HomeMy WebLinkAboutEQCB Min 2002-10-30
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1CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes of October 30, 2002
The Environmental Quality Control Board (EQCB) meeting of October 30, 2002 was
called to order by Vice-Chairperson Hurley at 6:30 p.m. The meeting was held in City
Council Chambers and began with the Salute to the Flag.
Roll Call
Present:
Vice-Chairperson Hurley, Members Barton, Jones, Unrath, and
Voce
Absent:
None
Also
Present:
Department of Development Services
Mac Cummins, Assistant Planner
II Approval of Agenda
MOTION by Voce; SECOND by Jones to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Barton, Hurley, Jones, Unrath, and Voce
None
None
III Oral Communications
None.
IV Consent Calendar
1. RECEIVE AND FILE - Staff Report to EQCB Re: Receipt of "Final Project
Work Plan Non-Time Critical Removal Action Solid Waste Management Unit
24, Seal Beach Naval Weapons Station, Seal Beach, California."
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 October 30, 2002
2. RECEIVE AND FILE - Staff Report to EQCB Re: Receipt of Third Quarter
2002 Groundwater Monitoring Data Summary - Groundwater Investigation,
Site 14, Naval Weapons Station Seal Beach."
3. RECEIVE AND FILE - Memo to LA DWP, Re: Leisure World Contacts:
Haynes Generating Station Repowering Project - Memo dated August 27,
2002.
4. RECEIVE AND FILE - Staff Report to EQCB Re: Receipt of 2nd Annual
Groundwater Monitoring Report IR Sites 40 & 70, NAVWPNSTA Seal Beach.
5. RECEIVE AND FILE - Memo to EQCB, Re: Status Report - Pacific Coast
Highway & Seal Beach Boulevard Contamination - Memo dated October 8,
2002.
6. RECEIVE AND FILE - Staff Report to EQCB Re: Receipt of "IR Site 70
Aquifer Test Report, NAVWPNSTA Seal Beach.
7. RECEIVE AND FILE - Staff Report to EQCB Re: Receipt of Technical
Memorandum for In Situ Enhanced Bioremediation at Restoration Program
Site 40, Naval Weapons Station, Seal Beach.
8. RECEIVE AND FILE - Memo to EQCB Re: Haynes Power Plant - Permits
Considered by AQMD.
9. RECEIVE AND FILE - Memo to EQCB Re: Seal Beach Weapons Support
Facility - Installation Restoration Program - Status Report Re: RAB Project
Update, Naval Weapons Station, Seal Beach.
10. RECEIVE AND FILE - Crystal Cove Historic District October 2002 newsletter.
MOTION by Voce; SECOND by Jones to approve the Consent Calendar as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Barton, Hurley, Jones, Unrath, and Voce
None
None
V Scheduled Matters
11. APPROVAL OF MINUTES - June 26,2002
Recommendation: Approve Minutes subject to any corrections determined
appropriate.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of October 30, 2002
Vice-Chairperson Hurley questioned why the Staff would have met with the Department
of Water and Power (DWP) and why the Golden Rain Foundation would need to meet
with DWP as stated in the last sentence in Paragraph 1, Page 4 of the minutes. Mr.
Cummins indicated that he could not recall his statements of June, 26, 2002, but he
stated that DWP does own the property and, therefore, it would have been appropriate
potentially for the City to have met with DWP to discuss lease issues relating to noise or
future expansion of the property related to the project. Vice-Chairperson Hurley then
asked if there have been subsequent meetings regarding noise mitigation measures.
Mr. Cummins stated that Staff had meet with DWP. Vice-Chairperson Hurley noted that
there was a big meeting between the City and the Golden Rain Foundation on the
Haynes repowering project. He expressed his concerns regarding this statement in the
minutes. Vice-Chairperson Hurley requested that confirmation of any meetings with the
Golden Rain Foundation regarding the oil drill site. Mr. Cummins stated that he would
create a memorandum to the EQCB providing clarification. He also reiterated that the
City may have held a meeting with DWP, and that is what he had referred to on the
night of the June 26 meeting. Vice-Chairperson Hurley emphasized that it must be
clear that the oil company that is leasing the property and doing the drilling would be
responsible for any noise mitigation, and not the DWP. Member Unrath stated that his
recollection is that nothing was ever mentioned about meeting with the oil company.
