04-12-1993 - Special Meeting - MinutesM I N U T E S
SPECIAL MEETING
WEST COVINA CITY COUNCIL
April 12, 1993
The special meeting of the West Covina City Council was called to order at 7:08 pm
by Mayor Manners in the City Hall Council Chambers, 1444 W. Garvey Avenue, West
Covina. The Pledge of Allegiance was led by Councilmember McFadden.
ROLL CALL Mayor Manners, Mayor Pro Tem Jennings, Councilmembers
Herfert, McFadden, Wong
Others Present: Starbird, Wylie, Munoz, Hanna, Thomas, Koniarsky, Collier,
Miller, Salazar, Orr, Virata, Samaniego, Berry, Lennard
CLOSED SESSION Closed Session regarding pending litigation entitled
Adams vs City of West Covina was held pursuant to
Gov. Code Section 54956.9(a) from 6:30 pm to 7:08 pm.
CONSIDERATION OF SETTLEMENT AGREEMENT: 'ADAMS VS CITY OF WEST COVINA
Once the special meeting was called to order by Mayor
Manners, Assistant City Attorney Munoz presented the
staff report regarding this settlement agreement.
Motion by Wong, seconded by Herfert, and unanimously
carried to approve the settlement agreement.
INFORMATIONAL'MEETING'ON REGULATIONS AND-DOCUMENTS'RELATINGTO THE'BKK LANDFILL
Special Counsel Lennard explained that he would give a
brief description of each of the documents and their
Presentation by procedural status as well as how they relate to each
Special Counsel other. He would also discuss the Stipulated Permanent
Injunction, khich was not on the list of topics for
discussion, and then take questions from the audience.
Unclassified Use Permit
Mr. Lennard noted that the UUP is a local land use
permit relating to the 580 acres of the landfill site.
He talked about the last revision. -(Revision V) adopted
in June, 1976, and noted that it has not been amended
since that time. CEQA was not even in existence at that
time.
Mr. Lennard outlinedrthe most important highlights
of the UUP as containing:
* The Master Development Plan
* The UUP requires submittal to the Council for
approval
* Includes the ultimate safety clause: that the
landfill be maintained in perpetuity in compliance
with the UUP
* Contains the fees and obligations to the City
for the costs of enforcing the UUP, and holds.-_
harmless the City as to the operations of the
landfill
• The three-year operational plan
• The powers given to the City if violations occur
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CITY COUNCIL MINUTES April 12, 1993
Page Two
Mr. Leonard stated that the status of the UUP is
that the City has put BKK on notice that it needs to
• submit to the City a revised Master Development Plan
in 90 days and a 3-year operational plan in 90 days.
A letter was sent this day to BKK of these submittal
deadlines.
Mr. Lennard responded to questions and comments
of Council regarding violations and enforcement pro-
cedures. In addition, Steve Samaniego, the Local
Agency Enforcement Manager, noted that the 1983 three-
year plan was good through 1986.
Solid Waste Facility Permit
Mr. Lennard explained that the SWFP is a state
permit and does not apply to the Class I area of the
landfill. He noted that`the SWFP was issued in 1979
and incorporated all the provisions of the UUP. Because
the permit is old (1979), the City is now going through
a revision process. BKK does have the right to amend
it and submit the amendments to the City for review.
Part of the SWFP process includes a large document
entitled a Report of Disposal Site Investigation (RDSI)
which essentially forms the basis for the LEA to con-
dition the SWFP. At this point, the applicant (BKK)
wants."to amend the SWFP and that process requires the
City to further review the EIR.
In response to Council questions, Mr. Lennard ex-
plained that at the time BKK was issued the SWFP, they
were planning on a resource recovery project on the
'site. Injection wells were discontinued several years
ago before plans were finalized.
Closure and -Post -Closure Plan --'Class III Site
Mr. Lennard stated that the City has not seen
these plans yet. BKK will file with the LEA and others
so that the landfill is closed in a manner that protects
the health and safety of the public. These plans cover
such details as:
The final cover and cap on the landfill
* Slope stability and drainage
* Gas collection
* Closure cost estimates
* Fifteen years post -closure maintenance
* The actual closure plan covering a 30-year
period and financial assurances for 15 years
Mr. Lennard stated that a letter was sent to BKK
today advising them to file the closure and post -closure
plan by November, 1993 with the LEA. He also noted that
there are three separate agencies that oversee the
closure and post -closure plan.
Perspective Homeowners:==Awareness Package
This is a package of information for perspective
homeowners as to the surrounding land uses. It is
required by West Covina Municipal Code and not a state
requirement. It is applicable to subdivisions of five
houses or more and the obligation of the developer to
prepare. Once the package is prepared by the developer,
it is submitted to Planning for approval. It is avail-
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CITY COUNCIL MINUTES
Recess
ORAL COMMUNICATIONS
April 12, 1993
Page Three
able to any e ,who _ ants-it.The BKK portion of the
package has recently been revised to conform to current
site conditions.
Memorandum of Understandin
Mr. Lennard explained that this is a contract
between the City and BKK setting forth conditions
regarding transition land uses and closure of the
landfill. The present MOU has not been amended since
1986.
Councilmember McFadden asked if the transition
plan has been submitted and approved, and Mr. Lennard
responded negatively.
Closure and Post Closure Plan for Class I Site
Mr. Lennard stated that this has been completed;
however, there are a few questions remaining about the
financial assurances regarding the Class I site. He
pointed to three volumes, noting there are ten others
that complete the plan.
Councilmember McFadden asked what would happen if
BKK doesn't file appropriate financial assurances. Mr.
Lennard stated that BKK would be in violation of state
regulations, but there are a number of things BKK can o
do to meet the requirements.
Stipulated Permanent Injunction
Mr. Lennard stated that this document pertains to
the hazardous waste (Class I site) area that is now
closed. The SPI came about through litigation with
BKK and was issued by Superior Court.
Mr. Lennard answered several questions regarding
leachate, gas recover system, and the inter -relationship
of the documents. The only time the documents do not
overlap is when they specifically deal with either the
Class I or Class III sites.
Mayor Manners called a recess at 8:52 pm. Council
reconvened at 9:00 pm with all members present.
Mayor Manners reminded the audience that comments and
questions must pertain to the documents discussed and
not issues or documents currently under review.
Jean Arneson Jean Arneson, 1116 Donna Beth, asked if BKK falls
under any regulations imposed by the Regional Water
Quality Control Board..
Mr. Lennard responded in the affirmative - Waste
Discharge Requirement (WDR).
She also asked if the new IPA brochure was required
to be included in the Perspective Homeowners Awareness
Package. -
Mr. Lennard stated that the purpose of the PHAP is
to pass along information that the City has - not to
maintain it with the most up-to-date documentation.
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CITY COUNCIL MINUTES April 12, 1993
Page Four
Ms. Arneson also asked if BKK was required to comply
with the hillside overlay zone. Mr. Lennard responded
in the affirmative, wfierever):po"ssible.
Royal Brown Royal Brown, 2153 Aroma Drive, felt the overriding
consideration is CEQA and waste discharge requirements.
He noted that the City of West Covina has never approved
an. EIR for BKK. He commented on other findings of
CEQA.
City Attorney Hanna stated that Special Counsel
Lennard and herself don't disagree with CEQA requirements,
but do disagree with the advice given to CEQA officials.
Mr. Leonard stated that the WDP is a part of the
post closure plans, as are other sections as well.
Alan. Kunihiro, "' Alan:Kunihiro, 2346 Lynn Court, asked for a clarification
on the 3-year plan and if a letter has been sent to BKK
in the past regarding their negligence in providing the
plan.
LEA Manager Samaniego stated that BKK was given a
November '92 deadline.
Paul Hammerstrom Paul Hammerstrom, 1519 E. Newcrest, asked if the
RDSI is updated every five years.
Mr. Lennard stated that the SWFP requires an update
everyrrive years and the last one was done in 1989.
Mr: Hammerstrom asked if the landfill would stay
open if the closure plan was unacceptable. Mr. Lennard
answered no; it would close.
Mr. Hammerstrom was glad to hear that the MOU is
the same as a contract because he has heard the BKK
representatives indicating otherwise.
Susan Homme Susan Homme, 1909 Calico, thanked Special Counsel
Lennard for the information he presented and.:Council.
for the meeting.
Mike Mohajer Mike Mohajer, 738 S. Hillward, asked a question
concerning the SWFP: does state law preempt local land
use jurisdiction..,regarding the Class III site. Mr.
Lennard answered no. Mr. Lennard responded to several
other questions regarding the SWFP and the SPI.
Cynthia Asinas Cynthia Asinas, 2976 Dee Lane, asked for a clarifi-
cation of the decision making process. Mr. Lennard
responded.
Mayor Manners closed Oial--Communications and thanked
the audience for attending and posing questions to
Special Counsel Lennard.
Councilmember McFadden thought Mr. Lennard did
agreat job and would like to see a reporton the
inter -relationship between the documents. He -:suggested
including that report in the next City newsletter.
Councilmember Herfertcthahked Mr. Lennard as well
and reiterated his position regarding BKK. He will
continue working for the closure of the landfill in
November, 1995, as stipulated in the MOU.
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CITY COUNCIL MINUTES
April 12, 1993
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CLOSED SESSION Mayor Manners recessed the City Council meeting at
9:49 pm to convene a closed session pursuant to
• Government Code Section 54956.9(b) and (c). She
stated no actions would be taken by Council when
Council reconvenes for adjournment.
ADJOURNMENT Motion by Jennings, seconded by Wong, and unanimously
carried to adjourn the meeting at 10:23 pm.
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