HomeMy WebLinkAbout1997 09 17 CC MIN SS1997 09 17 CC MIN SS @˜ } ò MIN SS SEP 17 1997à›[H'á8 REGULAR STUDY SESSION MEETING OF
THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CITY HALL, 14403 EAST PACIFIC AVENUE,
WEDNESDAY, SEPTEMBER 17,1997
The City Council met in regular Study Session in the
Council Chambers at 6:00 p.m.
ROLL CALL PRESENT: COUNCILMEMBERS LOZANO, MUSE, VAN
CLEAVE, AND MAYOR LOWES
ALSO PRESENT: City Attorney Olivas,
City Manager Yeats,
Acting Chief of Police Kies,
Dir. of Community Development Cervantes
Acting Dir. of Public Works Idnani
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro, and
City Clerk Gair
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CLOSED SESSION
The Study Session was adjourned to a Closed Session to consider Conference With
Legal Counsel Existing Litigation, Christopher Carlos vs. City of Baldwin Park, Case No.
96-0035, Pursuant to Government Code 54956.9.
City Attorney Olivas stated that a Closed Session was held pursuant to Government
Code 54956.9. In that session Council approved the settlement with Chris Carlos.
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The regular Study Session reconvened at 6:05 p.m. Roll call remained the same.
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REPORTS OF OFFICERS, COMMISSIONS. AND COMMITTEES
Assistant to the City Manager Roessler requested Council take public input regarding
the disturbances caused by the Metrolink trains, allow Francisco Oaxaca to speak on
behalf of Metrolink and provide staff with direction regarding the implementation of a
quiet zone within the City limits. At the September 3rd. Study Session meeting Mr.
Stanger, Executive Director of Metrolink, conveyed his desire to assist the City in
becoming a quiet zone and further explained the reasons for the actions of the
conductors. In a letter dated September 4th, Mr. Stanger estimates spending
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1997 09 17 CC MIN SS @˜ } ò MIN SS SEP 17 1997à›[H'á8REGULAR STUDY SESSION MEETING OF THE PAGE NO. 2
CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 17,1997
$150,000 $250,000 for engineering studies and the design and improvements of
introducing 200 foot non-mountable median barriers approaching each of the 6 grade
crossings. Covina's quiet zone will cost approximately $800,000 for improvements to 12
crossings. Metrolink would require coverage of half of up to $3 million in damages. Staff
will research all funding possibilities for the project.
Francisco Oaxaca, Metrolink, stated he is working with Covina on the Quiet Zone Project
and one of the options that the Federal Railroad Administration FRA) has made
available to cities or local jurisdictions is to phase the construction or development of the
Quiet Zone. Covina has 12 different street crossings in a 5 mile stretch, the FRA can
create many Quiet Zones, from 1/4 to 1/2 mile in length, as long as those Quiet Zones
are right next to one another. They would consider a Quiet Zone of 1/2 mile in length
at one end of the City, and the next year, another at the other end of the City. It is one
way to take the City's transit dollars and to give additional funding options. Regarding
the liability insurance, Metrolink's position is the City shares some amount of liability for
any incidents that occur within a 1/4 mile of the street crossing, not the entire distance.
The 1/4 mile distance is important, because that is the distance that the train horns
begin to be blown as a train approaches a street Crossing.
Covina has submitted an official petition to the FRA for the Quiet Zone, it has reached
a level of review and there has been an informal response from the FRA. Some of
Covina's crossings will not allow them to install the 200 foot raised medians from either
side of the railroad tracks. The City of Covina recommended that one of their 12
crossings be closed. The FRA has informally asked the City of Covina to possibly
creating 3 grade separations, due to the level of vehicle traffic through 3 of the crossings.
Finally, Metrolink is fully committed to working with Baldwin Park on the Quiet Zone
Project.
ORAL COMMUNICATIONS
Mayor Lowes declared Oral Communications open and invited those wishing to
speak pertaining to the Metrolink to come forward.
Jeannette Vazquez, Representative of Assemblyman Gallegos, stated that the
Assemblyman is looking into the Metrolink matter, and telephone calls have been
made to the Transportation Commission in Sacramento. Research is being done on
funding that the City may be eligible to receive to help with the Quiet Zone.
Marvin Mittlestaedt, 3545 Feather, stated his concerns about the freight trains. The
flat wheels are the biggest bother.
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1997 09 17 CC MIN SS @˜ } ò MIN SS SEP 17 1997à›[H'á8REGULAR STUDY SESSION MEETING OF THE PAGE NO. 3
CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 17, 1997
City Manager Yeats stated that Southern Pacific had been contacted and invited to be
at the meeting. The City has informed Southern Pacific of the same complaints as
Metrolink.
Dan Trunco, Baldwin Park, stated that he did not understand about the City sharing in
the costs. Metrolink built the railroad, they knew there would be a problem, they should
have corrected the problem in the beginning. Why should the City have to put tax
money into the project. A noise tunnel or noise wall should have been erected in the
beginning.
April Dawn Walker, 3656 Paddy Lane, stated there has never been any trouble with the
freight trains until the new tracks were installed. Suddenly, the freight trains have
become loud. On September 6th, the Walker's were sifting in their backyard, a train
crossed Merced headed northbound, and right behind her house the engineer honked
the horn very loudly. The train had already crossed the intersection. About 5 minutes
later a southbound train did not honk the horn at all, not even for the street.
Approximately 6 minutes later a freight train came by which honked 3 times, but they
were muffled honks. She does not understand what good a 200 foot median would do.
Apparently the freight trains have found a way to honk the horns that are not as loud.
Sound walls are needed behind the homes along the track.
Leonel Velarde, 3872 Paddy Lane, stated that the impression he got from Mr. Stanger
is that he has had a lot of experience with trains. Mr. Velarde told of his experience
operating a power plant in the Navy dealing with diesel, electric generators, which is
basically a power plant for a diesel locomotive. 2,000 horse power, 800 1,000 kw
generators, the operators were required to wear ear plugs, the only way to communicate
was in writing. If that is placed on a steel track with a horn, there will be vibration and
noise. He invited Mr. Stanger to visit his home and to feel the vibration, the speed is too
fast and horn is too loud.
David Avi Ia, 3848 Paddy Lane, thanked Councilman Lozano for representing the people
in the Metrolink situation. He thanked Council and staff for input for, calling, and the
rapid response to the citizens. He hopes that all can work together to resolve the issues
including the Southern Pacific.
Ted Krause, 3656 Paddy Lane, encouraged the Council to look at the depreciation in
property values before paying the money for the problems that Metrolink has created.
Metrolink should pay reimbursement to the property owners.
Francisco Martinez, 3163 Feather, translation by Finance Clerk Hernandez), stated
that his nephews had to be taken to the doctor because they are frightened by the
Metrolink. It is excessive what he has to deal with. When the Metrolink first started it
was his understanding that it would pass two to three times a day. He compared the
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1997 09 17 CC MIN SS @˜ } ò MIN SS SEP 17 1997à›[H'á8REGULAR STUDY SESSION MEETING OF THE PAGE NO. 4
CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 17, 1997
Metrolink with living under a freeway underpass. How many trains will pass by in the
year 2000, and how often will that occur.
Jesus Morales, 3762 Paddy Lane, stated that he has lived for 32 years in the
community. The trains only passed once a day when he first moved into his home.
Metrolink stated in the beginning that only a few trains would pass in the morning and
a few at night. There is no benefit to the community, the people that use the trains are
people that work in Los Angeles. The people that live in Baldwin Park do not use the
Metrolink. His health is being affected by the Metrolink. His relatives do not want to
visit because of the noise at night, and it scares the grandchildren. He cannot sell his
home because he will lose money.
There being no other speakers, Mayor Lowes declared Oral Communications closed.
COUNCIL COMMENTS
Mayor pro tern Muse stated that she hears the train too, and she lives a couple blocks
away from the tracks. The Eastside Little League games have to be stopped when the
trains go by, people are scared because the balls go over the fence kids go over to
retrieve the balls. Letters have been written to Metrolink requesting they improve the
fencing by the Eastside Little League fields and by the schools. She recommended that
Councilmember Lozano head a committee of staff and residents to address the
vibrations, to look at the soil, the sound walls, and how the City gets the sound walls,
and the funding to accomplish all this. See if there is a way to work with Covina on
the Quiet Zone to save money. She also asked if the 200 foot medians are to prevent
the cars from illegally crossing the tracks. Finally, the safety of the railroad crossing for
the schools children that a re crossing.
Councilmember Van Cleave stated that he has walked the tracks from Francisquito to
Maine, the biggest complaint is the noise from the horns. Why do some engineers blast
the horn and others are mild. Metrolink should be able to stop the variance in the horn
blowing immediately. Need to know how many fences have fallen down or are in
disrepair due to Metrolink? How many children have been playing on the tracks this
summer? It is easy for a child to walk out their back yard on to the tracks. If there is
a problem with the soil that the fences break down, take tests, find a solution. He urged
everyone that has a broken fence, don't wait for someone to repair the fence, contact
Metrolink.
Councilmember Lozano stated that he too had walked the Metrolink and saw the walls,
the chainlink fences and backyards exposed. The property values will go down and it
is the residents' responsibility to voice their concerns and to take a stand. He urged
Assemblyman Gallegos and Senator Solis' Office to seek whatever funds available to put
up a sound wall. It is not the City's responsibility to pick up the whole tab at the
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1997 09 17 CC MIN SS @˜ } ò MIN SS SEP 17 1997à›[H'á8REGULAR STUDY SESSION MEETING OF THE PAGE NO. 5
CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 17, 1997
expense of the taxpayers. He requested Assistant to the City Manager Roessler to
research how much money is available in the Prop A & C Funds and the Transportation
Capital Improvement TCI) funding. He thanked Mayor pro tern Muse and &all the Council
for creating the committee with members from the community to reach a solution to the
Metrolink problems. Councilmember Lozano requested a letter be sent to Southern
Pacific inviting them to attend the meetings.
In response to Councilmember Lozano, Mr. Oaxaca stated that the FRA asked cities to
create some barrier to prevent cars traveling in one direction from driving into the
lanes of traffic on the opposite side to get around the crossing gate. FRA suggests that
a median strip, between the two lanes of traffic, traveling in each direction, that's 200
feet long from the tracks, on either side up and down the street, and that's high enough
so that it cannot be mounted by a normal vehicle. A non-mountable median is
something with a curb that is 8 10 inches high. Covina has proposed a 8 inch high
median with the center filled with river rock. There are no sound walls proposed by the
City of Covina. The focus of the Quiet Zone as far as the FRA is concerned) is for
cities to propose what improvements they can make at the railroad crossings for safety
purposes, that will replace the blowing of the horn. FRA has suggested street closures,
grade separations and other options such as quad gates.
Mayor Lowes requested Councilmember Lozano to interpret what he said in Spanish to
the audience.
Mr. Oaxaca further stated that the same concerns of Baldwin Park are the same as
Covina residents. Metrolink has 3 areas in the system in over 400 miles of track that fall
into this category, where the tracks were built in the late 1800's, and at some time,
homes were allowed to be built along the railroad tracks. There is a 2.4 mile stretch in
Baldwin Park, a 5 mile stretch in Covina, and another 5 mile stretch in Orange County
that has homes built along the tracks. Metrolink proposes to work to achieve realistic
situations, safety wise and fiscally. In response to Mayor pro tem Muse he stated that
the City of Covina and Baldwin Park do not border, Irwindale inserts itself between
Covina and Baldwin Park.
Metrolink learned in Covina that there were a number of noise and vibration studies
carried out through out the country. The concerns in Covina could not be addressed by
any of those studies. Metrolink and Covina both conducted independent noise and
vibration studies, and stuck measuring instrumentation in peoples backyards, balconies
and used a vacant piece of property located by the railroad right-of-way. Metrolink will
make available copies of their study of noise and vibration to the City of Baldwin Park.
Regarding the inconsistent blowing of the horns, Metrolink's approach is to phase in the
installation of horn sequencer the horn sequencers removes the human element of
blowing the horn. As far as the conditions of the walls and fences, within the City along
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1997 09 17 CC MIN SS @˜ } ò MIN SS SEP 17 1997à›[H'á8REGULAR STUDY SESSION MEETING OF THE PAGE NO. 6
CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 17,1997
the railroad tracks, in the City of Covina Metrolink had engineers evaluate those
instances for possible reimbursement for damages. Metrolink will work with the City on
the fence issues. All the claims in the City of Covina turned out to be damages that were
most likely caused by water damage, by installation or construction of fences or walls
that were not reinforced, and many of the fences or walls were 20 30 years old. It was
difficult to determine what was the cause of the condition.
In response to Mayor Lowes, Councilmember Lozano stated that he would be willing
to work with staff on the Metrolink Committee. City Manager Yeats suggested that if
there are any residents who would be willing or desire to serve on the citizen committee
to work with staff and the City Council on solving the Metrolink problems, please contact
Assistant to the City Manager Roessler.
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Mayor Lowes adjourned the regular Study Session meeting at 6:59 p.m. There
were no objections.
LINDA L. GAIR, CITY CLERK
BETTY BRANEK, DEPUTY CITY CLREKL
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