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HomeMy WebLinkAboutReso 1999-19501 RESOLUTION NO. 19501 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING IN CONCEPT A LANDFILL AGREEMENT WITH OTAY LANDFILL, INC. REGARDING CITY TRASH FLOW AND LANDFILL MITIGATION WHEREAS, Otay Landfill, Inc. ("OLI") is proposing an expansion of the Otay Landfill to a maximum height of 725 feet; and WHEREAS, City has concerns regarding the adverse impacts of such expansion on the City; and WHEREAS, OLI has agreed to mitigate such impacts pursuant to the terms and conditions attached hereto as "Exhibit A"; and WHEREAS, City staff and OLI are working on developing a final Landfill Agreement consistent with the attached terms in order to present such agreement to the City Council for its approval as soon as possible. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve in concept a Landfill Agreement with Otay Landfill, Inc. regarding City Trash Flow and Landfill Mitigation on the terms attached hereto as "Exhibit A" subject to City Council final approval, in its sole discretion, of the terms and conditions of the finalized agreement currently being prepared by City staff and OLI. Presented by Approved as to form by Conservation Coordinator ' rney Resolution 19501 Page 2 EXHIBIT A · Upon issuance of the conditional use permit by San Diego County for the expansion of the Otay Landfill ("Expansion), Otay will donate a 54-acre parcel adjacent to the Otay Landfill to the City. · Upon issuance of the final permit of the Expansion, Otay will pay the City a development fee of $4,000,000 payable in annual installments of 91 ,000,000. This amount shall be subject to reduction to the extent the final Expansion is for less than 725 feet, such formula to be mutually agreed upon by City and Pacific. · Otay will assist the City in annexation of the donated parcel at the City's cost. · Otay will grant the City an easement, at not cost, for the extension of Paseo Ranchero Road, To the extent that easement property could be used as mitigation land for the landfill expansion project, the City shall cooperate with Otay in identifying potential alternative mitigation sites or mechanisms for satisfying such obligations. · Otay will grant the City an easement at no cost to aglow emergency access to Maxwell Road from the donated parcel. · Otay will collect liner and perform sweeping on certain roads near the Otay Landfill. · Otay will develop and implement mutually agreed upon dust, noise and bird mitigation plan. · Otay will develop and implement a phased landscape plan approved by the City designed to mitigate the visual impacts of the landfill and to compliment Wolf Canyon vegetation. · Otay will develop and implement a contouring plan approved by the City that compliments the landscape plan and is designed to mitigate visual impacts of the landfill. · Otay agrees that soil stockpiles shall not at anytime exceed the final allowable height of the landfill. · Otay shall exercise good faith efforts to increase its existing gas recovery or develop a new gas recovery with respect to methane production in an effort to eliminate the need for a flare system. · Otay agrees to protect vernal pools at the Otay Landfill · Otay shall convert certain vehicles and equipment to a clean fuel source, subscribe with a California E rated clean fuel energy provider for its on site electrical power needs, and provide a price preference for future sub-contracts that encourages the use of CAE rated clean fuel sources for equipment, fuel and energy. · Otay will develop and implement a gate check procedure designed to avoid improper designation of waste to Chula Vista from outside the jurisdiction, cornmingling of Solid Waste with that of other jurisdictions, litter and improper or illegal disposal. · The City agrees to meet and confer with Otay Landfill Inc./Allied outside of the project permitting process in order to address City Concerns regarding visual impacts of the proposed landfill expansion. Resolution 19501 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 29th day of June, 1999, by the following vote: AYES: Councilmembers: Moot, Padilia, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Davis ABSTAIN: Councilmembers: None S~Maya~or'~'~ ATTEST: Susan Bigelow, City Cl~r~ ' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19501 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 29th day of June, 1999. Executed this 29~h day of June, 1999. ',~-~ ~ ~ ,~'~~ Susan Bigelow, City Clerk