06-07-1993 - Regular Meeting - MinutesM I N U T E S
ADJOURNED REGULAR MEETING
WEST COVINA CITY COUNCIL
June 7, 1993
• The. adjourned."regular meeting of the West Covina City Council was called to order
by Mayor Jennings at 7:08 pm in the City Hall Council Chambers, 1444 W. Garvey
Avenue, West Covina.
ROLL CALL Mayor Jennings, Mayor Pro Tem Wong, Councilmembers
Herfert, Manners, McFadden
Others Present: Starbird, Wylie, Hanna, Leonard, Collier, Thomas,
Orr, Samaniego, Miller, Virata, Berry
HEARING
BKK LANDFILL RIDGELINE"GRADING PROPOSAL
Mayor Jennings explained that this matter was considered
by the Planning Commission at two public hearings and a
review was conducted by the Waste Management/Environ-
mental Quality Commission as well. .
City Clerk Berry verified the affidavit of publication.
Mayor Jennings opened the hearing and the staff report
was presented by Planning Director Collier with slides
of the ridgelines.
Legal counsel and staff responded to questions and com-
ments of Council relating to the MOU (enforceability
and content), submittals of the three-year operational
plans, the Master Development Plan (MDP), and any cur-
rent ridgeline conditions or restrictions.
Recess
Mayor Jennings recessed the City Council at 8:36 pm.
Council reconvened at 8:52 pm with all members present.
Public"'Testimony
Mayor Jennings opened the public testimony portion of
the hearing and asked for comments. The following
persons addressed Council:
Janis Bonneville
Janis Bonneville, 1521 Fairway Knolls, presented
information on state and Federal regulations.
Ziad Alhassen
Ziad Alhassen, president of South Hills Homes Par-
nership,(a development adjacent to the landfill), read
a letter he submitted for the record.
Gary Koval
Gary Koval, general counsel for BKK Corporation,
stated that the northeast section (a triangular area)
has been withdrawn from the grading proposal -in --
response to publicccomment,received at the Planning
Commission hearings.
Ken Kazarian
Ken Kazarian, president of BKK Corporation,
explained a graph depicting ridgeline "slopes based on
various plans and studies. He did mention that BKK
is 'c_ommitG6d_ to Ithe` transition. goals-of.tile MOU, .but"
'the 1995_closure date is not workable.
Special Counsel Lennard clarified that the 1995
date in terms of the MOU is really not germaine to the
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ridgeline issue. In'additon, he clarified the recom-
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CITY COUNCIL MINUTES June 7, 1993
Page Two
mendation for Council's consideration is not a decision
on the ridgeline tonight, but that a new MDP be sub-
•
mitted to the City by BKK (which BKK has already agreed
to do) and then at that time the ridgeline levels,
and any other applicable',requirements-2would'be subject
to review, approval, acceptance or nonacceptance.by the
City.
Councilmember-:McFadden'.felt strongly that Council
should tell BKK exactly what would be acceptable in'the
new'MDP:and,what would not. 'Otherwise another five
months will be wasted if the MDP is submitted with
conditions and strategies that are currently known at
this time to be unacceptable«to him.
Jeanette Kaluza
Jeanette Kaluza, 1035 Donna Beth, expressed dis-
pleasure with the landfill.
Iris Delameter
Iris Delameter, 1212 W. Eckerman, opposed the
reduction in the ridgeline elevation. She felt that
BKK hasn't been following the rules and is now blaming
the City for lack,of enforcement of the plan submittal
deadlines.
Bill McIntyre
Bill McIntyre, 2917 E. Cortez, strongly..:opposed!' ,_
the landfill - from a real estate pointcof view, from
the business industry, water industry, and as a father
and citizen.
Jean Arneson
Jean Arneson, 1116 Donna Beth, read from a pre-
`
pared statement. She believed that there are minutes
stating that the 1974 MDP is adequate.
George Tracy, Jr.
George Tracy, Jr., 808 S. Cajon, Waste. Management/
Environmental Quality Commissioner, felt the 1974 NIDP
was outdated and the ridgelines should not be lowered.
Nancy Adin
Nancy Adin, 2633 Maureen, agreed with recomenda-
tions,#I , 3, and 4. She stated her reasons for not
agreeing with recommendation #2.
Susan Homme
Susan Homme, 1901.Calico, suggested BKK utilize,:
their dirt in Walnut. She encouraged everyone to get
a copy of the MOD from City Hall.
Robert Brown
Robert Brown, 2715 Vanderhoof Drive, favored the
1995 closure date.
Art Rebroyich
Art Rebrovich, 1312 S. Cajon, opposedthe reduction
in the ridgeline elevation.
Louis Fine
Louis Fine, 1210 Robin Road, appreciated the staff
report and gave an analogy of the BKK issue, to make a
point.
Royal Brown
Royal Brown, 2153 Aroma Drive, felt the UUP should
be strictly enforced. He supported the staff recom-
mendations and suggested restoration of the ridgeline
be agendized. He suggested further fining BKK for
destroying the ridgelines.
Lillian Fine
Lillian Fine, 1210 Robin Road, noted the numerous
times citizens have stated their opposition to the land-
fill and it was time Council took action.
Mike Mohajer
Mike Mohajer, P.O. Box 992, W.C., presented a
letter for the record, reviewed its content, and c,. .
commended legal counsel and staff.
• Public Testimo_closed
There being no others wishing to address Council,'hiayor
Jennings closed the public testimony portion of the
hearing.
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CITY COUNCIL MINUTES
June 7, 1993
Page Three
Council discussion Councilmember Herfert commenced Council discussion by
reiterating his position favoring the closing of the
• landfill in November, 1995. He noted that the ridge -
lines act as buffers for the residents and should be
replaced. He suggested additional language requiring
the MDP to reflect the 1995 closure date to the recom-
mendations.
Special Counsel Lennard stated the additional language
doesn't actually add anything to the recommendations.
Councilmember Manners concurred with Councilmember
Herfert's statements and was ready to accepti-the Plan-
ning Commission's recommendations as presented.
Councilmember McFadden felt that the whole situation
hinged on the closure date and wanted all four recom-
mendations to be preceded with a statement that acknow-
ledges the MOU closure date of November, 1995.
Special Counsel Lennard stated that the four recommen-
dations are already consistent with the provisions set
forth in the MOU.
Recess Mayor Jennings recessed the City Council meeting at
11:35 pm. Council reconvened at 11:42 pm with all
members present Mayor Jennings announced that Council
would recess to a closed session, pursuant to Govern-
ment Code Section 54956.9(c). Council reconvened at
12:05 am with all members present.
Councilmember McFadden was concerned that BKK has not
been given enough direction regarding the parameters
for developing the Master Development Plan as to what
would be acceptable and.what would not (in relation to
the ridgeline issue). He asked questions regarding
previous BKK violations and the City's enforcement
thereof. Special Counsel responded.
Motion by Herfert, seconded by Manners to add language
to the first recommendation of "... that preserves
the ridgelines." Mayor Pro Tem Wong asked him if that
meant BKK couldn't touch the ridgelines at all. Herfert
answered in the affirmative. Mayor Pro Tem Wong stated
he could not support that motion because BKK would then
have no way of developing the ridgeline aesthetically.
The City should not preclude BKK from submitting viable
options on the MOP. The City needs to review the MOP :,_cc.
once its developed by BKK and then respond. Council -
member Manners concurred, suggesting that pads could
be created, but not for the purpose of creating daily
cover.
Councilmember Herfert amended his motion to include
more language changes to the first three recommendations.
The amendment was seconded by Manners and carried unani-
mously. The four recommendations are listed below and
incorporate all language changes approved:
1) BKK to submit and City staff shall review and
• process a revised Master Development Plan and
appropriate environmental document that preserves
the ridgelines.
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•
CITY COUNCIL MINUTES June 7, 1993
Page Four
2) BKK to submit and City staff shall expedite the
consideration and potential implementation of
alternate daily cover materials to reduce the
need for use of soil as daily cover.
3) BKK to submit and City staff shall process the
development of a Transition Land Use Plan that
includes preserving the ridgelines.
4) The Standstill Agreement prohibiting ridgeline
grading shall remain in effect.
ORAL COMMUNCATIONS No comments offered.
ADJOURNMENT Motion by Wong, seconded by Manners, and unanimously
carried to adjourn the meeting at 12:40 am to Tuesday,
June 8, 1993 at 6:30 pm in the Management Resource
Center with a closed session to follow.
ATTEST:
City Clerk Janet Be`,ty