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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 - 1 - 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- - 2 - • • 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. - 3 - • • 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. - 4 - CITY COUNCIL MINUTES April 12, 1993 Page Five 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. - 5 -