HomeMy WebLinkAboutEQCB Min 2004-07-28
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1CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes of July 28, 2004
Vice-Chairperson Hurley called the Environmental Quality Control Board (EQCB)
meeting of July 28, 2004 to order at 6:30 p.m. The meeting was held in City Council
Chambers and began with the Salute to the Flag.
Pledge of Allegiance
II Roll Call
Present:
Vice-Chairperson Hurley, Members Barton, O'Malley, Vineyard,
and Voce
Absent:
None
Also
Present:
Department of Development Services
Lee Whittenberg, Director
Mr. Whittenberg noted for the record that all members were present and accounted for.
He then welcomed the new member for District 4, Mr. Clif Vineyard. Vice-Chairperson
Hurley also welcomed Member Vineyard.
III Election of Chairperson and Vice-Chairperson
Vice-Chairperson Hurley stated when the EQCB had voted to delay elections until the
member for District 4 was formally appointed, he had no intention that elections occur
the moment Member Vineyard arrived for the meeting. He said although he would like
to hold the elections as soon as possible, he believes it be fair to postpone the elections
until Member Vineyard is better acquainted with the other members to allow him to cast
a meaningful vote.
Member O'Malley stated that since the comment letter on the Haynes Generating
Station is to be signed by the EQCB Chairperson, would not electing a chairperson
have any impact on this? Mr. Whittenberg stated that this would not have an impact as
the signature could be changed to reflect the Vice-Chairperson's signature.
MOTION by Barton to continue elections to two meetings from tonight's Environmental
Quality Control Board Meeting.
1 These Minutes were transcribed from an audiotape of the meeting.
07-28-04 EQCB Minutes.doc
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.46
City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 28, 2004
Member Voce asked how long elections should be postponed, as previously elections
had been postponed for almost 6 months. Vice-Chairperson Hurley asked whether Mr.
Whittenberg had any recommendations regarding this. Mr. Whittenberg suggested
placing this item on the next meeting agenda. He noted that this was a decision for the
Board. Vice-Chairperson Hurley suggested that it be placed on the EQCB agenda two
meetings from tonight's meeting. He then asked Member Vineyard how he felt about
this. Member Vineyard said this sounded fine. Member Voce asked how this would be
handled, since this is an item on tonight's agenda. Vice-Chairperson Hurley stated that
the agenda was not being changed; the Board was simply deciding not to hold the
elections tonight.
Member O'Malley asked for further discussion and stated that he agrees with Member
Voce and does not see the necessity for postponing elections. He asked why elections
could not be conducted at the next meeting. Mr. Whittenberg stated that the item could
be continued to be the last item on tonight's agenda for further discussion.
Member Barton rescinded her previous motion.
MOTION by Voce; SECOND by O'Malley to continue Item III, Election of Chairperson
and Vice-Chairperson, to the end of tonight's agenda for further discussion.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hurley, Barton, O'Malley, Vineyard, and Voce
None
None
IV Approval of Agenda
Member Barton requested that Item No. 4 be removed from the Consent Calendar for
further discussion.
MOTION by Voce; SECOND by O'Malley to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hurley, Barton, O'Malley, Vineyard, and Voce
None
None
V Oral Communications
Mr. John Unrath recommended as a procedural matter that Board elections occur at the
end of this meeting.
07-28-04 EQCB Minutes.doc
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 28, 2004
VI Resolutions of Commendation
1. Resolution No. 04-1, A Resolution Of The City Of Seal Beach Environmental
Quality Control Board Recognizing, Honoring, And Commending John Unrath
For His Dedicated Service To The City Of Seal Beach As Chairman Of The
Environmental Quality Control Board.
Recommendation: Adopt Resolution 04-1.
Mr. Whittenberg noted that the draft of Resolution 04-1 was prepared prior to Member
Vineyard's appointment, and the final draft would include a signature line for Member
Vineyard. He stated that the final draft would be ready at the end of tonight's meeting
for the Members' signatures.
MOTION by Voce; SECOND by Barton to approve Resolution 04-1 Recognizing,
Honoring, And Commending John Unrath For His Dedicated Service To The City Of
Seal Beach As Chairman Of The Environmental Quality Control Board as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hurley, Barton, O'Malley, Vineyard, and Voce
None
None
Mr. Whittenberg stated that it had been a pleasure working with Mr. Unrath and the
resolution will be nicely framed and delivered to him. On behalf of the City of Seal
Beach and Staff, he thanked Mr. Unrath for his time and dedication in serving on the
EQCB. Member Unrath stated that he had enjoyed working with all of the members of
the Board and thanked them for their participation in reviewing the various
environmental documents. He also thanked the City for the very nice plaque presented
to him.
2. Resolution No. 04-2, A Resolution Of The City Of Seal Beach Environmental
Quality Control Board Recognizing, Honoring, And Commending "Mac"
Cummins For His Dedicated Service To The City Of Seal Beach As Secretary
Of The Environmental Quality Control Board.
Recommendation: Adopt Resolution 04-2.
Member Voce stated that not only does the Secretary of the EQCB have to guide the
Board in dealing with the review of various complex environmental documents and
issues, but must also go through a "crash course in public psychology." He thanked
Mac for doing such good job in guiding the Board through these processes.
MOTION by Voce; SECOND by Barton to approve Resolution 04-1 Recognizing,
Honoring, And Commending "Mac" Cummins For His Dedicated Service To The City Of
Seal Beach As Secretary Of The Environmental Quality Control Board.
07-28-04 EQCB Minutes.doc
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 28, 2004
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hurley, Barton, O'Malley, Vineyard, and Voce
None
None
Mr. Cummins stated that he had enjoyed working with the EQCB and watching the
members evolve into a very cohesive group as they dealt with various environmental
issues and made recommendations to City Council on many diverse projects that have
affected the City. He thanked the members of the Board and indicated that it has been
an honor working with them.
Mr. Whittenberg also thanked Mac Cummins for his assistance in serving as Secretary
to the EQCB.
Vice-Chairperson Hurley asked what the text was on the plaque presented to Mr.
Unrath. Mr. Whittenberg stated that the plaque usually includes the name of the
recipient, position held, and the dates of service. He described it as a tile plaque with
the city seal imprinted on it.
Member Barton thanked Mac for providing his assistance in guiding her through some
of the environmental documents to be reviewed by the EQCB. She also thanked Mr.
Unrath for his service on the EQCB and for the courteous manner he always displayed.
VII Consent Calendar
3. RECEIVE AND FILE - Comment Letter dated June 14, 2004 from City of
Seal Beach re: Draft Environmental Impact Report, Sunset Harbour Marina
Boat Launch Parking and Dry Boat Storage Expansion.
5. RECEIVE AND FILE - Staff Report re: Draft Pilot-Test Report for In Situ
Enhanced Bioremediation at IR Site 40, Naval Weapons Station Seal Beach,
Seal Beach, California.
6. RECEIVE AND FILE - Staff Report dated June 23,2004 re: Seal Beach naval
Weapons Station - Installation Restoration Program - Status Report re: RAB
Project Update.
MOTION by Voce; SECOND by O'Malley to approve the Consent Calendar as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hurley, Barton, O'Malley, Vineyard, and Voce
None
None
07-28-04 EQCB Minutes.doc
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 28, 2004
VIII Scheduled Matters
4. RECEIVE AND FILE - Staff Report re: Final Record of Decision/Remedial
Action Plan - Operable Unit 4, IR Site 40, Naval Weapons Station, Seal
Beach.
Member Barton referred to the Agenda Report, Attachment 1, Page 2, 5th paragraph,
and commented that it was very nice to include this paragraph in which appreciation is
extended to the Navy for the work done on this site. She stated that this was very
commendable.
MOTION by Voce; SECOND by O'Malley to Receive and File Staff Report re: Final
Record of Decision/Remedial Action Plan - Operable Unit 4, IR Site 40, Naval Weapons
Station, Seal Beach.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hurley, Barton, O'Malley, Vineyard, and Voce
None
None
7. APPROVAL OF MINUTES - June 2, 2004
Recommendation: Approve Minutes subject to any corrections as needed.
Mr. Whittenberg noted that Member Vineyard would abstain, as he was not in
attendance at the meeting of June 2, 2004.
MOTION by O'Malley; SECOND by Voce to approve the Meeting Minutes of June 2,
2004 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Hurley, Barton, O'Malley, and Voce
None
None
Vineyard
8. Approval Of Comment Letter Re: Draft Project Closeout Report - Non-Time
Critical Removal Action, Installation Restoration Program Site 7 (Station Landfill)
And Site 4 (Perimeter Road AOPCS 1 A and 2A), Naval Weapons Station.
Recommendation: Authorize the Chairman to sign the draft comment letter,
with any changes the Board deems appropriate. Instruct staff to forward to the
City Council for consideration and approval of final Comment Letter. Receive
and File Staff Report.
07-28-04 EQCB Minutes.doc
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 28, 2004
Member Barton noted a typographical error on Page 2, Paragraph 2, Line 3 of the Staff
Report where the dates appear to be reversed.
MOTION by O'Malley; SECOND by Voce to authorize the Chairman to sign the draft
comment letter, with any changes the Board deems appropriate. Instruct staff to forward
to the City Council for consideration and approval of final Comment Letter. Receive and
File Staff Report.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hurley, Barton, O'Malley, Vineyard, and Voce
None
None
9. Approval Of Comment Letter Re: Response To Notice Of Preparation Of Draft
EIR - Haynes Generating Station Units 5 & 6 Repowering Project, Long
Beach.
Recommendation: Authorize Chairman to sign draft comment letter, with any
changes the Board deems appropriate. Forward to City Council and Planning
Commission for information. Receive and File Staff Report.
Mr. Whittenberg noted that Staff had also prepared an Addendum Staff Report for this
item. He stated that in preparing the comment letter he noticed that he had neglected to
include some relevant information, so additional language dealing with hydrology and
water quality issues has been included. He noted that this new language appears on
Pages 1-3 of the Addendum Staff Report. He indicated that what Staff is saying is that
the EIR analysis must consider "impaired water quality standards in the San Gabriel
River" as identified by the Los Angeles Regional Water Quality Control Board
(LARWQCB) and as noted at the top of Page 2 of the Addendum Staff Report. He
stated that whether these may be impacted by this project needs to be evaluated and if
so, mitigation measures must be included. Member O'Malley stated that his comment
was that he wanted the EIR to address the discharge of the water into the estuary, since
it does empty into Seal Beach. Mr. Whittenberg commented that the Notice of
Preparation (NOP) does touch on this, but some of the permits are dated and there
have since been additional requirements imposed by the RWQCBs. The Director of
Development Services then referred to the second set of bulleted items on Page 2 and
stated that recently National Pollution Discharge Elimination System (NPDES) permit
requirements have been imposed upon both Los Angeles and Orange Counties by two
different RWQCBs. He indicated that as such these bullet points are now part of what
must be evaluated in the EIR document. He noted that the comment period technically
ended today, but the City of Seal Beach was able to acquire an extension from the
Department of Water and Power.
07-28-04 EQCB Minutes.doc
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 28, 2004
Member Barton referred to Page 9, 2nd Paragraph, 2nd Bulleted Item of the comment
letter and noted the text referring to "Saturday and Sunday shifts." She questioned
whether the work must go on 7 days a week. Member O'Malley inte~ected that night
shifts were also mentioned. Mr. Whittenberg stated that these are issues that will be
evaluated in the Draft EIR and as indicated in the comment letter, the last time a project
was undertaken at this site, the City was able to get DWP to install double-paned
windows in those Leisure World units nearest the project site. He did emphasize that
Staff would specify that no work should be done on Sundays; however, he cautioned
that the City of Seal Beach would not be the decision-making body on this project. The
Director of Development Services indicated that Staff would review the work done
approximately 2 years ago on the previous Haynes Project for Units 3 and 4. Vice-
Chairperson noted that with this new project a whole different section of LW residences
would be affected. Mr. Whittenberg stated that in the comment letter the City would
specify the LW units that might be affected and would benefit from installation of the
double-paned windows. Vice-Chairperson Hurley asked that Staff consult not only the
Golden Rain Foundation but also with the individual mutual officers for those LW units
affected.
