HomeMy WebLinkAboutEQCB Min 2003-02-26
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1CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes of February 26, 2003
The Environmental Quality Control Board (EQCB) meeting of February 26, 2003 was
called to order by Chairperson Unrath at 6:30 p.m. The meeting was held in City
Council Chambers and began with the Salute to the Flag.
Roll Call
Present:
Absent:
Chairperson Unrath, Members Barton, Hurley, and Voce
None
Also
Present:
Department of Development Services
Mac Cummins, Associate Planner
Chairperson Unrath noted for the record that a representative for District 2 has not yet
been appointed.
II Approval of Agenda
MOTION by Voce; SECOND by Hurley to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Unrath, Barton, Hurley, and Voce
None
None
III Oral Communications
None.
IV Consent Calendar
1. RECEIVE AND FILE / PROVIDE COMMENTS - Proposed Plan/Remedial
Action Plan, IR Site 70, Naval Weapons Station, Seal Beach, CA. January,
2003
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 February 26, 2003
2. RECEIVE AND FILE - Staff Report to EQCB Re: Responses to Comments
on 2nd Annual Groundwater Monitoring Report, IR Sites 40 & 70.
3. RECEIVE AND FILE - Letter to Navy from EQCB, January 29, 2003, Re:
Draft Addendum No.1, Phase II Pilot Test at IR Site 40.
4. RECEIVE AND FILE - Memorandum to EQCB, Re: Seal Beach Weapons
Support Facility - Installation Restoration Program - Status Report re: RAB
Project Update.
MOTION by Hurley; SECOND by Voce to approve the Consent Calendar as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Unrath, Barton, Hurley, and Voce
None
None
V Scheduled Matters
5. APPROVAL OF MINUTES - January 29,2003
Recommendation: Approve Minutes subject to any corrections as needed.
Member Hurley noted corrections to Page 6, Lines 27-29 to read: "It is currently
anticipated that all lots would be completed by BRC or sold to individual lot purchasers
who would be responsible for the construction of the buildings..." Chairperson Unrath
stated that although Member Hurley's revision reads better, would it be valid to make
this change to the minutes of January 29, 2003? Member Hurley stated that the
minutes was not a verbatim document but a paraphrase and could be revised. Mr.
Cummins interjected that stating, "all lots would be completed by BRC" might imply a
subdivision term rather than a construction term. He explained that BRC could choose
to construct on only a specific number of lots and sell those lots with the buildings, and
they could then sell any remaining vacant lots and have the purchaser be responsible
for construction of buildings on those lots. He made recommendations to the Board for
rewording of this sentence and Chairperson Unrath offered the following phrasing: "It is
currently anticipated that building construction on lots would be completed by BRC,
and/or the lots could be sold to individual lot purchasers, who would then be responsible
for the construction of the buildings..." Member Hurley was in agreement with this
revision.
Member Hurley then reviewed corrections to Page 9 (Member Hurley's written
corrections on file in the Planning Department), which were noted by Mr. Cummins and
will be made by the Department Secretary. Member Hurley then proceeded by
referencing Page 11, Line 44 for a minor correction. Chairperson Unrath then noted two
corrections to Page 10 Lines 12 and 30.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of February 26, 2003
MOTION by Hurley; SECOND by Voce to approve the Meeting Minutes of January 29,
2003 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Unrath, Barton, Hurley, and Voce
None
None
6. Draft Memo to City Council: IR Site 73 (Water Tower)
Recommendation: Authorize the Chairman to sign the draft Memo, with any
additional comments determined appropriate, and instruct staff to forward to
the City Council.
Mr. Cummins reported that he had spoken with Pei Fen Tamashiro at the Naval
Weapons Station (NWS) and she had reported that the Navy's principal concern related
to the soil contamination was that they did not want to be responsible for the expense of
repaving Seal Beach Boulevard (SBB), should it be ascertained that there was
contamination beneath the street pavement. He stated that he had told Ms. Tamashiro
that the City's intent was to ensure that along with removing contaminated soil on the
NWS property at Site 73, they could also remove contaminated soil between the
property line and SBB. He said that Ms. Tamashiro had reported that this was what the
NWS had intended to do. Mr. Cummins stated that he had then requested a written
statement to this effect, to which Ms. Tamashiro responded in the affirmative. Mr.
Cummins then stated that at the Board's discretion they could adopt the memo as
written. Member Hurley inquired as to the stage of mitigation achieved at Site 73. Mr.
Cummins reported that hand excavation is just beginning with the Archaeological
Monitor on site. He noted that it took quite a while to get through the draft work program
due to the need to adequately address any potentially sensitive archaeological issues.
