce stated that he is aware that although many landscaped architects are aware of
native plants and trees, they don't normally use them in their plant palettes, and some
may even be resistant to mandates requiring the use of these plants.
Mr. Whittenberg stated that John Laing Homes has retained Tony Boncamp, a
landscape architect who is a past president of the California Native Plant Society. The
Director of Development Services stated that the California Coastal Commission's
(CCC) final conditions of approval for landscaping require a plant palette to come back
to CCC that will prohibit all invasives. He noted that in the letter to the CCC Staff had
commented on the issue of requiring only native grasses for front lawns and only native
plants for landscaping of front yards. He described some of the types of plants that
would not be allowed under the CCC conditions, and commented that the City is
concerned that residents not be so restricted with regard to how they choose to
landscape their own private residential property. Mr. Whittenberg stated that
expenence has shown that most developers in this area do not provide front yard
landscaping. He indicated that with the high selling price range for these homes, the
buyers would probably not wish to have their landscaping plans pre-determined. He
noted that if the CCC is allowed to impose these types of conditions upon new
construction, this could very well lead to giving the CCC the authority to dictate the type
of landscaping that would be allowed when home owners are completing a remodel or
addition to their homes.
Mr. Rosenman commented that perhaps one of the concerns of the CCC was the
"uniqueness" of this project with regard to the wetlands restoration aspects.
Mr. Whittenberg stated that when dealing with the CCC previous experience has shown
that they are normally concerned with plantings that occur within 100 feet of what the
CCC considers to be sensitive habitat areas and wetland areas. He noted that the
homes on the Hellman Project are between 270 and 340 feet away from any existing
identified wetland or sensitive habitat areas on that property. He commented that
although Gum Grove Park is considered a sensitive habitat area, there are homes that
back up immediately to Gum Grove Park along the entire length of Crestview Avenue
and Surf Place. He said that this was the reason Staff was not concerned with the
homes to be constructed on the Hellman property. The Director of Development
Services then stated that there had to be limits as to how much say the CCC could have
with regard to what homeowners wish to plant in their yards.
Member Voce again reiterated that the critical key is still the landscape architect. He
stated that he knows Mr. Boncamp and although he is a very knowledgeable botanist,
he is not a licensed landscape architect. He noted that many times the developer would
rely on the landscape architect in terms of marketing their project. He continued by
stating that he was not certain whether Gum Grove Park had, in fact, been declared a
sensitive area by any agency. He expressed his concerns with the park having been
\\DA T AFILE\USERS\CAlvarez\Carmen_data\EQCB\01-30-02 EQCB Minutes.doc
4
.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 Qualtty Control Board
Meeting Minutes of January 30, 2002
turned into a dog park, and how now it is abused by large dogs that run around and
flush out any fauna that would otherwise be established there. He questioned why dogs
were allowed to run in this park if it has been classified as a sensitive habitat area.
Member Voce noted his concern that residents of the State of California are not moving
in the direction of native plants and consequently, the population is totally unfamiliar
with what these plants are. He stated that possibly another agency does need to
impose restnctions to send the message that this is not a question of property rights, but
a question of the quality of the environment. He indicated that this involves the question
of not repeating the mistakes of the past and moving into a more enlightened
environmental prospect as regards to landscaping. He explained that birds consume
plants in one location and then excrete seeds in another location, negating any
specified distances from sensitive areas. He noted that invasives take away the space
that would otherwise be occupied by native plants, creating a displacement situation.
He stated that living near to the beach or near wetlands areas isn't just a nght, but also
a privilege that requires better environmental vigilance.
Mr. Bruce Monroe stated that he represents the Sierra Club Marine Committee and
provided a brief background of the Sierra Club's beginnings. He noted that he is also a
resident of Seal Beach. He introduced a book edited by Jody Ziegler about the
restoration of tidal wetlands, and noted that Ms. Ziegler states that the wetlands will
never be restored to their original full function. Mr. Monroe then noted that despite the
millions of dollars that have already been invested in restoration, wetlands areas within
Southern California will continue to erode as a result of a variety of environmental
disturbances. He then provided copies of the textbook INFRA STRUCTURES by
Malcolm Wells, which describes how to construct earth-covered buildings or structures.
He also provided copies of draft language from a proposal on special requirements for
homes Within natural habitat areas.
Member Jones asked for a definition of earth-covered buildings, which Mr. Monroe
described as a standard building constructed to allow for a layer of earth across the top
of a roof for planting plants. Mr. Monroe stated that these structures are less expensive
to construct, to heat and cool, and to maintain. Member Jones questioned the roofing
materials to be used to support the weight of the soil. Mr. Monroe noted that composite
material rather than wood would be used for the roof of such a structure. He continued
by encouraging homeowners and developers to work toward enhancing and preserving
the environment.
There being no one else wishing to speak, Chairperson Porter closed the Public
Comment period.
Member Voce made a motion to forward the information presented along with a copy of
the Staff Report to City Council. Mr. Whittenberg noted that although he understood the
Board's concerns regarding the comment letter, it has been sent, received, and acted
upon by the CCC by making revisions to their Staff Report. He stated that the content
of the Jetter cannot be changed. Member Voce asked whether City Council had been
provided with a copy of the Director of Development Services Staff Report to EQCB
\\DA T AFILE\USERS\CAlvarez\Carmen_data\EQCB\01-30-02 EQC B Minutes.doc
5
.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 January 30, 2002
dated December 19, 2001. Mr. Whittenberg stated that this document had not been
provided to City Council members. Member Voce stated that he would like to have this
forwarded to the Council members in addition to copies of Mr. Stivers' report for
reference on future projects.
