10-08-1984 - Regular Meeting - Minutes0
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REGULAR MEETING
WEST COVINA CITY COUNCIL
October 8, 1984
M I N U T E S
The regular meeting of the City.Council.of West Covina was called to order at 7:30pm
in the City Hall Council Chambers, 1444° W.. Garvey Avenue, West Covina, California.
The Pledge of Allegiance was led ,by Mayor Bacon'and the, invocation was given by
Bob Graham of Faith Community Church.
ROLL CALL Mayor Bacon, Mayor Pro Tem Tennant, Councilmembers Shearer,
Chappell,.and Manners
Others Present: Mooney, Fast, Lennard, Thomas, Miller, Eliot, Yoshizaki, Fry,
Holmes, McClelland, Yoshino, Southard, Volmert, Clark, Calmes,
Berry
APPROVAL OF MINUTES Motion by Chappell, seconded by Tennant, and unanimously car-
ried to approve the Minutes of September 10, 1984.
PRESENTATIONS Mayor Bacon presented four distinctively different Olympic
flags flown in the City during the 84 Olympics to Josephine
Antista who accepted them in behalf of the West Covina
Historical Society.
Mayor Bacon presented FIRE PREVENTION WEEK (October 7 through
13, 1984) Proclamation to Fire Chief McClelland.
Mayor Bacon presented CALIFORNIA TRAFFIC SAFETY WEEK (October
14 through 20, 1984) to Commander Holmes.
AGENDA COMMUNICATIONS
CONSENT CALENDAR
Queen of the Valley
Hospital
No items discussed.
Written Communications
Request -received from Queen of the Valley Hospital for a parade
permit to conduct a 2K, .5K and 10K run to take place from
6:30am through 10:30a.m on Saturday, October 20, 1984. (staff
recommends approval,.subject to standard conditions)
Planning Commission
Summary of Action of September 19, 1984 (receive & file)
Summary, -of Action of October 3, 1984 (receive & file)
Recreation and Parks Commission
Summary of Action of September 25, 1984
Personnel Commission
Summary of Action of September 12, 1984
Human Resources Commission
Summary of Action of September 27, 1984
Transition/Waste Management Commission
Summary of Action of_September'20, 1984
_1_.
(receive & file)
(receive & file)
(receive & file)
(receive & file)
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Tracts 32486 & 35212
Mayer Group, Inc.
Tract 39540
Crismar Development Corp.
Komei, Horimoto dba
Yang, Li Hui
Galea, Shirley dba
Khan, Adnan U1 Haq dba
Huynh, Hieu Sam dba
Petrie, Maria (Notice of dba
withdrawal of application)
ABC Applications (Chief of Police reports no legal basis for
protest)
Ceetatian. Daranee dba THAI VILLAGE
1557 E. Amar Road #E
JAPANESE RESTAURANT TAKEYA
843-45 S. Glendora Avenue
RED DEVIL PIZZERIA & REST.
420 N. Azusa Avenue
SEVEN ELEVEN STORE
1319 W. Merced Avenue
CHINA STAR. RESTAURANT
3642 S. Nogales Street
POST HORN
178 S. Glendora Avenue
Claims for Action (Deny and notify claimant)
On July 3, 1984, a claim.for personal injuries was received by
the City Clerk's Office from Leandra Oronoz (minor child). The
amount of claim had not been determined at time of presentation,
On August 6, 1984, a claim for personal injuires amounting to
.$1 million was received by the City Clerk's Office from Betty
Coffman.
On August 7, 1984,,a claim for damages was received by the City
Clerk's Office from Dora Marsano. The amount of claim had not
been .determined at time of presentation.
On August 14, 1984, a claim for personal injuries amounting to
$28,G72.62 was received -by the City"Clerk's Office from Paulett(
Irene Millette.
On August 22, 1984, a claim for personal injuries amounting to
$5 million was received by the City Clerk's Office from Jim
Carroll Clayton.
On August 27, 1984, a claim for personal injuries amounting to
$1,510.was received by the City Clerk's Office from Rebecca
Trujillo.
On August 27, 1984, a claim for personal injuries was received
by the City Clerk's Office from George and Sonia Field, CIGNA
Insurance Companies and Dorothy Pinsky. The amount of claim
had not been determined at time of presentation.
