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PC - Minutes 11-02-81a CITY OF ROSEMEAD 8838 VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING NOVEMBER 2, 1981 MINUTES 1. CALL TO ORDER - The regular meeting of the Planning Commission of the City of Rosemead was called to order,by Chairman Lowrey at 7:45 p.m., in the Council Chambers of Rosemead City Hall, 8838 Valley Boulevard,.Rosemead, California. The Pledge of Allegiance was led by Commissioner Mattern. The Invocation was delivered by Commissioner Schymos. 2. ROLL CALL - Present: De Cocker, Schymos, Lowrey, Ritchie, Mattern Absent: None Ex Officio: Kress, Dickey, Carmona, Christianson, de Zara 3. APPROVAL OF MINUTES - Regular Meeting, October 19, 1981 It was moved by Commissioner Mattern, seconded by Commissioner Schymos, to approve the Minutes of October 19, 1981, as printed. ROLL CALL VOTE - Ayes: De Cocker, Schymos, Lowrey, Ritchie, Mattern Noes: None 4. ORAL COMMUNICATIONS FROM THE AUDIENCE - On matters not on the Agenda Chairman Lowrey asked if anyone present wished to address the Commission. No one came forward. PUBLIC HEARINGS Due to the"large number of people present for Design Review 81-6, Chairman Lowrey announced that this matter would be heard out of order. 5. DESIGN REVIEW 81-6: Design review of a cogeneration facility proposed by California Federal Savings and Loan. Association for construction at their facility located at 1515 Walnut Grove Avenue. The public hearing was opened at 7:50 p.m. The witnesses were administered the oath by the secretary. PROPONENT: Mr. Peter Benzian Latham &Watkins 555 South Flower Street. Los Angeles, California Mr. Benzian stated that he was representing California Federal Savings & Loan Association. He then-addressed the Commission regarding the proposed mitigating Negative Declaration and.the opposition to the adoption of this document. In addition, he informed the Commission that California Federal Savings & Loan wished to discuss a proposal with the plaintiff in the litigation to alleviate his concerns with the close proximity of the cogeneration facility to his property. The proposal was to relocate the cogeneration facility approximately 185 feet away from the western boundry.of the residential area. He further stated that this relocation would cost several thousand dollars; however, in the interest of alleviating the problems encountered, California Federal Savings & Loan would be willing to accept the loss. In addition; Mr. Benzian stated that the Chairman of the Board for California Federal Savings & Loan was committed to being a "good neighbor". Mr. Benzi.an then requested that the Commission continue this public hearing until Planning Commission Minutes Regular Meeting - November 2, 1981 Page Two the following Monday, November 9, 1981, in order to allow the concerned parties time to meet and discuss the proposed relocation of the cogeneration facility. There was then a discussion by the Commission regarding the request for con- tinuance. Chairman Lowrey heard comments by the Commission regarding this matter and polled the Commission. It was the consensus of the Commission to conduct the public hearing as scheduled. -Mr. Benzian then requested that California',Federal be given an opportunity to meet with the plantiff, Mr. Schwartz, to resolve the matter before the courts at this time. The Staff Report dated November 2, 1981, was presented by Mr. Carmona. During his presentation, Mr. Carmona showed several slides of other cogeneration plants he and his staff had investigated and visited. In addition, he explained. some of .the mitigating measures to be.employed to lessen or prevent any environmental impacts. Further, Mr. Carmona explained .ihe procedure utilized to arrive at the recommendation of adoption of the mitigating Negative Declaration. He also addressed the Commission regarding the various consultants he obtained information from regarding cogeneration facilities. Approval of the project, subject to the mitigating measures contained within the Negative Declaration, was recommended by Mr. Carmona. Chairman Lowrey then asked anyone wishing to address the Commission in favor of this project to come forward. Mr. Benzian then stated that the proponents would waive their right to address the Commission first, but requested that he be allowed an opportunity to speak at the end of the testimony by