MOTION by Voce; SECOND by Porter to Receive and File Staff Report Re: City
Comment Letter to California Coastal Commission Re: Application No. 5-01-288,
Hellman Ranch Project, Dated December 19, 2001, and forward to City Council for
information purposes along with information and comments presented tonight.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Jones, Porter, Unrath, and Voce
None
Hurley
6. APPROVAL OF MINUTES - November 28,2001
Recommendation: Approve Minutes subject to any corrections determined
appropriate.
Chairperson Porter moved that approval of the minutes of November 28, 2001 be
continued to the Agenda for the Environmental Quality Control Board meeting of
February 2002.
7. Recommendation to City Council Re: Approval of San Gabriel and Lower Los
Angeles Rivers Parkway and Open Space Plan."
Recommendation: Approve the draft resolution, subject to any changes the
board deems necessary after receiving testimony from the public.
Mr. Cummins noted one change to the resolution.
MOTION by Voce; SECOND by Porter to approve the draft resolution, with any changes
the board deems necessary after receiving testimony from the public.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Jones, Porter, Unrath, and Voce
None
Hurley
8. City Response Letter Re: "Engineering Evaluation I Cost Analysis (EE/CA),
Non-Time Critical Removal Action for Solid Waste Management Unit 24, Naval
Weapons Station, Seal Beach." Report dated December 2001."
\\DA T AFILE\USERS\CAlvarez\Carmen_data\EQCB\01-30-02 EQCB Mlnutes.doc
6
.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 Envtronmental Quality Control Board
Meeting Mmutes of January 30, 2002
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 Voce; SECOND by Unrath 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
Jones, Porter, Unrath, and Voce
None
Hurley
VII Staff Concerns
Mr. Cummins noted that for future reference when EQCB members would like to have
specific documents included with the Agenda packet, they should provide copies to the
Assistant Planner on the Thursday prior to the scheduled meeting.
VIII Board Concerns
Chairperson Porter noted that the temperature was quite cold in Council Chambers, and
he asked If the thermostat could be checked in the future to ensure a comfortable room
temperature during the meetings.
Member Voce expressed his concerns regarding the use of fireplaces for heating
homes, noting the amount of pollution that results from this. He stated that even with all
of his doors and windows closed, he can still smell the smoke from his neighbor's
fireplace. He said that he also has to turn his furnace off, as most home heating
systems take in outside air and filter and heat it for distribution within the home. He
cautioned about how this seriously affects breathing air. Member Voce stated he had
recently read a newspaper article that reported that fireplace usage is now being
banned in many locations in Northern California due to a 30% Increase in the winter
pollution rate, which he states is significant.
Mr. Rosenman interjected that there are places in New Mexico and Arizona where use
of fireplaces is banned on days when air quality is poor. He noted that perhaps the
Board should discuss this with the Air Quality Management District (AQMD). Member
Voce stated that he had contacted the AQMD and although they deal primarily with
industrial and agricultural pollution, they do have nuisance laws. He said that the
AQMD refers for suburban issues to the local agencies.
Member Jones stated that he would have a difficult time supporting Member Voce's
position on the use of fireplaces. He said that although he was open to Member Voce's
\\DA T AFILE\USERS\CAlvarez\Carmen_data\EQCB\01-30-02 EQCB Mlnutes.doc
7
.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
.
City of Seal Beach Environmental Quality Control Board
Meetmg Mmutes of January 30, 2002
reasons for objecting to fireplaces, Member Jones said he enjoys having a fire in both of
the fireplaces In his home. Member Voce cautioned that Member Jones should keep in
mind the amount of pollution he is creating for his neighbors. Member Jones noted that
he personally enjoys the smell of wood burning In a fireplace as it is reminiscent of
being on a camping trip. Member Voce stated that he enjoys smelling the ocean
breezes and he pays a lot to enjoy them, and resents having this taken away with the
neighbor's frequent use of the fireplace. Member Unrath noted that he uses a gas-
burning fIreplace, which he believes to be much nicer than a wood burning one.
Member Unrath asked about the water well in Seal Beach. He said he is concerned
with the recent shut down of the wells in Fountain Valley and Newport Beach due to the
addition of a chemical that may be a possible carcinogen. He asked if Seal Beach were
testing for the same chemical to determine whether there is any measurable
concentration of this chemical in the water wells. Mr. Cummins stated that he did not
have a response, but he would forward this question to the Public Works Department for
review and response.
IX Adjournment
Chairperson Porter adjourned the meeting at 7:45 p.m.
Respectfully Submitted,
C' ~ "'- '"~ t\ A,.,_SJ.~.A.)("--0...~
- y
Carmen Alvarez, Executive Secretary
Department of Development Services
The Board on March 27, 2002 approved the Minutes of the Environmental Quality
Control Board of Wednesday, January 30, 2002. ~.
\\DA TAFILE\USERS\CAlvarez\Carmen_data\EQCB\01-30-02 EQCB Mlnutes.doc
8