On August 30,.1984, an application to file a late claim for
personal injuries amounting to $23,518 was received by the
City Cler.k'sw.Off-ice from`David L. Shaw.
Acceptance of Improvements and/or Release of'Bonds
Location:,'North of La Puente Road and east of Nogales
Staff recommend.' accepting public works improvements and acknow-
ledg`,ng completion.of grading and releasing Surety Insurance
bongs Nos. 5857 in the amount of $122,000 and No. 5855 ,in the
amount of'$11'5,950 and No. 58 W. in the amount of $115,950.
Location: South of.Amar, east of.Nogales (City of Walnut).
Staff recommends accepting'water1ine improvements and releasing
,.Bond No. 012844 in the amount' of $53,400.
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CITY COUNCIL MINUTES
October 8, 1984
Page Three
Miscellaneous. -Public Works
Lot Line;Adjustment No. 38 - Meyer, Gutierrez
Location.: South of Montezuma, west of Citrus Avenue
Resolution 6936 - RESOLUTION NO. 6936 -*A RESOLUTION OF. THE CITY OF WEST
Lot Line Adjust. 38 COVINA,. CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 38 AND
DIRECTING THE RECORDATION THEREOF
Lot Line Adjustment No. 18 - Authorization to Execute
Corporate Deed - Barbara L..Callahan
Location: Northwest quadrant of Azusa & Fairgrove Avenues
RESOLUTION NO. 6937 - A RESOLUTION OF'THE CITY OF WEST
COVINA`, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CORPORATE GRANT DEED IN FAVOR OF BARBARA L. CALLAHAN
Traffic Committee Minutes
Regular meeting of September 18, 1984 , (accept and file)
City .Treasurer
Report for the month of July, 1984 (receive & file)
Quarterly Construction Report -
Review Engineer's Report. (receive & file)
Federal Flood Hazard -*Insurance Program
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Review Engineer's.Report. (receive & file)
CONSENT CALENDAR MOTION
Motion by Chappell, seconded by Tennant to,approve all items
listed on the Consent Calendar. Motion carried by roll call
vote:
AYES: Manners,_*Chappell, Shearer, Tennant, Bacon
NOES: None
AWARD OF BIDS
1) SS 83105-'RESTROOM SEWER FACILITIES IMPROVEMENT
Council reviewed staff's report.
SS 83105 -
Motion by Chappell,.seconded by Tennant, and unani-
Barron-Masonovich
mously carried to accept the bid of Barron-Masonovich,
(a joint venture)
Arcadia, in the amount of $7,018.00 as submitted at the
bid opening on October 2, 1984, and authorize the Mayor
and City Clerk to execute an appropriate agreement.
2) PROJECT PP 84204 = PARK SAFETY LIGHTING
Council reviewed staff's report'.
PP 84204 -
Motion by Tennant, seconded,by Manners, and unani-
Award held over
mously carried to hold over the award of..this project
until the next regular Council meeting of October 22, 1984,
to allow time for further review.
3). MP 80014-1 & MP 80014-2 - NOGALES STREET AND AMAR ROAD
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MEDIAN LANDSCAPE IMPROVEMENTS
MP 80014-1 & MP 80014-2
Council reviewed staff's report.:
Bids rejected
Motion by Chappell, seconded by Tennant, and unani-
mously carried to reject all bids and authorize staff to
modify the plans and specifications.
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CITY COUNCIL MINUTES
October 8, 1984
Page Four
4) AWARD OF MAINTENANCE DISTRICT 1 & 2 CONTRACT
Council reviewed staff's report.
• Landscape Maintenance
Motion by Tennant, seconded by Chappell, and unani-
Mariposa Landscape
mously carried to accept the -low bid of Mariposa Landscape
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for the -sum of $7.0,080 annually and authorize the Mayor
and City Clerk to execute an agreement with said Mariposa
Landscape for'this project..
5) CLOSED CIRCUIT TELEVISION (CCTV) SYSTEM: BID NO. 85-9
Council reviewed' staff's.report.
Bid No: 85-9
Motion by Manners, seconded by Tennant, and unani-
Award held over
mously carried to hold over to..the next regular meeting
of October 22, 1984.
PUBLIC WORKS DIVISION
1) SD 85118 - JAMES'AVENUE DRAIN RECONSTRUCTION
.Council reviewed Engineer's Report.
