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09-12-2000 - Special Meeting - MinutesMINUTES SPECIAL MEETING OF THE WEST COVINA CITY COUNCIL September 12, 2000 The special meeting of the West Covina City Council was called to order by Mayor Pro Tem Wong at • 7:07 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. ROLL CALL Mayor Pro Tem Wong, Councilmembers Howard, Melendez, Touhey Absent: Mayor Herfert (conflict of interest regarding BKK, applicant) Others Present: Hobbs, Samaniego, Leonard, Mayer, McIsaac, De Zara, Swink, Berry PUBLIC COMMENT ON ITEMS ON THE AGENDA Mayor Pro Tem Wong stated that since the matter before the Council is a hearing, comment regarding the hearing matter would be heard during the public testimony portion of the hearing. No one desired to speak to Council on any other matter. PUBLIC HEARING GENERAL PLAN AMENDMENT NO. H-00-29 ZONE CHANGE NO. 655A (Business Park) ZONE CHANGE NO. 655B (Golf Course) ENVIRONMENTAL IMPACT REPORT (SCH #9806114) APPEAL OF PLANNING COMMISSION APPROVAL OF: TENTATIVE TRACT MAP NO. 52470 TENTATIVE PARCEL MAP NO. 24585 CONDITIONAL USE PERMIT NO. 503 (Golf Course) CONDITIONAL USE PERMIT NO. 542 (Landfill Maintenance) TREE REMOVAL PERMIT NO. 29 (Business Park) TREE REMOVAL PERMIT NO. 30 (Golf Course) APPLICANT: BKK Corporation LOCATION: 2210 S. Azusa Avenue City Clerk Berry verified the affidavits of publication and mailing (2500 notices). Mayor Pro Tem Wong asked Council if there was a preference in setting an adjournment time for the evening. Council concurred that 11:00 pm was agreeable. Staff Presentation City Planner McIsaac presented the staff report, reviewing the proposed project, the main issues considered and the actions taken by the Planning Commission, and the appealed items. Special Counsel Leonard discussed first the financial assurances condition contained on Page 5 of the Tentative Tract document. BKK Corporation has agreed to the condition. • The second subject Mr. Leonard discussed pertained to post -closure perpetual maintenance, condition "dd." contained in CUP No. 542 on Page 6. BKK Corporation has also agreed to this condition. Mark Alpers of Environmental Science Associations, the contractor who conducted the Environmental Impact Report, discussed the findings of the EIR. He reminded the Council that an EIR is a disclosure document and that approval can be granted with one or eight unavoidable impacts. Council Minutes of 9/12/00 • • Council questioned staff on the traffic study conducted on Azusa Avenue which discussed stacking problems at the intersection of Amar and Azusa, and parking restrictions on Azusa Avenue. Public Testimony Mayor Pro Tem Wong asked for comments favoring the proposal: In Favor: Ken Kazarian Ken Kazarian, Vice Chairman of BKK Corporation, the owner and developer of the project. He felt the project before the Council was a good solid plan, one that is positive for the community. Alan Tuntland Alan Tuntland, Project Manager, presented the project description. Elaine Colen Elaine Colen, Director of Business Assistance with the San Gabriel Valley Partnership, addressed Council on the regional needs for a project such as the one proposed by BKK. She submitted material for the record. Gary Crepp Gary Crepp and his associate Jim Wyn, Grubb & Ellis, addressed Council on the business real estate needs that this project would satisfy. Alan Tuntland Alan Tuntland noted that the project's infrastructure will be geared for high-tech communications, sometimes referred to as a "Smart Park." Recess Mayor Pro Tern Wong called a recess at 8:47 pm. Council reconvened at 9:03 pm with all members present, except Herfert. William Gill William "Buzz" Gill, Senior Vice President of Landmark Golf Company, the company designing the proposed golf course. He assured Council that his company is very cognizant of the wildlife adjacent to any of the courses they develop and the importance to citizens that the wildlife environs remain as intact as possible. Alan Tuntland Alan Tuntland presented a revision to Condition 5.ee. to Conditional Use Permit No. 503 intended to provide an incentive to BKK to build the business park and golf course. In essence, the condition provides for the conveyance of the golf course land to the City if the golf course is not built within five years of the recordation of the Tract Map. The City Council stated that that condition was unacceptable. The City is not interested in acquiring or developing the property. Ken Kazarian Ken Kazarian offered further comments, noting that the Planning Commission asked for assurances that the community was gong to get a golf course, not just a business park. The problem is that there are two separate lenders for the two different projects and neither will loan money with conditions that they have no control over. However, BKK is open to suggestions to change the condition to satisfy both the City Council and BKK's financial lenders. Council suggested that BKK go back to the drawing board and create some other language that is acceptable to all concerned. City Manager Hobbs noted that there may be other points that are brought up during the hearing that cannot be resolved this evening and need further work. These can be identified tonight and discussed at a future study session. Special Counsel Lennard Special Counsel Lennard stated it is possible to come back to Council with other language. He also clarified that the City is not in the position of accepting any interest in the BKK land whatsoever. 2 Council Minutcs of 9/12/00 • Alan Tuntland Fred Burkhardt Victoria Santos Johnny Chua Ely Cubacub Linda Santos Robert Tafoya In Opposition: Reo Williams Jean Arneson Mike Miller Alan Tuntland then addressed one last issue: traffic conditions and how BKK plans to alleviate some of the congestion. Mr. Tuntland presented computer generated pictures of current streets and those same streets with the addition of the proposed "A' Street. The point was to show how unobtrusive "A" Street would be to the adjacent residents. Fred Burkhardt, representing the Chamber of Commerce, gave a power point presentation enumerating several reasons why the City should support the project: a) The primary impact of the project is positive for the City. b) It would improve the business climate in the surrounding area. c) It would improve the City's recreational facilities. Victoria Santos, 1825 W. Farlington Street, noted her support for a golf course at that location. Johnny Chua, 22037 E. La Puente Road, Walnut, noted that although traffic is a negative impact; overall, the project would help the City. Ely Cubacub, 1227 Shalene Street, noted that the Filipino -American Senior Citizens Club fully supports the project. Linda Santos, 1825 W. Farlington Street, spoke as President of the Filipino/American Chamber of Commerce. Her group is very supportive of the project and is also very interested in improving the Amar/Azusa area. She noted that West Covina has a lot to offer the Filipino com- munity and perhaps the project will offer a cultural meeting center at the golf facility. Robert Tafoya, 2214 Calle Jalapa, stated that he would address Council as a resident, not a Planning Commissioner. He discussed several pros and cons and concluded his remarks by supporting the project as an economic benefit for the City. Mayor Pro Tem Wong noted that with the hour of 11:00 pm approaching, there may be individuals in the audience intending to speak in opposition and will not be able to attend a continued meeting on this matter. Council discussed a meeting time to continue the hearing and concurred on September 20'' at 7:00 pm. Mayor Pro Tem Wong afforded an opportunity to those wishing to speak in opposition and the following addressed Council: Reo Williams, 2431 Leanna Street, opposed the building of a golf course on the landfill too soon because of lingering fumes. He felt the whole issue revolved around making money: since the landfill no longer makes money - build a golf course. He also referred to the lengthy staff report and conditions to the Conditional Use Permit. Jean Arneson, 1116 Donna Beth, read a prepared statement relating the history of the landfill in West Covina, noting broken promises from BKK ever since the beginning 47 years ago. She encouraged Council to move slowly and listen to the people on this issue. Mike Miller, 735 E. Herring Avenue, presented material for distribution discussing his reasons for opposing the project as proposed. He expressed concern that the EIR was deficient in a couple of areas. He urged the City Council to impose a condition that the City and Redevelopment Agency will not use funds to bail BKK out of any financial decline or otherwise use funds for work that BKK is required to complete to comply with City regulations or any other regulatory agency. 3 Council Minutes of 9/12/00 ADJOURNMENT Motion by Howard and seconded by Melendez to adjourn the meeting at 11:13 pm and continue the hearing until 7:00 pm on September 20, 2000. Motion carried 4-0. • Mayor Stev erfe Attest: 6��Je� City Clerk Janet Ber