HomeMy WebLinkAboutEQCB Min 2003-08-20
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1CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes of August 20, 2003
Chairperson Unrath called the Environmental Quality Control Board (EQCB) meeting of
August 20, 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 Hurley, O'Malley, and Voce
Barton
Also
Present:
Department of Development Services
Mac Cummins, Associate Planner
Mr. Cummins reported that he had received notice from Member Barton stating that she
would be unable to attend this special meeting and requested that she be excused. So
ordered by Chairperson Unrath.
II Approval of Agenda
Member O'Malley noted that for Item NO.2 of the Consent Calendar, the Board had not
received the Final Report for Site 4. Mr. Cummins explained that there are several sub-
site areas within Site 7 so the report is on Site 4 of Site NO.7. Member Voce interjected
that Site 4 is a perimeter road that borders Site 7.
Chairperson Unrath recommended removing Item No.4 from the Consent Calendar for
further discussion with Item No. 8 under Scheduled Matters. Mr. Cummins explained
that this public notice document for Item No. 4 is basically presented for information
purposes and for the Board to Receive and File.
Vice-Chairperson Hurley requested that the Board rearrange the items under Scheduled
Matters in the following order for discussion: Item 8, 9, 7, and then 6.
MOTION by Hurley; SECOND by Voce to approve the Agenda as amended.
MOTION CARRIED: 4 - 0 - 1
AYES: Unrath, Hurley, O'Malley, and Voce
1 These Minutes were transcnbed from an audiotape of the meeting.
08-20-03 EQCB Mlnutes.doc
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City of Seal Beach Environmental Quality Control Board
Meetmg Mmutes of August 20, 2003
NOES:
ABSENT:
None
Barton
III Oral Communications
None.
IV Consent Calendar
1. RECEIVE AND FILE - Staff Report to EQCB Re: "Final 2002 Annual
Groundwater Monitoring Report, Site 14, Naval Weapons Station, Seal Beach."
2. RECEIVE AND FILE - Staff Report to EQCB, re: "Final Addendum to the
Engineering Evaluation/Cost Analysis (EE/CA), Non-Time Critical Removal
Action for Site 7, Site 4 Areas of Potential Concern (APOC's) 1A & 2A, Naval
Weapons Station, Seal Beach."
3. RECEIVE AND FILE - Staff Report to EQCB, re: "2002 Annual Ocean and Bay
Water Quality Report."
4. RECEIVE AND FILE - Los Alamitos Pump Station Public Information Meeting
Handout dated August 14, 2003.
5. RECEIVE AND FILE - Letter from the City of Seal Beach to the California
Coastal Commission, re: "Long Beach Desalination Test Facility Project." Letter
dated July 29, 2003.
MOTION by Hurley; SECOND by O'Malley to approve the Consent Calendar as
presented.
MOTION CARRIED: 4 - 0 - 1
AYES: Unrath, Hurley, O'Malley, and Voce
NOES: None
ABSENT: Barton
V Scheduled Matters
8. CITY RESPONSE LETTER RE: LOS ALAMITOS PUMP STATION PROJECT
MITIGATED NEGATIVE DECLARATION
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 authorization to have Mayor sign letter. Receive and File Staff
Report.
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CIty of Seal Beach Environmental Quality Control Board
Meeting Minutes of August 20, 2003
Mr. Cummins reported that this document was received earlier this month and Staff
wanted to receive comments from the EQCB before taking it before City Council (CC).
He explained that the Board had recently reviewed the Final Environmental Impact
Report (FEIR) for the Boeing Project and this document is a Negative Declaration (ND),
which is basically a similar process. He indicated that under State law whenever a
project of this type is proposed, the lead agency, which in this case is the County of
Orange, submits an environmental document for review by the public and to allow for
submission of comments within the 30-day comment period. He said that Staff is
recommending that during the 30-day comment period the City forward a formal
comment letter. He stated that the project involves total replacement of the pump
station at the Los Alamitos Retarding Basin as it is quite old and is beginning to fail. He
noted that the County is proposing to construct a new 4-pump facility approximately 140
feet south of the existing pump station, and would allow space for an additional bit
pump, should it become necessary to install one. Chairperson Unrath stated that the
report indicates that there is only one engine driving the 4 pumps. He asked if this was
correct. Mr. Cummins stated that it is one engine with 4 separate cutoffs. Chairperson
Unrath asked if one of the electrrc pumps fails, there would still be 3 to carry the load,
but if the engine fails, this would make the 4 pumps nonfunctional. Mr. Cummins stated
that the problems at the pump station relate to the age of the piping and not the engine.