Member O'Malley referred to Page 10, Line 3 of the Addendum Staff Report under
Aesthetics and recommended adding discussion of light and glare impacts upon LW
both during the construction and in the permanent phase, because the proposed EIR
does state that there will be additional lighting and night lighting for work being done at
night. Mr. Whittenberg indicated that this language could be added to the comment
letter, but this issue would be discussed in the Draft EIR.
MOTION by O'Malley; SECOND by Voce to authorize Chairman to sign draft comment
letter, with any changes the Board deems appropriate. Forward to City Council and
Planning Commission for information. Receive and File Staff Report.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Hurley, Barton, O'Malley, Vineyard, and Voce
None
None
Vice-Chairperson Hurley then returned to Item III, ELECTION OF CHAIRPERSON AND
VICE-CHAIRPERSON, and stated that he would not vote against this action if Member
Vineyard were comfortable in proceeding tonight with the elections. Member Vineyard
asked if it were possible to elect temporary officers, which could then be formalized after
2 or 3 months. Vice-Chairperson Hurley stated that he did not believe that waiting 2 or
3 months would be too long, but he would go along with whatever the Board decides.
MOTION by O'Malley; SECOND by Barton to conduct the election of Chairperson and
Vice-Chairperson tonight.
MOTION CARRIED:
AYES:
3-1-0-1
Barton, O'Malley, and Voce
07-28-04 EQCB Minutes.doc
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NOES:
ABSENT:
ABSTAIN:
City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 28, 2004
Hurley
None
Vineyard
Vice-Chairperson Hurley opened nominations for Chairperson.
Member O'Malley nominated Member Voce for Chairperson of the EQCB.
There being no other nominations, Vice-Chairperson Hurley closed the nominations for
Chairperson.
MOTION by O'Malley; SECOND by Barton to elect Mario Voce as Chairperson of the
Environmental Quality Control Board.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-1
Hurley, Barton, O'Malley, and Voce
None
None
Vineyard
Chairperson Voce opened nominations for Vice-Chairperson.
Member Barton nominated Member Hurley for Vice-Chairperson of the EQCB. Member
O'Malley seconded the motion. Vice-Chairperson Hurley expressed his gratitude for the
nomination but respectfully declined and stated that he felt it was time for another
member to accept this post.
Member Barton nominated Member O'Malley for Vice-Chairperson.
There being no other nominations, Chairperson Voce closed the nominations for Vice-
Chairperson.
MOTION by Barton; SECOND by Voce to elect Phillip O'Malley as Vice-Chairperson of
the Environmental Quality Control Board.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
IX Staff Concerns
5-0
Hurley, Barton, O'Malley, Vineyard, and Voce
None
None
Mr. Whittenberg reported that the Boeing Integrated Defense Systems (BIDS) Project is
scheduled for a hearing before the California Coastal Commission (CCC) on August 12,
07-28-04 EQCB Minutes.doc
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of July 28, 2004
2004 in San Pedro. He stated that if the Board members were interested in acquiring a
copy of the CCC Staff Report Staff could provide them a copy.
The Director of Development Services then indicated that the San Gabriel River
Mountains and Conservancy Master Plan EIR document was scheduled for release on
July 6,2004, but has not yet been released. He stated that Staff had received an e-mail
communication from the consultants on this project requesting information on how the
proposed projects that are a part of this Master Plan were consistent with the City's
general plan or other capital improvement plans. He said that at this point he was not
certain when the EIR is to be released, but noted that as soon as it is available copies
would be provided to the Board.
X Board Concerns
Member O'Malley welcomed Member Vineyard.
Member Barton stated that she was very pleased to have the blue divider sheets
inserted between the agenda items, and she was also pleased to receive the agenda
packet one week before the meeting to allow time to review the documents.
Chairperson Voce also welcomed Member Vineyard.
XI Adjournment
Chairperson Voce adjourned the meeting at 7:29 p.m. to the scheduled meeting of
August 25, 2004.
Respectfully Submitted,
~ >.~^~ ~~~9.- _
Carmen Alvarez, Executive Sec~tary
Department of Development Services
The Board on August 25, 2004, approved the Minutes of the Environmental Quality
Control Board of Wednesday, July 28, 2004. ~ .
07-28-04 EQCB Minutes.doc
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