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HomeMy WebLinkAbout03-06-2014 Council Agenda Item 10:10 AM 3 SupplementÐ Rf EilIVED :i i'ili 5 fin i0 1I Agenda ltem: 10:10 A.M. Date: 316lL4 FRESNO CITY COUNCIL [iiY CLERï{, FRESH0 tA ËL=ar.rs\r/,:fflE-=iEz¿¿N-- Supplemental lnformation Packet Agenda Related ltems - 10:10 A.M. Supplemental Packet Date: March 5,2OL4 Item(s) WORKSHOP regarding California Redemption Value (CRV) beverage container recycling facilities in Fresno, and consider direction to staff regarding any revisions to approval criteria for these facilities - (Citywide) - Councilmember Olivier and Development and Resource Management Department Supplemental lnformation : Any agenda related public documents received and distributed to a majority of the City Council after the Agenda Packet is printed are included in Supplemental Packets. Supplemental Packets are produced as needed. The Supplemental Packet is available for public inspection in the City Clerk's Office, 2600 Fresno Street, during normal business hours (main location pursuant to the Brown Act, G.C. 54957.5(2't. ln addition, Supplemental Packets are available for public review at the City Council meeting in the City Council Chambers, 2600 Fresno Street. Supplemental Packets are also available on-line on the City Clerk's website. Americans with Disabilities Act (ADAI: The meeting room is accessible to the physically disabled, and the services of a translator can be made available. Requests for additional accommodations for the disabled, sign language interpreters, assistive listening devices, or translators should be made one week prior to the meeting. Please call City Clerk's Office at 627-7650. Please keep the doorways, aisles and wheelchair seat¡ng areas open and accessible. lf you need assistance with seating because of a , please see Security. flrflebb & Bordson, HPü lo:HerIäTìdêZ - Uorrespondence t0 Uity üounsel - na (l5b$J4U8lU05) l'j í'liñ 5 fiR 10 09 EiÏY CLIRK, FRESHO CA LENDËN F. WEIJB MIRAND^ M. BORDSON AMY LOVIGREN-TIP1'ON 466W. FALLBROOK, .SIJITE 102 FRESNO, CALIFORNIA 9371 1 TIìLEPHONE: 559.,I3 1 .4888 Fncs l¡¡tr LË: 559.821.4500 WWW.WBLAWGROTJP.COM Iinrail: A'l'iptr:u@iWIlLarv(ìr'oul¡.cun March 5,2014 Yia nmait to clert@årsno C_simile to 559-a8l-úffi Yvorme Spence, CMC Fresno City Clerk 2600 F'r'esno Street, Roorn 2133 Fresno, California 937 2 I -3 603 Re:CITY COUNCIL MEETING, March 6,2014 - CRV Beverage Recvcling Facilities An in-deptlt loolc ittto DARM's Report I)ear Council Members, Our ofhce represents the interests of the Flemandezes. The Hernandezes have applications on fìle with the Development and Resoulce Management Department ("DARM") for fwo proposed California Redernption Value ("CRV") beverage container recycling facilities to be sited in the City of Fresno. One of the Hernandezes' applications lvas filed on May 30, 2013, and an a¡rplication for a second location was filed on l)ecember 10,2013. Summary-gf Conclusion Our office has received a copy of the Report to the City Council prepared by DARM ("Report"). Afier reviewing the Report, our office would like to rnake the following relevant observations conceming the contents of the Report. The Report finds no measurable connection between crime and the operation of CRV beverage container recycling facilities, either at the site location or in the surrounding neighborhoods. Existing city requirements mandate that CRV beverage container recycling facilities be designed to be aesthetic and otlierwise compatible with sunounding areas. The pencling applications are in flill compliance with these requirements. The Report discusses the threat of overconcentration of CRV beverage container recycling f¿cilities, but does not provide a basis upon which to measure overconccntration. It should be noted that the pending applications would site l3t¡ð3 tl3/tô5114 tltl Pg '¿-lt¿ fÒ,tò qe'zl¿,laul REÐEIVED ËRËsNO OFI'ICË:466W, FALLßROOK, SUITE ]02, FRISNO, CALIFC)RNI,\ 93711 i:Hebb & H0rds0n, HP0 lo:HelTìälìdez - U0rrespondence t0 Uity 0Ounsel - na (l55SJ¡lUülU0b) WEI]B & BORDSON, APC Fresno City Council - CRV Recycling Facilities Marcli 5,2014 Page 2 of6 lïttl4 1ô3/tò5/14 tlil Pg 3-10 CRV recycling facilities in locations consistent i.vith existing clensities in the City of Fresno.. The Report does not conclucle that there is an overconcenilation of CRV beverage container recycling facilities, or a threat of overcclncentration of CRV beverage ceintairrer recycling facilities in the forcseeatrlc fuLure in Fresno. Therefore, we strongly