Chairperson Unrath clarified the report states that the purpose of the project is to
replace the 30-year-old pumps. Mr. Cummins explained that many of the parts are no
longer being manufactured, and as they break down it is not possible to get the
appropriate technical support from the original manufacturer, so replacement parts must
be specially made for any broken components. Vice-Chairperson Hurley noted that the
report states that some of the water formerly coming into Los Alamitos Retarding Basin
can now be handled by the new Rossmoor drainage basin. He asked where the
diverted water would go. He then noted that the report also "implies" that the present
flow channel that goes down to the pump is to be replaced. Chairperson Unrath stated
that the water just flows into the basin, and sits there, but the County will create a
channel so that it will flow. Mr. Cummins stated that he had prepared a draft letter to be
forwarded to CC for review, which will require the signature of the EQCB Chairperson
and the City Mayor.
Mr. Cummins provided a brief review of the document and explained that the new
NPDES water quality regulations include a Drainage Area Master Plan (Chapter 7), with
which cities must conform. He stated that the County has stipulated that these areas
must be addressed in the City CEQA documents, so when the City puts out a ND, it
must comment on Chapter 7. He explained that this is a County project, yet it does not
address any of the items in the CEQA Checklist and the City has commented as to why
the County is mandating this when they are not adhering to these requirements. He
continued by stating that the City is proposing that construction access be from Adolfo
Lopez Drive, rather than through the Hellman Property, due to previous California
Coastal Commission (CCC) concerns regarding wetlands. He also noted that in the
Cumulative Projects discussion the County failed to address the Boeing Project, which
has been approved and is adjacent to the pump station. He stated that although the
County talks briefly about the possibility of methane gas being located on the site, there
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of August 20, 2003
is no discussion as to what might determine whether this would be considered a
significant affect and when mitigation measures would be imposed. Mr. Cummins then
explained that the remainder of the comments has to do with items that appeared
ambiguous and would require clarification for the general public. He said that the Board
would be recommending that the draft letter be forwarded to CC to authorize the Mayor
and the EQCB Chairperson to sign it.
Vice-Chairperson Hurley provided typographical corrections to the draft letter, which Mr.
Cummins noted. Vice-Chairperson Hurley then referred to Item 5-G and asked why the
City is requesting a 25-year standard when the County has already described the 100-
year event standard. Mr. Cummins stated that this was added to ensure that all
relevant information is included. Chairperson Unrath then read into the record the
following recommended text for Item 8 as presented by Vice-Chairperson Hurley:
'The analysis of construction impacts is incomplete. No estimate of initial
site preparation time, nor how close construction machinery will come to
Island Village and for how long is provided. Without those estimates no
realistic estimate of the impact on the Island Village residents can be
made and no valid conclusion can be made that CEQA Guideline
Appendix G, Section XI (d) does not apply here. 11
Chairperson Unrath asked how far along the Hellman Project would be at the time that
this project begins. Mr. Cummins stated that the CCC has approved the final plan on
the Native American burial site, so the project can proceed at this point. He said it was
not possible at this time to estimate what the status of the development of homes would
be. Chairperson Unrath asked whether the Hellman Project would be a consideration
as far as noise goes. Mr. Cummins stated that completion of the Hellman Project is still
a long way into the future. Vice-Chairperson Hurley stated that there remains little site
preparation to be done before beginning construction at this location. Mr. Cummins
noted that grading on this site is about half done. He stated that because Island Village
is located within the City of Long Beach, Vice-Chairperson Hurley's proposed comment
would not typically be seen in a letter from the City of Seal Beach. Vice-Chairperson
Hurley stated that he believes his comment to be valid with regard to the inadequacy of
the ND. Chairperson Unrath suggested rewriting the section on noise to include the
words, "and Island Village..." Vice-Chairperson Hurley countered that this would not get
to the heart of the CEQA requirements. Member Voce asked whether the County had
included the City of Long Beach in its distribution list. Mr. Cummins stated that the City
of Long Beach had received a copy of the ND. He reiterated that it is not typical for a
city to comment on an impact to another jurisdiction. Vice-Chairperson Hurley
countered that the City is commenting on the adequacy of the ND whoever it involves.