He stated that there should have been an archaeologist and a Native American Monitor
present during the hand excavation of the first 18 to 24 inches of soil at the water tower
site. He noted that whenever hand excavation occurs, all key parties must agree on the
work plan and what the procedure will be should human remains be discovered.
Member Voce asked whether the City anticipated any contamination to be found under
the sidewalk or SBB pavement. Mr. Cummins stated that he did not believe so as the
concentric rings as shown on the map appear to go onto the City side of the property
line, however, the level of contamination reduces as it gets further away from the actual
water tower site, reducing the level of contamination to a minimal one. Member Hurley
noted that one location next to Site 73 does reflect a high level of contamination. Mr.
Cummins agreed, however, he reiterated that the level of contamination for the ring that
extends onto SBB is a reduced level of contamination. Chairperson Unrath inquired
whether the levels of contamination were to be measured. Mr. Cummins confirmed that
the levels would be measured. Member Voce stated that what he wished to clarify was
whether any work was done on the water tower before SBB or the sidewalk were
constructed. He noted that if the paving along SBB and the sidewalk were already in
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of February 26, 2003
existence before any work was done on the water tower, this would have prevented any
contamination from seeping into the soil, but he wondered whether there may be
leaching materials that could have seeped underneath?
Member Barton asked how the City would know when the different work phases are
complete. Mr. Cummins stated that the City receives progress updates from the NWS.
Member Barton then inquired how the City would know whether this contamination has
migrated under SBB. Mr. Cummins responded that realistically the only way to know
this would be if the City pursued legal action to have the NWS shoulder the cost of
excavating and repaving SBB. He emphasized that the Navy has made it clear that
they are not interested in pursuing this option. He noted that based upon the test
results acquired from the NWS property side of the fence, it is clear that the level of
contamination is highest right underneath the water tower with decreasing levels found
at the outer rings. He stated that it is the City's opinion that along the Seal Beach side
of the property line, it would be sufficient to remove any contaminated soil between the
NWS property line and SBB. Member Hurley asked what the right-of-way width
between SBB and the property line would measure. Mr. Cummins stated that he was
not certain, but he believed it could measure anywhere between 6 to 10 feet. Member
Voce interjected that this would include the width of the sidewalk and the green line,
which is the demarcation line for federal property. Member Unrath asked if there were
soil between the curb line and the sidewalk. Mr. Cummins stated that this would usually
be the case. Member Hurley noted that if the memo were forwarded, how would the
Board ask City Council to have Staff keep track of the Navy mitigation for this Site.
Member Voce stated that the City has expressed its concerns and the Navy must
continue to produce the progress reports. He said that the Restoration Advisory Board
(RAB) and the cities that are a part of the RAB have continuous updates on clean up
procedures at the NWS. He again expressed his concern over finding out if
contamination might have leached into the soil under the SBB pavement, or if paint
removal was done before the street paving and sidewalks were done. Member Hurley
asked if there were any provisions for the way the Installation Restoration (IR) process
is done so that when a sample reflects above 300 milligrams/kilogram of contamination,
further investigation and soil removal would be warranted, and the Navy would have to
take soil samples from under the sidewalk. Member Voce stated that the City would
have to request that the Navy do this. Mr. Cummins reiterated that the Board had in
essence requested this, and the Navy had responded that they do not own the property
and would not bore through the concrete, but would test the soil between SBB and the
NWS property line. Member Voce stated that this would still be a valid concern to
present to City Council to help determine if, in fact, these potential contaminants do
leach onto other areas. Member Unrath interjected that after boring down beyond the
sidewalk thickness, it is possible to go in sideways underneath the sidewalk and remove
a soil sample. Member Voce noted that the NWS does not choose to do this. He said
that the City could do the boring, but with recent financial constraints, it is not likely that
the City would elect to do this, as it is a very expensive undertaking. Member Unrath
stated that the Board could certainly make a recommendation to City Council.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of February 26, 2003
Mr. Cummins stated that after his conversation with Ms. Tamashiro, he would
recommend that the draft memo not be sent as written, because it essentially
recommends to City Council that this issue be referred to the City Attorney's office for
determination of what the options might be to allow the City to force the Navy to do the
sampling and haul away contaminated soil. He clarified that what the Board's concern
is now is that if there is contaminated soil under the roadway, what happens? He
emphasized that the Navy has made its position very clear. Member Voce said that the
Navy was not going to do anything, and if the Board makes any recommendations to
City Council it would be that even though the Navy has stated that they will not do
anything about this, the Board still has a concern about possible leaching and migration
of specific compounds. Mr. Cummins stated that Staff could create a draft memo for
presentation at the next Board meeting that alerts City Council to potential problems
and presents the concerns regarding leaching and migration of contaminants. Member
Hurley asked if during Mr. Cummins discussion with Ms. Tamashiro had she mentioned
that the Navy would notify the City if any serious contamination were found. Mr.
Cummins responded that the City has signed off on the Navy Work Plan, and as soon
as the work is completed a report of the results is submitted to the City. He said that
this report would include sample studies of what was found along the property. Member
Hurley requested that the new draft memo include attachments of the sampling maps
showing the areas of concern. Mr. Cummins asked if the Board would like a copy of the
Staff Report provided to the City Council. Member Voce stated that he would prefer just
a copy of the draft memo and the attachments be forwarded to City Council to make
them aware of the situation. Member Hurley inquired as to what the time frame is for
the beginning of the work at Site 73. Mr. Cummins reported that the Navy might shortly
begin the actual work.
MOTION by Voce; SECOND by Hurley that this item be continued to the next scheduled
meeting to allow Staff to prepare draft memorandum to alert City Council of potential
contamination problems on Site 73.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Unrath, Barton, Hurley, and Voce
None
None
MOTION by Voce; SECOND by Hurley to Authorize the Chairman to sign the draft
Memo, with any additional changes determined appropriate, and instruct staff to forward
to the City Council.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Unrath, Barton, Hurley, and Voce
None
None
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of February 26, 2003
VI Staff Concerns
Mr. Cummins reported that a plaque honoring Steve Jones for his service to the City
would be sent to him. He noted that if the Board so desires, Staff could draft a
Resolution honoring Member Jones and it could be adopted at the next EQCB meeting.
Mr. Cummins then stated that Staff anticipates having the Final EIR for the Boeing
Project ready to present to the Board at the March 26, 2003 meeting. He noted that the
FEIR would include all comments received as well as the responses to comments.
Member Voce asked if the consultants would be able to more adequately respond to
questions from the Board. He commented that Mr. Glenn LaJoie had not provided
enough information in response to questions. Mr. Cummins stated that part of the
purpose of the Draft EIR is essentially to attempt to get comments on where the
document is unclear so that this can be corrected. Member Voce asked if the City
Traffic Engineer could be present to respond to questions from the Board. Mr.
Cummins stated that these services are contracted out to Zimmerman Engineering, but
he would ask that the appropriate representative be present. Member Voce asked if
this person were responsible for synchronization of traffic signals. Mr. Cummins stated
that synchronization of signals is done approximately every 4-6 months, but this would
be different from project-related impacts, which are measured in the traffic study.
Member Voce noted that if the Traffic Engineer were present, the Board would be able
to ask pertinent questions on what can be expected. Mr. Cummins stated that he would
convey this request to the City Engineer; however, it was unlikely that he would be
present. Member Voce stated if the City Engineer would not appear before the Board,
Member Voce would appear before him at the City Council meeting, but at that point it
would not be possible to discuss it with the Board. He noted that if he were not happy
with the responses to the FEIR, he would recommend that it not be certified. He
emphasized that the City must very soberly know what it is getting into before and not
after certifying an EI R.
VII Board Concerns
Member Barton thanked the Associate Planner for contacting the NWS and handling the
matter related to Site 73.
Member Unrath stated that the Boards discussion tonight had included most of his
concerns. He said he wanted to be sure that the Final EIR is made available to the
Board members as soon as possible after it is complete. He also encouraged Staff to
ensure that the pubic notice is properly published in the newspaper.
Member Barton asked if there were still time to make additional comments on the
Boeing Project. She stated she is concerned with trees and planting and setbacks.
She asked if she could provide her written comments to Staff. Mr. Cummins stated that
Staff could accept her comments. He said that he was not certain how they would be
handled, but at a minimum they would be entered into the public record. Member Voce
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of February 26, 2003
noted that he had also raised the issue about trees. Member Barton stated that she
wanted to see big, healthy trees planted and to see the project done right. Member
Voce stated that there are already some big trees there and the City should ensure that
they are not removed. Mr. Cummins said that he still has time to review Member
Barton's comments as he has prepared only a draft of the Response to Comments.
Member Barton asked if Boeing would serve as the landlord for this property. Mr.
Cummins stated that Boeing could sell to a third party. Member Barton asked if the City
would be responsible for any part of this project. Mr. Cummins stated that the streets
would be public and would be the City's responsibility.
Member Hurley commented that he believes representatives from all agencies involved
in the preparation of a Draft EIR should be present at the beginning of the process in
order to provide explanations and respond to questions. He said that this would be
more relevant that at the end of the process.
VIII Adjournment
Chairperson Unrath adjourned to the next scheduled meeting of March 26, 2003.
Respectfully Submitted,
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Carmen Alvarez, Executive Secretary
Department of Development Services
The Board on JVL'j 3", 2Ob3, approved the ~~ of the Environmental
Quality Control Board of Wednesday, February 26, 2003. .
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