encorrage the City Council to maintain existing requilernents for CRV beverage container recycling facilities in order to promote business and in ot'der to promote recycling for a graener Fresno. More specifically, we respectfully lequest that the City Council instruct DARM to prornptly process and approve the tr.vo pending applicatioris for CRV beverage container recycling fàcilities in the City of Fresno. Muteriols At tlie outset, we think it important to distinguish between the clifÏèrent recycling facìlities at issue. The Report addresses only CRV bevemge container recycling facilities. ("CRV Recycling Facilities") The CRV Recycling Facilities only pay for glass, plastic and aluminum beverage containers. In contrast, a re,eular recycling fäcility not only pays for CRV beverage containers, but also pays f-or a myriad clf other recyclable materials, including, bnt not limited to, scrap rnetal, copper, and glass, The distinction between the two types of fäcilities is especially irnportant in light of arr afticle in The Business Journal which ¡rrovicles the following quote frorr City Council Member' Clint Oliver': "Unfortunately these recycling centers have become magnates [sic] for thieves who are stealing anything they can get their hands on to get fast cash." (Br.tsiness Ovners Wrant The.ft of Recyclcthles Stoppetl, The Business Joumal, published February 28,2014, øttøched as E:rhibit "A".) Oliver appears to be addressing the complaints by business owners and resiclents regarding stolen air conditioners, copper pipe, and the tilce. CRV Recycling ltacilities do NOT pay for these high-theft materials, and, therefore, con.sideration of this issue is not relevant to the analysis of the current CRV Recycling Facilities situation that is the subject of the Reporl. Further, it is worth noting tliat the state of California, in an effolt to reduce the likelihood of large-scale theft of beverage containers, has recently reduced the daily amount of material that a CRV Recycling F'acility may accept from any individual by eiglrty perccnt (80%). (See pg. 4 oJ' Report, and Exhibit "8" to Report.) Exìstence ofÇYV Beverdge Recvc-l-ttg-[4cilüle¿Manduted hy Cqljfornig!øw- As the Report indicates, CRV Recyclirig Facilities are rnandated by California state enactment, to wit, the Califomia Beverage Container Recycling and Litter Reduction Act. (See pp. 3-4 of Report,\ Therefore, the existence of CRV Recycling Facilities in Fresno is not a detennination which falls within the purview of City Council. lnstead, at issue is the purporled proliferation of CRV Recycling Facilities in Fresno, or, alternatively, the potential for proliferation of CRV Recycling Facilities in Fresno. It is with this in rnind that lve would likc to r:llebb & Bordson, flPC To:Hernandez - Correspondence to WEtsB & BORDSON, APC Fresno City Cìor.rncil - CRV Iìecycling City Counsel - l{a (15594881005) Facilities l3tØ4 Ø3/Ø5/14 EST Pg 4-10 Marclr 5,2014 Page 3 of6 make the following points in response to ihe Repoú and in aclvance of the City Conncil's discussion of same. Attttlysis of' Pote ntjgnpþlpltË Rpluql¿B_ to C R l! IlcqE!!!JgI!!CIø!9r_ The Report's anaiysis into potential problems associatecl with CRV Recycling F'acilities can be naffowed down to two categories: Theft or crirre, ancl visual blight.l Nq0vidence of'Çttuç ¿s;pctutp_d"ywitlt ÇR-!!-fte"_cy.Clittg Fttc_il_ily QperuttpttS. In terms of crinre at or near the CR\¡ Recycling Facilities, the Report finds no measurahle increase as compared lvith äreas in which there are no CIÌV Recycling .Facilities. (See pp. 9- I I a.f'Report.) Yet, notwithstanding the forcgoing, the Repolt goes on to suggest that a policy change could be irnplemented tlirough which applications for CIRV Recycling Facility locations could be denied where the pre-existing crirne rate is high. If it is the Report's unsubstantiated conclusion that CRV Recycling Facilities promote criminal activity, then ìt wourld flow from tliat logic that in denyíng applications in areas where pre-existing crime rates are high, tire City will simply be forcing the crirninal element fi'orn these high crirne rate areas into areas oÍ'lower crime rates where CRV Recycling Facilities have been duly approved. It is worth noting that in tenns of geographic size, Fresno is fairly small, and, therefore, the distinction between high-crinie rate areas and areas of lorver crime rates is more a theoretical distinction. qrcaqtiye SIep"ç Urt_n_ss9$ely1¡l¡ght_qt I r.e_Ðql!