Chairperson Unrath stated that he had no objection to the proposed text, and he asked
whether the references to Island Village could be changed to state "Leisure World."
Vice-Chairperson Hurley stated that the residents of Island Village would be similar to
the Leisure World (LW) residents affected by the Boeing Project. Chairperson Unrath
suggested that the text read as follows:
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CIty of Seal Beach Environmental Quality Control Board
Meeting Minutes of August 20, 2003
"The analysis of construction impacts is incomplete. No estimate of initial
site preparation time, nor how close construction machinery will come and
for how long is provided in the document. "
Member Voce noted that the proposed project is very close to LW and the residents
there would definitely be more sensitive receptors than the residents of Island Village
might be. Vice-Chairperson Hurley stated that he had no objection to changing the
references to Island Village to reflect "Leisure World." He then referred to Page 58 and
stated that the written governing regulations usually state that a monitor is to be present
to watch for human remains or archaeological artifacts, but the text in the ND indicates
that if human bones are discovered, a monitor will be called to the site. He asked if no
monitor were to be on site, would the grading workers be trained to recognize a visible
portion of a bone? Mr. Cummins stated that Staff's reading of the mitigation measure
reflects that it is a standard one for this type of scenario. He noted that the mitigation
measure states that if anything is found all activity must cease immediately. He
indicated that what Staff would like to see is a statement that if this situation should
occur, a resource would be available within the Coastal Zone. He explained that the
CCC must be addressed in the document, because they will issue a Coastal Permit that
will include conditions for mitigation and the mitigation plan must address not only what
the County believes should happen, but also what the CCC will require. Member
O'Malley referred Vice-Chairperson Hurley to Page 3 of the draft letter where this issue
is addressed. Mr. Cummins then referred to Page 61, Section I, third paragraph of the
ND and noted that if measures are to be taken to control vectors, they should be listed
as mitigation measures within the mitigation plan. Vice-Chairperson Hurley asked
whether mitigation of odors should also be addressed in this section. Mr. O'Malley
noted that odors are addressed in the comment letter. Member Voce suggested adding
"and odors" after the word vectors in this sentence.
Chairperson Unrath referred to Page 59 and asked if the pump station would have to
comply with Orange County or City of Seal Beach requirements since the station
straddles the city boundary. Mr. Cummins stated that the actual facility will be
constructed on the Long Beach side of the property line, so the station must comply with
the City of Long Beach Fire Department regulations, but the whole site sits partially on
County property, which is why the County of Orange is the lead agency for the project.
Chairperson Unrath then stated that he would like to include a statement having to do
with mitigation measures in the event that an engine failure occurs. Mr. Cummins
recommended thoroughly reviewing the document to ensure that this was not already
included, and if not, to include a comment on this in the draft letter. Chairperson Unrath
asked if access across the Boeing property should be considered, since the Boeing
construction would be taking place at approximately the same time. Mr Cummins
stated that Adolfo Lopez Drive was indicated as it is already an access roads that runs
along the rear of the Hellman property. Member Voce asked if construction equipment
would be using Adolfo Lopez. Mr. Cummins confirmed that this was correct, but stated
that the bulk of the construction would occur at the beginning of the project, when
grading is to be done. Member Voce expressed his concern over damage to the roads
if there were a lot of construction traffic. Mr. Cummins stated that although Member
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of August 20, 2003
Voce's concerns were quite valid, with the amount of construction traffic involved he did
not believe this would be a problem.
MOTION by Hurley; SECOND by Voce to authorize the Chairman to sign the draft
response letter, with any corrections and additional comments determined appropriate.
Instruct staff to forward to the City Council for authorization to have Mayor sign letter.
Receive and File Staff Report.
MOTION CARRIED: 4 - 0 - 1
AYES: Unrath, Hurley, O'Malley, and Voce
NOES: None
ABSENT: Barton
9. CITY RESPONSE LETTER RE: NOTICE OF PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT, RE: SUNSET MARINA HARBOUR
EXPANSION
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 authorization to have Mayor sign letter. Receive and File Staff
Report.
Staff Report
Mr. Cummins provided some background on this item and indicated that the County of
Orange is circulating this Notice of Preparation (NOP), to provide notification of its intent
to prepare an Environmental Impact Report (EIR). The NOP provides an opportunity for
related agencies and jurisdictions to give their input on what topical areas should be
addressed in the EIR. He stated that the County proposes to expand the Sunset Marina
Harbour, adding approximately 300 trailer vehicle parking spaces and to create a
separate 7.5-acre area for use as a boat storage facility. He noted that Staff has
essentially commented on areas that require specific attention, as these would impact
the City of Seal Beach, such as proviSion of sewer and water services. He indicated
that the letter also notes that the National Wildlife Refuge must remain undisturbed, and
compatibility with the City of Seal Beach General Plan (GP) and the Coastal Act
Chapter 3 policies is also addressed. Mr. Cummins stated that Staff had suggested that
City and county representatives meet prior to circulating the NOP to ensure that the
City's concerns were adequately presented and understood. He then stated that Staff
would propose that CC authorize contracting of a specialized consultant that deals with
EIRs in order to ensure that the County takes the City's concerns seriously.
Vice-Chairperson Hurley provided recommendations for grammatical revisions, which
were noted by Mr. Cummins. Vice-Chairperson Hurley referred to Comment No. 3
related to the wetland area and stated that he would like to see the text state, "another
limited development alternative, in addition to NO.3 should be analyzed, including
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of August 20, 2003
increasing the total wetland area." Mr. Cummins noted that if the County were to
increase the total wetland area as stated within alternative No.3, this would accomplish
everyone's objective. Member Voce emphasized that the Board wishes to ensure that
the comments include analysis on increasing the total wetland area. Mr. Cummins
stated that Comment No. 3 is included because wetland Issues are not adequately
addressed in the NOP, and Staff wishes to ensure that the EIR includes at least one
smaller development alternative than what the County proposes, and this alternative
should include a total wetland area greater than what is currently found at this site. He
then read aloud the text related to this as it appears in the draft letter. Chairperson
Unrath noted that the comment should state, "added to the EIR" rather than simply
saying, "analyzed." Mr. Cummins suggested the following text:
f~ limited development alternative should be analyzed within the EIR,
including increasing the total wetland area for the entire project. "
Member Voce stated that the text should state: f~ limited development
alternative should be analyzed within the EIR that includes increasing the total
wetland area for the entire project. "
Member O'Malley stated that it seemed strange that the City of Huntington Beach was
not included in the list of recipients as access to this location is through the City of
Huntington Beach and any traffic impact would directly impact that city. Mr. Cummins
confirmed that the City of Huntington Beach had received a copy of the NOP.
Chairperson Unrath stated that he was having difficulty deciphering the maps of the
Sunset Marina provided and requested that the maps be made easier to read. He then
noted that he had serious concerns about Alternative No.3, a recreational vehicle (RV)
park. Mr. Cummins stated that the position of the City of Seal Beach is that a
recreational vehicle land use should not be allowed. Chairperson Unrath recommended
that text be added to state that no permanent RV parking would be allowed, and
enforcement would be applied, with only temporary use of the RV facility allowed. Mr.
Cummins interjected that this type of comment would be premature at this point.
Member O'Malley pointed out that on the first page of the NOP when analysis of the
sewer system is addressed, it does speak of the RV park and the increased use of
sewer facilities.
