HomeMy WebLinkAboutEQCB Min 2003-07-30
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1CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes of July 30, 2003
Chairperson Unrath called the Environmental Quality Control Board (EQCB) meeting of
July 30, 2003 to order at 6:33 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 O'Malley
Member Voce
Also
Present:
Department of Development Services
Lee Whittenberg, Director of Development Services
Mr. Whittenberg noted for the record that Member Voce was not yet present, but he did
indicate that he would be present tonight.
II Approval of Agenda
MOTION by Hurley; SECOND by O'Malley to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Unrath, Barton, Hurley, and O'Malley
None
Voce
III Oral Communications
None.
IV Consent Calendar
1. RECEIVE AND FILE - Staff Report to EQCB Re: "Final Closeout Report Non-
Time Critical Removal Action for Solid Waste Management Unit 24,
Stationary Demilitarization Furnace, Naval Weapons Station, Seal Beach."
1 These Minutes were transcribed from an audiotape of the meeting
07-30-03 EQCB Minutes.doc
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 30, 2003
2. RECEIVE AND FILE - Staff Report to EQCB Re: "Tier II Ecological Risk
Assessment Sampling and Analysis at IR Site 74, Old Skeet Range, Naval
Weapons Station, Seal Beach."
3. RECEIVE AND FILE - Staff Report to EQCB Re: "Final Second Annual
Groundwater Monitoring Report, IR Sites 40 & 70, Naval Weapons Station,
Seal Beach."
MOTION by Hurley; SECOND by O'Malley to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Unrath, Barton, Hurley, and O'Malley
None
Voce
V Scheduled Matters
4. APPROVAL OF MINUTES - February 26,2003
Recommendation: Approve Minutes subject to any corrections as needed.
Chairperson Unrath asked if the work at the water tower on the Naval Weapons Station
(NWS) was complete. Mr. Whittenberg stated that he believed the work was complete.
Vice-Chairperson Hurley interjected that at the June 25, 2003 EQCB meeting, Mr.
Cummins had reported that the Navy had submitted its final report regarding this site to
the City.
Mr. Whittenberg noted that Member O'Malley should abstain, as he was not yet an
appointed member of the Board on that date.
MOTION by Hurley; SECOND by Barton to approve the Minutes of February 26, 2003,
as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Unrath, Barton, and Hurley
None
Voce
O'Malley
5. APPROVAL OF MINUTES - June 25,2003
Recommendation: Approve Minutes subject to any corrections as needed.
07-30-03 EQCB Minutes.doc
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 30, 2003
Vice-Chairperson Hurley stated that Page 1, Line 23 should reflect that Chairperson
Unrath had excused Members Voce and O'Malley for their absence at this meeting. He
then noted typographical errors on Page 3, Lines 20, 41, and 42.
Mr. Whittenberg noted that Member O'Malley should abstain, as he was absent from
this meeting.
MOTION by Hurley; SECOND by Barton to approve the Minutes of June 25, 2003, as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Unrath, Barton, and Hurley
None
Voce
O'Malley
6. CITY RESPONSE LETTER RE: Draft Water Sampling, Pond Infiltration and
Tidal Influence Study, Breitburn Oil Island, Seal Beach.
Recommendation: Authorize the Chairman to sign the draft response letter
with any additional comments determined appropriate. Instruct Staff to
forward to the City Council for information purposes. Receive and File Staff
Report.
Mr. Whittenberg stated that this Staff Report had arrived rather suddenly and the
response date is very soon. He said that after reviewing the document Staff determined
that it generally concludes that there are no groundwater concentrations for metals that
would require additional study, and that the gross alpha and gross beta levels appear to
be naturally occurring. Vice-Chairperson Hurley inquired as to what these levels
indicated. Mr. Whittenberg explained that these are precursors for radioactive
emissions or materials that would be in the soil. Chairperson Unrath noted that in the
past oil production companies used radioactive materials to check the integrity of well
casings. Member O'Malley interjected that the report states that this process was not
used in this particular case. Mr. Unrath stated that he was not totally convinced that this
was true. Mr. Whittenberg stated that Staff's comment on the report is that they saw no
particular problem, but that the report must be reviewed by several other agencies to
make sure that they are comfortable with it, primarily the Environmental Protection
Agency (EPA) and the Department of Toxic Substance Control. Vice-Chairperson
Hurley asked whether the Navy had provided information on which agencies these are?
Mr. Whittenberg noted that they generally review everything that goes through the
Restoration Advisory Board (RAB); however, this report has not yet been presented to
the RAB, but comes directly from the consultant for Breitburn. He stated that Staff sees
no problem with the report given the fact that all of these other agencies have yet to
review the document. Chairperson Unrath stated that he was pleased to see that there
is no hydraulic conduction at this site.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 30, 2003
MOTION by Hurley; SECOND by O'Malley to authorize the Chairman to sign the draft
response letter with any additional comments determined appropriate. Instruct Staff to
forward to the City Council for information purposes. Receive and File Staff Report.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Unrath, Barton, Hurley, and O'Malley
None
Voce
Mr. Whittenberg asked if the Chairperson wished to excuse Member Voce's absence.
Chairperson Unrath so ordered to excuse Member Voce from the EQCB meeting of July
30,2003.
VI Staff Concerns
Mr. Whittenberg reported that Staff had provided all Board Members with a copy of the
Draft General Plan (GP) Revision, the Draft Local Coastal Plan (LCP), and the Initial
Study Negative Declaration document, which began its 30-day public review period on
Monday, July 28, 2003. He noted that this document would be on the Agenda for the
August 27, 2003 EQCB meeting. Vice-Chairperson Hurley asked what the advantage
to the City would be of having an LCP. Mr. Whittenberg explained that the biggest
advantage would be that 95% of the projects that must now go before the California
Coastal Commission (CCC) for approval would be approved at the local level and would
no longer have to go before the CCC. He noted that the LCP would impact every
property in town between Westminster Avenue and the Pacific Ocean. Member Barton
asked who would make these decisions. Mr. Whittenberg stated that the LCP would
have a number of criteria for what types of projects could receive administrative
approval and which ones would still require discretionary approval by the Planning
Commission. He indicated that by provision of State Law, any action that the City takes
would still be subject to appeal to the CCC. Member Barton commented that the City
would have more authority in approving projects. Mr. Whittenberg stated that most of
the projects within the City are fairly minimal in terms of coastal impacts, but for projects
that front the ocean both in Surfside and along Ocean Avenue, the CCC would retain
jurisdiction on these properties. He explained that having the LCP would save
applicants that formerly had to go through the CCC from 5-6 months in getting their
projects approved. Vice-Chairperson Hurley inquired about the boundary from the
coast for CCC jurisdiction. Mr. Whittenberg explained that the boundary changes
depending upon the geographical area. Chairperson Unrath stated that he was told that
by law the boundary takes in everything that lies 3,000 feet from the water; however, in
the case of Seal Beach since it has the wetlands coming into the Naval Weapons
Station (NWS), the CCC decided it was easier to make the boundary at Westminster
Avenue. Mr. Whittenberg noted that in Malibu the Coastal Zone goes into the Santa
Monica Mountains almost to the Ventura Freeway. Vice-Chairperson Hurley asked how
this is determined. Mr. Whittenberg stated that this was part of the approval of the
Coastal Act in 1972. He then explained that after the EQCB reviews the Negative
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 30, 2003
Declaration document, it will go before the Planning Commission on September 17,
2003, and then it will go before City Council (CC).
Chairperson Unrath asked if the Director of Development Services would provide a
status on the Boeing Project. Mr. Whittenberg reported that CC had conducted the
public hearing on the Boeing EIR on Monday, July 28, 2003, received public testimony,
closed the public hearing, and determined to certify the EIR as adequate. He indicated
that the CC did make changes regarding shutting down the project when wind speeds
exceed 25 mph when mass grading is taking place and 35 mph when precise grading
on one lot is being done. Also, 72 hours notice must be provided prior to beginning
grading activity in order to allow residents of Leisure World and Island Village to be
notified. He then reported that the second reading of the Zoning Ordinance for
changing the zoning on the property is to take place on August 11, 2003, and at this
time CC will also consider changes to the resolution to adopt the Specific Plan, amend
the General Plan (GP), and approve the Vesting Tentative Tract Map (VTTM). He
indicated that CC directed Staff to take a closer look at the issues related to timing of
repair of the area along Seal Beach Boulevard that floods during the rainy season. CC
would like to see this occur within 18 months of the California Coastal Commission
(CCC) issuing a coastal development permit for the Boeing Project. He said CC also
wishes to extend the period for marketing Planning Area 4, where the hotel is proposed,
from 18 months to 36 months. He noted that CC also included a provision that before
the first final map on the property is recorded, an evaluation must be done on the cost of
installing double-paned windows in Leisure World along the Westminster Avenue
frontage of the impacted areas. Once this is done, CC would then make a decision as
to whether the costs are reasonable enough to impose this condition on the Boeing
Company.