SD 85118 -
Motion by Chappell,.seconded.'by Tennant, and unani-
Plans & specs approved.?
mously carried to approve the plans and specifications for
City Project SD 85118 and authorize the City Engineer to
call for bids.
2) PP 85204 -TRASH ENCLOSURE IMPROVEMENTS
Council reviewedEngineer's Report.
PP 85204 -
Motion by Chappell, seconded by Manners, and unani-
• Plans.& specs approved
mously carried to approve.the plans and specifications
for City Project PP 85204 and authorize the City Engineer
to call for bids.,
COMMUNITY SERVICES DIVISION
COMMUNITY -SERVICES.,'
1) .ANNUAL STATEMENT'OF:ECONOMIC INTEREST -
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TRANSITION/WASTMANAGEMENT COMMISSION E
-.Council- reviewed -....staffs report.
City Attorney presented:
Resolution 6938 - _
= RESOLUTION NO.•6938 - A RESOLUTION OF THE CITY COUNCIL
Conflict of Interest
OF THE CITY OF WEST COVINA,'CALIFORNIA, ESTABLISHING THE
Code adopted
FINANCIAL DISCLOSURE,REQUIREMENTS FOR THE TRANSITION/WASTE
MANAGEMENT COMMISSION'°•.,
Motion�b.y`-'Chappell, seconded by Tennant, and unani-
mously carr"ied.'eo`waive further reading of the resolution
and to adopt,. .
`2)
OPTIONS -FOR HAZARDOUS WASTE MANAGEMENT AUTHORITY
Council reviewed s�taff's report. Mayor Bacon reported on
'Hazardous Waste Management
the option. chooser by Hazardous Waste Management. Pro -
Authority Options
ject Commission as one other than recommended by the West
Covina Transition/Waste-Management Commission, unfortunately.
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Motion.by Shearer, seconded by Manners, and unani-
mously carried to approve 'the recommendation of the Transi-
tion/Waste Management Commission•(Option 1),
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CITY COUNCIL'MINUTES
October 8, 1984
Page Five
OPERATIONAL SERVICES DIVISION
`•`FINANCE DEPARTMENT -
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1) SURPLUS PROPERTY
Council reviewed•staff's report.
Surplus multili:th copier
Motion by Tennant, seconded by Shearer, and unanimously
carried to declare 'as surplus the A.M. Multigraphics Electro
statis,Copier Model, 2000 •and authorize staff to sell it to
the highest bidder.
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PERSONNEL SERVICES.
1•) AMENDMENT TO PERSONNEL RULES - MATERNITY'LEAVE
Council reviewed staff',s report. Mayor Pro Tem Tennant
Maternity Leave amendment-,
requested a clarification 'of the amendment terminology
referred to staff
to.allevate::any misinterpretations.
Motion by Chappell, seconded by Tennant, and unani-
mously carried to refer the subject to staff for further
review.
''PUBLIC SAFETY -DIVISION
No items_ scheduled for this meeting.
HEARINGS
1) JOINT PUBLIC HEARING ON DISPOSITION AND.DEVELOPMENT AGREE-
MENT WITH DIGHTON, INC.,. N.V. - BARRANCA STREET/GARVEY
AVENUE NORTH SITE :(REFER TO REDEVELOPMENT AGENCY AGENDA
ITEM NO. I AND PARKING AUTHORITY AGENDA ITEM NO. I)
Call to Order: 8:00 PM
Mayor Bacon called to'order•the Redevelopment Agency
Redevelopment Agency-
4 and the Parking Authority. All members were present.
ParkingAuthority -
City Clerk Mooney'verified.the affidavits of publica-
tion. Mayor Bacon stated that the. record contains the
following documents:-
1) The proposed Disposition and Development Agreement
2) The Summary'Report on the proposed Disposition and
Development Agreement which includes an "Analysis
of the Cost of Agreement" and a "Re -use Analysis."
3) The EIR for'.the. Eastland (Barranca/North Garvey)
Redevelopment Plan.
The mayor outlined the procedures to be used during the
course of.the hearing. He then'declared the hearing open.
Staff presentation'
and asked for the staff report. Mr. Yoshizaki, Manager of
the Redevelopment -Agency presented the .staff report. In.
response to council questions, he outlined the agreement
and bond iss-ue:
Public Testimony
City ,Cl''erk ,Mooiie,y stated that no written communications
In Favor
had been received,by,the City Clerk's.Office in favor of. .
the. DDA. Mayor. Bacon. asked for oral comments favoring the
Ziad Alhassen
DDA The f' ll:owirg person `addressed Council:
Mr'. Ziad Alhassen', 1222 Sandy Hook, West Covina,. of
Dighton,, Inc.,,. noted his support.and stood ready to answer
any 'questions,
In Opposition
Mayor Bacon asked if:�any.written.communicat.ions had
been received`in opposition to,the DDA, City'Clerk Mooney.
stated none had,be6w,received by the City Clerk's Office.
Michael B. Montgomery
At-this!poinf, Special Counsel Friedlander indicated a
Mr. Michael B". Montgomery had submitted.a letter just be-
fore 'the meeting. Mr., Montgomery agreed to read the letter
under oral comments..
May or .Bacon.asked `for. oral comments in opposition to
' the DDA' Mr: rtoritgoinery, attorney for Abe and Thelma
Grossman, lessees of: the,subject project,.,read his letter
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dated October 8, 1984,.objecting to the DDA.
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CITY COUNCIL MINUTES October 8, 1984
Page Six
Comments
S,pecia`l Coun.se.l Friedlander suggested that staff respond
at'this point.•to the comments offered under opposition. Upon
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her conelusion;•Mr. Yoshizaki'introduced Mr. Richard Botti'of
Keyser 'Marston'who.addre,ssed tax-incr.ement'reimb-uirseinent using
present value: -analysis,.'
Rebuttal
Mayor Bacon asked.for.rebutta.l comments.
Oliver Rggins, 1239 Rowland Avenue, asked for a clarifi-
`Oliver Riggins
cation of the ten-year increment schedule..
Further comments -:,regarding tax -increments or lack thereof
we're offered by Michael Montgomery. Special Counsel Friedlander
'Mike Montgomery
clarified the Letter of Credit method proposed for this project.
Ziad Alhassen
Ziad Alhassen commented on the project.
Special Counsel -Friedlander explained the Statement of
Special Counsel
Overriding Considerations that was submitted to the joint
bodies for adoption.
Public Testimony Closed
Mayor Bacon closed the public portion of the hearing.
Council comments
Councilmember Shearer clarified that in_the.opinion of staff
and=consultants; the City is not looking'at a $3 million dif-
ference.in two proposals. Assistant City Manager Eliot
commented further.
Action of
Redevelopment Agency
General Counsel presented:
RESOLUTION NO. 284 - A RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF WEST COVINA CERTIFYING THAT THE FINAL
Resolution 284 -
ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED DEVELOPMENT OF
certifying EIR
THE BARRANCA STREET/GARVEY AVENUE NORTH SITE LOCATED WITHIN
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THE EASTLAND REDEVELOPMENT PROJECT AREA HAS BEEN PREPARED IN
COMPLIANCE WITH CEQA AND STATE - AND LOCAL QUIDELINES; CERTIFYING
THAT THE AGENCY HAS REVIEWED AND CONSIDERED THE INFORMATION
CONTAINED IN SAID FINAL ENVIRONMENTAL IMPACT REPORT WITH
RESPECT TO THE PROPOSED DEVELOPMENT; MAKING CERTAIN FINDINGS
REGARDING THE ENVIRONMENTAL IMPACT_OF THE PROPOSED DEVELOPMENT;
AND ADOPTING A STATEMENT OF.OVERRIDING CONSIDERATIONS
Resolution 285 -
RESOLUTION NO, 285 - A RESOLUTION OF THE REDEVELOPMENT
approving DDA
AGENCY OF THE CITY OF WEST'COVINA APPROVING THE DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY,
DIGHTON INCORPORATED, N.V., AND THE PARKING AUTHORITY OF THE
CITY OF WEST COVINA; MAKING CERTAIN FINDINGS WITH.RESPECT TO
THE CONSIDERATION TO BE RECEIVED BY THE AGENCY PURSUANT TO
SAID AGREEMENT; AND AUTHORIZING THE'.EXECUTION AND IMPLEMEN-
TATION OF SAID AGREEMENT._
Motion by Tennant, seconded by'Shearer, and unanimously
carried to waive further reading of the resolutions and to
adopt:
Action of
General Counsel presented:.
Parking Authority
RESOLUTION NO. .11 - A RESOLUTION OF THE PARKING AUTHORITY
OF•THE CITY OF WEST COVINA CERTIFYING THAT THE PARKING AUTHORITY
Resolution 11 -,
HAS REVIEWED AND CONSIDERED THE INFORMATION CONTAINED IN THE
certifying EIR
FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED DEVELOPMENT
OF THE BARRANCA STREET/GARVEY AVENUE NORTH SITE LOCATED WITHIN
THE EASTLAND REDEVELOPMENT PROJECT AREA; MAKING CERTAIN
�.
FINDINGS REGARDING THE ENVIRONMENTAL IMPACT OF THE PROPOSED
DEVELOPMENT; AND ADOPTING A STATEMENT OF OVERRIDING CONSIDER-
ATIONS
RESOLUTION NO. .12 - A RESOLUTION OF THE PARKING AUTHORITY
Resolution 12 -
OF THE CITY OF WEST COVINA APPROVING THE DISPOSITION AND DEVE-
approving DDA
LOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY, DIGHTON
INCORPORATED, N.V., AND THE PARKING AUTHORITY OF THE CITY OF
WEST COVINA ;MAKING CERTAIN FINDINGS WITH RESPECT TO THE CON-
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CITY COUNCIL MINUTES October 8, 1984
Page Seven
SIDERATION TO BE RECEIVED BY THE AGENCY PURSUANT TO SAID
AGREEMENT; AND APPROVING THE AGREEMENT
Motion by Manrier's, seconded by Tennant, and unani-
mously carried to waive further reading of the resolutions
and to adopt. "
Action of City Attorney presented:
City Council RESOLUTION NO. 6939 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA CERTIFYING THAT THE COUNCIL.HAS
'REVIEWED AND CONSIDERED THE INFORMATION.CONTAINED IN THE
Resolution 6939 - FINAL ENVIRONMENTAL. IMPACT REPORT FOR THE PROPOSED DEVELOP -
certifying EIR MENT OF THE BARRANCA STREET/GARVEY AVENUE NORTH SITE
LOCATED WITHIN THE EASTLAND REDEVELOPMENT PROJECT AREA;
MAKING CERTAIN FINDINGS REGARDING THE ENVIRONMENTAL IMPACT
OF THE PROPOSED DEVELOPMENT; AND ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS
RESOLUTION 6940 - A RESOLUTION OF THE CITY COUNCIL
Resolution 6940 -
OF THE CITY OF WEST COVINA APPROVING THE DISPOSITION AND
approving DDA
DEVELOPMENT AGREEMENT BETWEEN'THE REDEVELOPMENT AGENCY,
DIGHTON INCORPORATED, N.V. AND THE PARKING AUTHORITY OF
THE CITY OF WEST COVINA; MAKING CERTAIN FINDINGS WITH
RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE AGENCY
PURSUANT TO SAID AGREEMENT; AND APPROVING THE AGREEMENT
Motion by Manners, seconded by Tennant, and unani-
mously carried to waive further reading of the resolutions
and to adopt.
HEARING
2) APPROVAL OF FINANCING PROGRAM - BARRANCA STREET/GARVEY
AVENUE NORTH OFFICE DEVELOPMENT PUBLIC PARKING PROJECT
Council reviewed.staff's report.
Action of
Motion by Shearer, seconded by Tennant, and unanimously
City Council
carried to instruct staff to re -notice the hearing with the
proper information.'
Action of
Motion by Shearer, seconded by Tennant, and unanimously
Redevelopment Agency
carried to hold over this item until the meeting -of October
22, 1984.
Adjournment of
Motion by'„Shearer, seconded by Tennant, and unanimously
Parking Authority
carried'to adjourn the Parking Authority at 8:50 PM to
October 22., 1984-
Recess
:'Mayor Bacon"reces'sed the --Redevelopment Agency at 8:50
PM in'order to continue with the City Council Agenda. The
City Council. took a ten minute recess and reconvened at
;9:0,0 PM with,aal�members of the Council-present.
HEARING
3
Appeal of -Planning Director'
Midification -
UUP 71, Rev 5 (amended)
Public Testimony
In "favor:—_
Ron Gastellum
APPEAL -OF •PLANNING,DIRECTOR .S MODIFICATION - BKK LANDFILL
ELECTRICAL GENERATION PROPOSAL - UNCLASSIFIED USE PERMIT
•N0, 71; REVISION 5 (AMENDED)
s City Clerk Mooney verified the affidavits of mailing
and publication. Mayor Bacon opened the hearing with
Community Services Director Miller presenting the staff
report.
Council gvesti.ofie,d 'staff on enforcement capabilities
through the UUP, number and purpose of scrubbers, noise
level.of turbine, and site.characterizat'on study.
Mayor Bacon opened the hearing for.public comments in
favor of the project. The.following.persons spoke:
Ron GasVerlaum,, legal .counsel for BKK Corporation, intro-
duced other members of the BKK staff who worked on the pro-
ject and were available to answer questions.
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CITY COUNCIL MINUTES
October 8, 1984
Page Eight
Mr.Gastellum expressed concern with two of the con-
ditions applicable to the project: 1) does the staff
report recommend conditions over and beyond the current
City noise ordinance and 2) is staff recommending more
scrubbers over and beyond those already included within
the turbine equipment.
He explained the proposed grid system for the col-
lection of gasses to the turbine, and outlined the long,
drawn regulatory demands for the site characterization
study. He noted that inasmuch as the landfill will no
longer be accepting toxic wastes after November, 1984,
the proposed electric generator would control the gasses
already existing. He felt the site characterization
study would not be an appropriate condition of approval
of the project because of the end to-t_okic'waste disposal
in;?the near,:future:.;..- ,
City Attorney Lennard did clarify that the City could
impose the completion of the site characterization study.
or mitigation plan or any other p-lan.that.is approved and
required by -the regulatory agencies as a condition for
approval.'
Don Bartz
Don Bartz, Douglas Energy Company, -address Council
wit'h'the physical'description of the electric generator;
the turbine system, noiselevel, and emissions from the
flare., He felt no,add:4ional scrubbers were necessary,
bua'�would install more if it was determined advantageous
for. health 'reas'ons.
Ralph George
Ralph.George, BKK Corporation, addressed the site
selection process for the location of the turbine. He
noted'that it would be located on natural soil, approxi-
mately .70 to 75 feet below the burm and primarily out of
view (with the -.exception of perhaps a dozen homes). The
nearest tiome, southwest of the location, would be about
60D_feet away from the turbine.
f.,Mr. George stated the turbine would produce gas energy
for 25 or 30 years..
He noted'that.BKK could not dump on the area once the
pipes are laid. If a leak is discovered, they would dig
up the leaking pipe and replace it.
The BKK representatives answered several more Council
questions regarding the site characterization study,
use of scrubbers, and .then requested a definition of
characterization.
In Opposition:
Mayor Bacon. asked'for public comments in opposition to
the proposed project. The following persons spoke:
William T. Whisenhunt
William T. Whisenhunt, representating the Homeowners'
Coalition, felt -the turbine to be experimental, the pro-
ject required an Environmental Impact Report and it would
necessitate a zone change. He stated the.residents around
the landfill would feel the vibrations from the"turbine.
Tom Walsh
Tom Walsh, 2205 Paseo Tepic, stated he was not opposed
to burning wastes in the.turbine but didn't want it lo-
cated in.West Covina. He was concerned about the City
losing control of the plant under the'UUP process. He
felt the site characterization study should be completed
prior to the project.
Sally Graves
Sally Graves, 2135 Aroma Drive, encouraged Council
to vote on the project after the site characterization
study 'is completed.
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CITY COUNCIL MINUTES
October 8, 1984
Page Nine
Royal Brown Royal Brown, 2153 Aroma Drive, requested the matter
.be referred back to staff.and the commission to evaluate
locating the.turbine.outside of the city. He felt a
fifteen foot cap over -the landfill should be done before
starting the project.
Oliver Riggins Oliver Riggins, 1239 Rowland.Avenue, expressed concern
about the noise emanating from the .turbine. He wondered
how the site would be maintained if BKK goes out of
business.
Rebuttal:
Ron Gastalom
Lance Hayes
Public_ Testimony_ Closed
Council Comments
Upon conclusion of the opposing comments to the project,
Mayor Bacon asked for comments in rebuttal. The following
persons addressed Council:
Ron,,Gaste_.11um., stated that BKK has followed the process
with the best advice from their consultants and submitted
the project on the basis of that testimony.
Lance Hayes, Douglas Energy, clarified the gas turbine
is not derived from a jet engine but is -designed as an
industrial .gas turbine baffled at both the intake.and
exhaust.
He stated the environmental and noise restrictions
in Tokyo are.more stringent than.those in,California.
He no.ted.the turbine in Toyko, Japan, was installed inside
a. "building .
"In regards.to the statement requiring an EIR, the
emissions would ,be less than the existing flares and the
BKK Corporation can satisfy the City'.s noise ordinance.
Therefore, -no, EIR is .necessary.
In conclusion, he said the gas must be collected any
way and hoped the considerations about gas systems or
caps'could be separated from the project.
Mayor'Bacon closed the'publ'ic portion of the hearing and
commenced a Council discussion. He began.with stating
that no one.opposed the project in concept. However,
several concerns faced the:Council:
1) Should the project be tied to the site character-
ization study.
2) Should an EIR be required prior to the project.
3) Shoul&.`scrubbers be imposed for the HCL.
4) Should"'the noise control level be'raised over and
beyond the currest statutes.
5) Should a.requirement be added to the coridit.ions
that BKK waive any limitations as to.jurisdiction
of.the City under the UUP.'
6) Should consideration be given to the closure re-
quirements prior•to the time of approving the
facility.
As the hour was quite late, Mayor Bacon suggested Council
carry over discussion of the matter until another time.
Councilmember Shearer suggested staff prepare other
conditions based on Council's concerns and then take the
matter up from there. His list of concerns were:
1) Condition BKK to-e'ither complete site characteri-
zation study or a mitigation plan.. acceptable to the
regulatory agencies at the State and Federal level.
2.) A.ddress the question of revenues from the proposed
facility.
3) Include wording that guarantees the maintenance
of the existing flare system.
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CITY COUNCIL MINUTES
Motion to hold over
decision until 10/22
October 8, 1984
Page Ten
Mayor Pro.Tem Tennant commented:
.l):`;.West Covina wins with the facility noting the
gasses must be.collected in any event and this mechanism
would increase safety; reduce odors,, and ensure the main-
tenance of the site.
2) The•site characterization study shouldn't stop
the .project
3)'" The noise standards should be the City's.standards.
4) Suggested a revision to the seventh condition to
state "The,electrical generation facility shall use the
best available -technology tocontrol air emissions which
may include scrubbers in compliance with all performance
standards.".
4) Clarify the."no technology waiver" statement.
Councilmember Manners.noted the profit motive inherent
in the project would be a perfect incentive for BKK to
draw out every bit of gas.
Councilmember Chappell noted a lot of benefits to the
project and doesn't want to unreasonably restrict the
project.
City Attorney Lennard suggested Council close the
public portion of the hearing, but allow the.applicant
an opportunity to address conditions brought forth at
the next meeting.
Motion by Shearer, seconded by Chappell, and unanim-
carried to continue the matter until 6:00 PM on October
22, 1984..
CITY MANAGER 1)
ADDITIONAL.APPROPRIATION FOR ICRMA PROPERTY INSURANCE
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POLICY '
Council reviewed staff's report.
ICRMA Property Insurance
Motion by Tennant, seconded by Shearer, and unani- '
Policy
mously carried to authorize an additional appropriation
of $30,950.00 from General Liability Contingency to
Account No. 361-320-2570-6412.
.2)
BUSINESS LICENSE FEES, 1985
Council reviewed staff's report.
City Attorney presented" .
RESOLUTION NO. 6941 - A RESOLUTION OF THE CITY COUNCIL
Resolution 694.1 -
OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE
Business License Fees
SCHEDULE OF FEES FOR BUSINESS LICENSE TAXES, SUSPENDING
A PORTION OF THE BUSINESS LICENSE TAXES IMPOSED ON OFFICE
AND COMMERCIAL RENTALS, AND SUSPENDING THE COMMERCIAL
TENANTS OCCUPANCY TAX
Motion by Tennant, seconded by Chappell, and unani-
mously carried to waive further reading of the resolution
and to adopt.
3)
ADOPTION OF ECONOMIC DEVELOPMENT PROGRAM
Council reviewed staff's.report.
City Attorney presented:
Resolution 6942 -
RESOLUTION NO. 6942.- A RESOLUTION OF THE CITY COUNCIL
Economic Development
OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND
Program
ADOPTING THE ECONOMIC DEVELOPMENT PROGRAM IN THE CITY OF
WEST COVINA
Motion by Chappell, seconded by Shearer, and unani-
mously carried to waive further reading of the resolution
and to adopt.
