Ordinance - 1716ORDINANCE NO. 1716
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, DECLARING A MORATORIUM ON
APPROVAL OF PLANS OR PERMITS FOR CERTAIN
RESIDENTIAL USES ON SPECIFIED PROPERTIES IN CLOSE
• PROXIMITY TO THE BKK LANDFILL; SAID ORDINANCE TO BE
ADOPTED AS AN URGENCY ORDINANCE PURSUANT.TO SECTION
65858 OF THE GOVERNMENT CODE
WHEREAS, On October 28, 1985, the City of West Covina notified
the California Department of Health Services, and others
as required by law, of the City's intent to prepare an
environmental impact report for a residential project proposed
to be located to the north of and in proximity to the BKK
Landfill. Said notice requested comments from this and
other agencies specifically on the potential health impacts
on said residential project; and
WHEREAS, the City received on.February 11, 1986, a letter
dated February 6, 1986, from the California Department
of Health Services in which it states "we believe it is
advisable to delay residential development in close proximity
to the landfill"; and
WHEREAS, this is the first such recommendation received
by the City from the California Department of Health Services
on this subject; and
WHEREAS, in August of 1983, the United States Environmental
Protection Agency determined that violations to the regulations
of the Resource Conservation and Recovery Act existed at
the BKK Landfill; and
• WHEREAS, in July of 1984, nineteen (19) families residing
in proximity to the BKK Landfill were evacuated from their
homes because potentially dangerous levels of methane gas
were discovered off -site of the Landfill; and
t
WHEREAS, said evacuation resulted in the City filing legal
action in Superior Court known as People ex rel. City of
West Covina v. BKK Corporation, et al., L.A.S.C. No. C
• 507317; and
WHEREAS, subsequent to that filing, and at least in part
due to site assessment and mitigation activities required
by the BKK Corporation pursuant to the Stipulated Preliminary
Injunction ("SPI") issued in said case, the California
Department of Health Services, the California Regional
Water Quality Control Board, and the United States Environmental
Protection Agency ("EPA") have identified off -site groundwater
contamination to the south and west of the BKK Landfill;
and
WHEREAS, said identified off -site groundwater contamination
locations are known as the Miranda Seep, the MW 29/P-4
area and EPA piezometer EP 11; and
WHEREAS, the California Department of Health Services,
the California Regional Water Quality Control Board, and
the EPA have similarly identified on -site groundwater contamination
in locations in close proximity to the property line of
the BKK Landfill to the north, south and west; and
WHEREAS, said identified contamination locations are known
as MW 21A, OP 14 and MW 16P2; and
WHEREAS, the California Department of Health Services and
the Environmental Protection Agency have indicated that
a health assessment is being conducted over the next several
• years to determine if there is any endangerment to the
public health or the environment from the BKK Landfill;
and
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WHEREAS, on March 11, 1986, the EPA issued orders to BKK
under Sections 3013 and 7003 of the Resource Conservation
and Recovery Act, as amended; and
• WHEREAS, said 3013 Order, a copy of which is on file with
the City Clerk's office, and all of its provisions including
its findings of facts and conclusions'of law are incorporated
herein by reference as though set forth fully; and
WHEREAS, based upon the findings of fact and conclusions
of law in said 3013 Order, EPA has determined that "available
data indicates that hazardous wastes are present at the
BKK Facility and.have been released into the air, soil,
and groundwater within and adjacent to the BKK Facility.
