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HomeMy WebLinkAbout02/09/1993 Minutes - Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 9, 1993 1. CALL TO ORDER: Mayor Miller called the meeting to order at 7:00 p.m. at the AQMD, 21865 E. Copley Dr., Diamond Bar. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Miller. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Councilmen Forbing, MacBride and Werner. Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob L. Rose, Community Services Director; and Lynda Burgess, City Clerk. 2. PROPOSED MATERIAL RECOVERY FACILITY (MRF) BY THE CITY OF INDUSTRY - CM/Belanger reported that the purpose of the meet- ing was to receive testimony from D.B. residents regarding a proposed 5,700 -ton per day material recovery and transfer station facility to be located on a 40 -acre parcel east of Grand Ave. and south of Valley Blvd. in the City of Industry. The City has retained Ultra Systems to assist in evaluating the draft Environmental Impact Report (DEIR) prepared by the City of Industry. Industry will conduct a public hearing on the DEIR at 8:30 a.m., February 11, 1993 at the their City Hall. Chris Lancaster, retained by Industry, will give a presentation on the proposed project followed by a presentation from staff and Peter Lewendowski with Ultra Systems. Chris Lancaster, representing the City of Industry, stated that the purpose of the EIR is to identify the impacts of the proposed project on the potential site. A MRF is being con- sidered by the City of Industry as a result of AB939, mandat- ing all cities and counties to reduce their waste stream by 25% by the year 1995 and 50% by the year 2000. The MRF will give the City of Industry the opportunity to stabilize its refuse costs over a long period of time and develop a guaran- teed place to contract out with another local landfill, or distant remote landfill to dispose of their waste stream for a long period of time. He then presented a series of slides identifying the crises facing LA County regarding the closure of landfills. Mr. Lancaster further stated that the MRF plays an important role in processing the trash and facilitates the need the cities would have in disposing of their trash for the future. He stated that this 40 -acre site, due to the proxim- ity of lines for Southern and Union Pacific railroads, would be available to receive the trash as well as compete with one another, giving the best available price for trash. Further- more, all access to the site would be off Grand Ave., and trucks would be routed so that there will not be any traffic backup on Grand Ave. Also, the roadway to the rail road would be landscaped every 30 ft. with trees. He displayed aerial photographs and stated that the area is zoned industrial or FEBRUARY 9, 1993 PAGE 2 manufacturing; many of the homes will not be able to look down on the site because of the ridge, but that there are some homes that will not be able to be screened; the facility will be made of tilt -up concrete and on reflective material so that there will not be any type of sun glare, or night light glare off of the facility; all lighting at the facility will be directed down and in; there is a lot of debris, trash and tires stockpiled on the site presently; it is proposed that the site will include a 124,000 sq. ft. building, about 40 ft. high and a wood processing structure; the major facility will be 1,000 ft. from the YMCA building and 1,200 ft. from the nearest home; approximately 25 cities will be able to utilize the facility; it is estimated that in 1994, when the facility is scheduled to be in operation, up to 1,000 tons a day of trash will be processed, most of which will be recyclable; in the year 1996 the facility has the potential of receiving, in a second phase of about 4,500 tons of trash a day; in the year 1996, in the third phase, it can receive up to 5,700 tons of trash a day; 76% of all truck traffic will travel on the free- way to Grand Ave. to the facility; the whole perimeter of the site will be landscaped, and the buildings itself will have landscaping abutting up against the structure; the ball diamond creates a visual buffer for some of the residents in Diamond Bar; in a worse case scenario, there will only be one train in and one train out each day; the train will only have access to the site between 7:00 a.m. and 10:00 p.m.; the facility will operate 24 hours a day, but will only receive trash from 7:00 a.m. to 10:00 p.m., with the remaining hours used to maintain the facility such as washing the interior, repairing equipment, processing any left over recyclables, etc.; this facility will not be receiving any type of hazard- ous or household hazardous waste; and it is anticipated that the rail would come into effect in the year 1995. Mr. Lancaster concluded with the following comments: when opened in 1994, it would not meet SCAQMD guidelines for air quality and would have an affect on the air quality in the vicinity, but that in the year 2000 all guidelines and requirements would be met; there will be a 6 ft. wall with landscaping built completely around the facility prior to grading to act as a type of vector control, as well as minimize some of the dust; the site will be watered downtwice a day, per AQMD requirements and all trucks leaving the facility will be washed down; trash will not be there longer than 48 hours in the main facility so it will not decompose; the lifespan of the trash waiting to go out will be 96 hours and retained in closed containers the