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CITY COUNCIL MINUTES
Ratification of City
expenditures to BRK"
October 8, 1984
Page Eleven
4) RATIFI,CA.TION OF CITY EXPENDITURES IN REGARDS TO OFF SITE
MITIGATION"OF'GASES FROM BKK
Council reviewed staff's report.
Motion by -Shearer, seconded by Chappell, and unani-
mous,ly carried. , t,o,.ratify the payments made for the cost
of personnel, materials and services in the amount of
$322,500.26 provided'by the City as the direct result
t' of the migrat:ion'of.gas at the BKK.Landfill commencing
on or about.July 17, 1984, and the subsequent evacuation
"bf homes near t-he affected area. Further, authorization
was granted to staff to continu to invoice the BKK Cor-
poration for any and all expenses related to actions
related,to actions required of the City to maintain
the%public health,, safety and welfare on or near the BKK
Landfill.
REDEVELOPMENT AGENCY MEETING Mayor Bacon.called a recess at•11:50 PM to convene the
Redevelopment A.gency`.mee.ting. Council reconvened at
11:55 PM.
APPROVAL OF DEMANDS Motion by Tennant, seconded by Shearer to approve Demands
total $1,331,315.03 as listed on check registers FI 64482
through FI 64729. Motion carried by roll call vote:
AYES: Manners, Chappell, Shearer, Tennant, Bacon
NOES: None
ORAL COMMUNICATIONS Beatrice de Uribe, 1121 E. Greenville Drive, requested Council
move Oral Communications to the front of the Agenda. Then
in behalf of West Covina Beautiful, she requested `that
Beatrice de Uribe an official City Christmas.Tree be located at the Civic Center
with the. `cost:.:of"' the .-t:ree;rand 'decorations• paid, for - -by 'donations.
M.q,tion,,,.;by. ;Manners:, seconded by,.Shea•rer.,- and unanimously carried
to. direct-s,ta•ff to review the request and report back.
MAYOR'S REPORTS Mayor Bacon proclaimed the following:.
CONSTITUTION WEEK - 9./17. through 9/23 (ratified)
DOMESTIC VIOLENCE AWARENESS WEEK - 10/8 through 10/14
ELEANOR'ROOSEVELT CENTENNIAL DAY = .10/11/84
LUPUS AWARENESS WEEK - 10/21 through 10/27
TOASTMASTERS COMMUNICATIONS MONTH - October
Reso of Commendation Motion by Shearer, seconded by Chappell, and unanimously car-
ried to approve Mayor Bacon's suggestion to direct staff to
prepare a Resolution of Commendation for Robert H. Philibosian.
Mayor Bacon. recommended the adoption of the following reso-
lution'regarding the City Manager's performance:
City Attorney presented:
Resolution 6943 = RESOLUTION NO. 6943.- A RESOLUT ON OF THE CITY COUNCIL
City.Manager OF THE CITY OF WEST COVINA, CALIFORNIA, ADJUSTING THE.CITY
MANAGER'S COMPENSATION PURSUANT TO.ANNUAL PERFORMANCE
EVALUATION
Motion by Shearer, seconded'by Chappell, and unanimously
carried to waive further reading of.the resolution and to
adopt.
CITY COUNCIL MINUTES
October 8, 1984
Page Twelve
COUNCILMEMBERS' REPORTS
Councilmember Manners commended the Transition/Waste
Management..Cominission for
Manners
their excellent job.
Councilmembek.Ch.appell mentioned the March of Dimes
Chappell
Haunted House was located on Covina Boulevard between
Citrus and Barranca, and encouraged everyone to.attend.
Closed Session
Mayor Bacon called a recess at 12:07 PM in order to
hold a closed'session regarding litigation matters.
Council reconvened at 12:53 PM and took the following
action:..
iMotio`n by'Tennant, seconded by Shearer, and unani-
mously carried to.authorize the City Attorney to defend
..the City's mobile Yome rent control ordinance if filing
by Frendly Village Mobile Home Park occurs.
ADJOURNMENT
Motion by Shearer, seconded by Chappell, and unanimously
carried'to adj,ourrf the meeting at 12:55 PM to 6:00 PM
October 22, 1084`,;in,the City. Council Chambers.
• •
.. Mayor
ATTEST:
i C erk
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