_E¡Ddirgt Further, the Report outlines additional proactive steps that may deter crime, if any, at the CRV Recycling Facilities. 'Ihe potential policy changes could require applicants to choose a more visible location at the shopping center, or. alternatively use video surveillance at the locatìon. (See p. l0 oJ'Reporr.) A voucher system for paying people who drop off materials is also suggesred, (See p. l0 of Repart,) Without any ernpirical evidence of criminal activily at ClìV Recycling Facility locations, it is difficult to jr-¡51lfy a series of conditions and lirnitations placed on the permittíng of same, ostensibly in order to reduce the likelihood of crirninal activity. Despite the determination that there is no measurable íncrease in crime associated with CRV Recycling Facilities, the Report makes tlie following assertions:. "It is widely observed that persons are stealing cans and bottles from curbside recycling bins , . . and leaving litter behincl." (See p. B of Report.). "Having too many recycling stations and/or siting them too close to each other can . . . potentially exacerbate the plundering of recyclable beverage containers [in]recycling and trash bins." (See p. B of Report.) I Tlrc Report rnentions "Overconcentration of CRV recycling facilities" (See p. I2 of tleport.) as an independerit area of concern but then goes on to state that the poteutial îtrl recyclable material thellt is the hann that rnay result lronr overcorlcentration. "fhereforc, we lvill addrcss that concern in conjunction r.vith otrr analysis of the theft and crirne corrponent of the Report, ftHêbþ & tsords0n, HPU lo:Hernandez - 0Orresp0ndence t0 Uity f.;ounsel - na (155tJ488100b) WEBB & BORDSON, APC l3t1ô51ô3/tò5/14 t5l Pg b-10 Fre.sno City Council - CRV Recycling Facilities Marclr 5,2014 Page 4 of'6 The folegoing conclusory statements are not stqlported by any evidence establishin-c that the statements accut:ately leflect or predict orirninal behavior. As such, the statements should be treatecl as unsubstantiated opinioris. Infaat, the eviclence containecl within the Report contradicts the irnplication that there is a r,vide-soale problem of persons stealing "cans and bottles from curbside recycling bins." (See p. B of Report: see cilso See p. I I oJ'Report and Exhibit "J" to Repon.) RequirinLAttentiqU Tlre Report, in looking into the crirninal elernent that could be associated with CI{V Recycling Facilities, specifically addresses the possibility of theft from lecycling bins. However, the Report finds that there rvere only fourteen (14) incidents relating to theft from recycling bins in Þ'resno during thc calendar years af 2012 and 2013. (See p. I I of Report an.d Exh.ibit "J" to Report.) Yet, the Report goes on to state that "[t]he low number of incidents in tlre database indicates that complaints are nclt being directecl to the Police Department." (See p. I I of Report.) There is no factual assertion in support of tliis proposition. Rather, the Report states that other city offices have received complaints about this problern . (See p. I I of Report.) 'llhere is nothing in the Report, or any other source, to inciicate that the low number of re¡rorted incidents relating to recycling bin theft is not reflective ol the actual level of activity. Without more, the City Council should rely on the actual numbers provided by the Fresno Police Departrnent in ordel to cletermine the extent of the problern relating to recycling bin theft. As with the other crime data, the recycling bin theft nurnbers are too low to warrant furlher attention. An additional point worth noting is that persons willing to comnrit theft of another's recyolables will likely not cease simply because he or she has to travel a tèw ext¡a blocks to cash in the stolen recyclables. The proposed changes requiring additional steps and procedures in tlie City's permitting of new CRV facilities will have little effect, if any, in terms of discouraging thefì cf beverage ccntainers fi'cn recycling bins. AU!-v"Us of Overconccntratl0!...frj:ÇBy R9çyçI¡trs Facilities Cautionary. B-ut U¡¡l¡ppq$d. Finally, regarcling potential for crirninal activity, the Report mentions that an overconcentration of CRV Recycling Facilities could "exacerbate" theft of recyclable material. f'his assertion appears ¡vice in the Report, but does not provide any supporting authority. (See pp. 8, l2 of'Repot'l) TherefoLe, the proposition merely amounts to speculation, and, as such, should be treated by the City Council accclrtlingly. Sumrnery o.lÇtiuinal Activity-il Relation to CRV Recy In sum, the Rcport is noticeably devoid of any facts or statistics that indicatc that CRV Recycling I'acilities increase crilne rates, or otherwise encouräge or fbster crirninal activity. While cursory steps should be contemplated to help reduce any potential for orirlinal activity, any clianges in the application process should be w'eighed against tlie need for the additional steps, The Ciry Council sbould consider that placing additional hurdles in front of prospective CRV recycling business owrlers may irave thc' deleterious effect of discouraging nerv business in the City of Fresno as well as hanrpering community-wide recycling efforts. flrHebb & tsordsoll, HPU lOrtlernandez - üorresp0ndence t0 Uity U0unsel - na (ì55t]4UUl0Ub) WEBB & BORDSON, APC Fresno City Council - CRV Reoycling Facilities March 5,2014 Page 5 of 6 l3:Uti 03/0bl14 Lltl Pg tt-lU C u' r etú Citv Re q uir e m e ntË:4 tltlres;-L pgg An additional alea of concem acldressed by the Report concetrls "visual blight and poor design." (See pp. I2-13 oJ'Reporf,) Overall, the anaiysis should center on ¿lesthetics, wliile not giving short shrift to the other issrres of conccrn. lt would appcar that some of the suggestions f'or írnproving aesthetics would actually result in more areas in and alouncl the CRV Recycling Facilities being hictdcn fiom public view. (See p. I 3 of'Reporr.) T'his stands in contrast to tul earlier suggestion containecl withilr the Report which indicafes a need to site tlie facilities in "visible, pulilic areas of shoppíng centers." (See p. 10 o/'Reporf) Moreover, the Reporl suggests many upgrades and improvements lvhich rvould improve the appearances of the CRV Recyciing F'acilities. The City Coruicil should temper these suggestions with tlie reality that many of the CRV Recycling Þ-acilities operate on a thin budget due to a srnall profit tnargin. lìntlher,lnany CIIV Recycling Facilities operate under sholt-tenn leases with shopping center lancllords. Theref,ore, to require CRV Recyclirrg Facilities to erect petmanent and seuri-pennanent structut'es with architectural and aesthetio qualities may be the coup cle grace to many existing and prospective CRV recycling business owners. This too may have the cleleterious effect of discouraging neiv business ir the City of Fresno. Public Policv: Lesser af Tu,o .Evíls A flrnal cornrnent worth noting involves public policy, From a public policy standpoint, even assulning that bad actors are in fact stealing recyclable beverage containers that would otherwise be picked up by the City's contractor, and therein diverting thern to CRV Recycling Facilities, this conduct would be the lesser of the two evils if it prevented those same bad actors from engaging in nefarious acts of violence and/or damage to property or persons. Along those lines, the Report makes a passing reference to fiscal impact reiating to losses of curbside recycling rnaterials. However, these rninirral losses, as inferred frorn the lack of "inciclents" reported in2012 and2013, 'uvould be more than offset by the licensing and busìness fees that existing and additional CRV Recycling Facilities generats' Conclusiott To recapinrlate, there is no evidence of an increase of crirninal activity in relation to CRV Recyoling Facility operations, either at the site or in the sutrounding neighborhoods, f ufther, there is no evidence to suggest that at present time, there is an <¡verconcentration of CRV Recycling Facilities. Instead, it looks as though CRV Recycling Facilities have been unfairly targeted due to theft of scrap metal, copper materials and the like. However, these materials are not redeemable at CRV facilities, and, thus, the connection is unfounded. Moreover, the current Cify requirements already mandate that each CRV Recycling Facility be "located and designed to be aestiretically cornpatible with tlie clesign oithe existing commercial center", so any additional requirernents relating to aesthetics would be redundant, For the foregoing leasons, we respectfully request that the City Council instnrct DARM to plocess the pencling applications, pursuant to existing mles for same, and allow those same regulations to govern until such a tirne when ernpirical eviclence mandates action by tlie City Council regarding this matter. r:ì,lebb & Bordson, flPC To:Hernandez - Correspondence to City Counsel - Ha (15594881Ø05) 13207 Ø3/Mtl4 EST Pg 7-10 WEBB & BORDSON. APC Fre$ro City Council - CRV Recycling Facilities March 5,2014 Page 6 of6 Feel fì-ee to contact our office with any cluestions regarcling the foregoing. ART;mss cc: client (via emai[) AnÚ R.Lovegren-f ipton, Esq. WEBR & BORDSON, APC I:l.lebb & Bordson, HPU l0:tlerfländêZ - üOrresp0ndence to Gity 0runsel - fla (l55t4EElUUb) l3ttll tl3/tl5/14 tltl Pg E-lU l:llgbb & ts0rdson, HPü lo:HêlfläTldêz - üorrespondence t0 Uity ü0unsel - l1a (lb594UElUU5]l3t¡il tò3/¡ò5/14 tltl Pg 9-10 tsusFness ownefls want tl^teft of recyclables stopped Published an 021281201 4 - 2:29 pm Written by Business Joumal Staff .1:r,d Clint Olivier with chain loclt. Local business owners, meeting with Fresno City Council member Clint Olivier on Friday, told Olivier that it'g time to stop thieves who steal goods for recycling. They also complained that the city has too many recycling centers, most of which they said are not well monltored. To start with, they want shopping carts removed from the streets of Fresno to reduce the iheft of thousands of dollars of copper and other recyclable goods by people using the carts to haul away recyclables and then sellthem to recycling centers. Thieves also use the carts to carry tools needed to steel copper and other goods, they said. They suggested that the city use cable locks to attach shopping carts to poles along streets until they can be picked up. The group also called on the city to provide a city truck and workers to gather carts that have been left on streets. They complained that supermarkets make little effort to gather up their carts. ¡:l.lêbb & tsordson, HPU l0rtlernandëZ - ü0rrespondence t0 U¡ty üounsel - na (1559488ìUUb)l3tllô tß/rô5/14 tltl Pg lU-lU ln addition, they want the city to place tighter rêstrictìons on the more than 100 recycÌing centers that are run under Califomia's CalRecycle progrâm. The business leaders charged that the centers are havens for people looking to cash in stolen goods. The City Council will address the reaycling center issue at 10'10 a.m. on March 6. Don Plaster, owner of Skee's Recycling lnc. in Fresno, said some recycling businesses are lax, while others are more responsible. Skee's requ¡res identification and a three-day wait for payment if the center does not have the sellers name and information on fíle. "We turn down people all the time," he said. Olivier said in a release that several business owners and residents contacted him aboutthe high density of recycling centers ìn Fresno. They complained that criminals are targeting their stores, homes and offices to steal items that can be easily turned into cash at nearby recycling centers. "Unfortunately these recycling centers have become magnates for th¡eves who are stealing anything they can get their hands on to get fast cash," Olivier said. "Our business owners and residents have had enough and something must be done to address this issue. Items being stolen range from air conditioners and copper pipe to aluminum cans taken from cíty- issued recyclable trash barrels. Olivier said the city could place a rnoratorium on new recycling centers in the city. And code enforcement could be more strictly enforced, he said. But Rick Austin, owner of Austín Enterprises in Fresno, said that crime could be cut by 80 percent in 30 days simply by getting shopping carts off the streets. "The papenrvork process doesn't do anything," he said regarding to making changes in recycling center laws. He said that without the carts, thieves simply cannot carry the heavy recyclables like copper that they are stealing. Austin handed a heavy-duty chain lock to Olivier, saying, "this is what we need." Olivier suggested some additional ideas, including requiring a permit to operate a recycling facility, requiring a recycling center to keep a security guard on staff and limiting the amount of recycling materials recycling centers can accept. [:Hêbb & Bords0n, HPU l0:tlêl]ìâTìdêz - Uorresp0ndence t0 Uity U0unsel - na (155C¿l8UlU05)ßtW rß/tl5/14 tlìl Pg l-10 Dear Ms. Spence, Please find attached corresponded from our office regarding the DARM Repod that will be discussed by the City Council at the March 6,2014 meeting. Please provide a copy to all City Council members. Please fell free to contact our off¡ce should you have any questions regarding the foregoing. Regards, Michael Michael S. Shaddix, Post-bar Law Clerk \,\,EBB & BORDSON, APC 466 W Fallbrook Avenue, Suite 102 Fresno, CA 93711 Phone: (559) 431-4888 Fax: (559) 821-4500 Drect (559)579-15M E-mail: MShaddix@\Äy'Blau,'Grotrp. com Website : www. \Ä/B LawG roup. co m NOTICEOFCONFIDENTIALITY: Tlúsco[ficlentiatE-mailisfrornalarvfinn. Itiscor,'eredbytheElectronicCorunuricationsPriv-acyAct.ì8U.S.C.Sectious attaclllnents.