Mr. Cummins stated that his recollection was that the City met with DWP and the
Golden Rain Foundation, but he would confirm this.
MOTION by Hurley; SECOND by Unrath to approve the Meeting Minutes of June 26,
2002 as amended and direct Staff to create a memorandum providing clarification on
whether the City met with the Department of Water and Power and/or the Golden Rain
Foundation.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
2-0-3
Hurley and Unrath
None
None
Barton, Jones, and Voce
12. APPROVAL OF MINUTES - July 31,2002
Recommendation: Approve Minutes subject to any corrections determined
appropriate.
MOTION by Voce; SECOND by Barton to approve the Meeting Minutes of July 31,2002
as presented
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-2
Barton, Unrath, and Voce
None
None
Hurley and Jones
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of October 30, 2002
13. Election of Chairperson and Vice-Chairperson.
Vice-Chairperson Hurley nominated Member Unrath for Chairperson.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Barton, Hurley, Jones, Unrath, and Voce
None
None
Member Unrath nominated Vice-Chairperson Hurley to continue as Vice-Chairperson.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Barton, Hurley, Jones, Unrath, and Voce
None
None
Vice-Chairperson Hurley requested that Chairperson Unrath conduct the remainder of
the meeting.
At this time Mr. Charles Antos, Councilperson for District 1, introduced Member Barbara
Barton to the Board as the appointee to the EQCB.
VI Staff Concerns
14. RECEIVE AND FILE: memo to EQCB Re: 1405 Crestview.
Member Jones asked if this matter pertained to the EQCB. Mr. Cummins stated that in
terms of EQCB action, it really does not pertain to EQCB. He indicated that because
Member Voce had reported the incident, Staff had prepared the memorandum as a
means of conveying the details of this incident. (The memorandum is on file for
inspection in the Department of Development Services.) Member Jones confirmed that
in terms of action, because this was not an environmental issue, it would not be a
matter for the EQCB. He commented that the photographs presented are indiscernible
and they do not provide a clear enough idea of what took place. Member Voce stated
that although Staff has put him off regarding the status of Gum Grove Park as an
environmentally sensitive area, he is certain that the California Coastal Commission
(CCC) has placed an Environmentally Sensitive Habitat Area on the park. He said that
protection of the park does fall under the purview of the EQCB and noted that Gum
Grove might not resemble an environmentally protected area due to the neglectful
treatment by visitors to the park. Vice-Chairperson Hurley noted that a review of the
City Ordinance regarding the EQCB would reflect that it is designated as the guardian
body for potential environmental abuses. Mr. Cummins explained that discussing
environmental issues would not be outside the purview of the EQCB, however, the
EQCB is not charged with directing Staff to use Staff time or resources performing
action items. He cited the example of City Council directing Staff to attempt to secure
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City of Seal Beach Environmental Quality Control Board
Meetmg Minutes of October 30, 2002
financial restitution for some of the damage that may have been done to the park. He
noted that the EQCB does not have this purview, but can make recommendations to
City Council. He stated that Staff never intended to imply that the EQCB should never
discuss environmental issues on Gum Grove. Member Jones asked about what had
taken place at the City Council meeting regarding this issue. Mr. Cummins reported
that as soon as Staff became aware of the problem, a building inspector was dispatched
to the site to take photographs and an e-mail was sent to Council person Yost informing
him of the situation. Then, at Councilperson Yost's request, the issue was presented as
an information item at the City Council meeting. He stated that the City had issued a
permit for construction of a retaining wall in the back yard and the applicant then
brought the fill dirt by truck to the gate of the park and the City's Senior Building
Inspector allowed it to enter the park. Mr. Cummins reported that Staff has indicated to
City Council that this was clearly a mistake on Staff's part and will never happen again.