the opposition. Chairman Lowrey then asked anyone wishing to address the Commission in opposition to the project to come forward. OPPONENTS: Leroy Abelson, Esq. O'Neill & Huxtable 800 West First Street, Suite 200 Los Angeles, California - Mr. Colin Gordon, Technical Manager Bolt, Bannen, & Newman 1817 Phillips Way Los Angeles, California Estelle Holtz 8247 Bleeker Street South San Gabriel, California Robert Keeney 4405 Rosemead Boulevard Rosemead, California Tom Enrico, Jr. 8456 Yarrow Street South San Gabriel, California Alan Dimond 1921 North Delta Avenue Rosemead, California Nels Roselund 8453 Yarrow Street South San Gabriel, California John Vollaire 8753 East Palmcreek Rosemead, California Lynn Enrico 8456 Yarrow Street South San Gabriel, California Carol Camboa 1826 Rosebrook Lane Rosemead, California Isabel Sacco 1634 North Delta Avenue Rosemead, California Carol De Buck 8440 Yarrow Street South San Gabriel, California Eugenio Hernandez 8411 East Yarrow South San Gabriel, California Vivian Veljasik 8216 Yarrow Street South San Gabriel, California Bill Gurrola 1804 Rosebrook Lane South San Gabriel, California Juanita Espinoza 1551 Arland South San Gabriel, California Angie Gurrola 1804 Rosebrook Lane South San Gabriel, California Planning Commission Minutes Regular Meeting - November 2, 1981 Page Three Robert Bruesch Ernest Wallo 3126 Isabel Avenue 8459 Yarrow Rosemead, California South San Gabriel, California Linda Roselund Mrs. H. Edward Ross 8453 Yarrow Street 1727 Eckhart Avenue South San Gabriel, California South San Gabriel, California Sheila Perez Bessie Epps 1300 North Walnut Grove Avenue 8748 Palmcreek Drive South San Gabriel, California South San Gabriel, California S.C. Edinger Olga Milton 8649 Landisview Lane 8412 Sarah Street South San Gabriel, California South San Gabriel, California Vern Holtz Crystal Slater 8247 Bleeker Street 8259 Sleeker Street South San Gabriel, California South San Gabriel, California Holly Knapp Johnny Farrell 8376 East Whitmore 8421 Yarrow Rosemead, California South San Gabriel, California Ramon Garcia Alice Mercado 2606 Willard Avenue 1311 North Delta Avenue Rosemead, California South San Gabriel, California Ray Ysais Bobbie Alvarez 8457 Sarah 1723 Delta Avenue South San Gabriel, California South San Gabriel, California Robert Jermil James Brogdon 8502 Village Lane 2438 Paljay Rosemead, California Rosemead, California Leona Gross Fred Thom 8551 Village Lane 8390 Rush Street Rosemead, California Rosemead, California Cindy Arikaki David Nakamura 8238 Bleeker Street 8302 Sierra Bonita Avenue South San Gabriel, California South San Gabriel, California Edward Arikaki Christian De La Cruz 8238 Sleeker Street 8239 Crain Drive South San Gabriel, California Rosemead, California Susan Smith James B. Kawuhara 12119 Hemlock Street 1508 Delta Avenue E1 Monte, California South San Gabriel, California Richard Durant Pauline Galindo 8217 Sierra Bonita Avenue 8424 Sarah Street South San Gabriel, California South San Gabriel, California Cheryl Morseburg Dorothy Lee 8453 Sarah 3018 North Willard South San Gabriel, California Rosemead, California Richard Baumann Jeanette Burnack 8305 Scenic Drive 8405 Yarrow Stteet South San Gabriel, California South San Gabriel, California Fred Farley Leonard Bress 1609 San Gabriel Boulevard 1809 Delta Avenue Rosemead, California Rosemead, California Planning Commission Minutes Regular Meeting - November 2, 1981 Page Four Oscar Arroyo 8329 Rush Street Rosemead, California Arthur Archer 1426 Mountain Vista South San Gabriel, California Ray Espinoza 1515 Arland South San Gabriel, California Pete Sacco 3220 Walnut Grove Avenue Rosemead, California Lou Shynin 8447 Drayer Lane South San Gabriel, California Leona Brayer 8461 Drayer Lane South San Gabriel, California Anna Shynin 8447 Drayer Lane South San Gabriel, California Fred Bettsworth 1825 Delta Avenue South San Gabriel, California Alfred Mercado 1311 Delta Avenue South San Gabriel, California Juan Nunez 2702 Del Mar Avenue Rosemead, California Ray Slater 8259 Sleeker Street South San Gabriel, California Marcella Bettsworth 1825 Delta Avenue Rosemead, California Herman Funk 1805 Delta Avenue South San Gabriel, California Owen Perez 1300 Walnut Grove Avenue Rosemead, California Connie Kranske 1742 Eckhart South San Gabriel, California Frank Frontino 1539 North Arland South San Gabriel, California Paul In 1708 