Past releases have resulted in direct human exposure to
high levels of toxic chemicals and violations of health -based
state regulatory requirements: As existing controls have
not eliminated the presence of these wastes or prevented
their release, a substantial hazard to human health may
be presented"; and
WHEREAS, said 7003 Order, a copy of which is on file with
the City Clerk's office, and all of its provisions including
its findings of fact'and conclusion of law are incorporated
herein by reference as though set forth fully; and
WHEREAS, based upon the findings of fact and conclusions
of law in said 7003 Order, EPA has determined that "the
handling and disposal of hazardous waste at the BKK Facility
may present.an imminent and substantial endangerment to
human health. The risk arises from the presence and potential
irelease of significant concentrations of hazardous waste
and hazardous constituents into the ground water underneath
.the BKK Facility and the adjacent residential areas, and
the resultant possibility that contamination may migrate
3
further into the drinking water aquifer located approximately
2 miles from the BKK Facility, or through surface water
which may flow into adjacent residential areas, both pathways
• leading to direct human exposure"; and
WHEREAS, pursuant to said 3013 and 7003 Orders, EPA. has
ordered the BKK Corporation to submit, and to implement
following approval, a complete Site Assessment Workplan,
whose objectives include the determination of the nature
and full extent of contamination of air, soil and water
at the BKK Landfill and contiguous areas, the establishment
of comprehensive on -going monitoring programs to detect
future releases of contaminants from the BKK Landfill,
and the development of sufficient data to determine the
extent to which substances may endanger human health or
the environment at the BKK Landfill and contiguous areas;
and
WHEREAS, the California Department of Health Services issued
to the BKK Corporation on March 10, 1986, a "DETERMINATION
OF IMMINENT OR SUBSTANTIAL ENDANGERMENT." pursuant to California
Health and Safety Code Sections 25358.3 and 25355.5(b)(3),
a copy of which is on file with the City Clerk's office
and which Determination, and all of its provisions, are
incorporated herein by reference as though fully set forth
herein; and
WHEREAS, said Determination concludes in part that "there
may be an imminent and substantial endangerment to the
public health or welfare or to the environment, because
• of releases and threatened releases of hazardous substances
from the BKK Facility to surface and ground water and threatened
releases of hazardous substances to drinking water aquifers";
and
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WHEREAS, vacant property capable or permitted to allow
the construction of residential dwelling units, exists
within "close proximity" to the BKK Landfill; and
WHEREAS, said vacant properties are described 'in Exhibit
A and shown on a map labeled as Exhibit B, both of which
are attached to this ordinance. and by this reference incorporated
herein; and
WHEREAS, as a result of said Orders and Determination and
said letter from the California Department of Health Services
dated February 6, 1986, the City of West Covina, by letter
dated March 26, 1986, requested a determination by the
California Department of Health Services of whether said
vacant properties described in Exhibit A. -and shown.on Exhibit
B should be designated as "hazardous waste property" or
"border zone property" pursuant to California Health and
Safety Code Section 25220 et seq.; and
WHEREAS, should the California Department of Health Services
designate any portion of'said vacant properties as "hazardous
waste property" or "border zone property", those residential
uses listed in Health and Safety Code Section 25232(b)(1)
would be prohibited on said property; and
WHEREAS, the City Council finds as follows:
1. The issuance of building permits for the construction
of residential dwelling units on the.properties described
in Exhibit'A and shown on Exhibit B may soon be requested.
• 2. Development plans for additional residential dwelling
units on the properties described in Exhibit A and shown
on Exhibit B are pending or being planned for submittal
to the.,City for approval.
5
3. The California Department of Health Services and the
Environmental Protection Agency are directing a comprehensive
site assessment to determine if there .is any endangerment
• to public health or the environment which assessment is
due for completion "over the next several years.
4. The California Department.of Health Services is currently
determining whether said vacant properties should be designated
as "hazardous waste property" or "border zone property"
pursuant to Health and Safety Code Section 25220 et seq.
5. That information received as a result of the BKK Corporation's
implementation of the Site Assessment Workplan ordered
by EPA may, over the next several years, determine the
nature and full extent. 'of contamination of air,, soil and
water in areas contiguous to the BKK Landfill and determine
the extent to which substances from the BKK Landfill may
endanger humanhealth or the environment in contiguous
areas.
6. The EPA and the California Department of Health Services
have determined that there may be an imminent and substantial
endangerment to the public health or welfare or the environment,
and therefore the approval of plans or permits by the City
for any residential use of the property described in Exhibit
A may result in a threat to public health or welfare or
the environment, based on the Orders, Determinations and
other specifics set forth herein.
7. The most expeditious means to provide time for the
• completion of said studies by the California.Department
of Health Services and receipt of data to be provided as
part of the Site Assessment Workplan and pursuant to the
SPI, is a,moratorium on any further review and/or approval
of development plans and issuance of building permits by
C1
the City for any residential uses in close proximity to
the Landfill.
8. During said moratorium the City will study the information
• and data resulting from said California Department of Health
Services and the Environmental Protection Agency studies
and the Site Assessment Workplan and SPI, and based on
said.information will consider general and/or specific
plan amendments, or new zoning proposals, for the area
in close proximity to the BKK Landfill, including those
properties described in.Exhibit A.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Notwithstanding any other provisions of the
West Covina Municipal Code, during such times as this ordinance
is in full force and effect, no development plan shall
be reviewed and/or approved for the commencement or establishment
of any residential uses described in California'Health
and Safety Code Section 25232(b)(1) nor shall any building
permits be issued for any residential uses described in
California Health and Safety Code Section 25232(b)(1) on
property in close proximity to the BKk Landfill as described
in Exhibit A, pending further progress by the California
Department of Health Services and the Environmental Protection
Agency in their comprehensive site assessment to determine
if there is any endangerment to the public health or the
environment related to the BKK Landfill and its determination
as to whether to designate any of said properties described
in Exhibit A as "hazardous waste property" or'"border zone
• property as defined in Health and Safety Code Section
25220 et seq., and pending further information which may
be received as a result of activities undertaken by BKK
or.other parties as part of the Site Assessment Workplan
ordered by EPA or as part of BKK's.compliance with the
7
Stipulated Preliminary Injunction issued in People ex rel.
