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HomeMy WebLinkAboutEQCB Min 2005-06-29 .1 2 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 June 29, 2005 Chairperson Voce called the Environmental Quality Control Board (EQCB) meeting of June 29, 2005 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: Chairperson Voce, Members Barton, Hurley, and Vineyard Absent: None Also Present: Department of Development Services Lee Whittenberg, Director Christy Teague, Senior Planner Mr. Whittenberg reported that Member O'Malley has been appointed to the Seal Beach Planning Commission and will no longer be serving on the EQCB. Chairperson Voce requested that this be noted for the record. II Approval of Agenda Member Barton requested that Item No. 4 be removed from the Consent Calendar for further discussion. MOTION by Hurley; SECOND by Barton to approve the Agenda as amended. MOTION CARRIED: AYES: NOES: ABSENT: 4-0 Voce, Barton, Hurley, and Vineyard None None III Oral Communications None. 1 These Minutes were transcribed from an audiotape of the meeting. Page 1 of 10 .1 2 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 June 29, 2005 IV Consent Calendar 1. Receive And File: "City Of Seal Beach Comments Re: Draft EIR - Long Beach Home Depot," Dated June 13, 2005. 2. Receive And File: "City Of Seal Beach Comments Re: Notice Of Preparation Of Draft EIR - Seaport Marina Project," Dated June 13,2005. 3. Receive And File: Memorandum Re: "Provision Of Responses To Comments For Initial Study/Mitigated Negative Declaration 05-2, Surfside Colony Maintenance Facility And Residential Development: General Plan Amendment 05-1, Zone Change 05-1, And Tentative Parcel Map 2004-106 - (Sch. 2005031055)," Dated June 20,2005. 5. Receive And File: "Final First Annual Groundwater Monitoring Report, IR Sites 4,5,6, And 7, Naval Weapons Station, Seal Beach." MOTION by Hurley; SECOND by Barton to approve the Consent Calendar as amended. MOTION CARRIED: AYES: NOES: ABSENT: 4-0 Voce, Barton, Hurley, and Vineyard None None V Scheduled Matters 4. Receive And File: "Status Report Re: Boeing Window Replacement Project In Leisure World," Dated June 9, 2005. Member Barton asked how many Leisure World residents have requested to have their windows replaced. Mr. Whittenberg stated that he was not certain how many have responded, but there is still time to request replacement. He indicated that the notice letter was mailed to approximately 22 residents along Westminster Avenue across from the Boeing Project area. Member Barton requested that this information be provided to her once Staff is able to determine the number of residents requesting replacement. MOTION by Barton; SECOND by Hurley to Receive And File: "Status Report Re: Boeing Window Replacement Project In Leisure World," Dated June 9, 2005. MOTION CARRIED: AYES: NOES: ABSENT: 4-0 Voce, Barton, Hurley, and Vineyard None None 6. Approval Of Meeting Minutes of March 30, 2005. Page 2 of 10 .1 2 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 June 29, 2005 Recommendation: appropriate. Approve minutes with any corrections deemed Mr. Whittenberg noted that the minutes for both March 30, 2005 and April 13, 2005 were on the May 25, 2005 agenda; however, the EQCB agreed to continue these items to allow absent members to review them before taking any action. Member Hurley noted corrections on Page 3, Line 44 to read "85 dBs," and on Page 4, Line 19, to read, "in another, cleaner manner." Member Barton stated that she would abstain from voting on this item, as she was absent from the meeting of March 30, 2005. MOTION by Hurley; SECOND by Vineyard to approve the Meeting Minutes of March 30,2005 as amended. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 3-0-1 Voce, Hurley, and Vineyard None None Barton 7. Approval Of Meeting Minutes of April 13, 2005. Recommendation: appropriate. Approve minutes with any corrections deemed MOTION by Hurley; SECOND by Barton to approve the Meeting Minutes of April 13, 2005 as presented. MOTION CARRIED: AYES: NOES: ABSENT: 4-0 Voce, Barton, Hurley, and Vineyard None None 8. Approval Of Meeting Minutes of May 25, 2005. Recommendation: appropriate. Approve minutes with any corrections deemed Member Hurley stated that he would abstain from voting on this item, as he was absent from the meeting of May 25, 2005. MOTION by Barton; SECOND by Vineyard to approve the Meeting Minutes of May 25, 2005 as presented. Page 3 of 10 .1 2 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 June 29, 2005 MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 3-0-1 Voce, Barton, and Vineyard None None Hurley 9. City Response Letter Re: "Draft Engineering Evaluation/Cost Analysis (EE/CA), Non-Time Critical Removal Action - Installation Restoration Site 44/45, Naval Weapons Station, Seal Beach." Recommendation: Authorize the Chairperson to sign the draft response letter, with any additional comments determined appropriate, and instruct Staff to