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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Koval Gary Koval, general counsel for BKK Corporation, stated that the northeast section (a triangular area) has been withdrawn from the grading proposal -in -- response to publicccomment,received at the Planning Commission hearings.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 • ridgeline issue. In'additon, he clarified the recom- - 1 - 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. - 2 - 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. - 3 - J • 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