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HomeMy WebLinkAboutEQCB Min 2004-02-25 .~ 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 February 25, 2004 Chairperson Unrath called the Environmental Quality Control Board (EQCB) meeting of February 25, 2004 to order 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, O'Malley, and Voce None Also Present: Department of Development Services Mac Cummins, Associate Planner II Approval of Agenda MOTION by Hurley; SECOND by Voce to approve the Agenda as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Unrath, Barton, Hurley, O'Malley, and Voce None None III Oral Communications Chairperson Unrath opened oral communications. Mr. Don May stated he was present tonight on behalf of the Los Cerritos Wetlands Land Trust (LCWL T). Chairperson Hurley asked for the location of the Los Cerritos Wetlands. Mr. May stated that it runs between Pacific Coast Highway (PCH) up as far as Long Beach up to Loynes Drive and into the City of Westminster and includes the Hellman Ranch and the Bryant, and Bixby properties. He indicated that the term that applies to this area is "the old 2,800-acres of estuary of the San Diego River." He noted that the LCWL T board meeting is scheduled for tomorrow evening and he is present tonight to state that the Trust sees the City of Seal Beach as a strong ally in wetland restoration, in particular because now the City has acquired the first 100 acres and will enter into a conceptual plan under the Coastal Conservancy. He asked if the EQCB had been involved in looking at the City's plans for the wetlands. Mr. Cummins 1 These Minutes were transcribed from an audiotape of the meeting. 02-25-04 EQCB Minutes.doc Page 1 of 8 .~ 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 indicated that the Board would be looking at any environmental impacts of the plans. He said that because a number of the wetland issues have not been fully mapped out, the Board has not had an opportunity to review them. Mr. May asked which City group would be involved with this. Mr. Cummins stated that City Council would be looking at these issues and to the extent CEQA documents are necessary the EQCB would review these documents. Mr. May asked which City representative would be participating in the Conservancy process. Mr. Cummins stated that he was not certain who this would be. Mr. May asked how he would go about doing a presentation before City Council. Mr. Cummins referred Mr. May to the City Manager's Office. Mr. May stated that the LCWL T was formed with the idea of consolidating properties in the public interest. He noted that the agenda for the next conceptual plan meeting is to be available as soon as the purchase is finalized. There being no one else wishing to speak, Chairperson Unrath closed oral communications. IV Consent Calendar 1. RECEIVE AND FILE - Staff Report to EQCB Re: Final Project Work Plan, Non-Time Critical Removal Action Installation Restoration Program, IR Sites 4 & 7. Report dated January 23,2004. MOTION by Hurley; SECOND by O'Malley to approve the Consent Calendar as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Unrath, Barton, Hurley, O'Malley, and Voce None None V Scheduled Matters 2. APPROVAL OF MINUTES - September 24,2003 Recommendation: Approve Minutes subject to any corrections as needed. Vice-Chairperson Hurley noted changes to Page 3, Line 18 to read "response letter, as amended." He then referred to Page 4, Line 40 and recommended that the phrase "with any additional comments determined appropriate," be deleted. MOTION by Voce; SECOND by Hurley to approve the Meeting Minutes of September 24,2003 as amended. MOTION CARRIED: AYES: NOES: 3-0-2 Unrath, Hurley, and Voce None 02-25-04 EQCB Minutes.doc Page 2 of 8 .~ 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 February 25, 2004 ABSENT: ABSTAIN: None Barton and O'Malley 3. Memorandum to EQCB Re: Update Re: Gum Grove Nature Park Dedication and Hellman Wetland Restoration. Recommendation: Receive and File. Mr. Cummins stated that this item is an information item for the Board. He said that Member Voce had inquired about a number of issues related to the acquisition of Gum Grove Nature Park and the sale of the 100-acre wetlands. He noted that specifics are not included in the memorandum as many of these issues are still in flux. He said that dedication of the park is subject to the applicant meeting all of the conditions for California Coastal Commission (CCC) approval, one of which is that a series of deed restrictions must be placed upon the property and recorded. He stated that John Laing Homes (JLH) provided the draft language for the deed restrictions, which the CCC is in the process of reviewing. With regard to the lowland wetland area, Staff contacted the Hellman Properties and they are evaluating possible remediation of environmental issues on the site as part of the transfer of sale. Vice-Chairperson Hurley asked if JLH is the only agency Staff has to deal with regarding the dedication of Gum Grove Park. Mr. Cummins stated that JLH is driving this process so that they can begin construction on the development of homes. Vice- Chairperson Hurley asked who the owners are. Mr. Cummins stated that JLH is all part of the Hellman Property. Chairperson Unrath asked if the offer for Gum Grove Nature Park had been accepted in 2003. Mr. Cummins stated that the City has accepted the offer but has not yet taken title to the land. Chairperson Unrath asked if the city had accepted the 100 Acres. Mr. Cummins reported that the Hellman Family still owns the 100 acres and they are looking at potential options for this land and are working with the Wildlife Conservation Board in developing a remediation plan that will allow acquisition of this property. Chairperson Unrath asked if earth would be moved around during remediation of the wetlands. Mr. Cummins stated he could not provide an answer at this point, as currently there is no definitive plan. Chairperson Unrath asked if remediation does involve significant earth moving, would an Environmental Impact Report (EIR) be required. Mr. Cummins stated that if CEQA requires it, an EIR would be prepared. Vice-Chairperson Hurley asked who is involved with negotiations for this land. Mr. Cummins stated that the original plan was that the Coastal Conservancy would take title and do the wetland restoration, but now the Wildlife Conservation Board has become involved. He noted that part of the Specific Plan (SP) was to have that area restored. Member Voce read from a letter he had received in January 2004 from Jane McCloud requesting a meeting with the City Department of Public Works to discuss maintenance work to be performed within Gum Grove Nature Park. He said that he had requested an update on the dedication in order to make a projection as to when a maintenance 02-25-04 EQCB Minutes.doc Page 3 of 8 .~ 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 February 25, 2004 program could be established. Chairperson Unrath asked when it might be advantageous to hold public discussions on future applications for Gum Grove Nature Park. Mr. Cummins stated that this issue should be addressed with City Council. Member Voce emphasized the importance of the EQCB being involved in review of any determinations made for the use and maintenance of Gum Grove Nature Park. Mr. Cummins noted that if the Board wished to accept public comment on this item tonight, they could do so, but there would be no action taken on this item. Public Comment Mr. Don May stated that remediation must take place on this site before the state can accept an OTV on the property. He said that it was his understanding that the EQCB reviews remediation issues, particularly for the municipal dumpsite that is out there. He asked if the EQCB has looked at the extent of remediation on the municipal dumpsite. Mr. Cummins stated that the EQCB has not yet looked at this and this would be dependent upon the remediation plan submitted to the City. Member Voce interjected that the Board was not even aware that there is a municipal dumpsite out there. Mr. May stated that this is an issue that has been discussed since the 1950s when the pier was dumped out there. He asked if the Board was aware that until the municipal site is cleaned up the City is under the Act? Mr. Cummins stated that the Board primarily looks at environmental impacts of proposed development, and are charged with reviewing EIR's and Negative Declarations (ND). He said that generally the EQCB does not review City projects, as these projects are generally handled by City Council unless state law determines that the CEQA process applies. Mr. May stated that FELAMDL basically states that when any kind of a dump exists, until DTSC has certified the clean up, building permits cannot be issued within a 2,500 foot radius of the site. He said that he thought the EQCB would be reviewing this. Mr. Cummins stated that the EQCB would have reviewed the EIR related to the Hellman Ranch development as a whole; however, at this point Staff has received no application for proposed remediation to this area. Mr. May then stated that as he understands the CCC must approve the lot split. Mr. Cummins stated that there were many other "housekeeping" items that had to be taken care of and there was much disagreement between CCC staff and the Hellman Family regarding the interpretation of specific conditions. He reiterated that the deed restriction is the main issue delaying the dedication. Chairperson Unrath noted that if an EIR were required on this project, now that the Board has been made aware of the municipal dumpsite, they would be more cognizant of seeing the site discussed in an EIR document. Mr. May provided the Coastal Conservancy web address for those Board members wanting to learn more about the planning process. He then inquired as to who would be involved in the planning process for the 100 acres. Mr. Cummins stated that although the City will participate in reviewing the remediation processes for this area, ultimately the agency that takes ownership of the 100 acres would work with the Hellman Family in completing this process, but the City will have oversight. Vice- Chairperson Hurley inquired whether City Council or the Planning Commission would have to approve the remediation plan prior to it proceeding. Mr. Cummins stated that the plan would be forwarded to City Council for information, but there would be no action required, unless stated in the development agreement. He reiterated that the 02-25-04 EQCB Minutes.doc Page 4 of 8 .~ 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 February 25, 2004 process involves a private party (the Hellman Family) giving the land to the state for remediation, with the City's only involvement being to make sure that the land is remediated to a level that is satisfactory to the City. Mr. May interjected that as he understands the City would be the principally responsible party since this is a City dump. Mr. Cummins explained that the 100 acres would be deeded over and beyond that there would be a wetlands restoration effort undertaken. He said that as it currently stands, the City would not be taking title of the land. Mr. May asked when the issue goes before the CCC would this still be under original permit jurisdiction. Mr. Cummins stated that this was correct unless it was permitted as part of the original Hellman Ranch development, in which case it might require some sort of amendment. Mr. May asked should the state require that the City clean up the dump site, are there funds available to do so? Mr. Cummins stated that Hellman is aware of the dumpsite and is currently conducting studies on this site, but at this point it would be difficult to speculate as to the findings at this point. Mr. May asked about the $140,000 designated for improvements to Gum Grove Nature Park. Mr. Cummins stated that this is an item negotiated by the City as part of the Mello-Roos Tax Financing District attached to Heron Pointe Homes. He said the funds would be used for restoration or planting of additional new trees, and possibly doing some ADA accessibility types of projects for access to the park. Member Voce stated that as soon as the funds are available, the community must be prepared to take action on beginning the improvements. Ms. Adria Stoker of Long Beach asked who approved the trimming of the eucalyptus trees in Gum Grove Nature Park. Mr. Cummins referred Ms. Stoker to the City Public Works Department. Ms. Stoker asked if the EQCB handled this type of environmental issue. Mr. Cummins stated that the Board would not be involved with general maintenance of trees within the City. Member Voce stated that he had requested that the City schedule a general clean up at Gum Grove Park, but what happened was that Public Works "scalped" the park, so that now it no longer looks like a nature park. He said that he had discussed this with Doug Dancs, Director of Public Works, and Bob Eagle, Public Works Supervisor, and was told that Bob Eagle had presided over the clean up project. He said that Mr. Eagle has worked for the City for many years and is quite familiar with Gum Grove Park, yet he had told Mr. Voce that the City has no guidelines for this park. Member Voce stated that he had told Mr. Eagle that this was totally inappropriate for this nature park and he will be requesting that the City establish guidelines for Gum Grove Nature Park. He stated that he would be remise to not have presented this incident before the Board as Gum Grove is within the district he represents. He commented that this incident comes after last year's episode of Staff unlocking the gate to allow a bulldozer to enter the park and dump dirt in the park, which is still there. Member Voce then proceeded to state that the EQCB needs to know what is going on environmentally within the City and is not here simply to review EIRs. He said that the category for the EQCB is environment, and within that jurisdiction it is whatever CC decides they want the EQCB to look into, and this does not apply just to technical documents but also to the environmental needs of the City. He noted that all of this needs to be on the record. Vice-Chairperson Hurley asked why the City was having the County trim or remove debris from Gum Grove Nature Park? Mr. Cummins stated that the Director of Public Works should address this question. Member Voce 02-25-04 EQCB Minutes.doc Page 5 of 8 .~ 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 February 25, 2004 stated that this was what he was told by the Public Works Department. He said that the County has been doing this every year over the years. He explained that the Orange County Fire Authority (OCFA) brings in a crew from the corrections facility to do the clean up work. Member Barton stated that she believed a nature park should be sort of overgrown but not messy. She said it should not be a well-groomed landscape. She asked if guidelines needed to be established for clean up of this area. Member Voce stated that the Gum Grove Committee welcomes any suggestions from the community. (Recording tape was interrupted by technical malfunction at this point. Uncertain as to how many minutes of meeting went unrecorded.) MOTION by Hurley; SECOND by Voce to receive and file Memorandum to EQCB Re: Update Re: Gum Grove Nature Park Dedication and Hellman Wetland Restoration. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Unrath, Barton, Hurley, O'Malley, and Voce None None VI Staff Concerns None. VII Board Concerns Member Voce expressed his concerns with doing more about water quality within the City. He provided Staff with copies of the Non-Point Source Water Pollution documents for review and possible distribution. Member Barton referred to the City response letter for Site 7, dated October 29, 2003, Page 3, Paragraph 2, and asked who pays the removal cost as listed in the letter. Mr. Cummins stated that the Navy pays this cost. Member Barton then referred to the letter to the South Coast Air Quality Management District dated October 17, 2003, and stated that the letter was very well written. Vice-Chairperson Hurley referred to the documents related to the San Gabriel River Master Plan and inquired whether there was an Environmental Impact Report (EIR) ready for review. Mr. Cummins stated that this was an informational report on this multi- jurisdictional issue, which does not require an EIR. Vice-Chairperson Hurley asked why the October 2003 EQCB meeting was not held. Mr. Cummins stated that this meeting was not held because there were no pressing items to present to the Board. Vice- Chairperson Hurley countered that the September 24, 2003 minutes reflect discussion 02-25-04 EQCB Minutes.doc Page 6 of 8 .~ 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 February 25, 2004 on three different items that were to have appeared on the October 2003 agenda. Mr. Cummins explained that due to a limited number of available Staff members and Staff having to prepare reports at the direction of both City Council and the Planning Commission, all agenda items must be prioritized based upon other demands on Staff time. Vice-Chairperson Hurley noted that the Board had not convened since September 24,2003. Mr. Cummins explained that every attempt is made to schedule action items for the EQCB in as timely a manner as possible, but any Receive and File items that require no action would be held over for a future EQCB agenda. Chairperson Unrath interjected that one of these meetings had been canceled due to a lack of a quorum and another had to be canceled due to the holidays, and another meeting did not take place due to the birth of Mr. Cummins son. Vice-Chairperson Hurley stated that one of the items in the Receive and File items was the City response to the Draft Project Work Plan dated October 29, 2003, which reflected a deadline of November 13, 2003. He noted that the Board could have discussed this item and forwarded their comments to City Council had they convened on October 29,2003. Chairperson Unrath requested an update on the DWP Property. Mr. Cummins stated that Staff believes a completed application will be submitted within the next month. He said that Staff had completed a "laundry list" of items that the owners would have to submit. He indicated that Staff has not yet received a response. He noted that the EQCB would probably have at least one or more Environmental Impact Scoping Sessions based upon what the ultimate project description will be. Chairperson Unrath asked what the timeline might be. Mr. Cummins explained that first there is a separate tract process during which review of the land use issues on this property would take place. Vice-Chairperson Hurley asked if there were a deadline for submittal of the application. Mr. Cummins stated that the applicant could take as long as necessary to submit the application. VIII Adjournment MOTION by Barton; SECOND by Voce to adjourn to the scheduled meeting in March 2004. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Unrath, Barton, Hurley, O'Malley, and Voce None None Chairperson Unrath adjourned the meeting at 7:45 p.m. 02-25-04 EQCB Minutes.doc Page 7 of 8 . f .~ 3 4 5 6 7 8 9 10 11 12 . . City of Seal Beach Environmental Quality Control Board Meeting Minutes of February 25, 2004 Respectfully Submitted, Carmen Alvarez, Executive Secreta Department of Development Services The Board on March 31, 2004, approved the l\1lQutes of the Environmental Quality Control Board of Wednesday, February 25, 2004. ~ 02-25-04 EQCB Minutes.doc Page 8 of 8