forward to the City Council for information purposes. Receive and File Staff Report. Staff Report Mr. Whittenberg explained that Installation Restoration (IR) Site 44/45 is a portion of Building 88, the former torpedo maintenance building, and the area between Bolsa Avenue and the Port of Long Beach Mitigation Pond created a number of years ago for the storage of unused fuel and to conduct paint cleaning activities. He stated that the results of all evaluations determined that there were significant impacts to ecological receptors at the site, but not to humans, primarily due to nickel and zinc in the soil. The report proposes the following three alternatives: 1. No Action 2. Partial Excavation with Off-Site Disposal 3. Excavation with Off Site Disposal The Navy has determined that Alternative 3 would be most appropriate and estimate that the cost of this work would be $266,475.00, and are requesting comments on the document and its determinations. Mr. Whittenberg stated that Staff concurs that Alternative 3 would be most appropriate and has prepared a letter stating this for approval by the EQCB. Chairperson Voce stated that Alternative 3 would be best, and asked if the Navy is going to remove the contaminated soil by truck or by rail. Mr. Whittenberg stated that with the amount of soil to be removed, it would be taken away by truck. Chairperson Voce confirmed that the removal activity would not negatively impact City streets. Mr. Whittenberg noted that the maximum excavation is 244 cubic yards of material, and a double car truck will carry about 18 cubic yards per truckload, which would equal 15-18 truck trips to dispose of the entire amount of soil. MOTION by Hurley; SECOND by Barton to authorize Chairperson to sign the response letter, with any additional comments determined appropriate, and instruct Staff to forward to the City Council for information purposes. Receive and File Staff Report. Page 4 of 10 .1 2 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 June 29, 2005 MOTION CARRIED: AYES: NOES: ABSENT: 4-0 Voce, Barton, Hurley, and Vineyard None None 10. City Response Letter Re: "Draft 2005 First Semiannual Post-Closure Inspection and Maintenance Report, Installation Restoration Program Site 7 (Station Landfill), Naval Weapons Station." Recommendation: Authorize the Chairman to sign the draft response letter, with any additional comments determined appropriate. Instruct staff to forward the comment letter to the City Council for information. Receive and File Staff Report. Staff Report Mr. Whittenberg stated that this is the first semi-annual monitoring report of activities required as part of the site remediation for the landfill site at the Naval Weapons Station (NWS). He explained that the basic methodology for restoration activity is to put a soil cap approximately 2 feet thick on top of the exposed areas in the station landfill area. He indicated that this monitoring is an effort that will continue for at least 5 years, with semi-annual reports being circulated for at least the first 3 years, and then depending upon how successful the cap and re-vegetation of the area is, the Navy may issue an annual report for the last 2 years. He indicated that this first report shows that there were areas that did not re-vegetate as planned due to the high amount of rainfall experienced this winter. As a result some areas will have to be re-vegetated and reshaped. He indicated that the comment letter essentially concurs with the Navy's recommendations. He noted that Member Hurley had noted a correction to Paragraph 1, Line 2 of the letter to read, "the City concurs with." MOTION by Hurley; SECOND by Vineyard to authorize Chairperson to sign the response letter, with any additional comments determined appropriate, and instruct Staff to forward to the City Council for information purposes. Receive and File Staff Report. MOTION CARRIED: AYES: NOES: ABSENT: 4-0 Voce, Barton, Hurley, and Vineyard None None 11. Receipt Of Public Comments and Board Review Of Initial Studyl Negative Declaration 05-3 - Groin Rehabilitation Project At Seal Beach Pier Recommendation: Receive presentation from Staff regarding the proposed project and the environmental review process. Receive comments from the public and provide any Board comments regarding the proposed Initial Studyl Negative Declaration. Receive and File Staff Report. Page 5 of 10 .1 2 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 City of Seal Beach Environmental Quality Control Board Meeting Minutes of June 29, 2005 Staff Report Mr. Whittenberg stated that an environmental consultant has prepared this report for the City, which evaluates the potential environmental impacts of a repair project on the groin on the up coast side of the Seal Beach Pier. He explained that the groin is 750 long, with the pier measuring 1,800 feet long. He indicated that the groin was installed by the U.S. Army Corps of Engineers in the mid- to late 1950s to help alleviate sand transporting problems caused by waves reflecting off the Naval Weapons Station (NWS) jetty and scouring out the sandy beach area in front of the homes along Seal Way moving the sand from the south side to north side of the pier. He stated that the groin is over 40 years old and a portion of the capstone recently sloughed off, and the groin itself has several fairly wide cracks that can present potential danger to surfers or people body boarding. He reported that the City completed an emergency repair in 2000-01 and the City then applied for and received a grant from the State Boating & Waterways Department to help cover the cost of the repair work~ He explained that the repairs will entail driving new sheet piles adjacent to a 250-foot long portion of the pier side of the existing groin structure, and also along a 45-foot long area on the up coast side, as well as installation of a new capstone. He noted that the coastal engineers estimate that these repairs will maintain the groin in good condition for another 40-50 years. He indicated that because a crane will be located on the pier for completion of the pile driving, the pier would be closed to the public. He stated the hope is that the groin repair work can be coordinated with the construction work for the new outdoor dining patio for Ruby's Restaurant at the end of the pier. He said that the construction schedule would run from November 2005 to January 2006, and existing oil island operations that occur off the end of the pier, with employee transport boats going from the pier to Platform Esther will be relocated to the City of Long Beach on a temporary basis until the work is complete. Mr. Whittenberg then indicated that there would be no identified environmental impacts requiring mitigation measures, as most of the work will be done 500-600 feet offshore. He said the pile driving will be done during the day and there will be some noise from that but City Ordinances do provide exemptions for noise activities during allowable construction hours. He noted that the comment period for this document ends on July 13, 2005, and does not require discretionary review or approval by the Planning Commission as this work is being done on a public pier facility, but it will require approval of the Negative Declaration (ND) by City Council (CC) and approval of a coastal development permit. He indicated that CC would consider the final adoption of the ND at the July 25, 2005 meeting. Board Questions Member Hurley requested a description of a sheet pile. Mr. Whittenberg explained that a sheet pile is a long, thin strip of metal measuring 8 inches thick, 20 feet wide, and 40 feet long, and will be driven into the sand on both sides of the existing stone structure of the groin to a point to where the top of the metal pile is level with the top of the existing groin. Also, new capstones will be fitted on top to enclose all of the components. Member Hurley asked how the sheets would be attached to the existing groin. Mr. Page 6 of 10 .1 2 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 June 29, 2005 Whittenberg stated that the sheets will not be physically attached but will be held in place by the sand, the wave pressure, and the capstone on top. Chairperson Voce inquired about the type of metal to be used. Mr. Whittenberg stated that he believes it will be stainless steel, and it will be metal that does not need to be chemically treated against corrosion. Member Barton asked what the cost of the project would be. Mr. Whittenberg approximated that the cost will be $1.3 million. Member Hurley asked how much the grant amount would be. Mr. Whittenberg stated that the grant covers 85-90 percent of the cost. Member Barton then asked if only residents on the south side of the pier received notice. Mr. Whittenberg stated that residents within a 100-foot radius of the boundaries of Eisenhower Park received the Notice of Availability for this document. Board Comments Member Hurley commented, "a Negative Declaration (NO) is supposed to be a full disclosure information document to help concerned citizens understand the environmental consequences of a project." He indicated that he believes this ND fails to do this in several places. He then noted his questions/comments as follows: Pg. 3-2 The lengths of the pier and the groin should have been indicated on the drawing. Pg. 5-20, Last Paragraph Have no idea what the term Leq signifies and there is no definition provided. Pg. 5-21, Paragraph 1 Line 2 Why is there no explanation of why 86 dBA is the correct Leq value for construction? Pg. 5-21, Paragraph 1 Line 4 The number 75 dBA is wrong. Using the -6 dBA for each consecutive doubling of distance, the number would actually be 81 at 300 feet and 75 at 600 feet, not 400 feet. 75 dBA is still 20 dBAs above the City standard. Pg. 5-21, Paragraph 1 Line 5 "over 20 dBA . .." Should state "least likely reduction" rather than "best possible