Chairperson Unrath inquired about the widening of the 405 Freeway overcrossing. Mr.
Whittenberg stated that assuming the Boeing Project is built, and traffic impact fees
from this project are available fairly soon, then the intersection improvements at both
the on and off ramps can be completed before the work on the overcrossing begins. He
noted that rebuilding the bridge is an approximate $14 Million project and the City does
not have the funding for this, and when CalTrans proceeds with the future project of
widening the freeway, the bridge would in all likelihood be torn down and reconstructed.
VII Board Concerns
Vice-Chairperson Hurley inquired whether the Associate Planner had mentioned the
information that he had requested on Site 73. Mr. Whittenberg noted that he had
brought the files on Site 73 with him tonight and Vice-Chairperson Hurley was welcome
to review them. Vice-Chairperson Hurley noted that the EQCB had recommended
forwarding a memorandum to City Council (CC) warning them of the possibility of high
lead concentrations beyond the Navy property line, and had at the same meeting
authorized the Chairperson to sign the draft Memo addressed to the Navy. He inquired
whether Chairperson Unrath had signed a memorandum regarding this issue to be
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 30, 2003
forwarded to CC. Chairperson Unrath stated that he did not recall doing so. Mr.
Whittenberg referred to Page 5 of the minutes of February 26, 2003, and noted that two
separate motions were made, but he was not entirely clear on what the intent of the
Board was. Vice-Chairperson Hurley noted that the draft minutes of February 26, 2003
appeared on the June 25, 2003 agenda, and the board continued this item to the
meeting of July 2003. Chairperson Unrath stated that as he recalled, the draft
memorandum was to allow the Navy to remove the soil from the sidewalk to the fence
line and the Board wanted to alert the CC that the Navy did not have any intention of
going underneath the sidewalk or out to the street line. Vice-Chairperson Hurley
referred to Page 5 of the minutes of June 25, 2003, beginning on Line 3 and stated that
he did not expect that the Navy would begin ripping out any of the pavement on Seal
Beach Boulevard or reconstructing curbs, but that they would test the soil between the
fence and the pavement and if it were contaminated would then proceed to remove it.
Chairperson Unrath stated that he believed the Navy had removed the loose soil
anyway. Mr. Whittenberg recommended placing this item on a future agenda for further
discussion. Vice-Chairperson Hurley stated that he was not certain that he wished to
place this on the agenda again, but he would like to review the file on Site 73 and be
provided with comments on what the Navy said it would do and the report on what the
Navy actually did at this site. Chairperson Unrath recommended requesting a status
report from Staff and any related correspondence on this project. Vice-Chairperson
Hurley commented that it would have been nice if the Board had been made aware
when Staff received the final report on this project from the Navy.
Member Unrath stated that he was sorry to hear that Dr. David Hood would no longer
be a member of the Planning Commission. He commended Dr. Hood for his
outstanding contribution to the City of Seal Beach and noted that he would be greatly
missed.
VIII Adjournment
Chairperson Unrath motioned to adjourn to the scheduled meeting date in August 2003.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Unrath, Barton, Hurley, and O'Malley
None
Voce
The meeting adjourned at 7:15 p.m.
Respectfully Submitted,
~~~~~
Carmen Alvarez, Executive Secretary
Department of Development Services
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 30, 2003
The Board on July 30, 2003, approved the Minutes of the Environmental Quality Control
Board of Wednesday, July 30, 2003. ~.
07-30-03 EQCB Minutes.doc
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