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HomeMy WebLinkAboutEQCB Min 2006-01-25 .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 . 1CITY OF SEAL BEACH Environmental Quality Control Board Minutes of January 25, 2006 Chairperson Voce called the Environmental Quality Control Board (EQCB) meeting to order at 6:30 p.m. on Wednesday, January 25, 2006. The meeting was held in City Council Chambers and began with the Salute to the Flag. Roll Call Present: Chairperson Voce, Members Barton, Hurley, Neal, and Vineyard Also Present: Department of Development Services Christy Teague, Senior Planner Absent: Lee Whittenberg, Director of Development Services II Approval of Agenda MOTION by Hurley; SECOND by Neal to approve the Agenda as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Voce, Barton, Hurley, Neal, and Vineyard None None III Oral Communications None. IV Consent Calendar 1. Receive and File - City Comment Letter Re: Application No. 5-05-098, Hellman Properties LLC, Hellman Ranch Tank Farm Archaeological Investigation, Seal Beach, Dated October 4, 2005. 1 These Minutes were transcribed from an audiotape of the meeting. 01-25-06 EQCB Minutes Page 1 of6 .~ 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 January 25, 2006 2. Receive and File - City Comment Letter Re: FERC Docket CP04-58-000, Et AI. and POLB Application No. HDP 03-079; City Of Seal Beach Comments Re: "Draft EIS/EIR - Long Beach LNG Import Project (Sch. No. 2003091130)", Dated December 1, 2005. 3. Receive and File - City Comment Letter Re: Support For Proposed Regulations - Mobile Cargo Handling Equipment At Ports and Inter-modal Rail Yards, Dated December 6, 2005. 4. Receive and File - City Comment Letter Re: Support For Proposed Regulations - Auxiliary Diesel Engines and Diesel-Electric Engines On Ocean-Going Vessels, Dated December 6, 2005. 5. Receive and File - City Comment Letter Re: ARARS For I R Site 74, Seal Beach Naval Weapons Station, Dated December 9, 2005. 6. Receive and File - City Comment Letter Re: "Draft Environmental Impact Report 37-03 - Long Beach Airport Terminal Improvement Project (Sch. No. 200309112)", Dated December 13, 2005. 7. Receive and File - City Comment Letter Re: "Draft Proposed Plan/Draft Remedial Action Plan, Installation Restoration Program - Site 70, Naval Weapons Station Seal Beach", Dated December 16,2005. 8. Receive and File - Memorandum Re: Seal Beach Naval Weapons Station - Installation Restoration Program - Status Report Re: RAB Project Update, Dated January 19, 2006. 9. Receive and File - Staff Report - Final Engineering Evaluation/Cost Analysis (EE/CA), Non-Time Critical Removal Action - Installation Restoration Site 42, Naval Weapons Station, Seal Beach. 10. Receive and File - Staff Report - Final Engineering Evaluation/Cost Analysis (EE/CA), Non-Time Critical Removal Action - Installation Restoration Site 44/45, Naval Weapons Station, Seal Beach. 11. Receive and File - Staff Report - Final Engineering Evaluation/Cost Analysis (EE/CA), Non-Time Critical Removal Action - Solid Waste Management Unit 57, Naval Weapons Station, Seal Beach. 12. Receive and File - Final Work Plan - Groundwater Investigation, Installation Restoration Program (IRP) Site 14, Naval Weapons Station Seal Beach. MOTION by Hurley; SECOND by Vineyard to approve the Consent Calendar as presented. 01-25-06 EQCB Minutes Page 2 of 6 .~ 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 January 25, 2006 MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Voce, Barton, Hurley, Neal, and Vineyard None None V Scheduled Matters 13. APPROVAL OF MINUTES - November 30,2005. Recommendation: Approve Minutes subject to any corrections determined appropriate. Member Neal stated that she was not present at the meeting of November 30, 2005, and would abstain from voting. MOTION by Hurley; SECOND by Vineyard to approve the Meeting Minutes of November 30,2005 as presented. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 4-0-1 Voce, Barton, Hurley, and Vineyard None None Neal 14. Approval Of City Response Letter Re: Naval Weapons Station Sites 42,44/45, And SWMU 57 - Draft Non-Time Critical Removal Action Work Plan. Recommendation: Authorize the Chairman to sign the draft response letter, with any ~dditional comments determined appropriate, and instruct Staff to forward to the City Council for information purposes. Receive and File Staff Report. Ms. Teague noted that Member Hurley has recommended a change to the letter and Staff has tentatively revised the letter, pending the Boards approval. She referred to Page 8 of the Staff Report, Paragraph 1, last sentence and noted that it should read: It. . . California Department of Fish and Game in that document. 11 Member Hurley stated that he feels the letter is not emphatic enough regarding taking care of the species and the habitat of burrowing owls. He recommended adding the following text to Page 8, Paragraph 1: t~ . . and incorporate appropriate measures based on a review of the guidance provided by California Department of Fish and Game in that document, especially the limitations on project activities around owl 01-25-06 EQCB Minutes Page 3 of 6 .~ 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 January 25, 2006 burrows during nesting season (February through August) on page 3 and the specifications for pre-project surveys on page 4." Member Hurley noted that in order to determine whether the burrows are owl burrows and not ground squirrel burrows, two surveys are to be done: One in December- January for the transient owls, and one in April and July for the nesting owls. He then referred to the visual aides for Site 42 and 44/45 provided with the Restoration Advisory Board (RAB) minutes, which reflect that the removal action is to take place during fiscal year 2006. He said that his understanding is that the federal government begins its fiscal year October 1, so their fiscal year 2006 began October 1, 2005. He noted that the RAB information discusses fiscal year 2005 for Sites 42, 44/45, but does not mention these in the discussion of IRP projects for fiscal year 2006. He stated that it appears that the NWS proposes to do all of this work at the same time as the surveys are supposed to be done, and this would create a conflict. He asked for comments from the Board members. Chairperson Voce stated that this should be addressed in the comment letter in order to get clarification on the timing for completion of the surveys and the actual project work. Ms. Teague noted that if the dates for the nesting season are included this would emphasize that project work should not begin until September 2006 to avoid nesting season. Chairperson Voce asked that Staff include this information. Ms. Teague suggested that in order to meet this critical timeline, the Director of Development Services be asked to revise the comment letter to include text regarding the timing of the fiscal year, and, have the Board give permission for Chairperson Voce to sign the revised letter without Board review, rather than waiting another month for the next EQCB meeting. Member Hurley asked that he be allowed to view the letter prior to having Chairperson Voce sign it. Chairperson Voce suggested that Member Hurley accompany him to City Hall for signing of the letter. Ms. Teague suggested placing the text regarding the conflict with the fiscal year in a separate paragraph to avoid any substantive changes to Member Hurley's comments. She said that Chairperson Voce could then sign the letter and Staff would forward it to the IR Coordinator and provide a copy of the letter to the Board members at their next meeting. Member Barton asked for clarification on what OTTO fuel is. None of the Board members knew what type of fuel this represents so, Ms. Teague stated that Staff would report back on this at the next EQCB meeting. MOTION by Hurley; SECOND by Vineyard to authorize the Chairman to sign the response letter as amended, and instruct Staff to forward to the City Council for information purposes. Receive and File Staff Report. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Voce, Barton, Hurley, Neal, and Vineyard None None 01-25-06 EQCB Minutes Page 4 of 6 .~ 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 January 25, 2006 VI Staff Concerns Ms. Teague stated that copies of the 2006 CEQA Guidelines textbooks are on order and will be provided to all members. She then reported that City Council had approved a reimbursement agreement for completion of an initial study for the Accurate Metals site at 1011 Seal Beach Boulevard, across from the Seal Beach Police Department. She noted that the property is for sale and a residential developer currently has an offer in escrow for purchase of the property. She stated that the developer plans to request a Zone Text Amendment, General Plan Amendment, and Tract Map for construction of up to 87 residential units. She noted that one of the proposals is to construct attached town homes, but other uses are also under consideration. She said that at a Planning Commission Study Session on this proposal Staff expressed its concerns regarding compatibility with the existing uses. Ms. Teague continued by reporting that another Mitigated Negative Declaration (MND) is to be prepared for the property at 400 Marina Drive, which was recently sold, and the new owner proposes to convert this from a commercial use to residential. VII Board Concerns Member Hurley reported that he would be out of town on March 1, 2006, and requested that he be excused from that meeting. Chairperson Voce expressed his concern with the proposed Zone Change for the Accurate Metals property, and the potential for finding toxins at that location. VIII Adjournment Chairperson Voce noted that due to a conflict with the Planning Commission Meeting the scheduled EQCB meeting of February 22, 2006, would be canceled and the Board would meet again at an adjourned meeting on March 1, 2006. Chairperson Voce adjourned the meeting at 7:11 p.m. Respectfully Submitted, ~Q.~,,"~~^~~ Carmen Alvarez, Executive Secretary Department of Development Services 01-25-06 EQCB Minutes Page 5 of 6 . .~ 3 4 . . City of Seal Beach Environmental Quality Control Board Meeting Minutes of January 25, 2006 The Board on March 15, 2006, approved the Minutes of the Environmental Quality Control Board of Wednesday, January 25, 2006. ~. 01-25-06 EQCB Minutes Page 6 of 6