MOTION by Hurley; SECOND by Voce to Authorize the Chairman to sign the draft
response letter, with additional comments as determined appropriate. Instruct staff to
forward to the City Council for authorization to have Mayor sign letter. Receive and File
Staff Report.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Unrath, Hurley, O'Malley, and Voce
None
Barton
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City of Seal Beach Environmental Quality Control Board
Meetmg Mmutes of August 20, 2003
7. Comments on the Draft General Plan/Local Coastal Program Negative
Declaration
Recommendation: Provide comments as deemed necessary by the Board
regarding the Negative Declaration regarding the proposed revisions to the
General Plan & Local Coastal Program.
Staff Report
Mr. Cummins stated that this document was sent out for public review approximately
one month ago. He explained that the General Plan (GP) is the governing framework
for all development within the City. He then stated that the Local Coastal Plan (LCP) is
essentially a mini-general plan for the Coastal Zone. He indicated that the intent of the
Coastal Act was to allow all cities to have permitting authority with appeal authority to
the California Coastal Commission (CCC). He reported that under CEQA, anytime you
complete a project like this, you must have a master CEQA document that analyzes the
environmental effects of what you are creating. He said that Staff has determined that a
Negative Declaration (ND) is required, and has circulated the ND for the 30-day public
review period, which runs from July 27, 2003 through August 27, 2003. He continued
by stating that the GP revision does not propose substantive changes over what the
existing GP reflects, but simply provides updates on the sections relating to air and
water quality. He explained that the EQCB is not charged with making any formal
recommendation on this document, but to simply provide comments. Vice-Chairperson
Hurley asked when the final hearing for this document would be. Mr. Cummins reported
that it would be heard before the Planning Commission on September 17, 2003.
Vice-Chairperson Hurley referred to the Circulation Element section on Page 4 and
questioned the statement that "traffic impacts will remain at a less than significant level,"
when the intersection at Seal Beach Boulevard and the 1-405 is already at the significant
impact level. Mr. Cummins pointed out that the ND is analyzing the ultimate build out
plan for this intersection, which would include a 6-lane bridge over the 1-405 Freeway.
Vice-Chairperson Hurley insisted that the word "remain" must be changed to reflect
what is actually the current level of impact. Member Voce suggested using the words
"traffic impacts will be reduced to a less than significant impact." Mr. Cummins
interjected that the GP currently shows improvements that if constructed would reduce
the impacts to less than significant levels, making it accurate to state that the current
GP Circulation Element has a less than significant impact under CEQA, so the change
between that situation and the new situation, which are essentially the same, would be
non-significant. Vice-Chairperson Hurley stated that he wished to recommend that the
text be changed to read, "Deficiencies were addressed and improvements were
identified. No new environmental impacts will result from the update of the Circulation
Element of the General Plan." He then asked the Associate Planner if the LCP includes
separate elements as in the GP or just the implementation Plan? Mr. Cummins
responded that there are separate elements, but all that is currently under review is the
Land Use Plan, which would give the City the ability to issue permits for smaller projects
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of August 20, 2003
within the Coastal Zone. Vice-Chairperson Hurley asked why the GP Land Use
Element, the Coastal Land Use Plan, and any associated ordinances could not be
incorporated into the Local Coastal Program. Mr. Cummins explained that the reason
they are not incorporated is because when changes are made to the GP that affect
areas outside the Coastal Zone, these changes must go before the CCC for approval,
and with a separate LCP Coastal Commission review would not be required. Vice-
Chairperson Hurley then asked if the Implementing Actions Program consists of only
those elements of the City's GP that apply in the Coastal Zone? Mr. Cummins stated
that the Implementing Actions Program would principally be done through an
amendment to the Zoning Ordinance, which would create a Coastal Zone Development
Standards section and would also include coastal district zoning maps and other
potential exhibits. Vice-Chairperson Hurley then noted that for the sake of consistency
with the items that follow Item 3-11 a) on Page 19, the note on degree of impact should
be changed to reflect (No Impact). Mr. Cummins explained that Item a) could create an
impact, while the other items definitely would not. Vice-Chairperson Hurley then noted
grammatical corrections to the subparagraph to Item a), which were noted by the
Associate Planner. Vice-Chairperson Hurley then suggested that a "special quotation"
be added to the Noise Element regarding the sensitive population in Leisure World. He
then referred to Item 3.15 b) on Page 22 and asked how the last sentence in the
subparagraph relates to a commitment in the GP/LCP to implement this
recommendation. Mr. Cummins stated that the sentence states that the adoption of a
new GP will not exceed in any way the level or standard established by the County
Congestion Management Agency, and goes on to state that the City has previously
approved the Hellman Ranch and Boeing projects, which are not yet built and were
already analyzed in separate EIRs with separate mitigation measures with which they
must comply. Member Voce inquired if CC had already approved the EIR for the
Boeing Project. Mr. Cummins confirmed that it was approved.
Member Voce apologized for not having a complete list of his comments available for
presentation tonight, but he said he did have concerns and would be submitting his
written comments to the Associate Planner by the September 27,2003 deadline.
6. APPROVAL OF MINUTES - July 30,2003
Recommendation: Approve Minutes subject to any corrections determined
appropriate.
Chairperson Unrath noted a correction to Page 3, Line 17.
Member Voce abstained from voting on this item, as he was not present at the meeting
of July 23, 2003.
Vice-Chairperson Hurley questioned whether his comment on Page 6, beginning with
Line 11 was accurately recorded, and requested that this be verified with the audiotape
recording. He requested that the Associate Planner contact him with the outcome.
Chairperson Unrath interjected that as he recalled, Vice-Chairperson Hurley had stated
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City of Seal Beach Environmental Quality Control Board
Meeting Mmutes of August 20, 2003
that he thought that the Navy would analyze the soil between the fence and Seal Beach
Boulevard, but did not expect the Navy to tear up the pavement to test the soil
underneath. Vice-Chairperson Hurley was in agreement with Chairperson Unrath's
recollection.
MOTION by Hurley; SECOND by O'Malley to approve the Meeting Minutes of July 23,
2003 with the change, if any is needed to clarify Vice-Chairperson Hurley's statement.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Unrath, Hurley, and O'Malley
None
Barton
Voce
VI Staff Concerns
Mr. Cummins reported that the EIR for the Boeing Project was certified at the July 28,
2003 City Council meeting and the project was approved in its entirety at the most
recent Council meeting.
VII Board Concerns
Vice-Chairperson Hurley asked the Associate Planner to explain why the Negative
Declaration (ND) for the City's General Plan (GP), which is a CEQA document, was not
scheduled for a public hearing. Mr. Cummins explained that the CEQA Guidelines do
not require that a public hearing before the EQCB be conducted for this type of
document. He said that typically City policy has been to conduct a formal public hearing
before the EQCB for EIRs. Member Voce interjected that a Board Member could
comment that he or she is of the opinion that this document should not be a ND, but that
an EIR would be in order.
Vice-Chairperson Hurley stated that Page 3 of the GP notes that City Council has
adopted 4 general goals and 21 objectives. He requested a copy of the 21 objectives
be provided to the EQCB members.
Chairperson Unrath asked if the DWP Project would require an EIR. Mr. Cummins
stated that this would depend upon what the actual project would be, but Staff
anticipates that an ad hoc committee will convene to discuss this. He said he would
report to the Board when more information is available. Chairperson Unrath requested
that Staff provide a status on the desalinization project during the next meeting of the
EQCB.
VIII Adjournment
MOTION by Hurley; SECOND by Voce to adjourn to the scheduled September 2003
meeting date.
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City of Seal Beach Environmental Quality Control Board
Meetmg Mmutes of August 20, 2003
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Unrath, Hurley, O'Malley, and Voce
None
Barton
Chairperson Unrath adjourned the meeting at 8:30 p.m.
Respectfully Submitted,
~~~~-~-
Carmen Alvarez, Executive Secretary
Department of Development Services
The Board on September 24, 2003, approved the Minutes of the Environmental Quality
Control Board of Wednesday, August 20, 2003. ~ .
08-20-03 EQCB Mmutes.doc
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