reduction," considering the surrounding residences may have been constructed before the 1970's when present guidelines were instituted. Page 7 of 10 .1 2 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 June 29, 2005 Pg. 5-21, Paragraph 1 Line 7 ". . . partial blocking." No explanation of how sound will be blocked between the pier and the residences to the south. Pg. 5-21, Paragraph 2 Line 7 Mystified that exemption of construction noise from City standards can change the noise generated to "Iess than significant. " Pg. 5-24, Paragraph f) Fails to discuss how many workers will be taking up parking spaces and where that will occur. Chairperson Voce stated that the heavy machinery to be used for this project are "fume makers" in terms of being diesel powered similar to the Marina Drive Bridge Project, where machines are stationary and creating fumes all day long, but he is unaware of machinery to do this type of work that doesn't make fumes, and there is no real way to filter them. He suggested notifying the public that there can be fume and noise conditions during the work hours. Mr. Whittenberg interjected that the allowable work hours are 7:00 a.m. to 8:00 p.m. Monday through Friday, and on Saturdays from 8:00 a.m. to 8:00 p.m. Chairperson Voce asked if the crew would be working until 8:00 p.m. Mr. Whittenberg stated that he doubted this, and anticipates that work will cease at 3:00 or 4:00 p.m. Chairperson Voce reiterated that surrounding residents should be notified of this so that they can close their windows and be warned not to use their cooling or heating systems during these hours, as they can siphon the fumes into their homes. Public Comments Chairperson Voce opened for public comments. There being no one wishing to speak, Chairperson Voce closed public comments. Mr. Whittenberg stated that Staff anticipates that it should take approximately 3 months to complete both projects; however, because the work will be done during the winter months, there may be some delays due to inclement weather. MOTION by Hurley; SECOND by Vineyard to Receive and File Staff Report for Initial Study! Negative Declaration 05-3 - Groin Rehabilitation Project At Seal Beach Pier MOTION CARRIED: AYES: NOES: ABSENT: 4-0 Voce, Barton, Hurley, and Vineyard None None Page 8 of 10 .~ 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 June 29, 2005 VI Staff Concerns Mr. Whittenberg referred to copies of a letter provided to Board members from the Department of the Navy regarding the Restoration Advisory Board (RAB) meetings, noting that the next meeting is July 12, 2005, and will include a tour of the restoration sites on the Naval Weapons Station (NWS), should members wish to attend. He asked that members planning to attend contact Staff or the NWS directly. Member Hurley noted that he has been on this tour and highly recommended that the other members try to attend. VII Board Concerns Member Hurley stated in reading the minutes of the May 25, 2005, Staff was to return with responses to several questions from Member Vineyard. Mr. Whittenberg stated that these are all responses that must come from the Department of Public Works and the Engineering Department, and their Staff is currently very busy taking care of street repair projects, primarily in the coastal area and a number of areas in College Park East (CPE) and were unable to complete responses in time for this meeting, but have indicated that they will be provided for the next meeting of the EQCB. Member Barton asked if the tour on the base would be different from last year's tour. Mr. Whittenberg stated that it would probably be very similar. Chairperson Voce thanked Staff for the copies of Municipal Code Chapter 7.35 on public nuisances. He referred to his comments at the May 25,2005 meeting regarding intense diesel fumes, and noted that he has not smelled any sustained fumes since then. He indicated that he wanted to review this chapter to see if there was any text regarding fumes or odors, which does appear on Page 1. He inquired as to who should be contacted to report these violations. Mr. Whittenberg indicated that calls of this nature are usually referred to Code Enforcement. If it is a stationary source issue, it is usually referred to the Air Quality Management District (AQMD), but if it is transitory, it would be difficult to determine the source. He noted that violation of this ordinance would be an infraction, but it would take a judge to make this decision. VIII Adjournment Chairperson Voce adjourned the meeting at 7:15 p.m. to the next scheduled meeting of July 27, 2005. Respectfully Submitted, ~~Q~- ~)T.A~ Carmen Alvarez, Executive Secretary Department of Development Services Page 9 of 10 .~ 3 4 5 . . City of Seal Beach Environmental Quality Control Board Meeting Minutes of June 29, 2005 IX Approval The Board on September 28,2005, approved the Minutes of the Environmental Quality Control Board of Wednesday, June 29, 2005. ~.A-. Page 10 of 10