Everyone has been briefed on what they can and cannot do and all keys have been
taken away from lower level staff and all locks are to be re-keyed. He said that Staff is
putting together an inter City program for better communication between City
departments. Member Voce interjected that City Council had unanimously voted on a
motion directing Staff to report anything that goes on in the park to the Recreation
Committee, EQCB, and the Archaeological Advisory Committee (AAC). Mr. Cummins
stated that the area of Gum Grove Park has been identified as a culturally sensitive
area and none of the natural earth that existed before the fill dirt was brought in has
been disturbed. Member Voce countered that it is impossible to avoid disturbing
substrates even when adding fill dirt. Member Barton inquired as to how the other
residents in the area had been able to complete this type of project. Member Voce
stated that they had used wheelbarrows to carry the dirt from the front of the property to
the rear of the homes. Vice-Chairperson Hurley asked what the status was regarding
attempts to secure redress from the parties in violation. Mr. Cummins stated that the
City Manager met with the applicant to discuss payment of a deposit toward the total
restitution for any damage. Mr. Cummins reported that because of some of the new fill
left near the drainpipe that runs towards the retarding basin, emergency work would
have to be done on the drainpipe to prevent flooding. He stated that the CCC was
contacted and the applicant will need to apply for an after-the-fact Coastal Permit for
removing the remaining dirt and Council has directed that the applicant must replace
any damaged landscaping. Member Voce noted that Staff would have to ensure that
any remaining junk fill is removed from the Gum Grove side of the wall. Member Unrath
asked if an estimate of the remaining materials in cubic yards had been provided. Mr.
Cummins stated that he was not certain of this. Member Voce emphasized that no
removal of junk fill or other emergency work should be done without the Recreation
Committee, EQCB, and AAC first being notified of the type of work to be done.
Mr. Cummins reported that Vice-Chairperson Hurley had requested that the following
items be addressed at tonight's meeting:
1. What is happening with the 1 DO-acre wetlands area on the Hellman Property?
Mr. Cummins reported that the Hellman Family still owns this acreage.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of October 30, 2002
2. Has the grading issue on the John Laing Homes project been settled?
Mr. Cummins reported that John Laing Homes is still working with the CCC on
the issues related to the Native American burial sites to determine whether or not
the existing Coastal Permit must be amended or if John Laing Homes must file
for a new permit. He reported that all grading work has been stopped until
further notice. He also stated that the City has not yet taken title to Gum Grove
Park as the legal details are still being discussed.
3. Status of the Boeing Project.
Mr. Cummins reported that the Draft Environmental Impact Report (DEIR) is
almost complete and should be available for public review in mid- to late
November. He indicated that if the report is ready for circulation in mid-
November, then Staff would want to meet with EQCB during the 2nd or 3rd week
of December.
4. Seal Beach Boulevard contamination from the Naval Weapons Station (NWS)
water tower site.
EQCB had directed a letter to NWS asking why they had not responded
appropriately regarding the City's comments on the concentric rings of
contamination extending out to Seal Beach Boulevard. The Navy had responded
that because this contamination was not on federal property the City should be
responsible for any clean-up efforts in that area. Member Voce asked if the City
had accepted this response. Mr. Cummins explained that the ultimate decision
on how to proceed would be up to City Council. He noted that EQCB could direct
that a memorandum be forwarded to City Council requesting that they investigate
any potential legal ramifications.
MOTION by Unrath; SECOND by Voce to direct Staff to prepare a memorandum
requesting that City Council investigate legal remedies for having the Naval Weapons
Station participate in mitigation of contamination extending from Site 73 onto Seal
Beach Boulevard.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Barton, Hurley, Jones, Unrath, and Voce
None
None
5. The 1-405 and 1-605 Freeway interchanges.
Mr. Cummins reported that this is tied to the widening of the Garden Grove 22
Freeway. He stated that Staff is still awaiting the response to comments on the
final EIR.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of October 30, 2002
VII Board Concerns
Chairperson Unrath inquired about the status of the General Plan Update. Mr.
Cummins stated that Staff is working with Culbertson Adams Associates and they
project that the first scheduled meetings should be held in early January 2003.
VIII Adjournment
Chairperson Unrath adjourned the meeting at 7:22 p.m.
Respectfully Submitted,
~~~-
Carmen Alvarez, Executive Secretary
Department of Development Services
The Board on January 29, 2003 approved the Minutes of the Environmental Quality
Control Board of Wednesday, October 30, 2002. ~ .
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