entire time; there is negative pressure in the facility itself, with filters and sands on top, so that the air pressure will be changed to suck air in and brought up through the roof to filter out all odors to eliminate waste -- odor; the facility will have a minimal noise level impact facing the City of Diamond Bar because it is quite a distance from the homes and the YMCA; there will be a minimal amount of noise due to the distance between the homes and YMCA and the facility; all workers will receive health and safety training; there will be staff trained in identifying household hazardous FEBRUARY 9, 1993 PAGE 3 waste, which will be pulled and stored until it can be proper- ly disposed of; a vector control firm will be consulted to implement vector control to minimize the amount of rodents and the proper disposal of them. Peter Lewendowski, Ultra Systems, stated that the City of Industry conducted a preliminary review of the proposed proj- ect and determined that the project has the potential to produce significant impacts upon the environment. An EIR was conducted representing a detailed analysis of the project --the direct, indirect and cumulative impacts of that action. He gave a preliminary summary of their findings: the potential environmental impact report as represented in the DEIR may not be accurately represented and that the conclusions presented in the DEIR may not be well founded based upon clearly pre- sented scientific principles and methodology which allows them to be independently reviewed: the information presented in the DEIR does not allow the public to review the document and understand how conclusions were derived; in many instances, the range of mitigation measures and project alternatives that may be available to a project applicant have not been fully explored, particularly in the area of alternative analysis, and alternative sites for the development of this project; the cumulative analysis section of the DEIR fails to look at this project in the context of both other reasonably perceivable development activities that may occur in the area; there are currently at least four other MRF's being processed or pro- posed and there are only so many MRF's necessary to accommodate the needs of the City of Industry as well as the needs of other communities in the area; there is no basis provided in the DEIR allowing Industry's site to be evaluated in terms of the comparative pluses and minuses of this site relative to others. Ultra Systems will attempt to articulate, in its final report to the City, the significant new information that will be necessary to address the potential deficiencies in the DEIR. In response to C/Werner's inquiry, Mr. Lancaster stated that he would support having a MRF in the City of Covina if there was a large enough size parcel with access to rail lines because it is very attractive in terms of revenue. C/Werner asked if there are other projects planned and what is likely to be congregated next to the MRF. He also inquired as to Mr. Lancaster's relationship to the project. Mr. Lancaster stated that he is a public relations consultant with the City of Industry. Since the site is zoned Indus- trial/manufacturing, it would attract those types of busines- ses in that area; however, he is not aware of any plans in the process for that area. Industry is the owner of the land and a proponent of the project and will be building the facility. The project is not being leased to EBA Waste Technologies and it is unknown who will be managing or operating the facility. FEBRUARY 9, 1993 PAGE 4 C/Werner asked if Industry would be willing to convert that hillside industrial property, which has been alluded to as a buffer for the proposed MRF, to permanent open space. Mr. Lancaster stated that he is unable to respond for the City of Industry regarding such an inquiry; however, he will present the question to the City Manager and the Mayor. In response to C/Werner, Mr. Lancaster clarified that, to his understanding, all types of truck activities, both delivery and exporting of trash from the site, would be done between the hours of 7:00 a.m. and 10:00 p.m., and that the remaining hours would be used to clean the facility, and other activi- ties. He further stated that even though Brea Canyon Rd. and Grand Ave. and Diamond Bar Blvd., could be used by the trucks as possible entrances and exits to the 60/57 freeway, most of the truck traffic will get off on Grand Ave. because of the accessibility. In a worse case scenario, there could be as many as 1,111 additional trips a day. C/Werner stated that he feels that Grand Ave, as a primary access point, and Brea Canyon Cut-off, as a secondary inter- change, are not adequate to accommodate that extra level of truck traffic. Mr. Lancaster stated that the City of Industry is proposing to improve the intersection on the off ramps of the 60 freeway coming up to the Grand Ave. area, as well as improve the intersection of Valley Blvd. and Grand Ave. The concern regarding maintenance of Brea Canyon Rd. should be submitted so it can be considered. MPT/Papen, noting that the project contributes to a 5% increase in traffic to the 60 and 57 freeways, stated that, as a mitigation measure, the City of Industry should contribute up to 30 million dollars to share in the improvements to the freeway itself, as well as improvements on Grand Ave. She then questioned the manning procedures as indicated in the DEIR. Mr. Lancaster stated that these types of manning procedures are accurate and adequate. A lot of the waste stream that will be coming in will already be sorted and recycled as well. MPT/Papen inquired what the ultimate site will be for the material that will be diverted. Mr. Lancaster pointed out that this question needs to be asked of the State of California because there is a risk that there may not be a market for the recyclables and it could end up back in the landfill. The EIR is not able to identify markets that are not yet available. MPT/Papen questioned how trash, which will be kept at the facility for as long as 48 hours can be kept as sanitary as it FEBRUARY 9, 1993 PAGE 7 measures should not be an issue but rather that it is the position of the City that this MRF is an incompatible use for the area, affecting residences, hospitals, schools, day care facilities and youth sports. She inquired if the EIR addresses this facility as a possible hazardous waste facility and if it will comply with the requirements of the Hazardous Waste Materials Act in the California Health and Safety Code. Lee Ganteaume, 22921 Dry Creek Rd., inquired into the kinds of improvements being proposed to make the facility meet the standards of the SCAQMD by the year 2000. Furthermore, what steps will be taken to mitigate noise pollution caused by trucks and trains. Clyde Hennessee, 22702 Sunset Crossing Rd., expressed opposi- tion to the project because of the noise and air pollution, a potential increase in rodents, insects and health related problems. The proposed project should be located in a less dense area. Rim Weingarten, 22601 Sunset Crossing, President, Diamond Bar Little League, stated that it is not appropriate to consider 1,000 children playing on the baseball field as a buffer to the noise, smell, dirt and trash that will be on the other side of the tracks. She made the following comments: trains run all day long and not just once or twice a day; there is presently back up traffic on Grand Ave. and to bring in truck loads of trash is a concern; children play on the baseball fields all year long now and they will be affected. Richard Pauwels, 311 No. Pintado Dr. expressed concern that property values will decrease because of this proposed proj- ect. Jack Istik, 22607 E. Dry Creek Rd., expressed opposition to the project because of the following: the at -grade trash sorting; lights, noise, traffic and odor 24 hours -a -day, six to seven days a week; trash will be aerated and on the site up to six days; it will have the atmosphere of a rail yard switching facility with the noise, the transients and vectors; it is inappropriate for the City of Industry to be the sole agency responsible for ensuring that the conditions of approval are enforced; the MRF should have been proposed prior to all development in the area; property values will decrease; and the facility has a lot of opportunity to expand and could become a waste by rail point for the entire County. Elena Mafla, 615 Chapparal Dr., an employee of Teledyne Cast Products, a neighboring business to the proposed facility, noting that Teledyne has been hit with hefty penalties by the AQMD, inquired how the proposed facility would avoid penal- ties. She also inquired if the City of Industry will pay for the medical bills for the ill health affects of the children. Greg Arakelian, 634 Silver Valley Trail, Walnut, partner in an architectural firm who has designed similar facilities, stated that he is overwhelmed by the magnitude of this facility in FEBRUARY 9, 1993 PAGE 5 is kept in the current landfill. She then asked what criteria was used to select the site, and noted that the alternative sites section of the EIR does not adequately address the alternatives sufficiently enough to make a determination one way or the other. Mr. Lancaster stated that space availability, accessibility and the two available rail sites were considered. This facility will have access to two different rails that will be able to take trash to various locations from Utah to Riverside County to Imperial County and San Bernardino County. Furthermore, another reason that made this site attractive is that, because the Spadra landfill is close by, truck traffic patterns are already established for this area. Mr. Lewendowski, in response to MPT/Papen, stated that the question of when the wall will be built is not clearly described in the EIR. Though the City of Industry's design guidelines require an 8 ft. wall, only a 6 ft. wall is being proposed, and yet the DEIR states that the project is con- sistent with the design guidelines. The DEIR does not discuss how trains and trucks will get into the project site to deposit or haul the refuse. Any opening in the wall represents failure for the wall to attenuate any noise. Furthermore, a 6 ft. wall would be insufficient to mitigate noise. Mr. Lancaster, in response to C/MacBride, stated that there would be someone available on site to inspect incoming trucks for household hazardous materials. If found, they would be removed and stored until such time as they are taken for disposal. C/MacBride asked why the Pico Rivera air quality station was used for the air quality data and statistical information rather that the Pomona air quality station. He also asked why there is no monitoring system mentioned in the DEIR to assure that the mitigation measures are effective and are progressing rationally. C/Werner, pointing out that any fair consideration of this site is impossible because there is no quantifiable data for all the alternative sites, requested that the DEIR give equal attention to the alternative sites. M/Miller asked how this project would benefit the City. Mr. Lancaster stated that, if the worst-case scenario with the landfills materializes, then the City of Diamond Bar would benefit because it could process its trash with that MRF, utilizing the waste by rail. Red Calkins, 240 Eagle Nest Dr., noted that the East San Gabriel/Pomona Valley is the worst smog area in Southern FEBRUARY 9, 1993 PAGE 6 California. He then read a letter sent last summer to the City of Industry by the Pomona Unified School District responding to the EIR and indicating that they do not antici- pate that the project would significantly impact school facilities. However, the district does not appear to consider dust, dirt, rodents or smog. He then inquired if the City of Industry is going to make up the loss of value to the homes of residents of the City. Curtis Postel, 531 N. Deep Hill Rd., expressed the following concerns: that there is a proposed siting for the Union Pacific, which is on the Diamond Bar side of the property; it appears that the facility could be expanded on the Benton property; what will keep the City of Industry from attempting to run an incinerator; even though trash will not be hauled after 10:00 P.M. and before 7:00 a.m. , what guarantee is there to prevent heavy equipment moving within the site, or the train being loaded during those hours; trains currently oper- ate on their own schedule, and what is to stop them in the future; what will keep seagulls and pigeons out, which are also considered vectors; it is inconceivable that no odor will be emitted from the proposed 124,000 sq. ft. building that has a total of 23 large bay doors; the motors and fans needed to run the air assembly would have to be very large, and there- fore very noisy; and how can an air current be used to miti- gate insects in a negative air facility. Kim Chapman, 22713 Happy Hallow Rd., co -president of Neil Armstrong Elementary School PTA, noting that in the past, school athletic days have been cancelled due to first -stage smog alerts, stated that it is unacceptable to add more smog to the area and that the proposed project is too close to many youth oriented activities. Evelyn Kuida, 22635 Dry Creek Rd., expressed opposition to the proposed project because of the long and short term health risks associated with pathogenic micro-organisms such as viruses, funguses and bacteria that cause disease. Mike Gilson, 521 N. Deep Hill Rd., made the following comments: presently, he can hear the trains at night when they are being loaded; the proposed containers must make noise when they are being loaded on the train; Grand Ave. is already impacted and does not need more trucks on the road; why should the City have to pay the price for the City of Industry to make money on trash; and why spend the money on recyclables when there is no market for it. Jim Reynolds, 267 S. Rock River Rd., -suggested that the City -- Council post a weight limit on Grand Ave. that would prohibit the trucks from using that as access, thereby making it too expensive to develop this property and more desirable to seek alternatives. Jennifer Cady, 316 N. Gunsmoke Dr., stated that mitigation FEBRUARY 9, 1993 PAGE 8 terms of the amount of tonnage of material being discussed. Similar facilities have a substantial amount of truck traffic and are located considerably further away from residences and are within industrial areas. Alternative sites need to be fully addressed in the DEIR. Currently, the State does not regulate MRFs, but rather transfer stations, and the mitigat- ing factors for a MRF is different that what is being proposed for transfer stations. Tipping fees for the City, and surrounding neighborhoods could increase to $65 to $85 a ton to help pay for the facility. Gary Neely, 344 Canoecove Dr., pointed out how difficult it will be for a truck every 30 seconds to travel on the 60 freeway and cross two lanes of traffic to get to the Grand Ave. off ramp. Since, as an alternative, the trucks will most likely get off at Pathfinder or Diamond Bar Blvd., the EIR should address the traffic impacts to the community from the County line and the 57 freeway all the way down to the south end of Diamond Bar. He suggested that the City not only write to the City of Industry, but also send a video copy of this meeting so that there won't be confusion regarding remarks that are made. Furthermore, he noted that the letter, read by Mr. Calkins, from the PUSD indicating that they did not oppose this facility, was written last summer and perhaps they would — like to reconsider their response upon reading the responses made by the City of Diamond Bar. MPT/Papen stated that Dr. Moskowitz,'Superintendent, Pomona Unified School District and Brenda Engdahl, School Board Member, have indicated that the response made last summer was made by a technical person responding to a technical issue and that they will probably have an additional response. Mr. Lancaster stated that he would take the concerns and com- ments expressed to the City of Industry, discuss the issues with the City Engineer and turn the concerns over to the con- sultant, EBA Waste Technologies, who provided the EIR. He then made the following responses to comments made: loading and unloading of the containers on the train will occur on the northside of the boundary, with a rail spur from the Southern Pacific line to the Union Pacific line; the possible expansion of the facility cannot be determined at this time; there has never been any discussion of the possibility of a waste incin- erator site at this facility; loading will be between 7:00 a.m. and 10:00 p.m.; since the trash will be inside, it will not attract seagulls and vectors; negative air current will be utilized; air quality will not meet SCAQMD standards by 1994, but because of the emissions generated during the year 2000 operations will not exceed the SCAQMD threshold levels attrib- uted to a combination of factors, including the use of rail haul, and anticipated vehicle control standards; the trash will not be exposed to any type of rain water because it is kept inside; since the containers can hold up to 32 tons each, having the site at this location, between the two rails is beneficial because there is no weight limit restrictions as FEBRUARY 9, 1993 PAGE 9 part of putting the amount of tonnages in the containers to be placed on the cars to be shipped out for rail; since busines- ses will need to know if their waste stream has a place to go for years to come, the City of Industry is looking at their responsibility, as a local government agency, to provide this opportunity for the businesses in the City of Industry, and not as an opportunity for making money per ton; the average tipping cost per ton is around $1.25; even if recyclables are pulled out at the other end, there would still be a need to have an operation to remove it from trucks, compact it into containers and load it onto trains; Diamond Bar does not have jurisdiction or the authority to place a weight limit on Grand Ave.; and there will only be one train coming in and going out; in a worst-case scenario the train would hold up to 88 cars, ten containers per car, each car totaling up to 200 ft. long. M/Miller stated that staff had already been directed to attend upcoming meetings and keep the Council posted. The Council has also asked for additional proposals to further evaluate the EIR. C/MacBride, noting that the EIR indicates that the City of Industry is willing to bear its fair share based on its portion of the overall impact, stated that he feels that the City of Industry should bear all the responsibilities for the impacts that this project will create. Mr. Lancaster explained that the City Industry is willing tc participate in the mitigation measures up to their fair share. However, the EIR also took into consideration some of the developments that will occur in the City of Walnut, such as the major commercial center at the intersection of Valley Blvd./Grand Ave., and the City of Diamond Bar, such as the medical plaza being built, that could have a tremendous traffic impact on certain aspects of the area and those impacts would be their fair share of responsibility. C/MacBride stated that the EIR should include an analysis or discussion of potential impacts to the area from these future major projects. Debbie Carter, 611 Ocharo Rd., suggested that Mr. Lancaster give the message to the City of Industry the importance of preserving health and the health of our children. Greg Arakelian, 634 Silver Valley, stated that the Vehicle Code indicates that trash trucks going to a trash facility cannot be restricted by weight limits; therefore, the City would r.ot be able to restrict trucks coming from Walnut or Chino mills. He also pointed out that the EIR does not adores$ where the polluted water will go after washing down the facility. CDD/DeStefano, in response to C/MacBride, stated that staff FEBRUARY 9, 1993 PAGE 10 mailed out approximately 1,200 notices per Council direction at the meeting of February 2, 1993. Peter Lewendowski, per C/Werner's request, stated that Industry's public hearing is scheduled for February 11, 1993 at 8:30 a.m. The time is reserved to receive public input, with a time limit of 3 minutes per individual. CA/Arczynski stated that if there are residents unable to attend the meeting or who have more to say than 3 minutes would provide for, they can put their comments in writing and send them to the City of Industry. MPT/Papen directed staff to continue to work with Ultra Systems to do an independent analysis and to verify data that has been presented in the EIR as to conformance with CEQA. She suggested that the Council also direct the Mayor to send a letter to the City of Industry, along with a video of this meeting, with the following points: the City of Diamond Bar reserves the right for further comment based on further tech- nical analysis; the City requests an evaluation of an altern- ate site, such as the Benton site, the Southern Pacific yard site, and any vacant land in the City of Industry where rail spurs could be built. The City should suggest alternative — sites, such as at the Ratella Business Park, where other industrial uses would be the buffer to the residential zone. She also suggested that the City Manager meet with Industry staff to determine their intent on this project and report back to the Council. C/Werner, noting that Mr. Lancaster indicated that Industry is unable to identify what development might be anticipated surrounding the MRF site, suggested that Industry be asked to agree on what they are willing to restrict on the remaining properties. M/Miller stated that he will include all the aforementioned points in his letter to the City of Industry along with a video copy of this meeting and announced that he plans to attend the Public Hearing. 3. ANNOUNCEMENTS: None offered. 4. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 10:11 p.m. L DA BURGESSi CME/AAE -- City Clerk ATTEST: Mayor