Kelburn South San Gabriel, California Hannah Farrell 8421 Yarrow Street South San Gabriel, California Maurice Terizu 1801 North Gladys South San Gabriel, California Jim Brassman 8593 East Village Lane Rosemead, California Phillip Aguilar 7916 Nannestad South San Gabriel, California Hector Esparza 8504 La Madrina South San Gabriel, California Eric Circe 8439 Drayer Lane South San Gabriel, California H. Edward Ross 1727 Eckhart South San Gabriel, California Dave Delgado Mark Schwartz 8231 Bleeker Street 1638 Delta Avenue South San Gabriel, California South San Gabriel, California Mr. Abelson began the testimony by introducing Mr. Colin Gordon, Technical Manager of an acoustical firm. Mr. Gordon stated that he was hired by Mr. Abelson to verify noise level figures contained within the Sound Study conducted by Ultra Systems. He stated that he had not had much time to review the report; however, he had formed the opinion that the analysis was incomplete, that the estimated noise levels were too low, and that noise generated by the cooling towers had not been sufficiently analyzed. Mr. Abelson then stated that he was representing Mr. and Mrs. Schwartz in their lawsuit against California Federal. In addition, he made comments opposing the adoption of the Negative Declaration, and encouraged the City to complete an Environmental Impact Report (EIR). Mr. Abelson also stated that it was his belief that the reports submitted to the Commission were incomplete and biased in California Federal Savings and Loan's favor. Further, Mr. Abelson stated that he did not believe that the mitigating measures contained within the Negative Planning Commission Minutes Regular Meeting - November 2, 1981 Page Five Declaration were sufficient to ensure that there would not be a significant effect on the environment. Mr. Abelson also commented on the noise levels, aesthetics, and additional pollution that could be generated as a result of this cogeneration plant. In addition, Mr. Abelson informed the Commission of the City's liability in the pending lawsuit brought forth by Mr. and Mrs. Schwartz. The remainder of the opponents addressed the Commission regarding their concern for the health, safety, and welfare of the residents of the area. Further comments expressed included the additional noise, pollution, compensation for property damage and loss of property value, as well'as the need for an EIR, the close proximity to three schools in the area, the alleged lack of information, California Federal's loss of credibility in the area, and the use of taxpayer's money to pay legal fees incurred by the-lawsuit. Additional suggestions were also made, including a smaller facility, relocation of the facility and not constructing the facility at all. During the testimony of the opponents, Chairman Lowrey called a recess at 9:50 p.m. The meeting reconvened at 10:05 p.m. PROPONENTS: Mr. Peter Benzian then resumed the floor. He began by introducing several of the consultants retained by California Federal Savings and Loan to design their computer facility. In addition, he stated that they could provide expert testimony regarding the considerations and design of the project. Mr. Benzian also commented on the three issues raised by the opposition. They were noise, pollution, and aesthetics. Further, he stated that comments regarding the City's liability in the lawsuit made by Mr. Abelson were inaccurate and in- correct in that California Federal was not holding the City of Rosemead liable; and, further, that no determination regarding Mr. Schwartz's entitlement to legal fees had been rendered by the court. In addition, Mr. Benzian addressed the Commission regarding the comments by Mr. Abelson that the study by Ultra Systems was biased. In this regard, Mr. Benzian informed the,Commission that Ultra Systems was an independent firm with no connection with California Federal or the City of Rosemead whatsoever, and that the South Coast Air Quality Management District (SCAQMD) had reviewed the figures as well. Further, he stated that the SCAQMD would be granting permits for the construction of the facility within a short time, and Cal Fed would also be required to obtain permits from SCAQMD for the operation of the cogeneration facility. In addition, this facility could not be operated without the permits from SCAQMD. There was then a discussion regarding the NOX emission standards and Mr. Benzian expressed his desire to put the figures quoted into perspective. Further considered during this testimony were comments by Mr. Roger Nappi of Purcell & Nappi Associates regarding the sound attenuation levels. Mr. Nappi stated that the DBA levels were 45 DBAs and not 55 DBAs. In addition, he addressed the Commission regarding the testing conducted on another facility similar to this one, and stated that the vibration would be kept to a minimum because of the mitigating measures and the springs to be utilized in the system. In addition, he offered to review of his figures and computations with Mr. Gordon. The question of aesthetics was then discussed. Mr. Benzian stated that this was, perhaps, the most difficult question to resolve because appearance was a matter of personal taste. Chairman Lowrey also inquired regarding the,type of back-up-generator would be utilized. There was also a discussion regarding the additional data requested by the Commission and the length of time required to gather the pertinent information. Also discussed was the change of noise levels if the facility were to be moved as proposed by the project proponents at the onset of the public hearing; There was also consideration given to the agreement of California Federal not to operate the cogeneration facility if it was found that they could not meet the standards set forth in the report, and the submittal of a maintenance plan to ensure that the facility would always operate at the same level of efficiency. Mr. Benzian agreed to these requests by the Commission. Planning Commission Minutes Regular Meeting - November 2, 1981 Page Six There was then a discussion by the Commission regarding the continuance of the public hearing to the following Monday, November 9, 1981. Mr. Abelson requested that the persons who spoke in opposition of this project be notified of the continuance, and staff was directed by Chairman Lowrey to do so. In addition, Mr. Abelson requested that the 300 foot radius be expanded to Rush Street so that those residents would be aware of this matter being continued. It was moved by Commissioner Schymos, seconded by Chairman Lowrey, to continue the public hearing for Design Review 81-6, to Monday, November 9, 1981. ROLL CALL VOTE - Ayes: De Cocker, Schymos, Lowrey, Ritchie, Mattern Noes: None 6. TENTATIVE TRACT 42312: Request by Winifred Saunders for the subdivision of an existing lot, located at 3853 Muscatel Avenue, into seven (7) single-family residential lots. (Continued from October 19, 1981) Chairman Lowrey stated that the applicant in this matter had left, and that the consideration of this request would be continued to the next regular meeting, November 16, 1981. Hearing no objections by the Commission, staff was directed to place this item on the agenda for November 16, 1981, and notify the applicants. OTHER BUSINESS 7. PC RESOLUTION 81-36 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DENYING CONDITIONAL USE PERMIT 81-233, FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY LOCATED AT 8810 EAST GARVEY AVENUE, ROSEMEAD, CALIFORNIA. Mr. Dickey read the Resolution by title only. It was moved by Commissioner Schymos, seconded by Commissioner De Cocker, to waive further reading and adopt PC Resolution 81-36. ROLL CALL VOTE - Ayes: De Cocker, Schymos, Lowrey, Ritchie, Mattern Noes: None 8. PC RESOLUTION 81-37 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DENYING CONDITIONAL USE PERMIT 81-234 FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY LOCATED AT 9423 VALLEY BOULEVARD, ROSEMEAD, CALIFORNIA. Mr. Dickey read the Resolution by title only. It was moved by Commissioner Schymos, seconded by Chairman Lowrey, to waive further reading and adopt PC Resolution 81-37. ROLL CALL VOTE - Ayes: De Cocker, Schymos, Lowrey, Ritchie, Mattern Noes: None 9. ORAL COMMUNICATIONS FROM THE AUDIENCE - On any matter Chairman Lowrey asked if anyone present wished to address the Commission. No one came forward. 10. MATTERS FROM CITY OFFICIALS AND STAFF A. Commissioner Ritchie stated that the Modification Committee hadrecommended approval of two requests for modifications on pfoperties located at 8655 Marshall and-2459 La Press. 11. ADJOURNMENT There being no further business to come before the Commission, Chairman Lowrey adjourned the meeting at 12:20 a.m., to Monday, November 9, 1981, at 7:30 p.m.