City of West Covina v..BKK Corporation; -et al;, L.A.S.C.
No. C 507317.
• E S CTION 2. This ordinance is adopted as an urgency measure
to protect the public safety, health and welfare and shall
take effect upon its adoption and shall continue in effect
for a period of no longer than forty-five (45) days; provided,
however, that after notice pursuant to Section 65090 of
the California Government Code and.a public hearing, the
City Council may extend the effectiveness of this ordinance
for a period of ten months, fifteen days and thereafter
for an additional period of one year. A statement of facts
constituting the basis of such urgency is as above set
forth in the recital of this ordinance, and is incorporated
herein, citing a current and immediate threat to the public
health, safety or welfare and that review and/or approval
of said development plans or issuance of said building
permits would result in a threat to public health,.safety
or welfare. The legal authority of the enactment of this
ordinance is Section 65858 of the -California Government
Code and other applicable statutes.
SECTION 3. The City Clerk shall certify to the passage
and adoption of this ordinance and cause the same to be
published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this - 14th; day of Apri 1
Mayor q
ATTEST:
City Clerk
fi .9
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF WEST COVINA )
I, Helene M. Mooney, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No. 1716
• was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 14th day of
April , 1986. That, thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City
Council on the 14th day of April 1986,
by the following vote, to wit:
AYES: Shearer, Bacon, Manners, Chappell
NOES: Tennant
ABSENT: None
APPROVED AS TO FORM:
4�4� e eezl�'.el
/VV 72�L City Attorney
•
City Clerk
9
•
EXHIBIT "A"
The following described properties are subject to the provisions
of this Ordinance:
l.* Assessor's Parcel No. 8493-003-024, described as E.J.
Baldwin's Fifth Subdivision of a portion of Rancho La Puente.
That part in County Sanitation District No. 22 of Vac
St and Lots 337,353 and 354 DAR Lot com at intersection
of SE line of Azusa Avenue with SW line of Lot 354 th NE
on sd SE line to E line of Azusa Avenue Vac th S thereon
to sd SW line th NW thereon to beg Part of Vac St. and
Assessor's Parcel No. 8493-003-025 described as E.J. Baldwin's
Fifth Subdivision of a portion of Rancho La Puente. That
part outside County Sanitation District No. 22 of lot
com at intersection of SE line of Azusa Avenue with SW
line of Lot 354. th NE on sd SE line to E line of Azusa
Avenue Vac th S thereon to sd SW line th NW thereon to
beg Part of Vac St and part of Lots 337,353 and 354.
2.* Property described as Tract Nos 33393,43021 and.the undeveloped
portion of 35930.
3.* Property described as Parcel Map 15658 (formerly Lot 2
of Tract 29126') .
4.* Property described as Lot 5 of Tract No. 29126.
5.* Property described as that portion of Lot 116 of Tract
No. 930, as per map recorded in Book 17, pages 38 and 39
of Maps, in the office of the County Recorder of said County
decribed as follows:
Beginning at the Southeast corner of the land described
in the deed recorded in Book D1681, page 103 of Official
Records, in the office of the County Recorder of said County;
thence North 890 21' 00" West, 260.00 feet, measured along
the Southerly .line of the land described in said deed;
thence North 000 39'00" East, 94.39 feet; thence North
590 09' 00" West, 66.27 feet; thence North 450 39' 00"
East, 81.00 feet; thence North 000 39' 00" East 95.00 feet;
thence North 600 42' 00" West, 65.00 feet; thence North
00039' 00" East, 60..00 feet; thence North 460 43' 19" East,
147.75 feet; thence North 610 17' 46" East, 103.32 feet;
thence North 320 08' 52" East, 103.32 feet, more or less,
to the Southwesterly terminus of that certain course shown
as having a bearing of North 640 41' 40" East and a length
of 74.44 feet in the Southerly boundary of Tract No. 28988,
as per map recorded in Book 739, pages 41 and 42 of Maps
in the office of said County Recorder; thence North 64
41' 40" East, along said Southerly boundary, 74.44 feet
• to the Southeast corner of said Tract No. 28988, said point
being also in the Easterly line of the land described in
said deed; thence South 00 40' 50" West, 645.00 feet,
measured along said Easterly line to the point of beginning.
6;* Property described as Tract Nos. 32323 and 42169
7,:� Property described as Tract No. 32324
8.* Property described as Lot 36 of Tract 31147
* Number corresponds to number assigned to listed properties
on Exhibit B.
EXHIBIT "B"
0. V. �. LAOLL
0
B.K.K. LANDFILL
VICINITY MAP
REQUESTED
BORDERZONE AREA
CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that a true and accurate copy of
Ordinance No. lq!�o - was published, pursuant to law, in the San
Gabriel Valley- Tribune, a newspaper of general circulation published
and circulated in the City of West Covina.
Janet Ber Deputy City Clerk /
City of West Covina, California
DATED: