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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 9 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 4 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: