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Home My WebLink AboutRDA Packet 2000/08/22 ~{f? -T!- ~-- ::: em OF CHUlA VISTA TUDDAY, AUGUST 22, 2000 COUNCIL CHAM.I.. 6:00 P.M. PU.LlC SIRVJCD BUILDING (I_IDIATILY POLLOWING THI CITY COUNCIL MinING) ADJOURNED JOINT MEETING OF THE REDEVELOPMENT AGENCY / CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Dovis, Moot, Podilla, Salas, and Chair/Mayor Horton CONSENT ITEMS (Items 1 through 3) The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the Agency/City Council by one motion without discussion unless on Agency/Council member, 0 member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Farm" available in the lobby and submit it to the Secretory of the Redevelopment Agency or the City Clerk prior 10 the meeting. Items pulled from the Consent Calendar will be discussed oller Action Items. Items pulled by the public will be the firsl items of business. 1. AGENCY AUTHORIZING FILING AN APPLICATION FOR GRANT FUNDS FROM THE RESOLUTION SOLID WASTE DISPOSAL SITE CLEAN UP TRUST FUND FOR THE CLEAN UP COUNCIL OF THE HOLDING SITE LOCATED AT 4075 OTAY VALLEY ROAD WITHIN THE RESOLUTION OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA; AND CERTIFYING THE APPLICANT WILL HAVE MATCHING FUNDS FOR THE PROJECT; AND DESIGNATING THE EXECUTIVE DIRECTOR AS AGENT FOR THE PROJECT- The City of Chula Vista and the Redevelopment Agency are interested in expanding the Auto Park to generate additional jobs and revenue in an area currently blighted. A 1.6 acre site in this target area is unsuitable for development due to its use as a stockpile for contaminated burn-ash. A portion of the Otay Valley Landfill, owned by San Diego County and approved to receive the burn-ash, will be closed by year-end 2000, pending approval of a Closure Plan at a September San Diego County Board of Supervisors meeting. As part of the plan, there will be no tipping fees (estimated at $2 million) to the City of Chula Vista, provided the burn-ash is received into the landfill in November 2000. The California Integrated Waste Management Board (CIWMB), through its Solid Waste Disposal Site Clean Up Trust Fund, provides matching grants to local governments with priority solid waste clean up needs. Due to the short time remaining before the landfill closure, the CIWMB has allowed the City to submit an August 30 application, which will be reviewed at their Board meeting of September 18 and 19. [Community Development Director) STAFF RECOMMENDATION: Agency/Council adopt the resolution. . - AGENDA -2- AUGUST 22, 2000 2. AGENCY ADOPTING NEGATIVE DECLARATION IS-00-28, APPROVING AN OWNER RESOLUTION PARTICIPATION AGREEMENT WITH DESERT KING INTERNATIONAL FOR THE DEVELOPMENT OF A 11,702 SQUARE FOOT CONCRETE BUILDING FOR WAREHOUSE, OFFICE, AND DISTRIBUTION CENTER WITHIN THE OTAY VALLEY REDEVELOPMENT PROJECT AREA-Desert King is a company that imports/exports natural plant extracts for such products as beverages, agricultural and industrial goods, etc.. The proposed land use is consistent with the City's Municipal Code and General Plan, and the Otay Valley Redevelopment Plan and Implementation Plan/Design Manual Addendum. The proposed project has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), and it is determined that there are no significant impacts. The Otay Valley Redevelopment Project Area Plan requires that Desert King enter into an Owner Participation Agreement (OPA), which includes the design plans and a list of conditions. [Community Development Director] STAFF RECOMMENDATION: Agency adopt the resolution. 1) Council place Ordinances a), b), and c) on first reading 3. a) COUNCIL APPROVING AND ADOPTING THE FOURTH AMENDMENT TO THE ORDINANCE TOWN CENTRE NO. II REDEVELOPMENT PROJECT AREA PLAN AND THE MERGER OF THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT AND THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT, AND THE SOUTHWEST REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF THE COMMUNITY REDEVELOPMENT LAW, HEALTH AND SAFETY CODE SECTION 33485 et seq. (SECOND READING AND ADOPTION)- Amendments to the Project Area Plans is to merge the Project Areas. The Amendments will not enlarge the Project Areas, nor will the Amendments affect any of properties in the proposed Merged Project Area differently than if the Project Areas remained separate. The proposed Amendments do not change any of the existing tax sharing agreements between the Agency and the taxing entities within the affected Projects Areas. The main purpose of the proposed merger of the Project Areas would be for efficiency of administration and financing. [Community Development Director] STAFF RECOMMENDATION: Council adopt Ordinances a), b), and c) b) COUNCIL APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE ORDINANCE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA PLAN AND THE MERGER OF THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AND THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT, AND THE SOUTHWEST REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF THE COMMUNITY REDEVELOPMENT LAW, HEALTH AND SAFETY CODE SECTION 33485 et seq. (SECOND READING AND ADOPTION) c) COUNCIL APPROVING AND ADOPTING THE THIRD AMENDMENT TO THE ORDINANCE SOUTHWEST REDEVELOPMENT PROJECT AREA PLAN AND THE MERGER OF THE SOUTHWEST REDEVELOPMENT PROJECT AND THE . - AGENDA -3- AUGUST 22, 2000 TOWN CENTRE NO. II REDEVELOPMENT PROJECT, AND THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF THE COMMUNITY REDEVELOPMENT LAW, HEALTH AND SAFETY CODE SECTION 33485 et seq. (SECOND READING AND ADOPTION) ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency/City Council on any subject matter within the Agency/City's jurisdiction thot is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency/City Council from taking action on any issues not included on the posted agendo.) If you wish to address the Agency/City on such a subject, pleose complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretory to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, pleose give your name and address for record purposes ond follow up action. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been odvertised and/or posted as public hearings os required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 4. PUBLIC TO CONSIDER GRANTING A SPECIAL USE PERMIT TO ALLOW A PEAK LOAD HEARING POWER PLAN ON THE PROPERTY LOCATED AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA-The proposed Peak Load Power Plant is an electrical power generation plant designed to meet the local and regional electrical requirements as well as providing for regional transmission system and local distribution grid support. The main function of a Peak Load plant is to produce additional electrical power during periods of high demand, and function as support for the regular power generation and distribution system. The applicant is requesting approval of a Special use Permit and design plans for the construction of a plant which involves the installation of electrical general equipment of a 3.5 acre properly located south of Main Street and Albany Avenue close to the Otay River Valley. [Community Development Director] STAFF RECOMMENDATION: Agency adopt the resolutions. a) AGENCY CERTIFYING MITIGATED NEGATIVE DECLARATION IS-00-39 AND RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT TO ALLOW THE SITING OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET b) AGENCY APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PG&E RESOLUTION DISPERSED GENERATING COMPANY, LLC FOR THE CONSTRUCTION OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT - - AGENDA -4- AUGUST 22, 2000 ACTION ITEMS The items listed in this section of the ogendo ore expected to elicit substantial discussions ond deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certoin cases be presented in the olternative. Those who wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the City Clerk prior to the meeting. 5. AGENCY APPROVING AN AMENDED CONTRACT WITH ECONOMICS RESEARCH RESOLUTION ASSOCIATES TO PROVIDE ADDITIONAL CONSULTING SERVICES FOR DOWNTOWN STRATEGIC PLANNING RELATING TO A PROPOSED CULTURAL ARTS CENTER; AUTHORIZING $51,000 FROM THE BAYFRONT/TOWN CENTRE I PROFESSIONAL SERVICES FUND; AND AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENT-In December 1999, the Agency initiated a contract with Economics Research Associates to provide consulting services for Downtown economic strategic planning. As an additional task, Agency and City staff are requesting an amendment of the existing contract's Scope of Work to conduct a feasibility analysis for a proposed Downtown cultural arts center. The additional analysis will include a market analysis, needs assessment and concept development, facility architectural review, and a financial feasibility analysis. [Community Development Director] STAFF RECOMMENDATION: Agency adopt the resolution. OTHER BUSINESS 6. DIRECTOR'S REPORT(S) 7. CHAIR'S REPORT(S) 8. AGENCY COMMENTS ADJOURNMENT The meeting will adjourn to an adjourned meeting of Redevelopment Agency on September 12, 2000 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. . .. JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT ITEM NO.: / MEETING DATE: 8/22/00 ITEM TITLE: JOINT AGENCY-COUNCIL RESOLUTION AUTHORIZING FILING AN APPLICATION FOR GRANT FUNDS FROM THE SOLID WASTE DISPOSAL SITE CLEAN UP TRUST FUND FOR THE CLEAN UP OF THE HOLDING SITE LOCATED AT 4075 OTAYVALLEY ROAD WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA; AND CERTIFYING THE APPLICANT WILL HAVE MATCHING FUNDS FOR THE PROJECT; AND DESIGNATING THE EXECUTIVE DIRECTOR AS AGENT FOR THE PROJECT. SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR l-j} -t. e.s:- REVIEWED BY: EXECUTIVE DIRECTOR (oJ¿. ,,¡7) ,\-r 4/STHS VOTE: YESD NO 0 BACKGROUND The City of Chula Vista and the Redevelopment Agency are interested in expanding the Auto Park to generate additional jobs and revenue in an area currently blighted. A 1.6-acre site in this target area is unsuitable for development due to its use as a stockpile for contaminated burn-ash. The site, owned by the Shinohara Estate, currently contains an estimated 35,000 cubic yards of contaminated material. A portion of the Otay Valley Landfill, owned by San Diego County will be closed by year-end, 2000, pending approval of a Closure Plan at a September San Diego County Board of Supervisors meeting. As part of the plan, there will be na tipping fees to the City of Chula Vista, provided the burn ash is received into the landfill in November, 2000. Tipping fees, under normal conditions, would be an estimated $2 million. The California Integrated Waste Management Board (ClWMB), through its Solid Waste Disposal Site Clean Up Trust Fund, provides matching grants to local governments with priority solid waste clean up needs. Due to the short time remaining before the landfill closure, the CIWMB has allowed the City to submit an August 30th application, which will be reviewed at their Board meeting of September 18 and 19. Staff is requesting authorization to submit a grant application for the September ClWMB meeting. The grant request will be for 50-percent of $722,733 - the highest anticipated cost of the clean up plus a contingency of 20-percent. A contingency of 20-percent is being requested due to the fact that it is impossible to certify the extent of subsurface contamination. The contingency is set to /~ / . .. PAGE 2, ITEM NO.: MEETING DATE: 08/22/00 provide ample leeway in the event unknown conditions are found during the clean-up operation. If a grant is awarded, 50-percent would be reimbursed from the Solid Waste Disposal Site Clean Up Trust Fund. The clean up will include all surface and sub-surface burn ash, appropriate precautions and testing, as well as oversight by URS Woodward Clyde. URS Woodward Clyde has been the Redevelopment Agency's expert consultant on environmental issues in the Otay Valley Road Redevelopment Area and is the author of the Work Plan for removal of the contamination. The Redevelopment Agency proposes to purchase the site and sell it for addition to the Auto Park after the clean up. RECOMMENDATION It is recommended that the Redevelopment Agency and City Council authorize the application for the grant, certify the Agency and/or City will have matching funds for the project; and designating the Executive Director as agent for the Project. BOARDS/COMMISSIONS RECOMMENDATION N/A DISCUSSION This recommendation follows an eight-year period of negotiation and discussion regarding the contaminated soil preventing development and expansion of the Auto Park. In 1992 it was discovered that the entire 31-acre parcel planned for the Auto Park had been filled with contaminated soil. The owner, Mr. J. Shinohara, graded the contaminated fill into a stockpile on a 1.6-acre corner of the Auto Park site near the Otay River and wetlands. The stockpile area was then legally split, creating a separate parcel and retained as the stockpile site by Mr. Shinohara. The stockpile site has been shown, through extensive testing, to contain heavy metal contaminates, including lead. Although testing has shown that no groundwater contamination has occurred, the site requires remediation because of its proximity to the Otay River. The potential for erosion of the stockpile and resulting potential for run-off into nearby wetlands and the river may threaten human health and safety and wildlife down stream. Additionally the contamination prevents any attempts at development. Development of the parcel would result in the reduction of blight and an influx of revenues to the City, County and State. In 1997, Mr. Shinohara drafted and submitted a Work Plan for clean up of the site. However, before the Work Plan could be completed Mr. Shinohara died. Despite much discussion with the estate, the clean up has been delayed. The current remediation plan is driven by the Otay Valley Landfill closure scheduled for adoption and completion in autumn, 2000. As part of a closure there will be no tipping fees. The Otay Valley Landfill was identified as an appropriate site for the stockpiled burn-ash and incorporated into I-d--. . - PAGE 3, ITEM NO.: MEETING DATE: 08/22/00 the Work Plan for remediation of the stockpile site. The Wark Plan is pending approval by the San Diego Regional Water Quality Board and the San Diego County Board of Supervisors. If the City/Agency cannot use the upcoming November opportunity for clean up of the Shinohara Stockpile, a new Work Plan must be written. An alternate disposal site must be found and approved by the San Diego Regional Water Quality Control Board, and tipping fees will probably be imposed. The costs may rise to an estimated $3 million on a properly with a fair market value significantly lower than that. If the grant application is successful, the clean up will cost 12-percent of the anticipated cost if the Otay Valley Landfill Closure is missed. Staff believes acting at this time is fiscally prudent as well as being an investment in the future health and safety of the community. The remediation of this parcel will allow expansion of the auto park. Staff anticipates that resulting revenues from future car sales will recoup expenses incurred. FISCAL IMPACT The matching grant funds, if awarded at the City/Agency fill request, could provide a maximum of $361,367, or 50-percent of the clean up cost. The Redevelopment Agency's cost would be $361,367. If the clean up can be accomplished successfully at a lower cost, both the grant receipts, if awarded, and Agency expenditure will be reduced. ATTACHMENTS Revised Work Plan for the Excavation and Placement of Burn-Ash-Containing Soil, 4705 Otay Valley Road, Chula Vista, California Letter to Mr. Ben Guerrero, Environmental Projects Manager, City of Chula Vista, regarding site clean up costs Application for Matching Funds to the Solid Waste Disposal Site Clean up Trust Fund, without supporting documents H, \HOME\ COMMO EV\ST AFF . RE P\08- 2 2 -00\8.22 ra -agendas! .doc (- 3 - .. AGENCY RESOLUTION NO. AND COUNCIL RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING FILING AN APPLICATION FOR GRANT FUNDS FROM THE SOLID WASTE DISPOSAL SITE CLEAN UP TRUST FUND FOR THE CLEAN UP OF THE HOLDING SITE LOCATED AT 4075 OTAY VALLEY ROAD WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA; AND CERTIFYING THE APPLICANT WILL HAVE MATCHING FUNDS FOR THE PROJECT; AND DESIGNATING THE EXECUTIVE DIRECTOR AS AGENT FOR THE PROJECT WHEREAS, there exists in the Otay Valley Road Redevelopment Area a stockpile of contaminated waste which the City/Agency has a potential opportunity to remediate in November, 2000 due to the anticipated closure of the Otay Valley Landfill; and WHEREAS, Assembly Bill 2136 that authorizes the California Integrated Waste Management Board (the Board) to initiate and administer a program for clean up of solid waste disposal sites and for clean up of solid waste at co-disposal sites where the responsible party either cannot be identified or is unable or unwilling to pay for timely remediation and where clean up is needed to protect public health and safety or the environment; and WHEREAS, said procedure established by the Board requires the City/Agency to certify by resolution the approval of application before submission of said application to the State of California; and WHEREAS, if a grant is awarded the City/Agency will enter into an agreement with the State of California as required by the California Integrated Waste Management Board; NOW, THEREFORE, BE IT RESOLVED that the City Council and Redevelopment Agency of the City of Chula Vista do hereby: 1) Approve the filing of an application for the clean up of solid waste using grant funds from the Solid Waste Disposal Site Clean up Trust Fund for the stockpile site at 4075 Otay Valley Road; 2) Certify that said applicant will have matching funds for the project; 3) Certify that said applicant will have sufficient funds to operate and maintain the project; and 4) Appoint the Executive Director as agent of the City of Chula Vista City Council and Redevelopment Agency to conduct all negotiations, execute and submit all documents including, but not limited to applications, grant agreements, amendments, payment requests, which may be necessary for the completion of the project. Presented by Approved as to form by Ch'~~ Director of Community Development H: IH OM EICOMM DEVIRE SOSI8-22j ntreso. doc (- L( - . .. URS Greiner Woodward Clyde 1615 Murray Canyon Road. Suite 1000 San Diego. CA92108 A Division at URS Corpo,"'ion Tel 619.2949400 Fax: 619.293.7920 March 27, 2000 Offices Worldwide Mr. Benjamin Guerro Environmental Projects Manager City of Chula Vista - Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 Subject: Proposal for Excavation and Disposal of Burn-Ash-Containing Soil 4075 Gtay Valley Road Chula Vista, CaJifornia URSGWC Reference No. 975800012011 Dear Mr. Guerrero: URS Greiner Woodward Clyde (URSGWC) is pleased to provide this proposal to the City of Chula Vista (City) for the removal of burn-ash containing soil located at 4705 Gtay Valley Road in Chula Vista, California (the site). The purpose of our work will be to implement the Revised Workplan for the Excavation and Disposal of Burn-Ash-Containing Soil, dated March 27,2000 (previously revised in September 1997). This workplan entails excavating and transporting the burn-ash-containing soil (ash) to the Class I portion of the Gtay Landfill (Landfill). The ash will be placed and compacted at the Landfill in accordance with the County of San Diego's closure process. This proposal was prepared at your request and reflects the revised estimate from our January 26, 2000 correspondence. We have also included a copy of the workplan for the removal of the ash. It is our understanding that the use of the property will likely be limited to a paved parking area for passenger vehicles. As such, we have prepared cost estimates for removing the above-grade ash stockpile separate from the costs for removing the subsurface ash. This provides the City the flexibility of pursuing the option of leaving the subsurface ash in-place with regulatory agencies. The disadvantage of this option is that the opportunity to place those materials in the Landfill may be lost due to the time it could take to complete the regulatory approval process. The current Landfall closure schedule for ash relocations is planned to occur from mid-November 2000 through December 2000. Ash relocations outside of this time frame will Jikely incur tipping fees at an active landfill. We understand that no tipping fees will be required to place the ash in the Landfill within the November-December 2000 time frame. A significant cost savings will be realized by synchronizing the ash relocation with the Landfill closure. I-~- W,IPROPOSAl \9758000 , 2\PROP-Al. DOC\27 -MAR-DOISOG - - URS Greiner Woodward Clyde Mr. Benjamin Guerro Environmental Projects Manager March 27, 2000 Page 2 The extent of the ash excavation for subsurface materials will be determined by visual observations and laboratory testing for lead in the soil. Soil below this point will remain in place. These materials may consist of alluvium or other materials with undesirable engineering characteristics for the support of building structures. The resulting excavation will be backfilled with compacted fill and finished to grade with 12 inches of compacted Class II aggregate base, which should provide adequate support for passenger vehicles, despite the unknown soil conditions beneath the ash. If only the stockpiled ash is removed, then the removal elevation will extend to match the existing adjacent site grades. The ash area could be overexcavated and replaced with Class II base or another material, if requested by the City. Overexcavation and Class II base are not included in our estimate for this option. Estimated fees for our services will be approximately $252, I 00 and $592,300 for the stockpile and stockpile/subsurface ash alternatives, respectively. A breakdown of the anticipated fees are shown in the following table: Stockpile and "Fixed Fee" Activities Stockpile Ash Only Subsurface Ash 1. Mobilization and Permits $5,700 $5,700 2. Grading Plan $4,100 $4,100 3. Storm Water Pollution Prevention Plan (SWPPP) $4,400 $4,400 4. Health and Safety (HS) and Community HS Plans $2,300 $2,300 5. Soil Testing $5,800 $9,200 6. Laboratory Analyses $1,100 $7.600 7. Reporting $9,100 $13,000 Total Fixed Fee Costs $32,500 $46,300 "Variable Fee" Costs $219,600 $546.000 Excavation, Hauling, Placing and Compacting, including Unit Cost: $11.56 cy' Unit Cost: $16.06cyb decontamination and environmental monitoring. Total Estimated Costs $252,100 $592,300 , Includes removal of 19,000 cy of stockpiled material from the site b Includes removal of 19,000 cy of stockpiled material, 15,000 cy of subsurface material, and backhauling and compacting 15.000 cy ot clean fill material from Otay Landfill an placing 12-inches of Class II aggregate base at the site. /- ~ W,IPAOPOSALI97580001 2\PROP-AL. 000127 .MAR-OO\SDG - .. URS Greiner Woodward Clyde Mr. Benjamin Guerro Environmental Projects Manager March 27, 2000 Page 3 The signature from an authorized representative of the City at the end of the attached Agreement for Professional Services will be the acknowledgement of our mutual understanding and acceptance of this proposal. This proposal constitutes the work order referenced in the Agreement. This proposal is valid from the date of issue through October 20, 2000. URSGWC appreciates the opportunity to assist 'the City with this project. If you require additional assistance or have questions regarding this cost estimate, please call us at (619) 294-9400. Very truly yours, URS GREINER WOODWARD CLYDE ~,:::<:;7 GùR~ Ronald S. Johnson, P. . Vice President Senior Project Enginee DEM/RSJ :mjr/lej Attachments: Assumptions Agreement for Professional Services Work Plan cc: Glen R. Googins, Esq. Assistant City Attorney Office of the City Attorney City of Chula Vista 276 Fourth Avenue ChulaVista,CA 91910 Mr. Brian Hunter Planning & Environmental Manager Community Development Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 /- 7 W,IPROPOSAL\975800012\PROP-AC OOC\27-MAR.OO\SOG .., - URS Greiner Woodward Clyde Mr. Benjamin Guerro Environmental Projects Manager March 27, 2000 Page 4 Assumptions For Excavation and Disposal of Burn-Ash-Containing Soil 4705 Otay Valley Road Chula Vista, California I. City to conduct an aerial survey of the site and provide an aerial survey map with I-foot contours three months prior to construction. The aerial survey map will be utilized for preparation of the SWPPP and grading plan as indicated in the attached work plan. 2. City to conduct four (4) ground surveys with lO-foot horizontal spacing of the site at the following intervals: Prior to construction, subsequent to removal of the stockpile, subsequent to removal of the subsurface material, and at the conclusion of construction following backfill. 3. City to waive project grading permit fees. 4. City to provide water to be utilized for dust control on the project. 5. City to waive traffic control permitting costs. URSGWC also assumes that a flag person will not be necessary during ash removal or import of backfill material. If the City or other regulatory agency determines a flag person in necessary, additional costs will apply. 6. City to serve as a liaison with adjoining businesses and property owners. 7. City will identify and mark-out known utilities in the area to be excavated at the site. 8. Costs presented assume that the work will be conducted in accordance with the attached workplan dated March 27, 2000. If workplan modification is requested by the City or any other regulatory agency involved in the project, additional costs may apply. 9. Costs presented above exclude relocation of existing utilities, including power poles, if required to complete the scope of work. 10. Costs presented above do not include tipping fees, disposal fees or landfill permits for disposal of the material to the atay Landfill. II. Costs presented are based on 19,000 cy of stockpiled material and 15,000 cy subsurface soils to be removed, and backfill materials to be imported to the site. Final costs for movement of the burn-ash material to the atay Landfill and backfilling may be more or less, depending on sequential ground surveys to determine the actual volume moved. 12. URSGWC labor costs presented in the "Fixed Fee" costs are based on movement of the stockpiled material, excavation and movement of the subsurface material, backfilling and compaction being completed within 22 working days. 1- 9 WIPROPOSAL \97580001 2\PROP.AL.OOC '7 .MAR-OOISDG - - URS Greiner Woodward Clyde Mr. Benjamin Guerra Environmental Projects Manager March 27, 2000 Page 5 13. URSGWC assumes that 60 soil samples will be sufficient to confmn that in-situ lead concentrations are less than 130 mglkg at the conclusion of burn-ash movement. Additional sample collection and analyses will be performed, as necessary to confirm in-situ lead concentrations, on a 24-hour turn-around-time basis at the rate of $65 per sample. 14. URSGWC assumes that 21 air samples (ont: per day) will be submitted for laboratory analyses to measure airborne lead concentrations during movement of burn-ash containing materials. 15. Compaction of burn-ash material placed at the Otay Landfill and backfill material imported to the site will be compacted to 90% relative compaction in accordance with ASTM D1557. 16. Excavation will not be required in groundwater and dewatering will not be required. Our cost estimate does not include costs for excavation of burn-ash containing below the water table, or removing soil below or beyond the ash-contaminated materials. 17. Shoring will not be required during excavation activities at the site. (- '1 W,IPROPOSAL19756000 12IPROP-AL. DOCI27.MAR-OO\SDG . .. URS Greiner Woodward Clyde AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") This Agreement between City of Chula Vista - Community Development Department, 276 Fourth Avenue, Chula Vista, California 91910, ("Client") and URS Greiner Woodward-Clyde International-Americas, Inc., a Nevada corporation, 1615 Murray Canyon Road, Suite 1000, San Diego, California 92108 ("URSGWCIA"), is effective as of March 27. 2000. The parties agree as follows: ARTICLE I. Work Orders, The Scope of Services ("Services"), the Time Schedule and the Charges are to be set forth in a written Work Order to this Agreement. The terms and conditions of this Agreement shall apply to each Work Order, except to the extent expressly modified by the Work Order. Where charges are "not to exceed" a specified sum, URSGWCIA shall notify Client before such sum is exceeded and shall not continue to provide the Services beyond such sum unless Client authorizes an increase in the sum. If a "not to exceed" sum is broken down into budgets for specific tasks, the task budget may be exceeded without Client authorization as long as the total sum is not exceeded. Changes in conditions, including, without limitation, changes in laws or regulations occurring after the budget is established or other circumstances beyond URSGWCIA's control shall be a basis for equitable adjustments in the budget and schedule. ARTICLE II - Payment. Unless otherwise stHted in an Work Order, payment shall be on a lump sum basis under the Schedule of Fees and Charges in effect when the Services are performed. Client shall pay undisputed portions of each progress invoice within thirty (30) days of the date of the invoice. If payment is not maintained on a thirty (30) day cuaent basis. URSGWCIA may suspend further performance until payments are current. Client shall notify URSGWCIA of any disputed amount within fifteen (IS) days from date of the invoice, give reasons for the objection, and promptly pay the undisputed amount. Client shall pay an additional charge of one and one-half percent (lY,%) per month or the maximum percentage allowed by law, whichever is the lesser, for any past due amount. In the event of a legal action for invoice amounts not paid. attorneys' fees, court costs, and other related expenses shall be paid to the prevailing party. ARTICLE III - Professional Responsibilitv. URSGWCIA is obligated to comply with applicable standards of professional care in the performance of the Services. Client recognizes that opinions relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where the data are obtained, despite the use of due professional care. ARTICLE IV - Responsibility for Others. URSGWCIA shall be responsible to Client for its Services and the services of its subcontractors. URSGWCIA shall not be responsible for the acts or omissions of other parties engaged by Client nor for their construction means, methods. techniques, sequences. or procedures, or their health and safety precautions and programs. ARTICLE V - Risk Allocation. The liability of URSGWCIA, its employees, agents and subcontractors (refeaed to collectively in this Article as "URSGWCIA"). for Client's claims of loss, injury, death, damage. or expense, including. withoullimitation, Client's claims of contribution and indemnification, express or implied, with respect to third party claims relating to services rendered or obligations imposed under this Agreement, including all Work Orders, shall not exceed in the aggregate: (I) The total sum of $250,000 for claims arising out of professional negligence, including eaors, omissions. or other professional acts, and including unintentional breach of contract; and any actual or potential environmental pollution or contamination, including. without limitation, any actual or threatened release of toxic, irritant. pollutant. or waste gases. liquids. or solid materials. or failure to detect or properly evaluate the presence of such substances, except to the extent such release, threatened release, or failure to Jetect or evaluate is caused by URSGWCIA's willful misconduct; or (2) rhe total sum of $1,000,000 for claims arising out of negligence. breach of contract. or other causes for which URSGWCIA has any legal liability, other than as limited by (I) above. ARTICLE VI - Consequential Dama2es. Neither Party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits, incuaed by one another or their subsidiaries or successors, regardless of whether such damages are caused by breach of contract, willful misconduct, negligent act or omission. or other wrongful act of either of them. ( 1- 0 WIPoooo"""'OOO'2Io',,.b-.docl'OI98 -1- - .. lJRS Greiner Woodward Clyde ARTICLE VII - Insurance. URSGWCIA agrees to maintain during the performance of the Services: (1) statutory Workers' Compensation coverage; (2) Employer's Liability; (3) General Liability; and (4) Automobile Liability insurance coverage each in the sum of $1,000,000. ARTICLE VIII - Client Responsibility. Client shall: (I) provide URSGWCIA. in writing. all information relating to Client's requirements for the project; (2) correctly identify to URSGWCIA, the location of subsurface structures, such as pipes, tanks, cables and utilities; (3) notify URSGWCIA of any potential hazardous substances or other health and safety hazard or condition known to Client existing on or near the project site; (4) give URSGWCIA prompt written notice of any suspected deficiency in the Services; and (5) with reasonable promptness, provide required approvals and decisions. In the event that URSGWCIA is requested by Client or is required by subpoena to produce documents or give testimony in any action or proceeding to which Client is a party and URSGWCIA is not a party, Client shall pay URSGWCIA for any time and expenses required in connection therewith, including reasonable attorney's fees. Client shall reimburse URSGWCIA for all taxes, duties and levies such as Sales, Use, Value Added Taxes, Deemed Profits Taxes. and other similar taxes which are added to or deducted from the value of URSGWCIA Services. For the purpose of this Article such taxes shall not include taxes imposed on URSGWCIA's net income, and employer or employee payroll taxes levied by any United States taxing authority, or the taxing authorities of the countries or any agency or subdivision thereof in which URSGWCIA's subsidiaries, affiliates, or divisions are permanently domiciled. It is agreed and understood that these net income, employer or employee payroll taxes are included in the unit prices or lump sum to be pajd URSGWCIA under the respective Work Order. ARTICLE IX - Force Maieure. URSGWCIA shall not be responsible for damages or delays in performance caused by force majeure, acts of God, or other events beyond its control. ARTICLE X - Right of Entry, Client grants to URSGWCIA, and, if the project site is not owned by Client, warrants that permission has been granted for. a right of entry from time to time by URSGWCIA. its employees, agents and subcontractors, upon the project site for the purpose of providing the Services. Client recognizes that the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the area being studied, despite the use of reasonable care. ARTICLE XI - Documents. Provided that URSGWCIA has been paid for the Services. Client shall have the right to use the documents, maps, photographs, drawings and specifications resulting from URSGWCIA's efforts on the project. Reuse of any such materials by Client on any extension of this project or any other project without URSGWCIA's written authorization shall be at Client's sole risk. URSGWCIA shall have the right to retain copies of all such materials. URSGWCIA retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services. ARTICLE XII - Termination. Client may terminate all or any portion of the Services for convenience, at its option, by sending a written Notice to URSGWCIA. Either party can terminate this Agreement or a Work Order for cause if the other corrunits a material, uncured breach of this Agreement or becomes insolvent. Termination for cause shall be effective twenty (20) days after receipt of a Notice of Termination, unless a later date is specified in the Notice. The Notice of Termination for cause shall contain specific reasons for termination and both parties shall cooperate in good faith to cure the causes for termination stated in the Notice. Termination shall not be effective if reasonable action to cure the breach has been taken before the effective date of the termination. Client shall pay URSGWCIA upon invoice for Services performed and charges incurred prior to termination, plus reasonable termination charges- In the event of termination for cause, the parties shall have their remedies at law as to any other rights and obligations between them, subject to the other terms and conditions of this Agreement. ARTICLE XIII - No Third Party Ri1!hts. This Agreement shall not create any rights or benefits to parties other than Client and URSGWClA. No third party shall have the right to rely on URSGWCIA opinions rendered in connection with the Services without URSGWCIA's written consent and the third party's agreement to be bound to the same conditions and limitations as Client. ARTICLE XIV - Assi1!nments. Neither party to this Agreement shall assign its duties and obligations hereunder without the prior writlen consent of the other party. 1- (/ W,\P""",,!\97S8000","ooo-b - ""'\10196 - 2 - . - lIRS Greiner Woodward Clyde ARTICLE xv - Hazardous Substances. All nonhazardous samples and by-products from sampling processes in connection with the Services shall be disposed of by URSGWCIA in accordance with applicable law; provided. however, that any and all such materials, including wastes, that cannot be introduced back into the environment under existing law without additional treatment, and all hazardous wastes, radioactive wastes, or hazardous substances ("Hazardous Substances") related to the Services. shall be packaged in accordance with the applicable law by URSGWCIA and turned over to Client for appropriate disposal. URSGWCIA shall not arTafige or otherwise dispose of Hazardous Substances under this Agreement. URSGWCIA, at Client's request, may assist Client in identifying appropriate alternatives for off-site treatment, storage or disposal of the Hazardous Substances, but URSGWCIA shall not make any independent detennination relating to the selection of a treatment, storage, or disposal facility nor subcontract such activities through transporters or others. Client shall sign all necessary manifests for the disposal of Hazardous Substances. If Client requires: (I) URSGWCIA's agents or employees to sign such manifests; or (2) URSGWCIA to hire, for Client, the Hazardous Substances transportation, treatment, or disposal contractor, then for these two purposes, URSGWCIA shall be considered to act as Client's agent so that URSGWCIA will not be considered to be a generator, transporter, or disposer of such substances or considered to be the arranger for disposal of Hazardous Substances. and Client shall indemnify URSGWCIA against any claim or loss resulting from such signing. ARTICLE XVI - Year 2000 Compliance. Client acknowledges that URSGWCIA, including its affiliates and subsidiaries, has no responsibility to independently verify that computers, computer chips, and/or software programs developed by others and used in the perfonnance of, or incorporated into the Services, are Year 2000 compliant. Where such independent verification is required it shall be perfonned by Client; if required by a written Work Order such verification may be performed by URSGWCIA. ARTICLE XVII - Venue. In the event of any dispute between the parties to this Agreement, the venue for the dispute resolution shall be any state or federal court in the United States having jurisdiction over the parties. If the project is located outside the United States, the laws of the State of Colorado shall govern. In such event any dispute under the Agreement not resolved amicably shall be resolved under the binding rules of the American Arbitration Association. ARTICLE XVIII - Integrated Writing and Enforceability. This Agreement constitutes the final and complete repository of the agreementS between Client and URSGWCIA relating to the Services and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written. Modifications of this Agreement shall not be blUding unless made in writing and signed by an Authorized Representative of each party. The provisions of this Agreement shall be enforced to the fullest extent pennitted by law. If any provision of this Agreement is found to be invalid or unenforceable, the provision shall be construed and applied in a way that comes as close as possible to expressing the intention of the parties with regard to the provisions and that saves the validity and enforceability of the provision. THE PARTIES ACKNOWLEDGE that there has been an opportunity to negotiate the tenns and conditions of this Agreement and agree to be bound accordingly. CLIENT URSGWCIA Signature Signature Michael W. Nienberg, Vice President Typed Nameffitle Typed Name!Title March 27. 2000 Date of Signature Date of Signature /- Id-- W\P,~~II975'OOO"\P.op-b-,doc ."" - 3. - R E P 0 R T REVISED WORKPLAN FOR THE EXCA V A TION AND PLACEMENT OF BURN-ASH-CONTAINING SOIL, 4705 OTA Y V ALLEY ROAD CHULA VISTA, CALIFORNIA ,- Preparedfor Mr. Benjamin Guerrero City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista. CA 91910 URSGWC Reference No. 975800012011 April 6,2000 URS Greiner Woodward Clyde 1615 Murray Canyon Road, Suite 1000 San Diego, CA 92108-4314 619-294-9400 Fax: 619-293-7920 1-13 - . - URS Greiner Woodward Clyde 1615 Murray Canyon Road,Suite 1000 SanOlego.CA92108 A Division of URS Corporation lei 619.294.9400 Fax 619293.7920 April 6. 2000 OffICes Worldwide Mr. Benjamin GueITero City of Chula Vista Community Development Department 276 Fourth Avenue Chllla Vista, CA 91910 Subject: Revised Workplan for Excavation and Placement 4705 Otay Valley Road Chula Vista. California URSGWC Reference No. 975800012011 Dear Mr. GueITero: URS Greiner Woodward-Clyde (URSGWC) is pleased to provide this revised work plan for excavation and placement of burn-ash-contaminated soil at the property located at 4705 Otay Valley Road in Chula Vista, California Property (Assessors Parcel Number 644-040-13). The Department of Toxic Substances Control (DTSC) has approved our request to classify and manage the burn-ash-containing soil (ash) at the site as California nonhazardous waste pursuant to the California Code of Regulations (CCR) §66260.200(f). This revised work plan has been reviewed by and incorporates the comments of Mr. Richard Gilb of San Diego County, Department of Environmental Health, Local Enforcement Agency (LEA) on our draft work plan dated August 19, 1997. In additlOn. the work plan was revised to reflect that the ash wil1 be used as foundation soils for the final cover at the Class I portion of the Otay Landfill. instead of disposal at the Class III portion of the landfill as indicated in previous versions of this work plan. It should be noted that placement of the ash in the Class I landfill is consistent with the "Final Closure and Postclosure Maintenance Plan, Otay Class I Landfill," dated March 24, 2000. Copies of this revised work plan have also been submitted to LEA, and the Regional Water Quality Control Board (RWQCB) for review and approval. prior to initiation of field activities. This revised work plan and our March 27, 2000 proposal assume that passenger vehicles parked on the parcel north of the stockpile will be moved prior to excavation activities. We assume that coordination of this issue and site access will be aITanged by the Cjty of Chula Vista. Please call us at (619) 294-9400 if you have any questions or need additional information. Very truly yours, CSL2J2 DEM/RSJ:lh Attachment /-/Ý W,\PROPOSAL '"75S000 '2IPROP.BL OOC\6.APR.OO\SDG . .. URS Greiner Woodward Clyde 1615 Murray Canyon Road, Suite 1000 San Diego. CA9210S A Division at URS Corporation Tel 619 294.9400 Fa<. 619293.7920 April 6, 2000 Offices Worldwide Mr. Mark Alpert San Diego Regional Water Quality Control Board 9771 Clairemont Mesa Boulevard San Diego, CA 92124-1324 Subject: Revised Workplan for Excavation and Placement 4705 Otay Valley Road Chula Vista, California URSGWC Reference No. 975800012011 Dear Mr. Alpert: At the request of the City of Chula Vista, Community Development Department (City) URS Greiner Woodward-Clyde (URSGWC) is pleased to provide the San Diego Regional Water Quality Control Board (RWQCB) this revised work plan for excavation and placement of bum-ash-contaminated soil (ash) at the property located at 4705 Otay Valley Road in Chula Vista, California Property (Assessors Parcel Number 644-040-13). The Department of Toxic Substances Control (DTSC) has approved our request to classify and manage the ash at the site as California nonhazardous waste pursuant to the California Code of Regulations (CCR) §66260.200(f). This revised work plan has been reviewed by and incorporates the comments of Mr. Richard Gilb of San Diego County, Department of Environmental Health. Local Enforcement Agency (LEA) on our draft work plan dated August 19, 1997. In addition, the work plan was revised to reflect that the ash will be used as foundation soils for the final cover at the Class I portion of the Otay Landfill, instead of disposal at the Class III portion of the landfill as indicated in the previous version of the work plan reviewed by Mr. Gilb. It should be noted that placement of the ash in the Class I landfill is consistent with the "Final Closure and Postclosure Maintenance Plan, Otay Class I Landfill," dated March 24, 2000. The LEA has requested that the RWQCB review the attached work plan prior to initiating our field activities. We would appreciate your review and approval of this work prior to initiating our field activities. If you have any questions regarding the attached work plan, please call us at (619) 294-9400. Your written approval of the work plan is respectfully requested. Very truly yours, ~:fy ~ c;;~ David E. Marx Ronald S. Johnson, P.E. Manager, Environmental Services Senior Project Engineer DEM/RSJ:lh Attachment I-I:;;; w, IP RO PO SAL\9 7 58000 12\PRO p. OL. DOCI6- APR. OOIS DG - - URS Breiner Woodward Clyde 1615 Murray Canyon Road. Suite 1000 San Diego. CA 921 08 A Division at URS Corporation Tel619 294.9400 Fax: 619.2937920 April 6, 2000 Dttices Woridwlde Ms. Michelle Stress County of San Diego Department of Environmental Health Local Enforcement Agency P.O. Box 85261 San Diego, CA 92186-5261 Subject: Revised Workplan for Excavation and Placement 4705 Otay Valley Road Chula Vista, California URSGWC Reference No. 975800012011 Dear Ms. Stress: At the request of the City of Chula Vista. Community Development Department (City) URS Greiner Woodward-Clyde (URSGWC) is pleased to provide the County of San Diego, Department of Environmental Health. Local Enforcement Agency (LEA) this revised work plan for excavation and placement of burn-ash-contaminated soil at the property located at 4705 Otay Valley Road in Chula Vista. California Property (Assessors Parcel Number 644-040-13). The Department of Toxic Substances Control (DTSC) has approved our request to classify and manage the burn-ash-containing soil (ash) at the site as California nonhazardous waste pursuant to the California Code of Regulations (CCR) §66260.200(f). This revised work plan has been reviewed by and incorporates the comments of Mr. Richard Gilb of the LEA on our draft work plan dated August 19, 1997. In addition, the work plan was revised to reflect that the ash will be used as foundation soils for the final cover at the Class I portion of the Otay Landfill, instead of disposal at the Class ill portion of the landfill as indicated in the previous version of the work plan reviewed by Mr. Gilb. It should be noted that placement of the ash in the Class I landfill is consistent with the "Final Closure and Postclosure Maintenance Plan, Otay Class I Landfill," dated March 24, 2000. A copy of this work plan has also been submitted to the San Diego Regional Water Quality Control Board for review and approval. We would appreciate your review and approval of this work prior to initiating our field activities. If you have any questions regarding the attached work plan, please call us at (619) 294-9400. Your written approval of the attached work plan is respectfully requested. Very truly yours, ~ WOODWARD CLYDE ~~ O"ld E. M=~ Ronald S. Johnson, P.E. Manager, Environmental Services Senior Project Engineer DEM/RSJ:lh Attachment cc: Mohamad Fakhrriddine, County of San Diego 1- I ro WIPROPOSAl \9758000\ 2\PROP-C' OOC\6-APR-OOISOG - .. TABLE OF CONTENTS Section 1 Site Description..............................................................................................................1-1 Section 2 Background ......................................................................................................,.............2-1 2.1 Description of Bum-Ash-Containing Soil.................................. .......2-1 2.2 Site Investigation Summary....................................................... ..... ..2-] 2.2.1 Excavation of Bum-Ash-Containing Soil........... ........ ..2-2 2.2.2 Characterization of Stockpiled Soil.. ............................. ..2-2 Section 3 Scope of Work........................,......,................................................................................3-1 3.1 Project Coordination ..................................................... ......... ..3-] 3.2 Loading of Existing Stockpile and Excavation of Bum-Ash-Containing Soil............................................................ .........3-1 3.3 Truck Cleaning ...........:.............................................................................3-2 3.4 Transportation Route.................................................................... .........3-2 3.5 Placement of Bum-Ash-Containing Soil................................................. 3-2 3.6 Confinnation Soil Sampling....................... .......................... .3-3 3.7 Backfilling of Excavation.... .................. ........ ..... ........... .......3-3 3.8 Report..................... ........................................ ............................. .......3-4 Des Greiner WoodWard Clyde W.\PROPOSAL\9758000'2\PROP-BR DOC\6-ApcOQ\SDG i (-/7 - .. List of Figures and Appendices Figures Figure I Vicinity Map Figure 2 Site Plan Figure 3 Boring, Well and Test Pit Location Map Appendices Appendix A Copies of DTSC and RWQCB Letters Appendix B Community Health and Safety Plan Appendix C Copies of TorStan, Inc. Figures vas Greiner Woodward ClYde w. IPROPO$AlI9758ooo121PROP-6R. DOCI6- Ap, .001$00 II (- Ie¿ - - SECTIONO NE Introduction The subject property is located at 4705 Otay Valley Road in Chula Vista. California. approximately 'I. mile east of Interstate Highway 805 (1-805, Figure I). The subject property encompasses approximately 18 acres south of Otay Valley Road and north of the Otay River (Figure I). The Shinohara family has owned the property since the mid-1940s, and property usage was agricultural until 1990. Adjacent property usage includes a retail auto sales park, light industrial and warehousing, undeveloped land and a Pacific Bell facility and storage yard. Residential housing is present approximately 400 feet to the north of the site across Otay Valley Road. In the I 970s, the property to the south of the site was formerly a sand and gravel pit operated by Nelson and Sloan. A draft version of this work plan (dated August 19, 1997) was submitted to the County of San Diego, Department of Environmental Health (DEH) for review and comment. Based on review of the workplan by Mr. Richard Gilb of the DEH, a revised work plan that incorporated Mr. Gilb's comments was issued on September 22, 1997. This current version of the work plan has been updated to reflect minor changes to project details. uas Greiner Woodward Clyde w -PROPOSA1I975800O>"PROPBR DOC\6.Ap,OOISDG I-I (-Ie¡ - .. SECTIONTWO Background 2.1 DESCRIPTION OF THE BURN.ASH-CONTAINING SOIL The burn-ash-containing soil was transported to the site as fill material in the late 19705. Fill material was accepted at the site by the property owner to expand the acreage available for agricultural use. Although the source of the fill material was not documented at the time of placement on the property, it is known that burn-ash-containing soil was removed from the South Bay Municipal Refuse Site (an old burn dump formerly located at the intersection of Palm Avenue and I-80S) in 1978 and used in the vicinity at various construction sites as artificial fill (Woodward-Clyde, 1990). Due to the timing of the filling at the property, recollections of the hauler for the burn dump and the close proximity of the former South Bay Municipal Refuse Site, it is likely that the burn-ash-containing materials present on the property came from this refuse site. 2.2 SITE INVESTIGATION SUMMARY In 1990 a geotechnical investigation was conducted on the site by Robert Prater Associates (RPA) related to plans to develop the property as an automobile dealership. During this geotechnical investigation, suspected contaminated soils were observed by RPA. In October 1992, a limited subsurface investigation was conducted by TorStan, Inc. (TorStan) that included the excavation of test pits and soil borings in the vicinity of a boring previously advanced by RPA. During excavation activities, TorStan identified glass shards and fused glass in the subsurface, suggesting that the fill materials contained burn-ash-containing soil. Based on visual observations made during the test pit and boring excavations, TorStan estimated the approximate extent of burn-ash-containing soil shown on Figure 3. Soil samples collected from test pits during TorStan's investigation in September/October 1992 revealed the presence of lead at concentrations exceeding the Total Threshold Level Concentration (TTLC) of 1.000 mglkg. Due to the presence of lead in the test pits at concentrations exceeding the TTLC regulatory level, TorStan advanced seven soil borings (Borings I through 7) to evaluate the extent of the burn-ash-containing materials. The approximate locations of the borings and test pits are shown on Figure 3. Materials encountered during drilling included wood. concrete rubble, brick and metal. Laboratory results indicated that some samples analyzed from each of the borings contained lead at concentrations that exceeded the TTLC regulatory level of 1000 mg/kg. Deta!ls of TorStan's investigation are included in their report titled "Limited Subsurface Assessment Report for the Shinohara Property," dated October 1992. In January 1993. TorStan installed three groundwater monitoring wells to evaluate the possible impact of burn-ash-containing materials on groundwater quality (Figure 3). Groundwater sample analytical results indicated that the burn-ash-containing material did not appear to have impacted groundwater. Lead. copper and cadmium were not detected in groundwater sampled from the monitoring wells. No VOCs were detected in groundwater except trace amounts of toluene. Toluene was present in wells MW-2 and -3 at concentrations of 5 and 3 flg/I, respectively, well below the maximum contaminant level (MCL) of 100 mg/l for drinking water. No organochlorine pesticides or PCBs were detected in the groundwater samples analyzed. OilS Greiner Woodward ClYde WIP RapaSAL 19<58000' 2IPROP. BR. DOC\6.A" .00ISDG 2-1 /-;)-0 - - SECTIONTWO Background 2.2.1 Excavation of Burn-Ash-Containing Soil The eastern portion of the site soils, including burn-ash-containing soil was excavated and stockpiled onsite in April 1994 in order to allow the development of the eastern side of the site as a new automobile retail sales park. The excavation depth of the burn-ash-containing soil was evaluated visually during excavation. After the burn-ash-containing soil was excavated, verification samples were collected from the excavation area and analyzed for TTLC lead. The excavation and sampling reports were reviewed by DEH and the Regional Water Quality Control Board (RWQCB). Based on the soil post-excavation sample results, these agencies indicated that no further remedial action was necessary in the area excavated. Approximately 19,000 cubic yards of burn-ash-containing soil was excavated from the east side of the site and placed on top of the suspected burn-ash-containing soil on the western part of the site (Stockpile No.3). It is estimated that at least 15,000 cubic yards of burn-ash-containing soil remains in place beneath Stockpile No.3. TorStan noted that the southern portion of the excavation was excavated to groundwater and that the burn-ash-containing soil was in contact with groundwater in this area. 2.2.2 Characterization of Stockpiled Soil Stockpile sampling of Stockpile No.3 was conducted in accordance with EPA SW-846 by TorStan in April 1994 to classify the burn-ash-containing soil. The samples were analyzed by a variety of methods in order to characterize the materials in accordance with CCR Title 22 and 40 CFR 261 Subpart C. Additional soil samples were collected from Stockpile No.3 by Woodward-Clyde in August 1995 in order to conduct additional analytical procedures developed by the Department of Toxic Substances Control (DTSC) to evaluate possible mitigating physical and chemical characteristics that the burn-ash-containing soil might possess. Based on the extensive analytical testing and statistical calculations outlined in our report titled "Request for Nonhazardous Waste Classification, Burn-Ash-Containing Soil, Shinohara Property, Chuta Vista. California," dated December 6, 1994, Woodward-Clyde concluded that burn-ash-containing soil at the Shinohara property has mitigating physical/chemical characteristics which render it insignificant as a hazard to human health and safety, livestock and wildlife. Based on their review of the available data for this project, the DTSC concurred and authori7ed the disposal of the burn-ash-containing soil at the site as non-hazardous waste at the Gtay Landfill in Chula Vista. California. Copies of the DTSC letters dated December 10,1986 and January 21. 1997, are included in Appendix A. uas Sreiner WoodWard ClYde w .IPROPOSAL \9mooo \ 2\PROp. BR DDCI6. Ap,.oo<SDG 2-2 / -d-! - - SECTIONTHREE Scope of Work The scope of work provides an outline of the proposed excavation. placement and sampling activities to be conducted at the subject property. The objective of the project discussed herein includes the following: . Loading and hauling of approximately 19,000 CY of stockpiled burn-ash-containing soil from the site: . Excavating and hauling of approximately] 5,000 CY of subsurface burn-ash-containing soil from the site: . Placement of approximately 34,00 CY of burn-ash containing soil to be used as foundation soils for the final cover at the Otay Class I Landfill; . Collecting and analyzing confirmation soil samples from the final excavation cavity. . Backfilling the excavation with imported material. 3.1 PROJECT COORDINATION URS Greiner Woodward Clyde (URSGWC) will coordinate with regulatory agencies to address any requested modifications to this work plan. However, since the work plan has already been reviewed by the LEA, modifications are not anticipated. Pending approval of this work plan, URSGWC will coordinate and schedule subcontractor personnel, and arrange for appropriate site security. Prior to the initiation of field activities, URSGWC will prepare a site-specific health and safety plan for use by on site field and subcontractor personnel. All necessary permits to complete the project will be obtained by the City, URSGWC or our subcontractors. The site will be surrounded by temporary construction fencing with locking gates during field activities. Additional site security measures are addressed in our Community Health and Safety Plan, which is included as Appendix B. 3.2 LOADING OF EXISTING STOCKPILE AND EXCAVATION OF BURN-ASH- CONTAINING SOIL The approximately 19,000 CY stockpile will be loaded using a front-end loader into bottom- dump trucks for transport to the Class I Otay Landfill. The estimated 15.000 CY of soil beneath the current location of the stockpile will be excavated using a dozer, front-end loader and a backhoe. Loading of the stockpiled and excavated soil will be conducted in such a manner as to minimize fugitive dust emissions. A water truck will be onsite to continually moisten the soil being loaded into the trucks, and to moisten access roads leading into and out of the loading area. In addition, a water truck will be onsite at the landfill to moisten the soil being unloaded. Water will be applied to sufficiently reduce the potential for dust emissions, but will not be applied to the point that saturation, ponding or runoff occurs. Subsequent to loading, each truck will be mistcd with water and properly covered with a tarp prior to leaving the site to minimize dust emissions during transport to the landfill. Based on our excavation contractor's estimates, we believe that the existing 19.000 CY stockpile will be removed in approximately II working days using 12 bottom-dump trucks. Excavation of Bas SIeiDel Woodwald Clyde W\PROPOSAL\9758000\"PROP.BR DOCI6~Ap'.OO\SDG 3-1 ! -J- ~ - - SECTIONTHREE Scope of Work the 15,000 CY of burn-ash-containing soil should be completed in 10 work days using 28 bottom dump trucks. 3.3 TRUCK CLEANING Prior to transporting bun-ash-containing soil offsite for placement, loaded trucks will be decontaminated. The truck decontamination area will be positioned near the site exit and will consist of an area approximately 50 feet long and 15 feet wide, lined with 6- to 8- inches of gr;.vel. To control dust ,~missions during decontamination, a wind-screen will be constructed along the east side of the decontamination area to a height at least 3 feet above the height of the trucks. Subsequent to loading. trucks will advance into the dry truck decontamination area, where loose burn-ash-containing soil and debris will be manually brushed from the truck and trailer exteriors and tires. Workers conducting truck decontamination will wear TyvekTM coveralls and gloves to minimize dermal contact, and if necessary, respirators to minimize dust inhalation. At the completion of the project the truck decontamination station will be removed from the site by excavating the gravel, and the six inches of potentially impacted soil directly below the gravel. These materials will be hauled and placed with the burn-ash-containing soil and debris at the Otay Landfill. 3.4 TRANSPORTATION ROUTE Trucks transporting burn-ash-containing soil from the site will exit the site and proceed east on Auto Park Drive to Brandywine Avenue, north on Brandywine Avenue to Otay Valley Road and east on Otay Valley Road to Maxwell Road. The trucks will then proceed north on Maxwell Road to the Otay Landfill located at 1700 Maxwell Road. In the event of a release (accidental spill of soil) between the site and the landfill. the truck operator will. as soon as possible, notify (by two-way radio or cellular telephone) the onsite URSGWC representative. URSGWC will notify the appropriate regulatory agencies, and take immediate measures to mitigate the spilled soil. 3.5 PLACEMENT OF BURN-ASH-CONTAINING SOIL The approximately 34.000 CY of stockpiled and subsurface burn-ash-containing soil will be used as foundation soils for the final cover at the Otay Class I Landfill located approximately one mile northeast of the site. The RWQCB's letter dated February 14, 1997 (included in Appendix A) approved disposal of the bum-ash-containing soil from the Shinohara property in the monofill at the Otay Annex Landfill. We believe that the use of the burn-ash contaminated soil as foundation to the final cover at the Class I Landfill is consistent with the RWQCB's approval and we are requesting confimlation of this use from the RWQCB. Based on our excavation contractor's estimates, it is anticipated that removal of the stockpile and excavation of bum-ash-containing material will take approximately 21 work days (approximately 1,800 CY of burn-ash-containing material per day). Bum-ash-containing soil will be placed at the burn-ash monofill in 6- to lO-inch lifts and muistened to achieve proper compaction. During l"lloading at the landfill, wat~r will be applied to control dust emissions. At the conclusion of placement, burn-ash-containing material uas Greiner Woodward Clyde W'PROPOSAL '9758000, 2\PROP 8 R. OOC\6. A" .DC'SOG 3-2 1- d-3 ~ '- SECTIONTHREE Scope of Work from the Shinohara property will be covered/capped with at least two feet of 10w-pel1Tleability soil and compacted to 90'70 of optimum compaction to minimize surface infiltration and erosion. Landfill and contractor personnel moving (if not working on equipment inside an environmentally controlled cab) the bum-ash-containing soil will wear TyvekTM coveralls and gloves to minimize del1Tlal contact. and if necessary, respirators to minimize dust inhalation. Additional personal protective equipment requirements are outlined in our site-specific health and safety plan. 3.6 CONFIRMATION SOil SAMPLING Based on the extensive suite of laboratory analyses conducted on soil samples collected during previous subsurface investigations and stockpile characterization, it is reasonable to assume that the approximately 15,000 CY of soil to be excavated beneath the existing 19,000 CY stockpile at the site is similar in origin, composition and is likely to have similar contaminant constituents and concentrations. Therefore. all soil excavated from the site will be assumed to be burn-ash- containing, and no additional analytical laboratory analyses will be perfol1Tled. Based on the Cal-EPA Preliminary Residential Use Goal (PRG), soil will be excavated from the site until laboratory results indicate in-situ TTLC lead ~oncentrations are less than 130 mgfkg. Based on the results of previous investigations to evaluate the extent of burn-ash-containing soil at the site (See Torstan Figures in Appendix C), it is anticipated that the excavation may be up to 250 feet long, 100 feet wide and 25 feet deep. Excavation shoring is not anticipated. Subsequent to the removal of the presumed limits of burn-ash-containing soil. confirmation soil sampling will be conducted within the final excavation cavity as follows: . At least 40 soil samples will be collected from the side walls at random locations and depths to confil1Tl that in-situ total lead concentrations are less than 130 mgfkg. . At leas! 15 soil samples will be collected from the final excavation floor at random locations to confirm that in-situ total lead concentrations are less than 130 mgfkg. We will apply the Students T-Test statistical analysis as outlined in EPA SW-846 and the County of San Diego SNM Manual to confirm that an adequate number of samples are collected and that the upper 80 percent confidence interval for materials remaining onsite does not exceed 130 mgfkg. Previous laboratory results suggest that lead is the primary contaminant indicator because of its predominance in burn-ash-containing soil. Therefpre, each confirmation sample will be analyzed for total lead by EP A Method 6010. Confirmation sampling will be conducted concurrently with excavation to minimize production delays. If laboratory results indicate samples contain TTLC lead concentrations exceeding 130 mgfkg, additional excavation will be conducted in the vicinity of those samples until in-situ concentrations are less than 130 mgfkg. 3.7 BACKFilLING OF EXCAVATION Subsequent to receiving analytical laboratory results for the final confirmation sampling, the excavation will be backfilled with clean, select fill materi:ll from the Gray landfill and compacted. Temporary construction fencing will remain around the site until backfilling operations are completed. VRS Greiner Woodward Clyde W'PROPOSAL \9758000' 2'PROp. BA DOC\6 A".OO'SDG 3-3 /-;J-ý - - SECTIONTHREE Scope of Work 3.8 REPORT Subsequent to the completion of sampling and receipt of confirmation sampling analytical results, URSGWC will prepare a draft report for regulatory review. The draft report will be prepared within four weeks of completion of field activities. Upon receipt of comments from regulatory reviewers, URSGWC will incorporate their comments into a final report. uas Greiner WoodWard ClYde W\PROPOSAl\97580QO,2\PROPBR DOC\6~Ap,~OO\SDG 3-4 / - 2C:;; - - -p ~' ~ 1---, Ú ¡¡;~. -- § / , ". ~ - - ~ ~ ---- a:: 0 -" ..... :2 a.. a.. <) -< 0 0> ~ g: ö ~ ~ ~ :z -< 0 <>::J: ä :> 0 a:: :z a. :ï: V'):; iñ c UJ "" 0 UJ :r: 0 / -.}-~ 0 ,- RESIDENTIAL ~ :u LIGHT INDUSTRY LIGHT INDUSTRY 6 Ç) WAREHOUSING WAREHOUSING '" OJ :u '" z TANBARK ST. ~ ;g ~ ,- c RESIDENTIAL '" OTAY VALLEY ROAD ~~ I "... \>-\)\ I "- PACIFIC BELL I » . I EGRESS I I ~ APPROXIIotATE I I I ,- SITE BOUNDARY N I ~ G ~ PREVAILING I R CHULA VISTA ~ þ- I E I AUTO PARK WIND DIRECTION I ~ II 1 I Q I I :2 ~ VI DOWNWIND DUST i I MONITORING I STATION UPWIND DUST I MONITORING STATION OTAY RNER ~/ ! :, ~'~K ,,~ Œ ~~--.."' ~ ~ MATERiAl TO BE EXCAVATED 0 200 400 ~ APPROXIMATE UMrTS OF BURN-ASH-CONTAINING I Ið222\Qj SOIL EXCAVATED FROM PARCEL :5 BY TORSTAN. INC. IN 1993 APPROXIMATE GRAPHIC SCAlf (FEET) SITE PLAN SHINOHARA PROPERTY PROJECT NO: 9353O72D-6000 DATE: 9-10-97 FlGURE NO: 2 1- J-. 7 WOODWARD-CLYDE :!~ ~ I ~ --C:'! z r--7 1'= n ~ : 1 BI z ~ N ~ W < - ~ ~ ~ ~ g § g - 0 s ~ Ð ~ - ~ 0 I ~ ~ I a> ~ ~ (L. ~ I 0 §¡! §È:!' < ð '" f- '" õ2. - >- :::E ~ ¡¡:~ g~ ~~ :z '" if; '" --' - ¡¡:¡::> o 8 w;:: ¡;!:J5~:¡:::o:¡: ¡:: ~ d!5 I ",g",ti",'" ~ ¿, 0>-9 1'= 0 u 0 ~ 0 ~ ° ~ N "'~"- Z 0 Z f- Z Ú -' a::: b ~OÕ g ~ g iD g:;; I-:r :;¡ ~~z g ~ g ~ g ~ ã: ~ :;¡ ~z~~ --' --'O>--'~ I-(L.-- 0 - - en en 0 n8gV\ I'!:¡:I'!",I'!::Š ~<z ;! :b~w 0 ~ ti ~ ~ ~ ~ CI ~ ~ +:::¡;!2':\: - x::Šx.-x", :z:J:-:> I!J:! I 0:: ~.-~u~C> <°0 ~>-n 1'= ~ :t¡¡;:t°o.~ ~[ ffig~ B ã=' «C>«:;;~:<! :::J~ "'t>~ >- ~ ~ ~ § ~ ~ ~ ¿, ow8 ¡:: « > -«:z: -« - >- >-~ti 0 ó! -« ó! ~ ó!::! <.5 II> z!:J C> ~ C> C> c> w a ~",o.'f ~ w ~ -« :;; ~ ~ ":i w¡!:~ '" ë g fi! ~'j;~ i5 <II is ~õ1i! 8 B . + x~ -' :::¡; ~g~ 1 ~ ~¿.~ 'ì '" ~ 1'= . z B ~ B a <0 I a 1'= ~ n ~ ~ .d, ~ ... ~ p ž - j~ "- n ~ 8~~~ I ...:::¡; i- c ~~ '" ~ Jo~- . .s¡¡:õ" D ~H~ õ!ø~õ-¡ 11 a N~ N ~f-EiJ d, ~~"IE . E ~iBi ... <1. ~~'S ~ .... n N I ~ g:;; °:-' I I I I "'.1 ~'gd;ï 1'=1'=1'=1'= 1'= ó¡¡;"'h B BBB B ~H,j] 11. "-Ë ~'¡l'ií¡¡:p ~~H5:.§ 1- ;¿? APPENDIXA CopIes of DISC and RWQCB Letters vas Greiner Woodward ClYde WIPRQPOSAL 19758000' 2\PROP. BR. DOC\6.Ap,.OOlSDG / - J-1 - . - . -. -" ~~.. ~..," "" vv.. vv, ~ Amended December 10, 1996 ~t CallEPA ~~pal1m£nt of P~t~ Wilson Toxic Substanc~s Mr. David E. Marx Gw~rnor ConJrol Woodward-Clyde Consultants James M Strock tOO P Str~~t, Sunroad Plaza 3, Suite 1000 Secretary for 4th Floor 1615 Murray Canyon Road Enviro, unentai P.O. Box 806 San Diego, California 92108 Pr ,tection 'iacramento. CA ~58LZ-O806 Re: Request for reclassification of burn ash contaminated soil as nonhazardous pursuant to section 66260.200(f), Title 22, California Code of Regulations (22 CCR) - Waste Evaluation Unit File #F-157 (WEU File #F-157) Dear Mr. Marx: The Human and Ecological Risk Division, Department of Toxic Substances Control (DTSC) has completed its review of the petition you submitted to the Department on behalf of the Shinohara family to reclassify soil contaminated with burn ash as nonhazardous pursuant to 22 CCR section 66260.200 (f). Based on the review of all the analytical data and information submitted, the DTSC finds that the ash-contaminated soil possesses mitigating physical and chemical characteristics which render it insignificant as a hazard to human health and safety, livestock, and wildlife. The DTSC, therefore, classifies the contaminated soil as nonhazardous. Background Soil used as fill on the Shinohara property was found to be contaminated with burn ash. Approximately 19,000 cubic yards of the contaminated soil was excavated and stockpiled on the balance of the contaminated soil, estimated to comprise at 1east an additional 15,000 cubic yards. The property owner proposes to remove the 34,000 cubic yards of contaminated soil and use it as daily cover at the Otay landfill. Our original reclassification applied to only the 19,000 cubic yards that was excavated and stockpiled. However, upon receipt of information indicating that the other 15,000 cubic yards is similar in source and composition, DTSC is extending the reclassification to include the entire 34,000 cubic yards. ., . . WI' /-~ "._~"""'"'-' - - ~Vvv,vv. Mr. David E. Marx December 10, 1996 (Amended) Page 2 Analytical Testing Based on analysis of twenty samples, the burn-ash-contaminated soil exhibits the characteristic of toxicity by virtue of the presence of an extractable lead concentration (at the 80 % upper confidence limit [UCL]) of 64.4 mg/l as measured by the Waste Extraction Test (WET). The 80% UCL on the WET-extractable copper concentration was 26.6 mg/l, using untransformed data. Square root or log transformations performed by Woodward-Clyde Consultants reduced the 80% UCL to below the regulatory limit of 25'mg/l. However, the DTSC is not convinced that these transformations are justified because the fit of a normal distribution to the data cannot be rejected at the 0.05 level using the Lilliefors test. Four of the twenty samples were analyzed for total and TCLP-extractable concentrations of the entire suite of Title 22 inorganics, volatile and semivolatile organic compounds, organochlorines, dioxins and PCBs. asbestos, cyanide and phenolSr and for the characteristics of corrosivity and ignitability. An aquatic bioassay was also conducted on selected samples. Based upon the results of these analyses, the DTSC concurs with the applicant that the burn ash contamined soil does not exhibit a characteristic of a RCRA hazardous waste, and does not exhibit any characteristic of a non-RCRA hazardous waste except the characteristic of toxicity due to the presence of WET-extractable concentrations of lead and (marginally) copper above the 22 CCR regulatory thresholds, respectively. as previously noted. Mitigating properties Five more recent samples from the stockpile were analyzed by testing procedures developed by DTSC to measure solubility in fresh and sea water, and adsorption of extracted constituents by a sand column. The results of the fresh water and sea water solubility were below the thresholds of 80 and 140 micrograms per liter (ug/l) set by the DTSC to assess the potential of the inorganic constituent of concern to be mobilized in the freshwater and marine environments, respectively. The lead concentration in the WET extract after it was passed through a sand column /-3/ . .. ~ Me David E. Marx December 10, 1996 (Amended) Page 3 was 48 mg/l, which exceeded the federal action level for lead in drinking by more than 100-fold. Thus this test did not demonstrate significant adsorption of an acid extract of the waste by sand. The latter testing procedure is considered to be by the DTSC to be a worst-case assessment, and previous experience indicates that sand is only minimally effective in adsorbing WET leachates. The Department has advised but not required the conduct of these three tests to provide evidence of mitigating characteristics. Unpublished studies conducted by the DTSC comparing extraction of lead and"copper from burn ash by landfill leachates with extraction by the TCLP and WET procedures indicate that the mobility of lead and copper in burn ash under the conditions simulated by the tes~ is less than 1/15 of that predicted by the WET. These results suggest that the extractable concentrations of lead and copper found in the waste would not threaten public health or the environment. Monitoring of ground water from the aquifer underlying the unexcavated and the stockpiled burn ash contaminated soil waste has shown no detectable lead or copper. Although the in situ waste has not been subject to the harsher conditions simulated by the laboratory tests, this finding tends to corroborate the laboratory results. Conclusion The DTSC finds that although the burn-ash-contaminated soil is classified as hazardous based on its concentration of WET-extractable lead and marginally based on its concentration of WET-extractable copper, it possesses mitigating physical/chemical properties which render it insignificant as a hazard to human health and safety, livestock and wildlife. Therefore, the DTSC reclassifies the burn-ash-contaminated soil at the Shinohara Property as nonhazardous pursuant to 22 CCR section 66260.200(fJ. This nonhazardous reclassification is limited to the total amount of stockpiled burn ash-contaminated soil and burn ash-contaminated soil underlying the pile (estimated to be 34,000 cubic yards in total). It is contingent on the accuracy and representativeness of the information and analytical data submitted to the DTSC for review. This nonhazardous reclassification is not to be construed as an / - 3d- . .. "" " ." "-" -""" Mr. David E. Marx December 10, 1996 (Amended) Page 4 approval by the DTSC to leave the contaminated soils in place nor for any other uses. Furthermore, the classification of wastes should not be confused with the establishment of clean-up levels for contaminated soils. Waste classification determines only whether a waste must be managed as a hazardous waste in accordance with Chapter 6.5, Division 20 of the California Health and Safety Code. Should the characteristics of the burn-ash-contaminated soils change or found to be different to the extent that the supporting information and analytical data submitted to the DTSC no longer support this nonhazardous reclassification, the soils will be required to be managed as hazardous waste in accordance with all "provisions of Chapter 4.5, 22 CCR. Irrespective of the classification decision by the DTSC outlined in this letter, the management and disposal of this burn ash contaminated soil waste is subject to the requirements of the respective Regional Water Quality Control Board and other federal, state, or local agencies who have regulatory jurisdiction in this matter. Should you have any questions regarding this classification letter, you may contact me at the above letterhead address or (916) 327-2506. Sincerely, ames C. Carlisle, DVM, MSc. Senior Toxicologist Multimedia Section Buman and Ecological Risk Division cc: Robert Stephens, Ph.D., Deputy Director Science, Pollution Prevention and Technology Program Department of Toxic Substances ~ontrol P. O. Box 806 Sacramento, California 95812-0806 /-33 - - = "Vv ,,'" Mr. David E. Marx December 10, 1996 (Amended) Page 5 Jeffrey J. Wong, Ph.D., Chief Human and Ecological Risk Division Department of Toxic Sucstances Control P. O. Box 806 Sacramento, California 95812-0806 Mr. Ronald Pilorin Human and Ecological Risk Division Department of Toxic Substances Control P. O. Box 806 Sacramento, California 95812-0806 Mr. John Low Human and Ecological Risk Division Department of Toxic Substances Control P. O. Box 806 Sacramento, California 95812-0806 Mr. Larry Matz, Chief Statewide Compliance Division Hazardous Waste Management Program Department of Toxic Substances Control P. O. Box 806 Sacramento, California 95B12-0806 Ms. Paula Rasmussen, Chief Statewide Regulatory Program Division Hazardous Waste Management Program Department of Toxic Substances Control P. O. Box 806 Sacramento, California 95812-0806 Mr. Donald Johnson, Chief State Regulatory Branch Hazardous Waste Management Program Department of Toxic Substances Control P. O. Box 806 Sacramento, California 95812-0806 Mr. John Hinton Regional Coordinator- South Southern California Region Long Beach Office 245 West Broadway, Suite 425 Long Beach, California 90802 /-3t/ - .., Mr. David E. Marx December 10, 1996 (Amended) Page 6 Mr. Gary R. Stephany, Director San Diego County Environmental Health Services P. O. Box 85261 San Diego, California 92138-5261 Mr. Arthur L. Coe, Executive Officer Regional Water Quality Control Board San Diego Region 9771 Clairemont Mesa Boulevard, Suite B San Diego, California 92124 /-3S' - - 0 CallEPA January 21, 1997 Pet< Wilson Go~rno' LD Diego Regional Water Mr. Joseph S. Minner, Director Ouality Control Solid Waste Services lard Department of Public Works - - 9771 CI~ Mesa County of San Diego O';'d.,Su;"'A 5555 Overland Ave. ,O;ogo. CA 92114 San Diego, Calif 92 123 9) 467.2952 FAX (619) 571-6972 Dear Mr. Minner: Subject: Disposal of Wastewater Treatment Byproducts and Bum Ash at Otay Annex Landfill, San Diego County Regional Water Quality Control Board (RWQCB) staff have received two requests for the disposal of nontraditional wastes at the Otay Annex Landfill ITom the Department of Public Works, San Diego County. These requests included authorization for: 1) annual disposal of wastewater treatment byproducts generated at the Encina treatment plant, including 23,000 tons of sludge and 600 tons of grit and bar screen waste per year; and 2) a one time disposal of35,000 cubic yards of bum-ash contaminated soils ITom the Shinohara property, located at 4705 Otay Valley Road, in the City ofChula Vista. The Otay Annex landfill is rtgulated under RWQCB Ord". No. 90-09, Waste Dischalge Requirements for the County of San Diego, Otay Annex Landfill. This request will be presented to the Regional Board at its February 13, 1997 meeting. The February 13, 1997 meeting is open to public participation and will begin at 9:00 a.m. in the District Board Room of the San Diego Area Wastewater Management office, 600 B Street, 3rd floor, San Diego, California. Regional Board staff has determined, pursuant to CCR Title 23, Division 3, Chapter IS, Section 2522 (a)(I), that "designated waste" is the appropriate classification of the wastewater treatment byproducts and bum-ash material. This classification is based upon available information, that the waste strear1}s could contain soluble pollutants that are greater than applicable water quality objectives. Staff has further determined that pursuant to Chapter 15, Section 2520 (a)(I), sufficient information has been submitted regarding the nature of the wastes and the management practices at the landfill to demonstrate the disposal of these wastes present a lower risk of water quality degradation than indicated by classification. Staff will recommend the approval of these wastes to the Otay Annex landfill. Pc:ycled Pap" au, ,"",<on "10 pmen>e and enhance Ihe <¡ualily afCaliforn,a', wal" moure",. and en=re Ihe', p,ope' a/locahan and efficienl "" fo, the benefit of p""nt and jùture genuahon,. #r1 -J I-:Lfo . - Mr. Joseph S. Minner -2- January21,1997 If you have any questions or comments, please call Mr. Brian McDaniel, staff of the Land Management Unit. at (619) 627-3927. - . Sincerely, ~ 1!r::~ Executive Officer Bkm/mja: otay.ltrIFile 06'{)214.02 cc: John Clinkenbeard, IWMB Safouh Sayed, DTSC John Richards, OCC, SWRCB Ken Calvert, DEH Mohamad Fakhrriddine, DPW David Marx, Woodward-Clyde Consultants Joe Monaco, City ofChula Vista Recyckd Pap" Our m",ion i, ta pre,.,..,. and enhance the quality of California', water mourcu. and en",re their proper allocation and efficient u,. for the benefit of pment and future generatian,. #Do - . ,1,:7 /- 37 - .. ~ CallEPA rete Wi\ooo GoYernor on Diego Regional Water February 14, 1997 ouality Control >anl Mr. Joseph S. Minner, Director 9771 Clairanoot M"" Solid Waste Services r"vd.,Suit,A n Diogo. CA 92124 Department of Public Works 19)467-29~2 County of San Diego FAX (619)S71.6972 5555 Overland Avenue San Diego, CA 92123 Dear Mr. Minner: RE: ADDENDUM NO.1 TO ORDER NO. 90-09 "AN ADDENDUM ADDING DISCHARGE SPECIFICATIONS FOR THE DISPOSAL OF BURN ASH CONTAMINATED SOILS FROM THE SHINOHARA PROPERTY, 4705 OTA Y VALLEYROAD,CHULA VISTA" Enclosed is a copy of the subject addendum which was adopted by the Regional Board on February 13, 1997. This addendum added discharge specifications for the disposal of bum ash contaminated soils at the Ot~.y Annex Landfill. Please note that the disposal of the bum ash may also be subject to additional regulations of the CaliforIÚa Integrated Waste Management Board, San Diego County Local Enforcement Agency, and the San Diego County Air Pollution Control District. Should you have any questions concerIÚng the above matter, please contact Brian McDaniel at (619) 627-3927. Sincerely, M*~. ~ MARK 1. ALPERT, Program Manager Land Discharge Unit MJA:bkmleola FilE: 214-02 (OtJiy Annex Landfill- WDR 90-09) cc: Attached Interested Parties List #'iJ Our ",i"ion i, 10 pmerw and enhance lhe quality of California', waler re"n<rc". and T'.¡J Recycled Paper ensure their proper alJocabon and ejJiâent oue for the benefit of pmen' and fi<ture gener "bans. !-3'l ~ .- CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION ADDENDUM No. I TO ORDER No. 90-09 WASTE DISCHARGE REQUIREMENTS FOR THE COUNTY OF SAN DIEGO OTAY ANNEX LANDFILL AN ADDENDUM ADDING DISCHARGE SPECIFICATIONS FOR THE DISPOSAL OF BURN ASH CONTAMINATED SOILS FROM THE SHINOHARA PROPERTY, 4705 OT A Y VALLEY ROAD, CHULA VISTA. The California Regional Water Quality Control Board, San Diego Region (hereinafter Regional Board), finds that: 1. On March 12, 1990, this Regional Board adopted Order No. 90-09, Waste Discharge ., Requirements For the County of San Diego, Otay Annex Sanitary Landfill, San Diego County. The Department of Public Works, San Diego County, the discharger, owns and operates the Otay Annex Landfill. 2. On December ZO, 1996 the Department of Public Works, San Diego County submitted a request for the disposal of nontraditional wastes at the Otay Annex Landfill !Tom the Department of Public Works, San Diego County. This request included authorization for the disposal of35,000 yards of burn ash contaminated soils excavated !Tom the Shinohara property, 4705 Otay Valley Road, Chula Vista, California. 3. Pursuant to CCR Title 23, Division 3, Chapter IS, Section 2522 (a)(I), "designated waste" is the appropriate classification of the burn ash. This classification is based upon available infonnation, that the waste streams could contain soluble pollutants that are greater than applicable water quality objectives. 4. Pursuant to Chapter IS, Section 2520 (aXI), sufficient information has been submitted regarding the nature of the wastes and the management practices at the landfill to demonstrate the disposal of these wastes present a lower risk of water quality degradation than indicated by classification. Conditions under which demonstration has been achieved. /-31 . - ADDENDUM No.1 TO ORDER No. 90-09 -2- a. Burn ash is not classified as a hazardous waste by and does not display characteristics ofignitability, corrosivity, reactivity, or aquatic toxicity. b. Demonstration of relative immobility oflead constituents fÌ'om the burn ash contaminated soil fÌ'om the Shinohara site and other similar bum-ash contaminated soil. c. Proposed disposal site maintains adequate separation fÌ'om surface and ground water at the landfill. d. The disposal site is isolated ITom, and not commingled with municipal refuse waste or other solid wastes. 5. This facility is an existing facility and as such is exempt fÌ'om the provisions of the California Environmental Quality Act in accordance with Title 14. California Code of Regulations, Chapter 3, Article 19, Section 1530 I. 6. The Regional Board has considered all water resource related environmental factors .. associated with the existing discharge of waste . 7. The Regional Board has notified the discharger (Department of Public Works) and all known interested parties of the intent to revise waste discharge requirements for the existing discharge. 8. The Regional Board in a public meeting heard and considered all comments pertaining to the existing discharge. THEREFORE BE IT RESOLVED: Add the following as discharge specifications: I. Disposal shall be limited to 35,000 yards of burn ash contaminated soils excavated and hauled fÌ'om the Shinohara property, located at 4705 Otay Valley Road, in the City of Chula Vista. 2. Wastes shall be contained within the burn ash monofill in accordance with the Dec.ember 20, 1996 technical report. 3. At the conclusion of the placement of burn ash the disposal site shall be capped with an adequate cover material to reduce infiltration and prevent surface erosion. The cover shall be not less than 2 feet of low permeable soil, compacted to 90% of optimum compaction to minimize surface infiltration and erosion. 1-</0 - .. ADDENDUM No. I TO ORDER No. 90-09 -3- 4. The disposal site shall be maintained on a regular basis as part of standard management practices at the landfill. 5. Municipal waste shall not be placed over the bum ash monofill. 6. The disposal of the bum ash may also be subject to additional regulations of the California Integrated Waste Management Board, San Diego County Local Enforcement Agency, and the San Diego County Air Pollution Control District. 7. Any modifications needed for partial or final closure of the Otay Annex Landfill site shall be submitted to the Regional Board for approval. I, John H. Robertus, Executive Officer, do hereby certifY that the foregoing is a full, true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, San Diego Region, on February 13, 1997. ",. (-41 - - John Richards, Office of Clllef COlll1ci1, SWRCB Tat Gebrehawariat Integrated Waste Management Board California Integrated Waste Management Board 8800 Cal Center Drive Sacramento, CA 9582 Mr. Safouh Sayed Department of Toxic Substances CDnITol Site Mitigation Branch 245 W. Broadway, Suite 350 Long Beach, CA 90802-4856 Ken Calvert, Program Manager Department of Environmental Health Local Enforcement Agency County of San Diego P.O. Box 8526\ San Diego. CA 92\86-5261 David Marks Woodward-Clyde Consultants Sunroad Plaza 3, Suite 1000 1615 MwTaY Canyon Road San Diego, CA 92108 Moh!IIPsd Frakhrriddinc Department of Public Works County of San Diego 5555 Overland Avenue San Diego, CA 92123 Joe Monaco Environmental Projects Manager City of Chula Vista Community Development Department 276 Fowth Avenue Chula Vista. CA 91910 City ofChula Vista Paul Bushee Resource Reclamation Specialist Encma Wastewater Authority 6200 Avenida Encinas Carlsbad, CA 92009-D171 /- t) d- . .. APPENDlXB CommuniIV Heahh and Safetv Plan '" Bas Greiner Woodward Clyde W\PRQPOSAL \9758000 12\PROP~BR DQC\6~Ap'~OO\SDG /- 43 - .. APPENDlXB CommunitY Health and SafetY Plan 8.1 Site Identification and Location The site is located east of Interstate Highway 805, north of the Otay River on the south side of Otay Valley Road at 4705 Otay Valley Road (Figure I). The site c('nsists of an undeveloped parcel at the west end of an automobile dealership park. 8.2 Evaluation of Potential Public Exposure to Hazards The most significant anticipated hazard at the site will be burn-ash-containing dust. The main exposure pathway of concern is inhalation. The material to be disposed from the site has been classified as non-hazardous. Dust emissions will be controlled by the application of water during excavation, loading and unloading at the landfill. According to data obtained from the Chula Vista Weather Station, predominant winds are out of the west, blowing toward the east. The nearest residential housing is on the north side of Otay Valley Road. The current stockpile location and anticipated excavation are situated at the southern end of the site, more than 300 feet south of Otay Valley Road. The excavation and loading of burn-ash-containing soil (work area) will also be at the south end of the site. There are no sidewalks in the vicinity of the proposed work area, and pedestrian foot traffic at the west end of the auto park is minimal. Therefore, the anticipated impact to the general public is minimal. However, the site most likely to be impacted by dust generated from the activities to be conducted at the site is the auto dealership directly adjacent to the east of the site. To reduce the potential impact to that site, a windscreen consisting of tarps or plastic sheeting will be placed along the fence between the auto dealership and the site. As outlined in section B.6 of this Community Health and Safety Plan, dust will be strictly controlled so as not to present a nuisance or a public health hazard. 8.3 Monitoring Equipment Dust monitoring stations will be established at the upwind (west) and downwind (east) site boundaries (Figure 2). Airborne dust will be monitored utilizing Miniram Aerosol Monitors (or equivalent) to measure the concentrations of airborne particulates. Miniram action levels were based on the EPA National Ambient Air Quality Standard for lead (40 CFR 763) of 1.5 flg/mJ . If dust concentrations exceed 50 flg/mJ over a 5-minute period, then additional dust control measures will be implemented. If dust conccntrat!ons exceed 150 pg/mJ at any time, operations at the site shall be halted until dust can be adequately controlled. The upwind and downwind dust monitoring stations will be checked hourly, and readings will be recorded in a logbook. In addition to air monitoring, air sampling shall be conducted at the downwind site boundary on a daily basis to evaluate the actual airborne lead concentrations at the site. An air sampling pump shall be utilized to draw air through a laboratory-supplied sampling cassette. At the end of each work day. the onsite URSGWC representative shall collect the filter cassettes and submit them to an analytical laboratory for total lead analyses. The sample flow rates and duration of sampling will be used to determine the concentrations of airborne lead. If laboratory results indicate airborne lead concentrations above 1.5 flg/mJ (TW A), operations at the site will be halted until dust control measures can be improved. Personal dust monitoring will be conducted as dcemed necessary by the URSGWC Health and Safety Officer for personnel working in or around the oas Greiner WoodWanl C/yt/e WIPROPOSAL \9758000 '2\PROp.BR DOC\6. Ap,.OOISDG B-1 1-4<1 - - APPENDlXB CommunilY Health and SafelY Plan loading area. Personal protective equipment (such as respirators) and personal dust monitoring procedures are described in the site-specific health and safety plan. 8.4 Site Security Security measures for the Shinohara site will be implemented prior to the initiation of field activities and will include temporary construction fencing with locking gates. Ingress and egress of trucks and earthmoving equipment will be on the north side of the site along Auto Park Drive. All vehicles and visitors will be required to log in with the onsite URSGWC representative. At the end of each work day the gates to the site will be closed and locked to prevent unauthorized access to the site. 8.5 Vapors Based on the results of previous investigations conducted at the site, significant vapor emissions are not anticipated. However, dust control measures to be implemented during excavation and loading should minimize vapor emissions. Vapor monitoring will be conducted daily to confirm that the public is not exposed to fugitive vapor emissions as a result of the activities to be conducted at the site. 8.6 Dust Loading of the stockpiled and excavated soil will be conducted in such a manner as to minimize fugitive dust emissions. A water truck will be onsite to continually moisten the soil being loaded into the trucks, and to moisten access roads leading into and out of the loading area. Water shall be applied to sufficiently reduce the potential for dust emissions, but shall not be applied to the point that saturation, ponding or runoff occurs. A biodegradable surfactant (such as Biosol) may be added to the water to improve soil hydration, depending on site conditions. If visible dust emissions cannot be controlled by the application of water, or if dust monitoring action levels specified in Section B.] are exceeded, operations at the site shall be halted until the excavation contractor can adequately control dust emissions. In addition, should excessively windy conditions exist at the site to the point where, in the opinion of the onsite URSGWC representative, the application of water is unable to control dust emissions, then operations at the site shall be halted until less windy conditions exist. Subsequent to loading, each truck will be misted with water and properly covered with a larp prior to leaving the site to minimize dust emissions during transport to the landfill. B.7 Noise Noise will be generated from the heavy equipment and trucks operation at the site. However. the site is located more than 400 feet from the nearest residential structure and scheduled work hours at the site will be between 7:00 a.m. and 7:00 p.m., Monday through Friday. In addition, no weekend hours are anticipated. Therefore, noise generated from the site should have a minimal uas GreIner Woodward Clyde W .IPROPOSAl\9758000121PROP.BR DOCI6.ApcOOISDG B-2 1- </S- - .. APPENDlXB Communitv Health and Safetv Plan loading area. Personal protective equipment (such as respirators) and personal dust monitoring procedures are described in the site-specific health and safety plan. 8.4 Site Security Security measures for the Shinohara site will be implemented prior to the initiation of field activities and will include temporary construction fencing with locking gates. Ingress and egress of trucks and earthmoving equipment will be on the north side of the site along Auto Park Drive. All vehicles and visitors will be required to log in with the onsite URSGWC representative. At the end of each work day the gates to the site will be closed and locked to prevent unauthorized access to the site. 8.5 Vapors Based on the results of previous investigations conducted at the site, significant vapor emissions are not anticipated. However, dust control measures to be implemented during excavation and loading should minimize vapor emissions. Vapor monitoring will be conducted daily to confirm that the public is not exposed to fugitive vapor emissions as a result of the activities to be conducted at the site. 8.6 Dust Loading of the stockpiled and excavated soil will be conducted in such a manner as to minimize fugitive dust emissions. A water truck will be onsite to continually moisten the soil being loaded into the trucks, and to moisten access roads leading into and out of the loading area. Water shall be applied to sufficiently reduce the potential for dust emissions, but shall not be applied to the point that saturation, ponding or runoff occurs. A biodegradable surfactant (such as Biosol) may be added to the water to improve soil hydration, depending on site conditions. If visible dust emissions cannot be controlled by the application of water, or if dust monitoring action levels specified in Section B.3 are exceeded, operations at the site shall be halted until the excavation contractor can adequately control dust emissions. In addition, should excessively windy conditions exist at the site to the point where, in the opinion of the onsite URSGWC representative, the application of water is unable to control dust emissions, then operations at the site shall be halted until less windy conditions exist. Subsequent to loading, each truck will be misted with water and properly covered with a tarp prior to leaving the site to minimize dust emissions during transport to the landfill. 8.7 Noise Noise will be generated from the heavy equipment and trucks operation at the site. However. the site is located more than 400 feet from the nearest residential structure and scheduled work hours at the site will be between 7:00 a.m. and 7:00 p.m., Monday through Friday. In addition, no weekend hours are anticipated. Therefore, noise generated from the site should have a minimal gas Greiner Woodward ClYde W "PROPOSAL \9758000 ,2\PROP-BR, DOCI6-Ap,-OOlSDG B-2 1- c/ ~ - .. APPENDIXB Communitv Health and Safetv Plan impact to the surrounding community. It is anticipated that it will take approximately eight to ten weeks to complete the proposed work at the site. B.8 Open Excavations As discussed in Section B.4 of this plan, during excavation activities at the site, the site will be surrounded by temporary construction fencing and will be securely locked at the end of each work day to prevent unauthorized entry to the site. B.9 Stockpiled Soil Once the existing stockpile of soil at the site is hauled offsite, additional stockpiling of excavated soil is not anticipated. However, small temporary stockpiles of soil may be generated during excavation to improve the efficiency of the loading operation. Any stockpiled material remaining at the site at the end of the work day will be securely covered with plastic sheeting. B.10 Site Safety Manager The Site Safety Officer will be: :VIr. Veryl Wittig URS Greiner Woodward Clyde 1615 Murray Canyon Road, Suite 1000 San Diego, CA 92108 (619) 294-9400 (office) (619) 742-9066 (mobile) B.11 Emergency Planning Based on analytical laboratory results and the extensive subsurface investigation conducted at the site. we do not anticipate encountering flammable or combustible substances. or vapors. URSGWC will direct our subcontractor to notify the Site Safety Officer (either by cellular phone or two-way radio) as soon as possible should an accidental ,pill of soil occur between the subject site and the landfill. Any spilled soil on public streets shall be removed as soon as possible to minimize the potential impact to the community. B.12 Public Notification Our public notification program will include distribution of notices to all properties immediately adjacent to the site prior to the initiation of field activities, and posting of notices around the perimeter of the site. Our public notification will include the following: . 24-Hour URSGWC emergency contact names and phone numbers . Description of onsite activities to be conducted including dates and times UBS GreIner Woodward ClYt/ø WIPROPOSAl \9758000 ,2\PROD BRDOC16Ap,.OOISDG B-3 1- 47 . .. APPENDIXB CommunitY Health and SafelY Plan . Anticipated duration of onsite activities . Proposition 65 warnings 8.13 Landfill Notification Because burn-ash-containing materials are accepted at the Otay Landfill, facility personnel are fami]:ar with standard practices and procedures of handling potentially hazardous materials, In addition. burn-ash-containing materials will be disposed in the burn-ash-monofill, which is segregated from the area that accepts municipal waste, ~" UBS GreIner WoodwaPt Clyde t./ i'PROPOSALI9758000"'PROP'RROOCl6,Ap"OOISDG B4 /- - - APPENDlXC Copies of TorStan Figures ,'" Bas Greiner WoodWartt ClYde WIPROPOSAL \9758000' 2\PROP- BR DOC\6- Ap,-OOISDG 1-41 ~ .. "--~- ? N E . ~:î :Z:;;2 Q) g~ -, ~ ~~ .;; 0 L. 0 ~c :J ~i z .;;~ ~ ;- w .. .... CJ ~~ ~ w o. ...J :;", 0.0 ." " C"") ~ I ~ ~ a ~ i:: ~I~ ~::: ~ ~ co 0 ~ooo";:j P.. ..<; ....>¡:>::- 1:; .S ~ ~ 00 OJ ç.. OJ ...: ¡,., ¿: 2j o::::u ~ ;::¡ 0: ~ - .na... U) Q., '" ..,auB a '- '" ~ -;¡; ..,¡; (:) ~j;;: gcD P: .go", [:;6 ~ .S ~ '3 ;3 :3 ,.' t .cr--.c",C\! en (J).". U 0. 00 C'J Q) -g u 0 ¡::;; ('Õ ~, :>, - '" ~ m > W :>, v ~ N ~ . W OJ CJ 'û ~ ~ ~ P.. ~- ('j ~ -+-' - ~ ~ ~ c ~ W 0 - - ¡; OJ OJ ,...0«::: gg v v ~U ~ ~~ ~ ~ ~ ~ ~~ P.. P.. UJ 0 vo ~ .~ 0 ;> õ ~ ~~ ~ ~ ~ -== E'E ~ ~ .3. ! <., '---i'l "-~ ~> - ~ u APPENDlXC Copies of JorStaD Figures -." uas Greiner Woodwartf ClYde WIPAOPOSAL 19758000' "PAOP BA. DOCI6 "" .00lSOG /-'5) - ~ ~ , N E . '- ; ~~ Z;;2 Q) ~f ~~ ~ L. Q ~c ;J ~1 Z oS ~ ;::. ~ .. .... CJ .§~ ~ C=.1 ~ ;; .....:¡ ~;; "-0 ...u 0") ~ ~ ~ ~ 0 ~ ;:; ~I~ ~:: ~ ~ co 0 ~ 0 '" " ;:) p., ~ ...-1'::- É .5 ~ ~ Q ,~ ç.. OJ -«: - ~ 2j o=u ~ ::J 0: ~ - .n.... en p.. co ....~. 0 co ~ ~ ,.,,¡. b ~j> ~cÓ ö: ~ 0 co t:; ~ ¡:: <Q - '" c:J ~ :ë¡::~ â~ [f) [f] "'" U Co. Q C'J I) -0 U oj 0 - P:: "" ~, ~I - [fJ > ~ ~ V 3 h 0 C\1 . ~ ~ U 'U ~ ~ ~ co ~ p., ~- ro ~ ..¡...) - ~ ~ h c ~ ~ 0 - - ~g ~ ~ cd e ~~ 2 2 ...,...;> h c..J p., p., íJ] 0 8~ H .~ = 0 ~ ~ 0 E---~ o~ ~ ;;:::: E¡: ~~ 3. I ~ì Co.~ cn~ -~~ ~ - .. I ¡ J II å~ '- Á I . n /' Þ rn '~~j:n i I 1 ¡ H /J ;:¡ ¡: õ1.~å~ I H!I!WmmmmIJmmJßI!ll!¡jjIlJ! ~'.!: ~! i nil J J¡ ¿ ~~1¡;aJgm~~dà~am¡~J¡jJì~Jm~aJg1¡~¡¡ø~ ~) p:: H ~15 I ) ..-. . -. ;;¡. <l>---'-"'-- ¡ Õ p. ""::: 11 .O"""""RRR""Ø"'u.c:"'o::":"",o,.o" S to ~ ~ ~ 1- c¡ :d po: '" ~ . (/) .<1 Þ-, . ----1'.":=:::::C::'."."."'1"."""="1 0 OJ «: 1 wå,m......¡.¡.¡¡...¡.....h..........., / ~ ¡: .9 ~ U f- ~ 0 .<1' - .~ UJ "" .::! ~ :;;¡- ;{.~ c :> ...",;> ~ oj to 0 t; ~. '-' g<",.s ~ l:;> _.~ ~::;~.êg: v~ <~u ;..,~ 0 ~~(1) :¡: (1) '" ... ~ ::¡ t,,~ to ,!::> ~ Æ ;;- .a rn -;:; 13 ~.~ ~ -å. "" '~o,S....:;j ,,¡S9'¡"> .S (1)NO:;j'1j ~.~ '" to", ¡.. ~'¡::p.~~ ~~" ~ 'il.S~¡; ~ ~] (1) ¡...~ ~ e;¡;, ~ .¡:;~~ .S ~ o.¡..> ~ 0 (1) "" ",,(1)p..¡..>~ ¡; s.¡;§ ~ ~.qS(1):;j to '!¡.p.toO C)t>¡ :;3'¡"> ~ :;j bD P.. «: P.. ¡:Q ,.... rn ~~~'1j~ ~ H ~ ~..0(1)0 ' ~ '" 0 .¡..> (.J . .~ '" (1) .¡..> to ~ ' '" ¡:; -g ~ S ~.~ ~ (f', '1jS~-~ ~ ~ ~§~e~~ ro .~ E-p.«fp.«f(.J ...¡...) (1) 0 i>oi.... p..q i>oi ':¡' c ;Z; (1)P" to (.J (1) UJ ~ ~ '" 0 .~ b ~ ----- (1) ~Z ~ ~~ S to (1) . ~ ~~l~ 1~ ~I (.J p.~ 0" .3 «:<1J ¡..UJ UJ :è N ¡,;¡:Q g; 0 ~t < (.J (1) cn¡:.., AB2136 SOLID WASTE DISPOSAL AND CODISPOSAL SITE CLEAN UP PROGRAM APPLICATION FOR MATCHING GRANT FUNDS (FOR USE BY LOCAL GOVERNMENT AGENCIES) NAME OF PUBLIC ENTITY OWNING SITE: (attach deed/legal description Exhihit "A"): The City ofChula Vista Redevelopment Agency is applying for this grant under the Polanco Redevelopment Act: Article 12.5 California Health and Safety Code. See Exhibit "A". PART I.APPLICANT INFORMATION City of Chula Vista Redevelopment Agency Chris Salomone, Community Development Director 276 Fourth Avenue (city) Chula Vista (zip code) 91910 (telephone) 619-691-5047 (fax number) 619-476-5310 PART II. SITE INFORMATION Site Name: Shinohara Holding Site SWIS Number: Facility Type: Illegal Disposal Site Facility Status: Inactive Location: 4705 Otay Valley Road, Chula Vista, California, 91911 (see Exhibit "B") Risk to Public Health and Safety: This site contains an estimated 35,000 cubic yards of lead-contaminated bum ash soil. The proximity to the Otay River and the potential for erosion into the river make it a threat to public health and safety and to the safety of wildlife. (see Exhibit "C") Current Enforcement Orders: No citation has been issued, however the San Diego Regional Water Quality Control Board (RWQB) has ordered the clean-up of this burn- ash stockpile and has approved the attached Work Plan. (see Exhibit "D") / - :Jcf - .. PART III. PROJECT INFORMATION Project Description: Waste Removal and Disposal- Orphan Site This site is blighted and located in an established Redevelopment Area. Due to the refusal or inability of the property owner to remove the contaminated soil, the property cannot be redeveloped and poses a threat to the health and safety of the public and wildlife in the area and downstream. Negotiations regarding this site have continued for a decade, most recently during a three-year period when the property owner filed a Work Plan but never completed the work before his death. Negotiations have continued with the estate regarding clean up responsibility. The County of San Diego has waived tipping fees estimated at $2 million to relocate this contaminated bum-ash into the Otay Valley Landfill. A closure plan for the landfill will be recommended to and considered by the San Diego County Board of Supervisors at its September meeting. The closure plan calls for the Shinohara burn-ash to be transported to the approved landfill in November, 2000. Despite continued negotiations, the City of Chula Vista has been unable to gain a clean- up commitment from the estate now controlling the property. Under authority of the Polanco Act, the Redevelopment Agency is requesting assistance to clean up this site before the Otay Valley Landfill closes this year. If the landfill closes without receiving the Shinohara burn-ash, an entirely new Work Plan must be drafted and approved, a new disposal site must be found, and tipping fees will most likely be charged. (see Exhibit "F") CEQA compliance (see Exhibit "0") PART IV: FINANCIAL INFORMATION Statement of Need: The City of Chula Vista Redevelopment Agency has no allocated funds for this purpose. It is continuing to seek financial responsibility from the land owner. The Redevelopment Agency will reallocate funds to provide the match for this grant in the event negotiations with the landowner are unsuccessful. (see Exhibit "H") ( - .s,s,- ~ - PART IV - FINANCIAL INFORMATION CONTINUED Source of Funds: The source of funds to match the grant and pay for ineligible costs will be reallocated funds of the Redevelopment Agency. (see Exhibit "1") PART V - AUTHORIZATION Signed by: Community Development Director Chris Salomone date: PROJECT COST SUMMARY:* A. COST OF SITE CLEAN-UP $ 680,625 B. TESTING COSTS 36,058 C. ENGINEERING SERVICES 6,050 D. TOTAL ESTIMATED PROJECT $ 722,733 E. REQUESTED GRANT AMOUNT $ 361,367 *figures include 20-percent contingency (-S-~ - - REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: d-- MEETING DATE: 08/22/00 ITEM TITLE: RESOLUTION ADOPTING NEGATIVE DECLARATION IS-00-28, APPROVING AN OWNER PARTICIPATION AGREEMENT WITH DESERT KING INTERNATIONAL FOR THE DEVELOPMENT OF A 11,702 SQUARE FOOT CONCRETE BUILDING FOR WAREHOUSE, OFFICE, AND DISTRIBUTION CENTER WITHIN THE OTAY VALLEY REDEVELOPMENT PROJECT AREA SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR u) ~ LS REVIEWED BY: EXECUTIVE DIRECTORé~~fI' ,f--<' 4/5THS VOTE: YES D NO ŒJ BACKGROUND Desert King International is a company that imports/exports natural plant extracts for such products as beverages, agricultural and industrial goods, etc. Desert King is proposing to construct an 11,702 square foot concrete block building for a warehouse, office, and distribution center within the boundaries of the Otay Valley Redevelopment Project Area. The proposed land use is consistent with the City's Municipal Code and General Plan, and the Otay Valley Redevelopment Plan and Implementation Plan/Design Manual Addendum. The Community Development Department's Planning and Environmental Manager reviewed the proposed project pursuant to the provisions of the California Environmental Quality Act, and determined that there are no significant impacts and recommends adoption of Negative Declaration IS-00-28. The Otay Valley Redevelopment Project Area Plan requires that Desert King enter into on Owner Participation Agreement (OPA), which includes the design plans and a list of conditions. The OPA is being presented to the Redevelopment Agency for consideration and approval. RECOMMENDATION Staff recommends that the Redevelopment Agency approve the resolution adopting Negative Declaration IS-00-28, and approve the Owner Participation Agreement with Desert King International to develop a 11,702 square foot concrete block building to be used as a warehouse, office, and distribution center. d---f - .. PAGE 2, ITEM NO.: MEETING DATE: 08/22/00 International to develop a 11,702 square foot concrete block building to be used as a warehouse, office, and distribution center. BOARDS/COMMISSIONS RECOMMENDATION In May 2000, the Resource Conservation Commission was scheduled to review the Negative Declaration for the proposed project. Due to the lack of committee quorum, a determination by the Environmental Review Coordinator deemed the proposed Negative Declaration as complete for the proposed project. On August 7, 2000, the Zoning Administrator approved a variance to the proposed project that reduced the building setback requirement from 40 to 25 feet, and reduced the parking setback requirement from 20 feet to 10 feet. The Design Review Committee will review the proposed project on August 21, 2000 and formulate a recommendation. DISCUSSION Site Characteristics The project site consists of a vacant near-level graded .94-acre site located on 725 Main Street, west of Maxwell Road and east of the City's Southwest Redevelopment Project Area. The City's Circulation Element designates Main Street as a four-lane major arterial. The project site has been cleared of all vegetation and does not represent viable habitat for any sensitive animal species. Surrounding uses and zoning include the following: . North: Light Industrial (Otay Industrial Park); Industrial Precise Plan (IP) . East: Vacant Industrial lot; Industrial Precise Plan (IP) . South: Main Street . West: Industrial building; Industrial Precise Plan (IP) Proiect Proposal Desert King International proposes to construct an 11,702 square foot industrial concrete tilt up building that will be used as a warehouse, office, and distribution center in the Otay Valley Redevelopment Project Area. The total building area consists of the following: . Office - 3,125 square feet; . Warehouse - 7,176 square feet; and . Mezzanine - 1,401 square feet (second floor). J-d- - .. PAGE 3, ITEM NO.: MEETING DATE: 08/22/00 Desert King estimates that seven people will be employed at the business. A maximum of four trucks per day will visit the project site for loading/unloading. land Use Compatibility Desert King's proposed building will be compatible with the standards of quality of the surrounding developments. The proposed use (warehousing and accessory office use) is consistent with the project site's zoning and land use designation, which are Industrial Precise Plan (IP) and limited Industrial, respectively. On August 7, 2000, the City's Zoning Administrator approved a variance to the proposed project that reduced the building setback requirement from 40 to 25 feet, and reduced the parking setback requirement from 20 feet to 10 feet. The variance allows Desert King to develop an "odd shaped" lot more effectively, but consistent with adjacent uses. A sign program will be submitted for review to the Design Review Committee for their August 21, 2000 meeting Parkina & Accessibility: The proposed development will provide a total of 25 on-site parking spaces, which is consistent with City regulations. Additionally, Desert King proposes to install one twenty-foot driveway (ingress) on Main Street near the most westerly property line and to reconfigure an existing 26- foot driveway (egress) near the most easterly property line. landscaping New landscaped areas to include grass turf and shrubs will be provided along the perimeter of the project site, and will be concentrated along Main Street. The total on-site and off-site landscaping area proposed is 9,042 square feet. The proposed landscape plan will be submitted for review to the Design Review Committee for their August 21,2000 meeting. Owner Participation Aareement The Owner Participation Agreement (OPA) runs with the land and outlines developer responsibilities. Among others, Desert King will be required to: 1. Develop the property in accordance with the approved development proposal subject to the conditions of all City Departments and the Design Review Committee; 2. Submit a sign program for the Design Review Committee for consideration; 3. Secure all necessary permits; and 4. Maintain the property in first class condition. ;;2-3 - '. PAGE 4, ITEM NO.: MEETING DATE: 08/22/00 Conclusion Staff recommends approvol of the Negative Declaration and Owner Participation Agreement. The proposed project will be beneficial for the City, because it will convert a vacant parcel into a higher and better use, bring new private sector investment into the project area, and contribute to the elimination of blighting influences. The project is consistent with the City's Municipal Code and General Plan, and the Otay Valley Redevelopment Plan and Implementation Plan/Design Manual Addendum. FISCAL IMPACT The proposed project has an estimated valuation of $1.0 million over base year value. This will generate an annual tax increment revenue of approximately $10,000, which will be distributed as follows: 20% ($2,000) for the Housing Set-Aside fund; and the remaining 80% ($8,000) will accrue to the Otay Valley Redevelopment Project Area fund. ATTACHMENTS Locator Map Attachment A - Negative Declaration Attachment B - Resolution Attachment C - Owner Participation Agreement with the following: Exhibit A - Design Plans Exhibit B - Design Review and Agency Conditions of Approval H, \H OME\ C OMMD EY\ST AF F. REP\O8 - 2 2 - OO\DESE RTKI NG. 0 P A. DOC eJ-cf - ,. AGENCY RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION IS-00-28, APPROVING OWNER PARTICIPATION AGREEMENT WITH DESERT KING INTERNATIONAL FOR THE DEVELOPMENT OF AN 11,702 SQUARE FOOT CONCTRETE BUILDING FOR A WAREHOUSE, OFFICE, AND DISTRIBUTION CENTER WITHIN THE OTAY VALLEY REDEVELOPMENT PROJECT AREA WHEREAS, Desert King International has presented development plans for the construction of an 11,702 square foot concrete building for a warehouse, office use, and a distribution center; and WHEREAS, the project site consists of a vacant .94-acre site located on 725 Main Street in the Otay Valley Redevelopment Project Area under the jurisdiction and control of the Redevelopment Agency of the City of Chula Vista, which is shown in the Locater Map attached to the Owner Participation Agreement and incorporated herein by reference; and WHEREAS, The City's Community Development Department Planning and Environmental Manager reviewed the proposed project and issued Negative Declaration IS-00-28 for the project in accordance with CEQA; and WHEREAS, after a public hearing the Design Review Committee reviewed and recommended that the Redevelopment Agency approve the proposed project subject to the conditions listed in Exhibit B of the Owner Participation Agreement; and WHEREAS, the Redevelopment Agency of the City of Chula Vista has presented an Owner Participation Agreement, said agreement being on file in the Office of the Secretary to the Redevelopment Agency and known as document RACO 00-_, approving the development of an 11,702 square foot concrete building for a warehouse, office use, and distribution center in the Otay Valley Redevelopment Project Area, as depicted in Exhibit A and subject to the conditions listed in Exhibit B of said agreement; and NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The proposed project will not have a significant impact on the environment; accordingly Negative Declaration IS-00-28 was prepared and is hereby adopted in accordance with CEQA. 2. The proposed project is allowed under the City of Chula Vista Municipal Code and General Plan, and is consistent with the Otay Valley Redevelopment Plan and the Implementation Plan/Design Manual Addendum. 3. The proposed project will be beneficial for the City of Chula Vista, because it will convert a vacant parcel into a higher and better use, bring new private sector investment into the project area, and contribute to the elimination of blighting influences. 4. The Redevelopment Agency of the City of Chula Vista hereby approves the Owner Participation Agreement with Desert King International for the construction of an 11,702 square foot concrete building for a warehouse, office, and distribution center on 725 Main Street in the Otay Valley Redevelopment Project Area, in the form presented in accordance with plans attached thereto as Exhibit A and subject to the conditions listed in Exhibit B of said agreement. cl-s:- - .. 5. The Chairman of the Redevelopment Agency is hereby authorized to execute the subject Owner Participation Agreement between the Redevelopment Agency and Desert King International. 6. The Secretary of the Redevelopment Agency is authorized to record said Owner Participation Agreement in the Office of the County Recorder of San Diego, California. Presented by Approved as to form by Chri~~e ~- / ~#KU Jo M. Kaheny Cornmunity Development Director y Attorney and Agency Counsel eJ-rc, - ,. Recording Requested By: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 When Recorded Mail To: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 Attn: Judi Bell (Space Above This Line For Recorder) APN: 644-040-46 OWNER PARTICIPATION AGREEMENT Desert King International 725 Main Street (formerly Otay Valley Road) THIS AGREEMENT ("AGREEMENT") is entered into by the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body corporate and politic (hereinafter referred to as "AGENCY"), and Desert King International, a California Corporation, ("DEVELOPER") effective as of August 22, 2000. WHEREAS, the DEVELOPER desires to develop real property within the OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA which is subject to the jurlsdiction and control of the AGENCY; and, WHEREAS, the DEVELOPER has presented plans for development to the Design Review Committee for the construction of a 11,702 square foot concrete block building to be used as a warehouse and office building (the "Project"); and, WHEREAS, said plans for development have been recommended for approval by said committee; and, WHEREAS, the AGENCY has considered the Design Review Committee's recommendation and has approved the Project and design plans subject to certain terms and conditions; and, WHEREAS, the AGENCY desires that said Project be implemented and completed as soon as it is practicable in accordance with the terms of this Agreement. NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows: 1. The property to be developed is descrlbed as Assessor's Parcel Number 644-040-46 located at 725 Main Street (formerly Otay Valley Road), Chula Vista, CA., shown on the locator map attached hereto as Exhibit" A" and by this reference incorporated herein ("Property'). 2. The DEVELOPER covenants and agrees by and for itself, it's heirs, executors, administrators and assigns and all persons claiming under or through them the following: A DEVELOPER shall develop the Property with the Project in accordance with the AGENCY approved development proposal attached hereto as Exhibit "A", B. DEVELOPER shall obtain all necessary federal/state and local governmental permits and approvals and abide by all applicable federal, state and local laws, regulations, policies and approvals in connection with the development of the Project. DEVELOPER further agrees that this Agreement is contingent upon DEVELOPER securing said permits and approvals. DEVELOPER shall pay all applicable development impact and processing fees. ,;)-7 - .. C. DEVELOPER shall obtain building permits within one year from the date of this Agreement and to actually develop the Property with the Project within one year from the date of issuance of the building permits. In the event DEVELOPER fails to meet these deadlines, the Agency's approval of DEVELOPER'S development proposals shall be void and this Agreement shall have no further force or effect. D. In all deeds granting or conveying an interest in the Property, the following language shall appear: 'The grantee herein covenants by and for himse/~ his heirs, executors, adminjstrators and assigns, and all persons clajming under or through them, that there shall be no discrimination against or segregatjon o~ any person or group of persons on account of race, color, creed, natjonalorigjn or ancestry jn the sale, lease, sublease, transfe~ use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee hjmself or any persons clajmjng under or through him establish or pemlit any such practice of discrimjnation or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenant lessees, or vendees in the premises herein conveyed. The foregojng covenants shall run with the land. ' E. In all leases demising an interest in all or any part of the Property, the following language shall appear: 'The lessee herein covenants by and for hjmse/~ hjs heirs, executors, admjnistrators and assigns, and all persons claiming under or through him, and this lease js made and accepted upon and subject to the followjng conditions: That there shall be no discrimination against or segregation o~ any person or group of persons, on account of race, color, creed, national origin, or ancestry, jn the leasing, subleasing, transfeffing use, occupancy, tenure, or enjoyment of the premjses herein leased, nor shall the lessee himself or any persons claiming under or through him, establish or pennit any such practices of discrimination or segregatjon with reference to the selectjon, locatjon, number or use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premjses herein leased." 3. The Property shall be developed subject to the conditions imposed by the Design Review Committee and the AGENCY as described in Exhibit "8" attached hereto and incorporated herein by this reference. DEVELOPER acknowledges the validity of and agrees to accept such conditions. 4. DEVELOPER agrees that, if the AGENCY proceeds to fonn a Special Assessment District for the construction or maintenance of parking facilities, common areas or other public facilities that benefit the PROJECT, subject to this AGREEMENT, DEVELOPER hereby waives any right it may have to protest the formation of such Special Assessment District. Said waiver shall not preclude the DEVELOPER from protesting the amount of any assessment on the PROPERTY. 5. DEVELOPER shall maintain the premises in FIRST CLASS CONDITION. A. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughout the term of this Agreement, DEVELOPER shall, at DEVELOPER'S sole cost and expense, maintain the Property which includes all improvements thereon in first class condition and repair, and in accordance with all applicable laws, permits, licenses and other governmental authorizations, rules, d -f - .. ordinances, orders, decrees and regulations now or hereafter enacted, issued or promulgated by federal, state, county, municipal, and other govemmental agencies, bodies and courts having or claiming jurisdiction and all their respective departments, bureaus, and officials. If the DEVELOPER fails to maintain the Property in a "first class condition", the Redevelopment Agency of the City of Chula Vista or its agents shall have the right to go on the Property and perform the necessary maintenance and the cost of said maintenance shall become a lien against the Property. The Agency shall have the right to enforce this lien either by foreclosing on the Property or by forwarding the amount to be collected to the Tax Assessor who shall make it part of the tax bill. B. DEVELOPER shall promptly and diligently repair, restore, alter, add to, remove, and replace, as required, the Property and all improvements to maintain or comply as above, ortoremedy all damage to or destruction of all or any part of the improvements. Any repair, restoration, alteration, addition, removal, maintenance, replacement and other act of compliance under this paragraph (hereafter collectively referred to as "Restoration") shall be completed by DEVELOPER whether or not funds are available from insurance proceeds or subtenant contributions. C. In order to enforce all above maintenance provisions, the parties agree that the Community Development Director is empowered to make reasonable determinations as to whether the Property is in a first class condition. If he determines it is not, he (1) will notify the DEVELOPER in writing and (2) extend a reasonable time to cure. If a cure or substantial progress to cure has not been made within that time, the Director is authorized to effectuate the cure by City forces or otherwise, the cost of which will be promptly reimbursed by the DEVELOPER. D. FIRST CLASS CONDITION DEFINED. First class condition and repair, means an efficient and attractive condition, at least substantially equal in quality to the condition which exists when the Project has been completed in accordance with all applicable laws and conditions. 6. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein shall run with the land. DEVELOPER shall have the right, without prior approval of AGENCY, to assign its rights and delegate its duties under this Agreement. 7. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein are for the express benefit of the AGENCY and for all owners of real property within the boundaries of the OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA as the same now exists or may be hereafter amended. AGENCY and DEVELOPER agree that the provisions of this Agreement may be specifically enforced in any court of competent jurisdiction by the AGENCY on its own behalf or on behalf of any owner of real property within the boundaries of the OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA. 8. AGENCY and DEVELOPER agree that this Agreement may be recorded by the AGENCY in the Office of the County Recorder of San Diego County, California. 9. DEVELOPER shall and does hereby agree to indemnify, protect, defend and hold harmless AGENCY and the City of Chula Vista, and their respective Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and reasonable attorneys' fees (collectively, "liabilities") incurred by the AGENCY arising, directly or indirectly, from (a) AGENCY'S approval of this Agreement, (b) AGENCY'S or City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the Project contemplated herein, and (c) DEVELOPER'S construction and operation of the Project permitted hereby. ~ - c¡ . - 10. In the event of any dispute between the parties with respecttothe obligations under this AGREEMENT that results in litigation, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the non-prevailing party. 11. Time is of the essence for each and every obligation hereunder. 12. If DEVELOPER fails to fulfill its obligations hereunder after due notice and reasonable opportunity to cure, DEVELOPER shall be in default hereunder, and in addition to any and all other rights and remedies AGENCY may have, at law or in equity, the AGENCY shall have the right to terminate its approval of the Project and this Agreement. Signature Page Follows d -10 - .. 08/17/00 THU 13: 26 FAX 6194279041 DESERT KING INTL 'OuOiu 08/17/00 THU 09: 44 FAX 619 476 5310 CHULA VISTA COD. UI!:VI!:L. Signature Page To Owner Participation Agreement with Desert KIng International IN WITNESS WHEREOF THE PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE AS OF THE DATI: FIRST WRITTEN ABOVE. "AGENCY" REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA By: Shirley Horton, Chairman "DEVELOPER" :~~~ 8/7/ad tprz . oel Powers, Vlce- President NOTARY: Please attach acknowledgment card. APPROVED AS TO FORM BY: John M. Kaheny, Agency Attorney ATTEST: Chris Salomone, Community Development Director ~-(( 08/17100 THU 10:42 [TX/RX NO 7844] ~006 - ,. Exhibit A Locater Map & Reduced Copies of Design Plans Follow .;J - ( J.-- - .- --- .---- .-. -avo -=-z - ~, ãi,Š ....=-= E- ï:: 1? uS! «Cf) ~Iæ =U =0 a. .... ---I d - /3 - . ~ ~ , ~~ 5~ i ~~ ~~ ~ ~ I - ø ~ - f~ om" "O' - . .. f ~ ~ I "'^'l""" I "'m I ""'1 '~'."' '::¡":;3,1 III ~!; I'I!I ii!liilij' ~ ~ i ~!¡!!,~ II iiiij ."".- ¡¡¡!!;j!!!!! ¡ ¡ - ø ; / / ! ~ I / ! i I I f ~ I \ \ > \ ~ ~ ~ ¡N > !~ ¡¡~ ,r ~~ ~ ~ ~ ~ > " ¡ - ø ~-I&' """"" -- . . .. I ~~ ,z ~~ '.z "" . . ,"" ----' I I I I I I I I I I I I I I I I ,- T----~---- ~§ . I ~~ I . '.? . I ,~ I . ~ . I I . . I I . . I I . , I I . . I I . ¡~ L J- (~ - "" 'O","" -- -- - . - ¡~ ~~ ~ i ''°' "O" ~ Z 0 " . " 0 ' " IE. cJ "'- 3 " " , iN ,,'-,' "-0' ¡ ~ '.':" ! ~ ~~ ""' ~~ ~â q ~ ~ 0 0 0 0 ~ ~ ~ ,,'-'" ~ 0 I ¡" ¡ - ,,'.' ".,. ." ". ~ ~ . .. . - IPH ;PH! ~ !¡ Iii ,~¡ ~~ ~ ,¡ ¡, I ¡I I! ~ , ,I . ,: I; ~ , ,'," - '" I I I , :<: ~~ ~~ ," ~ , .c \\ !~ \ i< ;~ ~~ ¡" !~ i~ . 0 ! 1¡ ;! H 5~ ~~ ,. .~ ~ ~ 1- ø EXHIBIT B Conditions of Approval Owner Participation Agreement Desert King International DESIGN REVIEW CONDITIONS OF APPROVAL INSERT NEW CONDITIONS PER DRC CONDITIONS OF APPROVAL 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, architectural elevations, exterior materials and colors, and landscaping on file in the Community Development Department, the conditions contained herein, and Title 19 of the City of Chula Vista Municipal Code. 2. Prior to issuance of any sign permit, a sign program needs to be approved by the Design Review Committee. 3. Prior to any use of the project site all conditions of approval shall be completed to the satisfaction of the Community Development Director. 4. Approval of this request shall not waive compliance with all sections of the Municipal Code and all other applicable City Ordinances in effect at the time of building permit issuance. 5. All ground mounted utility appurtenances such as transformers, AC condensers, etc. shall be located out of public view and adequately screened through the use of a combination of walls, berms, and/or landscaping to the satisfaction of the Community Development Director. 6. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from view and the sound buffered from adjacent properties to the satisfaction of the Community Development Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Community Development Director. Details shall be included in building plans. 7. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Community Development Department. Additionally, the project shall conform to Sections 9.20 of the Chula Vista Municipal Code regarding graffiti control. 8. Provide sufficient space for designated "recyclables" and ensure that provisions are made to meet the minimum 50% recycling requirement to the satisfaction of the Recycling Coordinator for the City of Chula Vista. 9. The following fees will be required, based on the final building plans submitted; sewer capacities and connection fees, development impact fees, and traffic signal fees. 10. Permits are required for all buildings, signage, and exterior lighting. 11. Plans and construction must comply with the 1998 Uniform Building Code, Uniform Plumbing Code, and Uniform Mechanical Code. Plans and construction must comply with the 1996 National Electrical Code. Plans shall also comply with Title 24 Energy and disabled access requirements. 12. School fees shall be paid to the appropriate school districts as part of the building permit process. 13. Prior to the issuance of building permits, the Developer shall submit a revised iandscape plan and irrigation plan for review and approval. Said plan shall include an adequate combination of low decorative walls, berms and/or shrubs to effectively screen the parking area from Otay Valley Road. 14. The triangular area to the west of the driveway shall be reviewed by the City Landscape Planner to determine the appropriate landscape and irrigation for that portion of the property in relation to the cJ-;23 - .. EXHIBIT B Conditions of Approval Owner Participation Agreement Desert King International ultimate plans for Otay Valley Road and Developer shall install landscape and irrigation as called for by the City Landscape Planner. 15. Prior to the issuance of a building permits, a water management plan shall be submitted to the City Landscape Planner for review and approval. 16. Any work in the public right of way shall require a construction permit issued by the Engineering Division. 17. Prior to the issuance of a building permit, the private ingress/egress easement shall be reiocated since the proposed building will be developed within the existing easement. 18. Developer shall obtain a grading permit if required. [FI6.:C:\DKOPA (August 17, 2000 10:31 AM)] ~ -:J- V - .. RDA -Item #2 EXHIBIT B Conditions of Approval Owner Participation Agreement Desert King International DESIGN REVIEW CONDITIONS OF APPROVAL INSERT NEW CONDITIONS PER DRC CONDITIONS OF APPROVAL 1. The site shall be developed and maintained in accordance with the approved plans, which include site plans, architectural elevations, exterior materials and colors, and landscaping on file in the Community Development Department, the conditions contained herein, and Title 19 of the City of Chula Vista Municipal Code, 2. Prior to issuance of any sign permit, a sign program needs to be approved by the Design Review Committee. 3. Prior to any use of the project site all conditions of approval shall be completed to the satisfaction of the Community Development Director, 4. Approval of this request shall not waive compliance with all sections of the Municipal Code and all other applicable City Ordinances in effect at the time of building permit issuance. 5. All ground mounted utility appurtenances such as transformers, AC condensers, etc, shall be located out of public view and adequately screened through the use of a combination of walls, berms, and/or landscaping to the satisfaction of the Community Development Director. 6. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from view and the sound buffered from adjacent properties to the satisfaction of the Community Development Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Community Development Director. Details shall be included in building plans. 7. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Community Development Department Additionally, the project shall conform to Sections 9.20 of the Chula Vista Municipal Code regarding graffiti control. 8. Provide sufficient space for designated 'recyclables' and ensure that provisions are made to meet the minimum 50% recycling requirement to the satisfaction of the Recycling Coordinator for the City of Chula Vista, 9. The following fees will be required, based on the final building plans submitted; sewer capacities and connection fees, development impact fees, and traffic signal fees. 10, Permits are required for all buildings, signage, and exterior lighting. 11. Plans and construction must comply with the 1998 Uniform Building Code, Uniform Plumbing Code, and Uniform Mechanical Code. Plans and construction must comply with the 1996 National Electrical Code. plans shall also comply with Title 24 Energy and disabled access requirements. 12. School fees shall be paid to the appropriate school districts as part of the building permit process. 13. Prior to the issuance of building permits, the Developer shall submit a revised landscape plan and irrigation plan for review and approval by the Desian Review Committee. Said plan shall include an adequate combination of low decorative walls, berms and/or shrubs to effectively screen the parking area from Otay Valley Road, as well as the left over trianale at the west end of the site. and the area between the street and the buildina. 14, Prior to the issuance of buildina oermits. the triangular area to the west of the driveway shall be reviewed by the City LaAåsÐa¡¡e PlaRRer Desian Review Committee to determine the appropriate . . .. EXHIBIT B Conditions of Approval Owner Participation Agreement Desert King International landscape and irrigation for that portion of the property in relation to the ultimate plans for Otay Valley Road and Developer shall install landscape and irrigation as called for by the Gi!y L3A8SC3ße PlaAAer Desian Review Committee, 15. Prior to the issuance of a building permits, a water management plan shall be submitted to the City Landscape Planner for review and approval. 16. Any work in the public right of way shall require a construction permit issued by the Engineering Division. 17. Prior to the issuance of a building permit, the private ingress/egress easement shall be relocated since the proposed building will be developed within the existing easement. 18. Developer shall obtain a grading permit if required. ¡F16.:C:\DKOPA (August 22, 2000 12:11 PM)] - . .. SECOND READING AND ADOPTION ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE FOURTH AMENDMENT TO THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT AREA PLAN AND THE MERGER OF THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT AND THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT, AND THE SOUTHWEST REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF THE COMMUNITY REDEVELOPMENT LAW, HEALTH AND SAFETY CODE SECTION 33485 et seq. WHEREAS, the City Council of the City ofChula Vista (the "City Council") adopted the Redevelopment Plan for the Town Centre No. II Redevelopment Project on August 15, 1978 pursuant to Ordinance No. 1827; the Redevelopment Plan for the Otay Valley Road Redevelopment Project on December 29, 1983 pursuant to Ordinance No. 2059; and the Redevelopment Plan for the Southwest Redevelopment Project on November 27, 1990 pursuant to Ordinance No. 2420; and WHEREAS, the City Council proposes to amend these three existing redevelopment plans ("Redevelopment Plans") for the above described projects ("Plan Amendments") for the purpose of merging the three projects for financing purposes as permitted by Sections 33485-33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq. ("CRL"); and WHEREAS, the Redevelopment Plan for the Town Centre No. II Redevelopment Project was originally adopted by Ordinance No. 1827 on August 15, 1978 and has been amended three times: (i) on May 19, 1987 by Ordinance No. 2207; (ii) on July 19, 1988 by Ordinance No. 2274; and (iii) on November 8, 1994 by Ordinance No. 2610; and WHEREAS, the amendment carried out by this Ordinance is the fourth amendment ("Fourth Amendment") to the Redevelopment Plan for the Town Centre No. II Redevelopment Project; and WHEREAS, the purpose of this proposed Fourth Amendment is to merge the Town Centre No. II Redevelopment Project with the Otay Valley Road Redevelopment Project and the Southwest Redevelopment Project (collectively, the "Merged Redevelopment Project") pursuant to CRL Article 16, Section 33485, et seq.; and WHEREAS, although each of the proposed Plan Amendments will be considered and adopted separately pursuant to the CRL, to facilitate their consideration the Plan Amendments have been aggregated and presented together in a single joint public hearing on the proposed merger; and WHEREAS, this Ordinance relates to the amendment of the Town Centre No. II Redevelopment Project and the merger of that Redevelopment Project Area together with the Redevelopment Plan for the Otay Valley Road and the Redevelopment Plan for the Southwest Redevelopment Project (collective "Merged Area"); and WHEREAS, the Town Centre No. II Redevelopment Project by this Ordinance shall be merged with the Otay Valley Road Redevelopment Project and the Southwest Redevelopment .3 - Q - I DOCSOC\756517v2\24212.0003 - - Project so that taxes attributable to each constituent project area which are allocated to the Agency pursuant to Section 33670(b) of the CRL are to be allocated to the entire Merged Redevelopment Project area for the purpose of paying principal of, and interest on, indebtedness incurred by the Agency to finance or refinance, in whole or in part, the Merged Redevelopment Project; except that any such taxes attributable to any constituent project area shall first be used to pay indebtedness in compliance with the terms of any bond resolution or other agreement pledging such taxes from the constituent project area, which resolution or other agreement was adopted or approved by the Agency prior to the merging of these three projects; and except as otherwise noted above, tax increment revenue attributed to each constituent project may be used for any lawful purpose in any constituent project now within the Merged Redevelopment Project; and WHEREAS, for financing purposes and for any other purposes permitted or required by law, the three constituent projects that have been merged by the respective Plan Amendments together and collectively, shall be called the "Merged Redevelopment Project", and the three constituent project areas together and collectively, shall be called the "Merged Redevelopment Project Area". WHEREAS, the City Council has received from the Redevelopment Agency of the City of Chula Vista (the "Agency") the proposed Fourth Amendment to the Town Centre No. II Redevelopment Project, a copy of which is on file at the office of the City Clerk, together with the Agency's Report to City Council including the reasons for such Plan Amendment; and WHEREAS, a Project Area Committee was not required to be formed in connection with the subject Plan Amendment because such does not affect the existing authority to the Agency to acquire, by eminent domain, property on which a substantial number of low and moderate income persons reside and because the subject Plan Amendment does not grant the Agency authority to fund or develop any additional public projects that will displace a substantial number of low income persons or moderate income persons; and WHEREAS, the subject Plan Amendment would have no impact on the General Plan for the City ofChula Vista because it only merges the existing Redevelopment Plans into the Merged Redevelopment Project; and WHEREAS, in conformity with the requirements ofCRL Section 33490, the Agency has previously adopted and has in place an implementation plan for each Project Area that describes the redevelopment project area, the specific goals and objectives for the project area, and the specific programs, including potential projects and estimated expenditures proposed during the five (5) year term of each Implementation Plan, and further, each implementation plan includes an explanation of how the goals, objectives, programs, and expenditures will eliminate blight in the project area and implement the affordable housing requirements of the CRL; and WHEREAS, the implementation plans in place are current for the five year period 2000 through 2004, and do not require amendment in connection with the plan amendments or these merger proceedings; and WHEREAS, the proceedings for the merger of the three project areas have proceeded pursuant to and in conformity with CRL Section 33486 through the proposed amendment of each affected redevelopment plan for each project area as provided in Article 12 of the CRL, Section 33450, et seq.; and ..3-Q - d---- DOCSOC\756517v2\24212.0003 - - WHEREAS, Section 33457.1 of Article 12 provides that to the extent warranted by a proposed amendment to a redevelopment plan, the reports and information required by Section 33352 and 33367 will be prepared; and WHEREAS, the City Council and the Agency held ajoint public hearing on August 15, 2000 on the proposed adoption of the Plan Amendments in the City Council Chambers, City Hall 476 Fourth Avenue, Chula Vista, California; and WHEREAS, notice of said joint public hearing was duly and regularly published in the Chula Vista Star News, a newspaper of general circulation in the City of Chula Vista, pursuant to the provisions of Government Code 6063 and CRL Section 33452, once a week for three successive weeks prior to the date of such joint public hearing, and a copy of said notices is on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to the last known address of each assessee as shown on the last equalized assessment roll of the County of San Diego for each parcel of land in each of the subject Project Areas, and to each resident and business within each of the subject Project Areas whose names and addresses could reasonably be identified by the Agency, not less than thirty (30) days prior to the date of such joint public hearing; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in each of the subject Project Areas and to the California Department of Housing and Community Development; and WHEREAS, the City has independently found and determined that such Plan Amendments are exempt from the provisions of the California Environmental Quality Act ("CEQA"), Public Resources Code Section ("PRC") as a Class 20 categorical exemption pursuant to PRC Sections 21O80(b)(a) and 21084(a) and Section 15320 of the Guidelines promulgated thereunder; the Plan Amendments will result merely in a financial consolidation of the Merged Areas with no potential for significant impact on the environment; and WHEREAS, the City Council has considered the Report to Council from the Agency with regard to the Plan Amendments, has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Plan Amendments and the proposed merger, and has made a written response to each written objection of an affected property owner and taxing entity filed with the City Clerk before the hour set for such joint public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Agency's Report to the City Council on the proposed Plan Amendments, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the subject Plan Amendments held on August 15,2000, that: .3- a -3 DOCSOC\7565 1 7v2\242 12.0003 - ~ a) This Fourth Amendment to the Town Centre No. II Redevelopment Plan conforms to the General Plan of the City ofChula Vista, including, but not limited to, the housing element of the General Plan. b) The implementation of the Plan Amendments and the merger will promote the public peace, health, safety and welfare of the City ofChula Vista and will effectuate the purposes and policies of the Community Redevelopment Law. This finding is based on the fact the merger is and will be of substantial benefit to the community and contribute to the revitalization of blighted areas through increased economic vitality of such areas, specifically the financial benefits and feasibility of the project areas that will accrue due to the merger. c) The merger increases the Agency's financing capacity, resulting in greater funding for the programs and expenditures detailed in the implementation plans for the project areas. Such programs and expenditures include redeveloping major commercial sites, which will revitalize blighted areas through the increased economic vitality of such areas. Such redevelopment can result in the growth of the tax base and increased tax increment revenues. A portion of any growth in tax increment revenues will increase funds to be deposited in the Agency's low and moderate income housing fund, which is used to increase, improve and preserve housing opportunities in or near such areas, as well as assist in meeting the citywide housing goals established by the City Council. d) The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently from housing facilities in the Project Area. The Agency also has a feasible method and plan for its relocation of businesses. This finding is based upon the fact that the Agency has adopted a plan for relocation offamilies, persons and businesses who are displaced by Agency projects, and upon the fact that the plan provides for relocation assistance according to law, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. e) There are, or are being provided, within the Merged Redevelopment Project or within other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. 1) Families and persons shall not be displaced prior to adoption of a relocation plan pursuant to Sections 33411 and 3341 I.I of the Health and Safety Code. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to adoption of a replacement housing plan pursuant to CRL Sections 33334.5, 33413 and 33413.5. Section 2. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City of Chula Vista at the time of their displacement. This finding is based upon the City Council's finding that no persons or families of low and moderate income shall be displaced from residences unless and until there is a DOCSOC\756517v2\24212.0003 J- CI. - 4 - - suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. Section 3. Written objections to Plan Amendments filed with the City Clerk before the hour set for hearing and all written and oral objections presented to the City Council at the hearing having been considered and, in the case of written objections received from Project property owners, residents and businesses and affected taxing agencies, having been responded to in writing, are hereby overruled. Section 4. The Plan Amendments are categorically exempt from the provisions of the California Environmental Quality Act ("CEQA"), Public Resources Code Section ("PRC") as a Class 20 categorical exemption pursuant to PRC Sections 2]080(b)(9) and 21084(a) and Section 15320 of the Guidelines promulgated thereunder; the Plan Amendments will result merely in a financial consolidation of the Merged Areas with no potential for significant impact on the environment. Section 5. That certain "Fourth Amendment to the Redevelopment Plan for the Town Centre No. II Redevelopment Project," a copy of which is on file in the office of the Agency and the office of the City Clerk, having been duly reviewed and considered, is hereby approved and adopted. Section 6. The subject Redevelopment Plan for the Town Centre No. II Redevelopment Project originally adopted by Ordinance No. 1827 on August 15, 1978 and first amended on May 19, 1987, by Ordinance No. 2207 and thereafter on July 19, 1988, by Ordinance No. 2274, and lastly on November 8, ]994 by Ordinance No. 2610 together with this Plan Amendment is hereby designated, approved, and adopted as the official redevelopment plan for the Town Centre II Redevelopment Project and a part of the Merged Redevelopment Project. Section 7. In order to implement and facilitate the effectuation of the Merged Redevelopment Project hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Merged Redevelopment Project, (b) requests the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Merged Redevelopment Project likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the Merged Redevelopment Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Merged Redevelopment Project, and (d) declares its intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be carried out by the City under the provisions of the Merged Redevelopment Project. Section 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Merged Redevelopment Project. Section 9. The City Clerk is hereby directed to record the subject Plan Amendment in the Official Records of San Diego County as promptly as practicable. Section 10. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance and to cause the same to be published in the Chula Vista Star News, a newspaper of general circulation which is published and circulated in the City ofChula Vista. DOCSOC\756517v2\24212.0003 J - C( S- - .. Section 11. If any part of this Ordinance or the subject Plan Amendment which it approves is held to be invalid for any reason, such decision shall not effect the validity of the remaining portion of this Ordinance or of the subject Plan Amendment, and this City Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the subject Plan Amendment if such invalid portion thereof had been deleted, Section 12. This Ordinance shall be in full force and effect thirty (30) days after passage and adoption. PASSED AND ADOPTED at a regular meeting of the City Council held the 22nd day of August, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Mayor City Clerk APPROVED AS TO FORM: City Attorney DOCSOC\756517v2\24212.0003 ~_CL- C, - - STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I" City Clerk of the City ofChula Vista, do hereby certify that the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City ofChula Vista, held on the 15th day of August, 2000, and that the same was duly passed and adopted at a regular meeting of said City Council held on the - day of ,2000, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: And I further certify that the Mayor of the City ofChula Vista signed said Ordinance No. - on the - day of ,2000. In witness whereof, I have hereunto set my hand and affixed the official seal of the City of Chula Vista this - day of ,2000. CITY CLERK OF THE CITY OF CHULA VISTA H:IHOMEICOMMDEV\RESOSITC II Ordinance.DOC DOCSOCI7565 17v21242 12.0003 J -« - 7 - . - IECONO RfADING AND AOOP-D ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA PLAN AND THE MERGER OF THE OTAY V ALLEY ROAD REDEVELOPMENT PROJECT AND THE TOWN CENTRE NO. II REDEVELOPMENT PROJECT, AND THE SOUTHWEST REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF THE COMMUNITY REDEVELOPMENT LAW, HEALTH AND SAFETY CODE SECTION 33485 et seq. WHEREAS, the City Council of the City ofChula Vista (the "City Council") adopted the Redevelopment Plan for the Redevelopment Plan for the Otay Valley Road Redevelopment Project on December 29, 1983 pursuant to Ordinance No. 2059; the Town Centre No. II Redevelopment Project on August 15, 1978 pursuant to Ordinance No. 1827; and the Redevelopment Plan for the Southwest Redevelopment Project on November 27, 1990 pursuant to Ordinance No. 2420; and WHEREAS, the City Council proposes to amend these three existing redevelopment plans ("Redevelopment Plans") for the above described projects ("Plan Amendments") for the purpose of merging the three projects for financing purposes as pennitted by Sections 33485-33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq. ("CRL"); and WHEREAS, the Otay Valley Road Redevelopment Project was adopted on December 20, 1983 by City Council Ordinance No. 2059 and was amended on November 8, 1994 by Ordinance No. 2611; and WHEREAS, this amendment is the second amendment ("Second Amendment") to the Redevelopment Plan for the Otay Valley Road Redevelopment Project and the purpose of this proposed Plan Amendment is to merge the Otay Valley Road Project with the Town Centre No. II Redevelopment Project and the Southwest Redevelopment Project (collectively, the "Merged Redevelopment Project") pursuant to CRL Article 16, Section 33485 et seq.; and WHEREAS, although each of the proposed Plan Amendments will be considered and adopted separately pursuant to the CRL, to facilitate their consideration the Plan Amendments have been aggregated and presented together in a single joint public hearing on the proposed merger; and WHEREAS, this Ordinance relates to the amendment of the Otay Valley Road Redevelopment Project and the merger of that Redevelopment Project Area together with the Redevelopment Plan for the Town Centre No. II Redevelopment Project and the Redevelopment Plan for the Southwest Redevelopment Project (collective "Merged Area"); and WHEREAS, the Otay Valley Road Redevelopment Project by this Ordinance shall be merged with the Town Centre No. II Redevelopment Project and the Southwest Redevelopment Project so that taxes attributable to each constituent project area which are allocated to the Agency pursuant to Section 33670(b) of the CRL are to be allocated to the entire Merged Redevelopment Project area for the purpose of paying principal of, and interest on, indebtedness incurred by the Agency to finance or refinance, in whole or in part, the Merged Redevelopment Project; except that DOCSOC\756518v2\24212.0003 -.3 -b - ( - - any such taxes attributable to any constituent project area shall first be used to pay indebtedness in compliance with the terms of any bond resolution or other agreement pledging such taxes from the constituent project area, which resolution or other agreement was adopted or approved by the Agency prior to the merging of these three projects; and except as otherwise noted above, tax increment revenue attributed to each constituent project may be used for any lawful purpose in any constituent project now within the Merged Redevelopment Project; and WHEREAS, for financing purposes and for any other purposes permitted or required by law, the three constituent projects that have been merged by the respective Plan Amendments together and collectively, shall be called the "Merged Redevelopment Project", and the three constituent project areas together and collectively, shall be called the "Merged Redevelopment Project Area". WHEREAS, the City Council has received from the Redevelopment Agency of the City of Chula Vista (the "Agency") the proposed Second Amendment to the Otay Road Redevelopment Project, a copy of which is on file at the office of the City Clerk, together with the Agency's Report to City Council including the reasons for such Plan Amendment; and WHEREAS, a Project Area Committee was not required to be formed in connection with the subject Plan Amendment because such does not affect the existing authority to the Agency to acquire, by eminent domain, property on which a substantial number of low and moderate income persons reside and because the subject Plan Amendment does not grant the Agency authority to fund or develop any additional public projects that will displace a substantial number of low income persons or moderate income persons; and WHEREAS, the subject Plan Amendment would have no impact on the General Plan for the City ofChula Vista because it only merges the existing Redevelopment Plans into the Merged Redevelopment Project; and WHEREAS, in conformity with the requirements ofCRL Section 33490, the Agency has previously adopted and has in place an implementation plan for each Project Area that describes the redevelopment project area, the specific goals and objectives for the project area, and the specific programs, including potential projects and estimated expenditures proposed during the five (5) year term of each Implementation Plan, and further, each implementation plan includes an explanation of how the goals, objectives, programs, and expenditures will eliminate blight in the project area and implement the affordable housing requirements of the CRL; and WHEREAS, the implementation plans in place are current for the five year period 2000 through 2004, and do not require amendment in connection with the plan amendments or these merger proceedings; and WHEREAS, the proceedings for the merger of the three project areas have proceeded pursuant to and in conformity with CRL Section 33486 through the proposed amendment of each affected redevelopment plan for each project area as provided in Article 12 of the CRL, Section 33450, et seq.; and WHEREAS, Section 33457. I of Article 12 provides that to the extent warranted by a proposed amendment to a redevelopment plan, the reports and information required by Section 33352 and 33367 will be prepared; and DOCSOC\756518vZ\2421Z.0003 -3 - ¡; -d- - - WHEREAS, the City Council and the Agency held ajoint public hearing on August 15, 2000 on the proposed adoption of the Plan Amendments in the City Council Chambers, City Hall 476 Fourth Avenue, Chula Vista, California; and WHEREAS, notice of said joint public hearing was duly and regularly published in the Chula Vista Star News, a newspaper of general circulation in the City of Chula Vista, pursuant to the provisions of Government Code 6063 and CRL Section 33452, once a week for three successive weeks prior to the date of such joint public hearing, and a copy of said notices is on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to the last known address of each assessee as shown on the last equalized assessment roll of the County of San Diego for each parcel of land in each of the subject Project Areas, and to each resident and business within each of the subject Project Areas whose names and addresses could reasonably be identified by the Agency, not less than thirty (30) days prior to the date of such joint public hearing; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in each of the subject Project Areas and to the California Department of Housing and Community Development; and WHEREAS, the City has independently found and determined that such Plan Amendments are exempt from the provisions of the California Environmental Quality Act ("CEQA"), Public Resources Code Section ("PRC") as a Class 20 categorical exemption pursuant to PRC Sections 21080(b)(a) and 21084(a) and Section 15320 of the Guidelines promulgated thereunder; the Plan Amendments will result merely in a financial consolidation of the Merged Areas with no potential for significant impact on the environment; and WHEREAS, the City Council has considered the Report to Council from the Agency with regard to the Plan Amendments, has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Plan Amendments and the proposed merger, and has made a written response to each written objection of an affected property owner and taxing entity filed with the City Clerk before the hour set for such joint public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Agency's Report to the City Council on the proposed Plan Amendments, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the subject Plan Amendments held on August 15, 2000, that: a) The Second Amendment to the Otay Valley Road Redevelopment Project conforms to the General Plan of the City ofChula Vista, including, but not limited to, the housing element of the General Plan. DOCSOC\ 756518v2\24212.0003 3-¿ -3 - - b) The implementation of the Plan Amendments and the merger will promote the public peace, health, safety and welfare of the City ofChula Vista and will effectuate the purposes and policies ofthe Community Redevelopment Law. This finding is based on the fact the merger is and will be of substantial benefit to the community and contribute to the revitalization of blighted areas through increased economic vitality of such areas, specifically the financial benefits and feasibility of the project areas that will accrue due to the merger. c) The merger increases the Agency's financing capacity, resulting in greater funding for the programs and expenditures detailed in the implementation plans for the project areas. Such programs and expenditures include redeveloping major commercial sites, which will revitalize blighted areas through the increased economic vitality of such areas. Such redevelopment can result in the growth of the tax base and increased tax increment revenues. A portion of any growth in tax increment revenues will increase funds to be deposited in the Agency's low and moderate income housing fund, which is used to increase, improve and preserve housing opportunities in or near such areas, as well as assist in meeting the citywide housing goals established by the City Council. d) The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently from housing facilities in the Project Area. The Agency also has a feasible method and plan for its relocation of businesses. This finding is based upon the fact that the Agency has adopted a plan for relocation of families, persons and businesses who are displaced by Agency projects, and upon the fact that the plan provides for relocation assistance according to law, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. e) There are, or are being provided, within the Merged Redevelopment Project or within other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. 1) Families and persons shall not be displaced prior to adoption of a relocation plan pursuant to Sections 33411 and 3341 J.1 of the Health and Safety Code. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to adoption of a replacement housing plan pursuant to CRL Sections 33334.5, 33413 and 33413.5. Section 2. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City ofChula Vista at the time of their displacement. This finding is based upon the City Council's finding that no persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. DOCSOC\756518v2\24212.0003 -3-£' c( - - Section 3. Written objections to Plan Amendments filed with the City Clerk before the hour set for hearing and all written and oral objections presented to the City Council at the hearing having been considered and, in the case of written objections received from Project property owners, residents and businesses and affected taxing agencies, having been responded to in writing, are hereby overruled. Section 4. The Plan Amendments are categorically exempt from the provisions of the California Environmental Quality Act ("CEQA"), Public Resources Code Section ("PRC") as a Class 20 categorical exemption pursuant to PRC Sections 21 080(b )(9) and 21 084(a) and Section 15320 of the Guidelines promulgated thereunder; the Plan Amendments will result merely in a financial consolidation of the Merged Areas with no potential for significant impact on the environment. Section 5. That certain "Second Amendment to the Otay Valley Road Redevelopment Project," a copy of which is on file in the office of the Agency and the office of the City Clerk, having been duly reviewed and considered, is hereby approved and adopted. Section 6. The subject Redevelopment Plan for the Otay Valley Road Redevelopment Project originally adopted on December 20, 1983, by City Council Ordinance No. 2059 and was amended on November 8, 1994 by Ordinance No. 2611 together with this Plan Amendment is hereby designated, approved, and adopted as the official redevelopment plan for the Otay Valley Road Redevelopment Project and a part of the Merged Redevelopment Project. Section 7. In order to implement and facilitate the effectuation of the Merged Redevelopment Project hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Merged Redevelopment Project, (b) requests the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Merged Redevelopment Project likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the Merged Redevelopment Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Merged Redevelopment Project, and (d) declares its intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be carried out by the City under the provisions of the Merged Redevelopment Project. Section 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Merged Redevelopment Project. Section 9. The City Clerk is hereby directed to record the subject Plan Amendment in the Official Records of San Diego County as promptly as practicable. Section 10. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance and to cause the same to be published in the Chula Vista Star News, a newspaper of general circulation which is published and circulated in the City ofChula Vista. Section 11. If any part of this Ordinance or the subject Plan Amendment which it approves is held to be invalid for any reason, such decision shall not effect the validity of the remaining portion of this Ordinance or of the subject Plan Amendment, and this City Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the subject Plan Amendment if such invalid portion thereof had been deleted. OOCSOC\756518v2\24212.0003 -3 /; -S- - - Section 12. This Ordinance shall be in full force and effect thirty (30) days after passage and adoption. PASSED AND ADOPTED at a regular meeting of the City Council held the 22nd day of August, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCIL MEMBERS: Mayor City Clerk APPROVED AS TO FORM: City Attorney DOCSOC\756518v2\24212.0003 36 - ro - - STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I" City Clerk of the City ofChula Vista, do hereby certify that the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City ofChula Vista, held on the 15th day of August, 2000, and that the same was duly passed and adopted at a regular meeting of said City Council held on the - day of ,2000, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: And I further certify that the Mayor of the City of Chula Vista signed said Ordinance No. - on the - day of ,2000. In witness whereof, I have hereunto set my hand and affixed the official seal of the City of Chula Vista this - day of ,2000. CITY CLERK OF THE CITY OF CHULA VISTA H:\HOME\COMMDEV\RESOS\OVR ORDINANCE.DOC DOCSOC\7565 I 8v2\24212.0003 -it ~ 7 - - SECOND READING AND ADOPTION ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE THIRD AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PROJECT AREA PLAN AND THE MERGER OF THE SOUTHWEST REDEVELOPMENT PROJECT AND TOWN CENTRE NO. II REDEVELOPMENT PROJECT AND THE OT A Y VALLEY ROAD REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF THE COMMUNITY REDEVELOPMENT LAW, HEALTHAND SAFETY CODE SECTION 33485 et seq. WHEREAS, the City Council of the City ofChula Vista (the "City Council") adopted the Redevelopment Plan for the Southwest Redevelopment Project on November 27, 1990 pursuant to Ordinance No. 2420, and the Town Centre No. 11 Redevelopment Project on August 15, 1978 pursuant to Ordinance No, 1827 and the Redevelopment Plan for the Otay Valley Road Redevelopment Project on December 29, 1983 pursuant to Ordinance No. 2059; and WHEREAS, the City Council proposes to amend these three existing redevelopment plans ("Redevelopment Plans") for the above described projects ("Plan Amendments") for the purpose of merging the three projects for financing purposes as permitted by Sections 33485-33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq. ("CRL"); and WHEREAS, the Redevelopment Plan for the Southwest Redevelopment Project was originally adopted on November 27, 1990 by City Council Ordinance No. 2420 and such plan and project was amended on July 9, 1991 by Ordinance No. 2467 and amended on November 8, 1994 by Ordinance No. 2612; and WHEREAS, the amendment carried out by this Ordinance is the third amendment ("Third Amendment") to the Redevelopment Plan for the Southwest Redevelopment Project; and WHEREAS, the purpose of this proposed Third Amendment is to merge the Southwest Redevelopment Project with the Town Centre No. II Redevelopment Project and the Otay Valley Road Redevelopment Project (collectively, the "Merged Redevelopment Project") pursuant to CRL Article 16, Section 33485, et seq.; and WHEREAS, although each of the proposed Plan Amendments will be considered and adopted separately pursuant to the CRL, to facilitate their consideration the Plan Amendments have been aggregated and presented together in a single joint public hearing on the proposed merger; and WHEREAS, this Ordinance relates to the amendment ofthe Southwest Redevelopment Project and the merger of that Redevelopment Project Area together with the Redevelopment Plan for the Town Centre No. 11 Redevelopment Project and the Otay Valley Road Redevelopment Project (collective "Merged Area"); and WHEREAS, the Southwest Redevelopment Project by this Ordinance shall be merged with the Town Centre No. II Redevelopment Project and the Otay Valley Road Redevelopment Project so that taxes attributable to each constituent project area which are allocated to the Agency pursuant to OOCSOC\ 756520v2\24212.0003 Jc - ( - .. Section 33670(b) of the CRL are to be allocated to the entire Merged Redevelopment Project area for the purpose of paying principal of, and interest on, indebtedness incurred by the Agency to finance or refinance, in whole or in part, the Merged Redevelopment Project; except that any such taxes attributable to any constituent project area shall first be used to pay indebtedness in compliance with the terms of any bond resolution or other agreement pledging such taxes from the constituent project area, which resolution or other agreement was adopted or approved by the Agency prior to the merging of these three projects; and except as otherwise noted above, tax increment revenue attributed to each constituent project may be used for any lawful purpose in any constituent project now within the Merged Redevelopment Project; and WHEREAS, for financing purposes and for any other purposes permitted or required by law, the three constituent projects that have been merged by the respective Plan Amendments together and collectively, shall be called the "Merged Redevelopment Project", and the three constituent project areas together and collectively, shall be called the "Merged Redevelopment Project Area". WHEREAS, the City Council has received from the Redevelopment Agency of the City of Chula Vista (the "Agency") the proposed Third Amendment to the Southwest Redevelopment Project, a copy of which is on file at the office of the City Clerk, together with the Agency's Report to City Council including the reasons for such Plan Amendment; and WHEREAS, a Project Area Committee was not required to be formed in connection with the subject Plan Amendment because such does not affect the existing authority to the Agency to acquire, by eminent domain, property on which a substantial number of low and moderate income persons reside and because the subject Plan Amendment does not grant the Agency authority to fund or develop any additional public projects that will displace a substantial number of low income persons or moderate income persons; and WHEREAS, the subject Plan Amendment would have no impact on the General Plan for the City ofChula Vista because it only merges the existing Redevelopment Plans into the Merged Redevelopment Project; and WHEREAS, in conformity with the requirements of CRL Section 33490, the Agency has previously adopted and has in place an implementation plan for each Project Area that describes the redevelopment project area, the specific goals and objectives for the project area, and the specific programs, including potential projects and estimated expenditures proposed during the five (5) year term of each Implementation Plan, and further, each implementation plan includes an explanation of how the goals, objectives, programs, and expenditures will eliminate blight in the project area and implement the affordable housing requirements of the CRL; and WHEREAS, the implementation plans in place are current for the five year period 2000 through 2004, and do not require amendment in connection with the plan amendments or these merger proceedings; and WHEREAS, the proceedings for the merger of the three project areas have proceeded pursuant to and in conformity with CRL Section 33486 through the proposed amendment of each affected redevelopment plan for each project area as provided in Article 12 of the CRL, Section 33450, et seq.; and DOCSOC\ 756520v2\24212.0003 ..3c-d- - .. WHEREAS, Section 33457.1 of Article 12 provides that to the extent warranted by a proposed amendment to a redevelopment plan, the reports and information required by Section 33352 and 33367 will be prepared; and WHEREAS, the City Council and the Agency held a joint public hearing on August 15, 2000 on the proposed adoption of the Plan Amendments in the City Council Chambers, City Hall 476 Fourth Avenue, Chula Vista, California; and WHEREAS, notice of said joint public hearing was duly and regularly published in the Chula Vista Star News, a newspaper of general circulation in the City of Chula Vista, pursuant to the provisions of Government Code 6063 and CRL Section 33452, once a week for three successive weeks prior to the date of such joint public hearing, and a copy of said notices is on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to the last known address of each assessee as shown on the last equalized assessment roll of the County of San Diego for each parcel ofland in each of the subject Project Areas, and to each resident and business within each of the subject Project Areas whose names and addresses could reasonably be identified by the Agency, not less than thirty (30) days prior to the date of such joint public hearing; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in each of the subject Project Areas and to the California Department of Housing and Community Development; and WHEREAS, the City has independently found and determined that such Plan Amendments are exempt from the provisions of the California Environmental Quality Act ("CEQA"), Public Resources Code Section ("PRC") as a Class 20 categorical exemption pursuant to PRC Sections 21080(b)(a) and 21084(a) and Section 15320 of the Guidelines promulgated thereunder; the Plan Amendments will result merely in a financial consolidation of the Merged Areas with no potential for significant impact on the environment; and WHEREAS, the City Council has considered the Report to Council from the Agency with regard to the Plan Amendments, has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Plan Amendments and the proposed merger, and has made a written response to each written objection of an affected property owner and taxing entity filed with the City Clerk before the hour set for such joint public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Agency's Report to the City Council on the proposed Plan Amendments, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the subject Plan Amendments held on August 15,2000, that: DOCSOC\ 756520v2\24212.0003 3c -3 - - a) The Third Amendment to the Southwest Redevelopment Project conforms to the General Plan of the City ofChula Vista, including, but not limited to, the housing element of the General Plan. b) The implementation of the Plan Amendments and the merger will promote the public peace, health, safety and welfare of the City ofChula Vista and will effectuate the purposes and policies of the Community Redevelopment Law. This finding is based on the fact the merger is and will be of substantial benefit to the community and contribute to the revitalization of blighted areas through increased economic vitality of such areas, specifically the financial benefits and feasibility of the project areas that will accrue due to the merger. c) The merger increases the Agency's financing capacity, resulting in greater funding for the programs and expenditures detailed in the implementation plans for the project areas. Such programs and expenditures include redeveloping major commercial sites, which will revitalize blighted areas through the increased economic vitality of such areas. Such redevelopment can result in the growth of the tax base and increased tax increment revenues. A portion of any growth in tax increment revenues will increase funds to be deposited in the Agency's low and moderate income housing fund, which is used to increase, improve and preserve housing opportunities in or near such areas, as well as assist in meeting the citywide housing goals established by the City Council. d) The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently from housing facilities in the Project Area. The Agency also has a feasible method and plan for its relocation of businesses. This finding is based upon the fact that the Agency has adopted a plan for relocation offamilies, persons and businesses who are displaced by Agency projects, and upon the fact that the plan provides for relocation assistance according to law, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. e) There are, or are being provided, within the Merged Redevelopment Project or within other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. t) Families and persons shall not be displaced prior to adoption of a relocation plan pursuant to Sections 3341 I and 3341 I.l of the Health and Safety Code. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to adoption of a replacement housing plan pursuant to CRL Sections 33334.5, 33413 and 33413.5. Section 2. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City of Chula Vista at the time of their displacement. This finding is based upon the City Council's finding that no persons or families of low and moderate income shall be displaced from residences unless and until there is a DOCSOC\ 756520v2\24212.0003 3c -4 - - suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. Section 3. Written objections to Plan Amendments filed with the City Clerk before the hour set for hearing and all written and oral objections presented to the City Council at the hearing having been considered and, in the case of written objections received from Project property owners, residents and businesses and affected taxing agencies, having been responded to in writing, are hereby overruled. Section 4. The Plan Amendments are categorically exempt from the provisions of the California Environmental Quality Act ("CEQA"), Public Resources Code Section ("PRC") as a Class 20 categorical exemption pursuant to PRC Sections 2]080(b)(9) and 21O84(a) and Section 15320 of the Guidelines promulgated thereunder; the Plan Amendments will result merely in a financial consolidation of the Merged Areas with no potential for significant impact on the environment. Section 5. That certain "Third Amendment to the Redevelopment Plan for the Southwest Redevelopment Project," a copy of which is on file in the office ofthe Agency and the office of the City Clerk, having been duly reviewed and considered, is hereby approved and adopted. Section 6. The subject Redevelopment Plan for the Southwest Redevelopment Project originally adopted on November 27, ] 990, by City Council Ordinance No. 2420 and amended on July 9, ]991, by Ordinance No. 2467 and amended on November 8, ]994 by Ordinance No. 26]2 together with this Plan Amendment is hereby designated, approved, and adopted as the official redevelopment plan for the Southwest Redevelopment Project and a part of the Merged Redevelopment Project. Section 7. ]n order to implement and facilitate the effectuation of the Merged Redevelopment Project hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Merged Redevelopment Project, (b) requests the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Merged Redevelopment Project likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the Merged Redevelopment Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Merged Redevelopment Project, and (d) declares its intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be carried out by the City under the provisions of the Merged Redevelopment Project. Section 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Merged Redevelopment Project. Section 9. The City Clerk is hereby directed to record the subject Plan Amendment in the Official Records of San Diego County as promptly as practicable. Section 10. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance and to cause the same to be published in the Chula Vista Star News, a newspaper of general circulation which is published and circulated in the City ofChula Vista. DOCSOC\756520v2\242 12.0003 J C - ç Section 11. If any part of this Ordinance or the subject Plan Amendment which it approves is held to be invalid for any reason, such decision shall not effect the validity of the remaining portion of this Ordinance or of the subject Plan Amendment, and this City Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the subject Plan Amendment if such invalid portion thereof had been deleted. Section 12. This Ordinance shall be in full force and effect thirty (30) days after passage and adoption. PASSED AND ADOPTED at a regular meeting of the City Council held the 22"d day of August, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Mayor City Clerk APPROVED AS TO FORM: City Attorney OOCSOC\ 756520v2\24212.0003 3C-b - .. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I" City Clerk ofthe City ofChula Vista, do hereby certify that the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City ofChula Vista, held on the 15th day of August, 2000, and that the same was duly passed and adopted at a regular meeting of said City Council held on the - day of ,2000, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: And I further certify that the Mayor of the City of Chula Vista signed said Ordinance No. - on the - day of ,2000. In witness whereof, I have hereunto set my hand and affixed the official seal of the City of Chula Vista this - day of ,2000. CITY CLERK OF THE CITY OF CHULA VISTA H:\HOME\COMMDEV\RESOS\SW ORDINANCE.DOC DOCSOC\ 756520v2\24212.0003 Jc- 7 - '" REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: 4 MEETING DATE: 08/22/00 ITEM TITLE: PUBLIC HEARING: TO CONSIDER GRANTING A SPECIAL USE PERMIT TO ALLOW A PEAK LOAD POWER PLANT ON THE PROPERTY LOCATED AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CERTIFYING MITIGATED NEGATIVE DECLARATION IS-OO-39 AND APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT TO ALLOW THE SITING OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET. RESOLUTION OF THE REDEVELOPMENT AGENCY APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PG&E DISPERSED GENERATING COMPANY, LLC FOR THE CONSTRUCTION OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR ~{'D ~ REVIEWED BY: EXECUTIVE DIRECTOR {¡It.. ~;1/ vc' 4/STHS VOTE: YESDNO0 BACKGROUND The applicant, PG&E Dispersed Generating Company, LLC, is requesting approval of a Special Use Permit and design plans for the construction of a Peak Load Power Plant, which involves the installation of electrical generating equipment, on a 3.5 acre property located south of Main Street and Albany Avenue close to the Otay River Valley (see Locator Map attached to OPA). The Planning and Environmental Manager of the Community Development Department has prepared an Initial Study and has determined that project specific mitigation measures are required to reduce potential environmental impacts identified in the Initial Study to a less than significant level. A Mitigated Negative Declaration (copy attached) was prepared in accordance with the requirements of the California Environmental Quality Act Since the proposed proiect is within the Southwest Redevelopment Project Area, the environmental document, the Special Use Permit, and an Owner Participation Agreement (which includes the design plans and a list of conditions) are being presented to the Redevelopment Agency for consideration and approval. 4 - ( - '1 PAGE 2, ITEM NO.: MEETING DATE: 08/22/00 RECOMMENDATION It is recommended that the Redevelopment Agency hold the required public hearing, take public testimony, if any, and adopt the Negative Declaration, grant the Special Use Permit, and approve the Owner Participation Agreement for the construction of the proposed Peak Load Power Plant. BOARDS/COMMISSIONS RECOMMENDATION On July 17, 2000, the Resource Conservation Commission reviewed and unanimously recommended certification of Mitigated Negative Declaration IS-00-39 (no minutes were available as of the writing of this report). At its meeting of August 7, 2000, the Design Review Committee reviewed the proposed project and recommended that the Redevelopment Agency approve it, subiect to conditions (no minutes were available as of the writing of this report). The proposal was also presented to the Planning Commission at its meeting of August 9, 2000. The Commission recommended the Agency grant the Special Use Permit (no minutes were available as of the writing of this report). DISCUSSION Site Characteristics The proiect site is located at 3497 Main Street in the Southwest Redevelopment Area in the City of Chula Vista. The property consists of one parcel of approximately 3.52 acres that has no frontage on Main Street. The property is approximately 835 feet south of Main Street. A 20 foot wide private easement road provides access to the site. The site is currently vacant and essentially level. It was used most recently as an operation and storage yard for three businesses; a house moving company, a sandblasting company, and an auto towing company. These businesses had moved out of the site by the time the application for the proposed project was submitted to the City for consideration. The site drains to the south and west into the Otay River and the future Otay Valley Regional Park. Proposed Proiect The proposed Peak Load Power Plant is an electrical power generation plant designed to meet the local and regional electrical requirements as well as providing for regional transmission system and local distribution grid support. Peak Load plants' main function is to produce additional electrical power during periods of high demand, and thus function as support for the regular power generation and distribution system. During periods of low demand, Peak Load plants may remain inoperative. The proposed plant comes in at a time when the results of an inadequate generation and distribution of electricity can most clearly be seen, as the increased 4-d.- - ~ PAGE 3, ITEM NO.: MEETING DATE: 08/22/00 demand for electricity (due to high temperatures) cannot be met. The proposed plant will produce electricity that will contribute to close the gap between supply and demand. The planned facility consists of one natural gas twinpak combustion turbine, gas compressor, electrical generator, and associated equipment (see copy of design plans attached to OPA). An underground gas pipeline in the access road will connect to the existing gas pipeline in Main Street. No fuel will be stored on site. The site is not proposed to be paved. The entire property is proposed to be surrounded by a 10' high chain link fence with opaque screening slats and landscaping on the outside. The air cooled gas turbine (approximately 70 feet in length, 15 feet wide, and 11 feet high) is proposed to be within an enclosure 100 feet in width, 80 feet long, and 25 feet high. Water use will be limited to on-site domestic use, inlet chilling and combustor water injection (if utilized). Small cooling towers will be required for the inlet chilling system. The turbine will be fitted with air pollution control equipment, noise suppression devices and exhaust stack. The Selective Catalytic Reduction air pollution control equipment will use ammonia injection and will be approximately 70 feet in length, 35 feet wide, and 40 feet high. The exhaust stack will be 15 feet wide, 20 feet long, and 45 feet high. A nuisance fluid (turbine and gear box seepage) collection system and storage vault will be located within the turbine enclosure. The fluids will be removed by a licensed disposal firm on an as-needed basis. An onsite electrical substation will transform the electrical output to 69,000 volts. The facility will tap into the existing 69,000 volt line along the eastern edge of the site. This overhead 69,000 volt transmission line may require upgrading with larger, higher capacity wires. If required, San Diego Gas and Electric would be responsible for the re-wiring. The facility will be unmanned and remotely operated by PG&E. PG&E personnel or a local subcontractor will routinely inspect, service, and maintain the facility. It is anticipated that operating and maintenance personnel will visit the facility 2 to 3 times per week. Vehicular traffic will be limited to operating and maintenance vehicles. Major overhauls of the turbine generators and pollution control equipment will occur every two years and require 2 to 3 weeks to complete by a crew of 10 to 15 technicians. land Use Desianation The zoning on the currently vacant site (limited Industrial) allows public and quasi public uses, like a peak load power plant, through a Special Use Permit. The properties to the north and east are occupied by auto storage and dismantling activities. A vacant lot is located to the west and was previously used as a trailer storage yard. The Otay River is located to the south. With the approval of the Special Use Permit (and the conditions listed in the Agency Resolution) the proposed project is determined to be consistent with the Zoning Ordinance, the Montgomery Specific Plan, and the General Plan of the City of Chula Vista. 4-3 . ~ PAGE 4, ITEM NO.: MEETING DATE: 08/22/00 Landscapina and Screenina As the site is located over 800 feet south of Main Street, its visibility from a public viewpoint is limited by distance. Additionally, the applicant is proposing a 10 foot chain link fence with opaque screening araund the project and a landscape screen of Brisbane Box (tristania conferata) trees immediately adjacent on the exterior. The Engineering Division has noted the existence of a sewer easement near the north property line and has conditioned the plan to not plant immediotely upon that easement. The applicant is aware of this condition and will comply. Prior to issuance of a building permit, a landscape plan addressing the above issue will be submitted to the City Landscape Planner for review and approval. Architecture The Chula Vista Design Manual page IV-8 states, "The architecture should consider compatibility with surrounding character, including harmonious building style, color, material and roofline. In developed areas, new projects should meet or exceed the standards of quality which have been set by surrounding development." The Design Review Committee recommended that the components of the facility, namely the building enclosure and the Selective Catalytic Reduction equipment, be painted with earth tones, such as light browns and greens, to blend with the landscape materials to be planted. The proposed steel building will be compatible with and meet or exceed the standards of quality of the surrounding development. Public Review As part of the processing of the proposed proiect, Community Development staff and the Applicant held a public forum at the Otay Community Center building (located next to Otay Elementary School and the Otay Recreation Center) to present the proposed proiect to the community and hear comments or concerns. Notice (in English and Spanish) of the forum was sent two weeks in advance to all property owners and tenants within an approximate radius of 900 feet from the subject site (the legal requirement is for a 300 feet radius). Only one person who lives on L Street attended the meeting. No correspondence or inquiries have been received by stoff on this project. Also, the public hearings by the Design Review Committee, Planning Commission, and Redevelopment Agency were published in the Star News and the notice was sent to the property owners and tenants in the area. CONCLUSION Based on the previous discussion, stoff's conclusion is that the proposed project will represent on improvement for the area. The project has been designed to minimize its impacts and provide significant landscape enhancements to the site. It is staff's opinion that the construction of the proposed project will be beneficial for the City far the following reasons: it will generate electricity that will contribute to close the gap between the current high demand and short supply of electrical power in our region; it will put a vacant parcel to a higher and better use and bring new development to the area; it will enhance a site surrounded by auto dismantling and storage uses by providing an adequate combination of trees, shrubs, and ground covers; and it will contribute to the elimination of blighting influences, which furthers the goals and objectives of the Southwest Redevelopment Plan. L!- c/ - - PAGE 5, ITEM NO.: MEETING DATE: 08/22/00 FISCAL IMPACT The total estimated proiect valuation is approximately $15,000,000. This will generate tax increment revenues of approximately $150,000, which will be distributed as follows: Twenty percent ($30,000) for the Housing Set-Aside fund; of the remaining $120,000, fifty three percent ($63,600) will be allocated to other taxing entities as part of the tax sharing pass thru agreements; the rest ($56,400) will accrue to the Southwest Redevelopment Project Area fund. Should the proposed power plant be subject to Utilities Users Tax, additional revenue will be generated for the City. AnACHMENTS 1. Negative Declaration IS-00-39 2. Owner Participation Agreement with the following: Exhibit A - Design Plans Exhibit B - Conditions of Approval Exhibit C - Locator Map H,\HOME\COMMDEV\STAFF.REP\O8-22-00\PG&E Peak Load Generation Plant. doc ¿i- S- . ~ RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CERTIFYING MITIGATED NEGATIVE DECLARATION IS-00-39 AND APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT TO ALLOW THE SITING OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET. A. RECITALS 1. Project Site WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 3497 Main Street ("Project Site"); and, 2. Project Applicant WHEREAS, on March 21, 2000 a duly verified application for a special use permit to allow the siting of a Peak Load Power Plant (SUPS-00-08) was filed with the City of Chula Vista Community Development Department by PG&E Dispersed Generation (Applicant); and 3. Project Description; Application for Special Use Permit WHEREAS, applicant requests permission to site a Peak Load Power Plant at the project site. The planned facility would consist of one natural gas twinpak combustion turbine, gas compressor, electrical generator, and associated equipment within the perimeter of the property fenced and screened by landscaping; and, 4. Planning Commission Record on Application WHEREAS, the Planning Commission held a duly noticed Public Hearing to consider said application on August 9, 2000, and after considering all evidence and testimony presented recommended by a vote of 6-0 that the Redevelopment Agency approve the Special Use Permit; and, 5. Redevelopment Agency Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the Redevelopment Agency of the City of Chula Vista on August 22, 2000 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency does hereby Certify the Mitigated Negative Declaration and Approve the Special Use Permit based on the following findings and subject to the following conditions: 4-~ - '"' 8, PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on August 9, 2000 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding, C. ENVIRONMENTAL DETERMINATION WHEREAS, the Planning and Environmental Manager prepared an Initial Study, and determined that project specific mitigation measures are required to reduce potential environmental impacts identified in the initial study to a less than significant level. A Mitigated Negative Declaration was prepared; and, D. CERTIFICATION OF COMPLIANCE WITH CEQA WHEREAS, the Redevelopment Agency finds that the Mitigated Negative Declaration has been prepared in accordance with the requirements of the California Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista; and, WHEREAS, the Redevelopment Agency finds that the Mitigated Negative Declaration reflects the independent judgement of the Redevelopment Agency of the City of Chula Vista and hereby adopts the Mitigated Negative Declaration. E, SPECIAL USE PERMIT FINDINGS The Redevelopment Agency of the City of Chula Vista does hereby make the findings required by the Agency's Rules and Regulations for the issuance of special use permits, as herein below set forth, and set forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed peak load power plant is necessary to provide additional sources of energy to the community during peak load opportunities from a modern efficient facility. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. An environmental analysis was performed for the project site in accordance with the provisions of the California Environmental Quality Act. As a result of that environmental analysis specific mitigation conditions have been placed upon the project. Said conditions are included in the Mitigated Negative Declaration for the project and are incorporated herein as conditions of approval for SUPS-DO-DB, 4-1 . .. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Special Use Permit SUPS-DO-DB requires the permittee to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of SUPS-DO-DB is approximately proportional both in nature and in extent to the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. 4. That the granting of this special use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of SUPS-DO-DB will not adversely affect the Chula Vista General Plan in that said project is in conformance with the City Zoning Ordinance and General Plan. The site is in an area that is characterized by commercial and industrial uses, and as previously noted in Finding 2, has been conditioned to mitigate potential impacts. F. CONDITIONS OF APPROVAL The Redevelopment Agency hereby grants Special Use Permit SUPS-DO-DB subject to the following conditions whereby the applicant and/or property owner shall: Planning and Building Department Conditions: 1. Prior to the issuance of building permits, the project landscape and irrigation plan shall be reviewed and approved by the City Landscape Planner. 2. Prior to the issuance of a Certificate of Occupancy for the new structures, all landscaping shall be installed in accordance with the approved landscaping plan. 3. Any designated parking areas on the site shall provide a landscape treatment of 10% minimum per the Chula Vista Landscape Manual. The site plan does not at this time identify any designated parking areas. However, if in the future parking areas are created then this will be a requirement. 4. If at any point in the future the designated easement becomes a designated street and right-of- way, then additional landscaping may be required within the right-of-way. 5. Opportunities for vine pocket plantings should be looked at by the Landscape Architect. There should be isolated pockets of vine plantings along the proposed fencing. 6. Provide some vine plantings along the proposed fencing. 7. A water management plan shall be provided at the building permit stage, per requirements of the City Landscape Manual. 4- 'i . .. 8. At the building permit stage, a complete planting and irrigation plan per the City Landscape Manual will be required. 9. Construct the project as submitted, unless otherwise modified herein. 10. All mitigation measures identified within the Mitigated Negative Declaration for the project shall be complied with to the satisfaction of the Director of Planning and Building in perpetuity. Public Works Department Conditions 11. Developer shall dedicate land for street right-of-way, including turnaround, sufficient to construct half of an industrial street in accordance with the City's adopted street standards at the time of dedication. Such dedication shall be made upon Developer or Developer's successor in interest acquiring a fee interest in the Property and the request of the Agency. 12. The following fees will be required if appropriate or if applicable, including but not limited to those fees identified beiow, based on the final building plans submitted. a. Sewer capacity and connection fees. b. Development Impact Fees c. Traffic Signal Fees 13. The Engineering Division will require the applicant to obtain a construction permit to perform any work in the City's right of way or easements. 14. A grading permit will be required prior to issuance of any building permit. Specific means of handling storm runoff will be addressed at the time of the grading plan review. All runoff will be subject to NPDES regulations. Hazardous materials will not be allowed to drain onto surrounding property. 15. Existing public sewer lines shall remain protected and driveable access shall be provided to all sewer manholes located on the property. Sewer easements shall be granted for all existing sewer lines on the property not within an existing easement. Fire Department Conditions 16. A 20' minimum width Fire access is required with an all weather driving surface. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City and Redevelopment Agency, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and b) Applicant's installation and operation of the facility permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Special Use Permit where indicated below. Applicant/operator's compliance with this provision is an express condition of this Special Use Permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 4- 9 - .. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The applicant shall execute this document by signing the lines provided below, said execution indicating that the applicant has read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder's Office of the County of San Diego, and a signed, stamped copy returned to the Community Development Department. Failure to sign this document within ten days of approval shall indicate the applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the Community Development Department's files and known as Document No. - Signature of Representative of PG&E Date Presented by: Approved as to form by: fh Ú~- Chris Salomone Community Development Director ">0""00"°",,",""""""""'"°""""'"-,""'.000 4- (0 - . - RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING OWNER PARTICIPATION AGREEMENT WITH THE WITH PG&E DISPERSED GENERATING COMPANY, LLC FOR THE CONSTRUCTION OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT WHEREAS, PG&E Dispersed Generating Company, LLC leases the property at the southeast comer of Main Street and Mace Street, which is diagrammatically shown in the Locator Map attached to the Owner Participation Agreement and incorporated herein by reference; and, WHEREAS, PG&E Dispersed Generating Company has presented development plans for the construction of a Peak Load Power Plant and associated site improvements located at 3497 Main Street ("Projecf'); and WHEREAS, the site for the proposed Project is located within the Southwest Redevelopment Project Area under the jurisdiction and control of the Redevelopment Agency of the City of Chula Vista; and, WHEREAS, the Design Review Committee and the Planning Commission reviewed and recommended that the Redevelopment Agency approve the proposed Project subject to the conditions listed in Exhibit B of the Owner Participation Agreement; and, WHEREAS, the Redevelopment Agency of the City of Chula Vista has been presented an Owner Participation Agreement, said agreement being on file in the Office of the Secretary to the Redevelopment Agency and known as document RACO 00-_, approving the construction of the Project located 3497 Main Street, as depicted in Exhibit A (design plans) and subject to conditions listed in Exhibits B of said agreement. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The proposed project is consistent with the Southwest Redevelopment Pian and shall implement the purpose thereof; the project shall assist with the elimination of blight in the Project Area. 2. The Redevelopment Agency of the City of Chula Vista hereby approves the Owner Participation Agreement with PG&E Dispersed Generating Company, LLC for the construction of a Peak Load Power Plant and associated site improvements located at 3497 Main Street, within the Southwest Redevelopment Project Area in accordance with plans attached thereto as Exhibit A and subject to conditions listed in Exhibits B of said agreement. 4. The Chairman of the Redevelopment Agency is hereby authorized to execute the subject Owner Participation Agreement between the Redevelopment Agency and PG&E Dispersed Generating Company, LLC. 5. The Secretary of the Redevelopment Agency is authorized and directed to record said Owner Participation Agreement in the Office of the County Recorder of San Diego, California. Presented by: Approved as to form by: ~ ~~ Chris Salomone Community Development Director H:\HOME\COMMDEVIRESOSIPG&E PEAK LOAD GENERATION PLANT RESO 2.doc 4- (( . ~ Recording Requested By: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 When Recorded Mail To: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 Attn: Judi Bell (Space Above This Line For Recorder) APN: 629-062-04 OWNER PARTICIPATION AGREEMENT PG&E Dispersed Generating Company, LLC 3497 Main Street THIS AGREEMENT (the "Agreement") is entered into by the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body corporate and politic (hereinafter referred to as "AGENCY"), and PG&E Dispersed Generating Company, LLC, a Delaware limited liability company, (hereinafter referred to as "DEVELOPER") effective as of August 22, 2000. WHEREAS, the DEVELOPER desires to develop real property within the SOUTHWEST REDEVELOPMENT PROJECT AREA (the "Project Area") which is subject to the jurisdiction and control of the AGENCY; and, WHEREAS, the DEVELOPER has presented plans for development to the Planning Commission (the "Commis~ion") and the Design Review Committee (the "Committee") for the construction of a 49 mega watt electrical generating facility (the "Project"); and, WHEREAS, said plans for development have been recommended for approval by the Commission and the Committee; and, WHEREAS, the AGENCY has considered the recommendations ofthe Commission and the Committee and has approved the Project and design plans subject to certain terms and conditions; and, WHEREAS, the AGENCY desires that said Project be implemented and completed as soon as it is practicable in accordance with the terms of this Agreement. NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows: 1. The property to be developed is described as Assessor's Parcel Number 629-062-04 located at 3497 Main Street, in Chula Vista, California, shown on locator map attached hereto as Exhibit "C" and by this reference incorporated herein (the "Property"). The Property is leased by DEVELOPER pursuant to that certain unrecorded Ground Lease and Grant of Easements dated March 28, 2000, between DEVELOPER, as Tenant, and John S. Marquez and Carole G. Marquez, Trustees U.D.T., March 20, 1991, as Landlord, a short form memorandum of which has been recorded in the office of the County Recorder, San Diego, California on April 12, 2000, as Document No. 2000-0187125 (the "Lease"). oe OOeS\355597.6 [W97] "I"O""CO"O""""AIO'AS"G" ,,^' co^, G""""D" 'CA<' O"",ooc 4-1;1- 2. The term of this Agreement shall be from the date the AGENCY approves this Agreement until expiration of the Lease, including all extensions thereof, or earlier termination of the Lease, 3. The DEVELOPER covenants and agrees by and for himself, his heirs, executors, administrators and assigns and all persons claiming under or through them the following: A DEVELOPER shall develop the Property and the Project in accordance with the AGENCY approved development proposal attached hereto as Exhibit "A." B. DEVELOPER shall obtain all necessary federal, state and local governmental permits and approvals and abide by all applicable federal, state and local laws, regulations, policies and approvals in connection with the development of the Project. DEVELOPER further agrees that this Agreement is contingent upon DEVELOPER securing said permits and approvals. DEVELOPER shall pay all applicable development impact and processing fees. C, DEVELOPER shall use commercially reasonably efforts to: (i) obtain building permits within one year from the date of this Agreement; (ii) commence development of the Project promptly upon receipt of the last required permit; and (iii) diligently pursue the Project to completion, which in any event shall be completed within two (2) years from the date of issuance of the last required building permit. In the event DEVELOPER fails to meet these deadlines, approval of DEVELOPER's development proposals shall be void and this Agreement shall have no further force or effect; provided, however, if DEVELOPER is using good faith efforts to satisfy each ofthe foregoing requirements, then DEVELOPER shall have such additional time to meet the targets as is reasonably necessary and the approval of the development proposals and this Agreement shall continue in full force and effect. D. In all instruments granting or conveying an interest in the Property, the following language shall appear: "The grantee herein covenants by and for himselt his heirs, executors, adminjstrators and assigns, and all persons clajming under or through them, that there shall be no discrimination against or segregation ot any person or group of persons on account of race, color, creed, national origin or ancestry in the sale,lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee himself or any persons claiming under or through hjm establish or permit any such practice of djscrimination or segregation with reference to the selection, locatjon, number, use or occupancy of tenants, lessees, subtenant lessees, or vendees jn the premises herein conveyed. The foregoing covenants shall run with the land, .. E. In all leases demising an interest in all or any part of the Property, the following language shall appear: OC_DOCS\355597,6IW97] 2 H,,"OMEICOMDEVITAPI^,OPAS"G" pm LOAO GENEAA"ON ""'NO OeA,OOC 4-(3 - .. "The lessee herein covenants by and for himse/~ hjs heirs, executors, administrators and assigns, and all persons claiming under or through him, and thjs lease is made and accepted upon and subject to the following conditions: That there shall be no discriminatjon against or segregation o~ any person or group of persons, on account of race, color, creed, national origin, or ancestry, in the leasjng, subleasing, transferring use, occupancy, tenure, or enjoyment of the premises herein leased, nor shall the lessee himself or any persons cIajmjng under or through him, establish or permit any such practices of discrimination or segregation with reference to the selection, location, number or use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." 4. The Property shall be developed subject to the conditions imposed by the Commission, the Committee and the AGENCY as described in Exhibit "B" attached hereto and incorporated herein by this reference. DEVELOPER acknowledges the validity of and agrees to accept such conditions. 5. Upon the completion of the Project, DEVELOPER agrees as follows: A. DUTY TO MAINTAIN GOOD CONDITION. Subject to Subsections C, 0 & E below, DEVELOPER shall, at DEVELOPER's sole cost and expense, maintain the Property which includes all improvements thereon in good condition and repair, consistent with the nature and use of the Property as an electrical generating facility, and in accordance with all applicable laws, permits, licenses and other govemmental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued or promulgated by federal, state, county, municipal, and other govemmental agencies, bodies and courts having or claiming jurisdiction and all their respective departments, bureaus, and officials. B. GOOD CONDITION DEFINED. Good condition and repair, means maintenance which is necessary to keep the Property in an efficient and attractive condition and substantially equal in quality to the condition which exists when the Project has been completed in accordance with the approved plans, excepting normal wear and tear. C. In order to enforce the maintenance provisions in Subsection A above, the parties agree that: (i) the City's Community Development Director (the "Director') is empowered to make reasonable determinations as to whether the Property is in good condition. If he determines it is not, he: (1) will notify DEVELOPER in writing, and (2) extend a reasonable time to cure, provided, however, such cure period shall not be less than forty-five (45) days. In addition, if such cure cannot reasonably be effectuated within such time period, DEVELOPER shall have such additional time as may be necessary to effectuate such cure; provided, that DEVELOPER commences such cure within such time period and thereafter diligently proceeds the same to completion. If a cure or a diligent effort to cure has not been made within the applicable time (as the same may be extended), the Director is authorized to effectuate the cure by City forces or otherwise, the cost of which will be promptly reimbursed by the DEVELOPER; and "~"~¡¡~~~~,~~,~~:\~~s~¿¡;';J! LOAD G"""'O' "^" OPA,OOC 3 4-/3 (ii) AGENCY or its agents shall have the right to go on the Property and perform the necessary maintenance and the cost of said maintenance shall become a lien against the leasehold estate of the Lease (the "Leasehold Estate"). AGENCY shall have the right to enforce this lien by foreclosing on the Leasehold Estate; provided, however, unless DEVELOPER is the owner of the Property, in no event shall such lien or foreclosure thereof affect the fee simple title to the Property. (iii) Notwithstanding anything herein to the contrary, in the event that there shall be a dispute among the parties arising out of or relating to the maintenance provisions of this Section 5, or the breach thereof, the parties agree that the City Manager or his designee shall resolve such dispute; provided, however, any decision made by the City Manager may be appealed to the AGENCY, and any such decision made by the AGENCY may be appealed to a court of competent jurisdiction. All City action to cure shall be suspended pending the outcome of such an appeal to the City Manager, or an appeal to AGENCY, or an appeal to a court of competent jurisdiction. In the event that the Director decides without dispute, or the City Manager decides in dispute, that the City has to cure and the amount of the cure, then DEVELOPER shall reimburse the City within forty-five (45) days of receipt of a written demand. If not reimbursed, such cost shall constitute a lien and the City is authorized to record said lien with the County Recorder, against the Leasehold Estate, as provided in Clause (ii) of Subsection 5.C. above. D. If the Property or any improvement thereon shall be damaged by fire, flood, tomado, by the elements, or otherwise, DEVELOPER shall, either repair said damage and restore the Property and any improvements to their previous or like condition or raze such improvements, provided that DEVELOPER leaves the Property in a clean and safe condition. E. DEVELOPER, may in its sole discretion, at any time, raze any improvements on the Property, provided that DEVELOPER leaves the Property in a clean and safe condition. F. DEVELOPER shall dedicate land for street right-of-way, including tumaround, sufficient to construct half of an industrial street in accordance with the City's adopted street standards at the time of dedication. Such dedication shall be made upon DEVELOPER or DEVELOPER'S successor in interest acquiring a fee interest in the Property and the request of the AGENCY. 6. AGENCY and DEVELOPER agree thatthe covenants of the DEVELOPER expressed herein shall run with the Leasehold Estate. DEVELOPER shall have the right, without prior approval of AGENCY, to assign its rights and delegate its duties under this Agreement and DEVELOPER shall thereupon be relieved, released and discharged from its duties under this Agreement. 7. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein are for the express benefit of the AGENCY and for all owners of real property within the boundaries of the Project Area as the same now exists or may be hereafter amended. AGENCY and DEVELOPER agree that the provisions of this Agreement may be specifically enforced in any court of competent jurisdiction by the AGENCY on its own behalf or on behalf of any owner of real property within the boundaries of the Project Area. Except for the AGENCY, however, no owner of real property within the boundaries of the Project Area shall have the right to enforce any of the provisions of this Agreement independently. H~H~¡¡~~~~,\~,~;,;\~Z;~,!;;,~r! LOAO O,""A"O' ,,^', O",OOC 4 4-rS- - ., 8. AGENCY and DEVELOPER agree that this Agreement may be recorded by AGENCY in the Office of the County Recorder of San Diego County, California. 9. DEVELOPER shall and does hereby agree to indemnify, protect, defend and hold harmless AGENCY and the City of Chula Vista, and their respective Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and reasonable attorneys' fees incurred by the AGENCY arising, directly or indirectly, from (a) AGENCY's approval of this Agreement, and (b) AGENCY's or the City of Chula Vista's approval or issuance of other permits or actions, whether discretionary or non-discretionary, in connection with the Project contemplated herein, and DEVELOPER's construction and operation of the Project permitted hereby. 10. In the event of any dispute between the parties with respect to the obligations underthisAGREEMENT that results in litigation, the prevailing party shall be entitled to recover its reasonable attorneys' fees and court costs from the non-prevailing party. 11. Time is of the essence for each and every obligation hereunder. 12. If DEVELOPER fails to fulfill its obligations hereunder after due notice and reasonable opportunity to cure, which in no event shall be less than forty-five (45) days, unless a cure cannot reasonably be effectuated within such time period, in which case such additional time as may be necessary to cure shall be granted, DEVELOPER shall be in default hereunder, and in addition to any and all other rights and remedies AGENCY may have, at law or in equity, AGENCY shall have the right to terminate its approval of the Project and this Agreement; provided, however, if litigation has commenced between DEVELOPER and any party in connection with the rights and obligations under this Agreement, AGENCY may not terminate its approval of the Project and this Agreement until the completion of such litigation, including any appeals thereof. 13. No breach of any provision of this Agreement shall defeat or render invalid the lien of any mortgage now or hereinafter affecting any portion of the Leasehold Estate. In particular, any lien imposed against the Property or the Leasehold Estate under this Agreement shall be subject and subordinate to any mortgage encumbering any portion of the Property or the Leasehold Estate; provided, however, that the rights of any mortgagee are subject to all of the provisions ofthis Agreement, and if any portion of the Property or the Leasehold Estate subject to such mortgage is sold under a foreclosure of any mortgage oris conveyed to the mortgagee or any other person in lieu offoreclosure, any purchaser at such sale or any grantee and the successors and assigns of any such purchaser or grantee shall hold any and all property so purchased and acquired subject to all of the provisions of this Agreement. 14. The use of the masculine pronoun includes the feminine and neutral genders; the use of the singular form of a pronoun includes the plural and vice-versa. 15. This Agreement, together with the Exhibits hereto and such other documents as are contemplated hereunder, constitutes the entire agreement of the parties in respect of the subject matter hereof, and may not be changed except by an agreement in writing signed by the parties. [Signature Page Follows] OC_DOCS\355597.6 [W97] 5 ","OM"COM"VIOA"AIO"",PG&< ,,^' WAO G,"'RAnON PCAN' OPA.OOC 4-(G - ~ Signature Page IN WITNESS WHEREOF THE PARTIES HAVE ENTERED INTO THIS AGREEMENT EFFECTIVE AS OF THE DATE FIRST WRITTEN ABOVE. "AGENCY" REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DATED: By: Shirley Horton, Chairman "DEVELOPER" PG&E Dispersed Generating Company, LLC, DATED: 6/;I/Of} ~ ~~;;:~ ( . X8t L I'IdIett Print Name: ..... VIce ........... Title: State of California ) ) ss. \ County of San Francisco ) On ~ Vl~ II) , 2000, before me, Barbara J. Trerice, Notary Public, - ,personally known to me to personal appeared K(/y}} ¡..,. .rTo.,/<.eÆ-t be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .. ...¥"'.."'.."'--~ FAkoAPcAJ. IRERiCE WITNESS my hand and official seal. Carnrní£ion # ¡ 190592 No:ary Pcolic - Califcrnio ~ Sen Fmnci;co County - MvCc<nm. [xpiresJul2D,:a:xJ2 \ (Seal) 4-/7 - EXHIBIT A Design Plans OWNER PARTICIPATION AGREEMENT PG&E Dispersed Generating Company, LLC 3497 Main Street REDUCED COPIES OF DESIGN PLANS OC DOCS\355597.6 [W97] ","OM"'OM"'I"""OPA5"G&E ,,^' COAO G"""",O' 'LA" OPA.DO' 4-«:{ ""'""I!III"ð lIi'!!"1 II " II i , 'ill 'I I, , ~ ,,',!: I, ,I II I: 1:" Ii II' ; II ,il!'1 '. i il I~I¡' II' I: I I, ;I..i;, I: ' ì :i¡j!! Ii ! , ii'I'1 ! " . 'f,' J ! I I II!I', I ' ~' i ! i ! ! r III~¡ II; I II .II¡I I.' I',' , , 'I .1 ! II , II' "II I' /; . ill ¡; ,! - .-- ð " I' if II II ~)~-- ~ ¡¡I~I:II I' , ~ ~ II ,II Ii I ,", 'ií I' , " ,-..-- 'I il! ! 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",', I. . n III Ii! r,' Iii II I 4 ~ (1 - -- 1 PROoECT DATA, BO\K)ARY P a one! E I . AIÐ TOPOORAPHY DISPERSED aea\A11ON, LLC '" ..... ,.-~.". "n<C . ,.w - ~ """'~,t),;i""'- H"""""', ""' ,.., ! -, ,.,.,. ""~" ~ ....,"". '" ."" ---- --- - "'- I I - . .. .,-.--,------.. -- --- Ii ¡ -z-- II!!I ! 11111 ! IIII' IIIIIII JJI!!!!!I! II Iii ,-~ '!I!II !!!¡¡I!NI!III=¡I , ,¡ I!illll,' I. i I ¡ Iii I - _I ! ¡ dl~11111 J I "¡ i IIII ! , - , II . HIII~!IU í I II IIi 01 ii I -<1 II i i I]...,! II [1'1 ¡: [e 4-;)..0 . -- . SITE PLAN P Q and E rn<c . . , DISPERSED GEtl:RAT1ON, Ll.C '" .,.." "."",. ~ -~ ...... ""'"""""'"'" "'""""",,"""" - - ,-- -- - ""..."'" """'"'"""""'" '.'_',,"~m.. "'-"'-°'" __0- --. -..- - .. i!! m 0 ---- ;;: ~ -~~-~- .... '" c: '" '" ;! ::I 0 z: f" ¡~ 4-;;2-( PlANS AN:> B..EVA'11ONS ":~~~7 .. I I I" '."" ." !~ ui¡; 00¡; i! .. . z ! nil;! ÈliI, ~ II °l~'m -< I' G') !)¡ ¡ !!IJ ¡ c 4- ) d- - PLAN -- PGandE . DISPERSED OEIEFIATION, LLC . . - ~. _. ~ ":~=;' '~":'!:S\t~~11r - -~ '_'.M= .'.w- -. ..,. EXHIBIT B Conditions of Approval OWNER PARTICIPATION AGREEMENT PG&E Dispersed Generating Company, LLC 3497 Main Street CONDITIONS OF APPROVAL 1. Prior to the issuance of building permits, the project landscape and irrigation plan shall be reviewed and approved by the City Landscape Planner. 2. Prior to the issuance of a Certificate of Occupancy for the new structures, all landscaping shall be installed in accordance with the approved landscaping plan. 3. Any designated parking areas on the site shall provide a landscape treatment of 10% minimum per the Chula Vista Landscape Manual. The site plan does not at this time identify any designated parking areas. However, if in the future parking areas are created then this will be a requirement. 4. If at any point in the future the designated easement becomes a designated street and right-of-way, then additional landscaping may be required within the right-of-way. 5. Opportunities for vine pocket plantings should be looked at by the Landscape Architect. There should be isolated pockets of vine plantings along the proposed fencing. 6. Provide some vine plantings along the proposed fencing. 7. A water management plan shall be provided at the building permit stage, per requirements of the City Landscape Manual. 8. At the building permit stage, a complete planting and irrigation plan per the City Landscape Manual will be required. 9. Construct the project as submitted, unless otherwise modified herein. 10. All mitigation measures identified within the Mitigated Negative Declaration for the project shall be complied with to the satisfaction of the Director of Planning and Building in perpetuity. 11. Developer shall dedicate land for street right-of-way, including turnaround, sufficient to construct half of an industrial street in accordance with the City's adopted street standards at the time of dedication. Such dedication shall be made upon Developer or Develope~s successor in interest acquiring a fee interest in the Property and the request of the Agency. 12. The following fees will be required if appropriate or if applicable, including but not limited to those fees identified below, based on the final building plans submitted. a. Sewer capacity and connection fees. b. Development Impact Fees c. Traffic Signal Fees DC DDCS\355597.6 IW97] ",'"O."CO"D""A"^,O""""" ,,^' COAD O""AnON "AN' O",DOC 4-23 EXHIBIT B Conditions of Approval OWNER PARTICIPATION AGREEMENT PG&E Dispersed Generating Company, LLC 3497 Main Street 13. The Engineering Division will require the applicant to obtain a construction permit to perform any work in the City's right of way or easements. 14. A grading permit will be required prior to issuance of any building permit. Specific means of handling storm runoff will be addressed at the time of the grading plan review. All runoff will be subject to NPDES regulations. Hazardous materials will not be allowed to drain onto surrounding property. 15. Existing public sewer lines shall remain protected and driveable access shall be provided to all sewer manholes located on the property. Sewer easements shall be granted for all existing sewer lines on the property not within an existing easement. 16. A 20' minimum width Fire access is required with an all weather driving surface. END OF CONDITIONS OF APPROVAL OC_DOCS\355597.6 [W97] 10 H,"OM~COMD""A"A\D'AS"G" ,,^' WAD GENERA",ON ""NO O'ADOC 4-:+<-1 - " EXHIBIT C Property OWNER PARTICIPATION AGREEMENT PG&E Dispersed Generating Company, LLC 3497 Main Street SITE LOCATOR MAP OC_DOCS\355597.6 [W971 4-2':) - . .~ ---,----- -~---- Proposed Peak Load Generating Facility Locator Map Hi'lllllli'!. ~~ >: : [I]JI[[[E fI I 1_- [[I[[[[[C~ I ", I: Mi" SIræt '---'---j I :m~ """ STIer ( 'L-J i~ i ì~1 i """'" :I~ , r---- 'I ,~ " ~---- \ - - -.// /~----~~-L< ~><,,~ )~ I¡"" "",." 0.3 0 0.3 Mies Proposal to be revie\l\led by: N W+E Design Review Committee Planning Commission Recleveloprrent Agency S 4-;;LG _. '"r PG&E D;50ersed Generation LLC Peak Load Power Plant Mitigated Negative Declaration PROJECT NAME: PEAK LOAD POWER PLANT PROJECT LOCATION: 3497 Main Street, Chula Vista, CA ASSESSOR'S PARCEL NO.: 629-06-204 PROJECT APPLICANT: PG&E Dispersed Generation, LLC CASE NO.: IS-00-39 DATE: June 23, 2000 (Revised 7/20/00 to reflect comments !Tom RCC meeting of7/17/00) A. PROJECT SETTING The project site is located at 3497 Main Street in the City of Chula Vista, CA. The property consists of one legal parcel (APN 629-062-04-00) that has no frontage on Main Street. The property is approximately 835 feet south of Main Street. A 20':!: private easement road provides access to the site. The road is partially paved. On-Site Land Use The site is cuITently used as an operation and storage site by three small businesses - a house moving equipment company, a sandblasting equipment company, and an auto towing company. Structures on-site include (I) a high-bay steel garage 43' x 14' x 18' high, (2) a 10' x 10' office/toilet building, and (3) a small 10' x 15' x 9 high portable, wooden office building on the southern portion of the property. A security fence suITounds the property. The entire site has been graded and some areas improved with pea gravel or coarse sand. The southern portion of the site has been filled with imported soils. The site drains to the south into the Otay River, and to the west into" drainage swale that empties into the Otay River. A 20':!: sewer easement crosses the northern end of the site. A covered manhole is located near the western property line. Water from the Sweetwater Authority is available in the access road a few feet south of Main Street. A north-south 69 kV power line is located along the eastern property line. SuIToundin~ Land Uses The properties to the north and east are occupied by auto storage and wrecking yards. The property to the west is vacant, but was previously used as a trailer storage yard. The surrounding area south of Main Street is characterized by similar auto storage and dismantling activities. A single-family borne residential area is located across the vacant lot to the west. The Otay River is located along the property's southern boundary. B. PROJECT DESCRIPTION The planned facility would consist of one natural gas twinpak combustion turbine, gas compressor, electrical generator, and associated equipment. An underground gas pipeline in the access road would connect to the existing gas pipeline in Main Street. No fuel would be stored on site. The site is not proposed to be paved. The air-cooled gas turbine (approximately 70 feet in length, 15 feet wide and 11 feet high) would be within an enclosure 100 feet in width, 80 feet long and 25 feet high. Water use would be limited to on-site domestic use, inlet chilling and combustor water injection (if utilized). Small cooling towers would be required for the inlet chilling system. The turbine would be fitted with air pollution control equipment, noise suppression devices and exhaust stack. The Selective Catalytic Reduction (SCR) air pollution control equipment would use ammonia injection and be approximately 70 feet in length, 35 feet wide and 40 feet high. The exhaust stack would be 15 wide, 20 long and 45 feet high. A nuisance fluid (turbine and gear box seepage) collection system I 4 -;).. 7 06/23/00 - ~ PG&E DisDersed Generation LLC Peak Load Power Plant and storage vault would be located within the turbine enclosure. The fluids would be removed by a licensed disposal flffi1 on an as-needed basis. An on-site electrical substation would transfonn the electric output to 69,000 volts. The facility would tap into the existing 69,000-volt line along the eastern edge of the site. This overhead 69,000-volt transmission line may require upgrading with larger, higher capacity, wires. If required, San Diego Gas and Electric would be responsible for the re-wiring. The facility would be unmanned and remotely operated by PG&E Dispersed Generating Company control center personnel. PG&E DG personnel or a local subcontractor would routinely inspect, service and maintain the facility. It is anticipated that operating and maintenance personnel would visit the facility 2 to 3 times per week. Veh.icular traffic would be limited to operating and maintenance vehicles. Major overhauls of the turbine generators and pollution control equipment would occur every two years and require 2 to 3 weeks to complete by a crew of 10 to 15 technicians. Gradin" and Draina"e The project site is a graded pad adjacent to the atay River. Finish grading required for the project involves 2,578 cu.yds of earthwork. The maximwn cut slope height would be four feet at the project site entrance. Existing on-site drainage pattern flows southerly to the property line and westerly into a drainage swale that empties into the atay River. The existing drainage swale is part of the City of Chula Vista storm drain system that conveys runoff from north of Main Street to the atay River. This storm drain system would remain in its current condition with no alterations. The proposed grading would direct surface runoff to a catch basin with a built-in filtration system in the southwest corner of the site. An l8-inch RCP storm drain would convey surface runoff to a headwall and energy dissipator located in an existing drainage swale immediately southwest of the project site. Development of the site would result in a negligible increase in the rate of surface runoff. The site would not be paved with impervious surfaces. Stormwater Mana"ement The facility will have two containment areas and a containment pond to minimize the potential release of non- storm water materials (transformer oil, aqueous ammonia) into the atay River. The aqueous ammonia tank and electrical switchyard containment areas would be sized to hold 150% of the tank volwne of ammonia and electrical transformer oil, respectively. The containment areas would also be sized to hold 150% of the rainfall falling within a containment area during a lOa-year storm event. The switchyard facility, containing transformers filled with non-PCB oil, would be surrounded by a containment dike. In the event that an oil leak occurs, all oil would be contained within the diked area. The I2,OOO-gallon aqueous ammonia tank would also be enclosed within a containment dike. In the event of an ammonia tank leak, all ammonia would be contained within the diked area. The plant operator/maintenance personnel would inspect the containment areas during their normal plant inspections. In the event of an oil or ammonia leak, the containment basins would be pwnped out and disposed of as required County of San Diego Department of Environmental Health (DEH) and Regional Water Quality Control Board (RWQCB) regulations. The switchyard and ammonia tank containment areas would be connected to a containment pond designed to prevent the release of non-storm water materials into the storm water drain system. The plant operator/maintenance personnel would inspect the switchyard and aqueous ammonia containment areas during and after rainstorms. If oil or ammonia are not present, the storm water in the containment areas would be released into the containment pond. Storm water collected in the diked containment areas would be pumped into a tank truck for removal from the site as required by City, DEH, and RWQCB regulations. After storm water is transferred to the containment pond it would be inspected a second time for oil, ammonia or other contaminants. If none are present, the operator/maintenance personnel would open the valves releasing the storm water into the sewer system. If contaminants are present, the containment pond would be pumped out and the materials disposed of as required by City, DEH, and RWQCB regulations 4-;Lf: 2 06/23/00 - 'r PG&E Disversed Generation LLC Peak Load Power Plant The facility will be required to obtain a State Industrial Activities Storm Water General Permit as required by Federal Regulations (40CFR, Parts 122,123, and 124) that implement the Clean Water Act of 1987, The goal of the permit is to reduce or eliminate stormwater pollution and other impacts to surface waters from industrial sites. The stormwater permit requires operators of industrial facilities to develop a Stormwater Pollution Prevention (SWPP) Plan, The Plan would identify existing and potential sources of stormwater pollution, and describe how the facility would reduce or eliminate the potential for stormwater pollution, 111e SWWPP Plan would outline the facilities stormwater contaminant assessment (high quantities of suspended solids), The plan would display a stormwater site map identifying drainage patten1S, discharge structures and points, paved areas and buildings, areas of pollutant contact, and areas with soil erosion potential. The plan would include Best Management Practices (BMP's) to reduce the potential for stormwater pollution that include good housekeeping, preventive maintenance, spill clean-up procedures, stonnwater flow control features, and employee training. 111e plan would identify practices and facility features designed to control pollution at its source. Another requirement is the development and implementation of a storn1water-monitoring plan in conjunction with the SWPP plan. PG&E Dispersed Generating Company would work closely with the Regional Water Quality Control Board (RWQCB) to -determine BMP's and identify the most effective way to design features to control potential storm water contamination. C. COMPLIANCE WITH ZONING AND PLANS The facility is designed to be consistent with all governmental codes and regulations, including the Chula Vista lL industrial zone, conditions that may be included in the Conditional Use Pennit, the conditions of the San Diego Air Pollution Control District Authority to Construct and Permit to Operate, and San Diego County Department of Environmental Health Pennit for the ammonia storage tarue D. IDENTIFICATION OF ENVIRONMENTAL EFFECTS An Initial Study conducted by the City of Chula Vista (including the atrached Environmental Checklist form) determined that the proposed project will have significant environmental biological resources and noise effects that can be mitigated to a less than significant level, and the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Biological Resources The project site was surveyed by Vincent N. Scheidt, biological consultant, on March 21 and April 29, 2000, The site and adjacent areas were surveyed each day, with particular attention given to areas where riparian birds were most likely to be found, The site is devoid of vegetation except for exotic plant material located in the drainage swale along the western property boundary. No animal species are present on-site, The site has not served as a wildlife dispersal corridor because the property has been fenced for several years. The area immediately south of the project site is a heavily vegetated riparian habitat associated with the Otay River. The Otay Valley Regional Park Concept Plan and the City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan identifies the adjacent area as "open space/preserve area," Riparian woodland vegetation is present immediately beyond the southern fence line of the property. Indicators in this habitat include Black and Arroyo Willow (Salix gooddingii, S lasiolepis), Mule Fat (Baccharis glutinosa), San Diego Marsh Elder (Iva hayesiana), American Bulrush (Scirpus olneyi), and Cattails (Typha latifolia). Also present in and along the periphery of the riparian area are noxious and weedy species, including Castor Bean (Ricinus communis), Tamarisk (Tamarix), Giant Wild Reed (Arundo donax), Indian Rice Grass (Oryzopsis miliaeea), and others, These have degraded the riparian habitat to a degree, although this wetland is still of regional significance to area wildlife, The only animals associated with the project site itself are locally common species, such as Housefmch (Carpodacus mexicanus), English Sparrows (Passer domesticus), House Mouse (Mus musculus), Western Fence Lizards (Seeloporus occidentalis) and other vertebrates that are tolerant of or dependent upon development. The riparian area, however, supports a diversity of native species, including Song Sparrows (Melospiza melodic), Yellow Warblers (Dendroica petechia), Least Bell's Vireos (Vireo bellii pusillus), and others. 3 q-2} 06123/00 - ., PG&E DÜoersed Generatian LLC Peak Load Pawer Plant Utilization of the site will have no direct, adverse impacts to area wildlife or sensitive species. Only insignificant impacts, as defmed by CEQA, to locally common species and weeds will result from site development. However, indirect impacts are considered potentially adverse and significant, as dermed by CEQA. A number of obligate riparian songbirds were detected during the surveys for this report, including several sensitive species, and others are anticipated to occur in this area. These species could be adversely affected by noise created by the construction of the proposed power generating facility. Mitigation measures listed in the attached Mitigation Monitoring and Reporting Program would reduce the potential impacts to a less than significant level. Noise Noise sources associated with the proposed project can be identified within three categories: (I) construction noise; (2) mobile noise sources, generally consisting of noise from cars and trucks; and (3) stationary mechanical equipment operation. The Chula Vista Municipal Code exempts construction and demolition activities from its exterior noise level limitations. However, most municipalities consider construction activities on Sunday or Nighttime as intrusive. Construction noise will usually exceed typical background noise levels but will generally be for a short term and will generally occur during daytime hours on weekdays and Saturdays. Mobile noise sources after construction is completed will consist of operations and maintenance vehicles that will contribute negligible overall noise to the area and will not further be considered. Noise from the stationary mechanical equipment will come from five dominant sources: . The two separate engine air intakes and single turbine exhaust. Full acoustic data is not cuITently available for these engines; however, initial engineering estimates are for each of these three openings generate about 140 dB(A) directly at the opening. . Direct noise radiation from the equipment, a currently unknown sound level, is estimzted to be a maximum of 105 to lIS dB(A). . The high pressure reciprocating natural gas compressor is estimated to operate at 100 dB(A) at a distance of 10 feet from the unit. This is based on data taken at other natural gas compressors. The manufacturer will supply actual data at the time of unit specification. . The high volume air blower for generator cooling is estimated it to operate at 100 dB(A) at intake and exhaust openings. Full acoustic data is not cuITently available for the blower. . Noise data for the absorption chillers and pumps, to be located inside the turbine enclosure, is not cUITentlyavailable. The manufacturer will supply sound data at the time of unit specification. The stationary mecbanical equipment could produce noise levels as high as 130 dB(A) at the property line if noise control measures are not included in the plant design. Precise noise data for each component in the plant is not available at this time because specific pieces of equipment to be installed have not been selected. Consequently, it is not possible to provide a fmal noise control system design at this time. A variety of conventional noise reduction techniques would be included in the plant design. Noise reduction techniques would be installed, as needed, to reduce noise levels to 60 dB at the property line. Noise reduction techniques that would be utilized have noise reduction characteristic as follows: Technique Noise Reduction In Line Silencer 2 to 5 dB per foot Louvers 10 to 20 dB per unit Lined Right Angle Turns in Ducts 4 to 8 dB per turn Lined Covers at InletlExhaust 4 to 8 dB (one per unit) Noise Containment Walls 6 to 18 dB per unit 4-30 4 06123/00 - ~ 07/29/00 SAT 13: 11 FAX 925 672 7504 Dale E. Mesp I I4i 004 Jul-28-00 10:46P A_D_HINSHAW ASSOC- 619 280 1637 P-O3 P~':8!iQ'!'Jcmt.f51!!J..LC P.~a...r PIQur N"",.. Tlto GcllUll valuf!S of round redw;lb'" G'>." Ire""","")! and "'Iii depmdcnl. r¡'C5C val",", Gr~ intmd<d on(v fL' <111 o"",,'i<'" "(C<Ipabilitic.f. As CõU\ be =n f,om the above lis~ 20 feet of síl=ce< at 3 dB pel" fOOl (60 dB) plus [wO righl angle turns (6 dB I lUlU), a louver (IS dO). and a CO""" (6 dB), pro,'ideapproximalcIy 93 dB reduction in ]]oiso. There!"r<. noise from each oflW(\ combuslioo engine inlets at 140 dIJ(A) should be reduced 10 47 dB(A). While Ibis i. TCJ.¡,ti~e1y quic~ Í( sbouJd be ""led dlat if.1l of dIe individual noise g<:11etatÍog <'Ornponenls are ,ummeð after rcducrÎon to an equivalent level far the five lcuOWIl lisled noise gel1erating c()]tJ)Oncnls luted above. th. sum of d.. no;,;< would equal almosl57 dB(A). This analysis is I1Cot mlcnded a.< " (m.1 description of techniques fo, this pr<>jut The final """lysis wauld include .pccifie derails in<:ll1ding fun fu:quency aœlysis for each system cOIDJ'<>'1d1t. Portions of Ib.e projecl require sp""iat eol1<idL'ntiol1 f01111e noise nlltÍsali<m syst"""" 'I"bese include: . The 900-<1esrce (Fabm1heir) sY>l~m exl",';,,- This "-'ill "'quire silendng syslem.< <bigned to ensure ongoing 'y<tem functi<>nality. . The high-pressure n."",,1 sa> CUlIJ)roiSOr. The State of California mandates open-.ir ventilation requircml'I1ts; t"".e IUllstbe maill",ined by Ihe ooise quiding system. A S;";-S\<1' mitigation progI3ttl has Þccn prepared that assures compliance with the City of ~uI. Visra Noisc Otdwance !;tandards and the 60 dB(A) guideline <om,ined in the Cily of l-:hula YÍSra draft MSCP Subarea Pion. The srx-slL'p mitigation progr.m is conti1ined in Ihe aaachcd Noise Mitigation and M"nitoring PCo&",rn. A fillill set "fmilig",i<>!1 m"'sures ",ill ù. fonnulalcd duling th,. design and coJlSlrucri':m "hase to add,...s ",cd.e DQise data lrom each compont:!ll piece of equipm<nr In I>c iUS!3l1ed, TmplcmcnlRli"" of the specific noise attaIoarion miligarion program would reduce Doise impacts 10 60 dD(A) 01 thc property linc and t<sult in a kss than significant level of noise irnpacL E. M1TJGATrON N~-CE'<;SARVTO Av.Om STGNTFICN'/:f J/IfT'ACTS p[()jecr-specifie mitigation measu= arc required In reduce polenli"1 enVÌTDt1It1ColaJ impact< jdCTIlir."d i/l the l/1itial Study to 0 less Ihall significant le~el. 11,. mitigation measures "ill be made a condilion of "ppr.w01. as well as Kqllirenle/lt< <>f the att>ched Mitigation Muoirorillg and Rc.p<ming Pmgram (Attachmell' "A"). T agTce to impl"",<", the mitigation meas"'<$ required as st.ted in the MilÌg3tiO!> Monitoring and Rcporti1Ig r;¡¡¡;; š~~~~- D"~"'= . . - OJ Name. Title ~r~te 5 4 -31 """""" - - PG&E Disnersed Generatian LLC Peak Laad Pawer Plant F. CONSULTATION 1. City ofChula Vista: Bryon Estes, Redevelopment Coordinator Miguel Tapia, Semor Community Development Specialist Benjamin Guerrero, Environmental Projects Manager Marilyn R. F. Ponseggi, Environmental Review Coordinator Captain Edward Thomas, Fire Marshall SamirNuhaily, Engineering Department Beverly Blessent, Planning Division Ralph Leyva, Engineering Department M.J. Donnelly, Engineering Department Scott Harris, Plans Examiner Elizabeth W. Hull, Deputy City Attorney Applicant's Agent: Dale Mesplé. Biological Consultant Vincent N. Scheidt (Douglas Eilar and Associates) Acoustician Charles Terry (Douglas Eilar and Associates) 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code Biological Survey Report, (May 2000) Vincent N. Scheidt, Biological Consultant Noise Impact Analysis, (May 24, 2000) Douglas Eiler & Associates, Env'l & Acoustical Consultants G. INITIAL STUDY This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for tlris negative declaration. The report reflects the independent judgement of the City of Chula Vista. Further infonnation regarding the environmental review of this project is available ftom the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. 'EA~\~ (Ç,_L.-:s- of) Date: Brian Hunter ' Planning & Environmental Manager, CD 4 - 3d--- 6 06/23/00 - .. Case No.IS-OO-39 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: PG&E Dispersed Generation, LLC 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 100 Pine St., Ste. 2860 San Francisco, CA 94111 (415) 675-6472 4. Name of Proposal: Peak Load Electrical Power Plant 5. Date of Checklist: June 23, 2000 (Revised 7/20/00 to reflect comments from RCC meeting of 7/17/00) Po'~daUy POl<otiaUy S;gnifiuot L= ""0 Sign"~ot Uo!", S;gnifiunt No Imp'" Mid,..", Impa" Imp'" I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? 0 0 0 !II b) Conflict with applicable environmental plans or 0 0 0 !II policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., 0 0 0 !II impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an 0 0 0 !II established community (including a low-income or minority community)? Comments: The project site is located at 3497 Main Street in the City of Chula Vista, CA. The property consists of one legal parcel (APN 629-062-04-00) that has no frontage on Main Street. The property is approximately 835 feet south of Main Street. A 20':1: private easement road provides access to the site. The road is partially paved. On-Site Land Use Th~ site is currently used as an operation and storage site by three small businesses - a house moving equipment company, a sandblasting equipment company, and an auto towing company. Structures on-site include (I) a high-bay steel garage 43' x 14' x 18' high, (2) a 10' x 10' office/toilet building, and (3) a small 10' x 15' x 9 high portable, wooden office building on the southern portion of the property. A security fence surrounds the property. 4-33 I 7/20/00 - -r Po"o",Uy Potu!iaUy Sign"""ot ¡""'Ihao Signif'~", Vol", Sign;r~ot No 1m"" MId""" 1m"" 1m"" portion of the site has been filled with imported soils. The site drains to the south into the Otay River, and to the west into a drainage swale that empties into the Otay River. A 20'::!: sewer easement crosses the northern end of the site. A manhole is located near the western property line. Water from the Sweetwater Authority is available in the access road a few feet south of Main Street. A north south 69 kV power line is located along the eastern property line. Surrounding Land Uses The properties to the north and east are occupied by auto storage and wrecking yards. The property to the west is vacant, but was previously used as a trailer storage yard. The surrounding area south of Main Street is characterized by similar auto storage and dismantling activities. A single-family home residential area is located across the vacant lot to the west. The Otay River is located along the property's southern boundary. . Proiect Description The facility is designed to be consistent with all governmental codes and regulations, including the Chula Vista IL industrial zone, conditions that may be included in the Conditional Use Permit, the conditions of the San Diego Air Pollution Control District Authority to Construct and Permit to Operate, and San Diego County Department of Environmental Health Permit for the ammonia storage tank. The planned facility would consist of one natural gas twinpak combustion turbine, gas compressor, electrical generator, and associated equipment. An underground gas pipeline in the access road would connect to the existing gas pipeline in Main Street. No fuel would be stored on site. The site is not proposed to be paved. The air-cooled gas turbine (approximately 70 feet in length, 15 feet wide and II feet high) would be within an enclosure 100 feet in width, 80 feet long and 25 feet high. Water use would be limited to on-site domestic use, inlet chilling and combustor water injection (if utilized). Small cooling towers would be required for the inlet chilling system. The turbine would be fitted with air pollution control equipment, noise suppression devices and exhaust stack. The Selective Catalytic Reduction (SCR) air pollution control equipment would use ammonia injection and be approximately 70 feet in length, 35 feet wide and 40 feet high. The exhaust stack would be 15 wide, 20 long and 45 feet high. An on-site electrical substation would transform the electric output to 69,000 volts. The facility would tap into the existing 69,000-volt line along the eastern edge of the site. This overhead 69,000-volt transmission line may require upgrading with larger, higher capacity, wires. If required, San Diego Gas and Electric would be responsible for the re-wiring. The facility would be unmanned and remotely operated by PG&E Dispersed Generating Company (pG&E DG) control center personnel. PG&E DG personnel or a local subcontractor would routinely inspect, service and maintain the facility. It is anticipated that operating and maintenance personnel would visit the facility 2 to 3 times per week. Vehicular traffic would be limited to operating and maintenance vehicles. Major overhauls of the turbine generators and pollution control equipment would occur every two years and require 2 to 3 weeks to complete by a crew of 10 to 15 technicians. II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local 0 0 0 t;J population projections? 2 4-3cj 7/20/00 . - Po"ot~lly POI.ot~lly Sõgnifkaot "" ,,",0 s;g.;r~ot Uol~ Signir~ot No Imp'" Mltignt<d imp'" 1m.." b) Induce substantial growth in an area either 0 0 0 ¡;¡ directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable 0 0 0 ¡;¡ housing? Comments: Implementation of the project would 'not create any additional employment opportunities or housing units in the area. The facility would be unmanned and remotely operated by PG&E DG control center personnel. There are no housing units located on the property. No significant population or housing impacts would result ITom construction and operation of the facility. III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in geologic 0 0 0 ¡;¡ substructures? b) Disruptions, displacements. compaction or 0 0 ¡;¡ 0 overcovering of the soil? c) Change in topography or ground surface relief 0 0 ¡;¡ 0 features? d) The destruction, covering or modification of any 0 0 0 ¡;¡ unique geologic or physical features? e) Any increase in wind or water erosion of soils, 0 0 ¡;¡ 0 either on or off the site? f) Changes in deposition or erosion of beach sands, 0 0 ¡;¡ 0 or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean ot any bay inlet or lake? g) Exposure of people or property to geologic 0 0 0 ¡;¡ hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The site is underlain with stream-terrace deposits (Q1) that occur locally as a thin veneer along larger drainage courses. The deposits include unconsolidated sand and gravel derived locally ITom the sedimentary, igneous, and metamorphic rocks of the area. The southern portion of the site has been filled with material ITom an unlalOWll source. The site has been graded to a level pad. The soils on the site consist of Huerhuero loam (HrC) with a 2-9% slope. These soils are noted as having a very slow infiltration rate when thoroughly wetted, consisting chiefly of (I) clay soils with a high swelling potential, (2) soils with a high pennanent water table, (3) soils with claypan or clay layer at or 3 4-3~ 7/20/00 - .,. Pot~tiaI1y Pot~tially Signif'~nt L= than S",,;flant Un"" S'~nifiant No Impact Mit;,,"'" Impact Impact near the surface, and (4) shallow soils over nearly impervious materials. These soils are also rated as having a moderate erosion hazard. Gradinl! and Drainage The project site is a graded pad adjacent to the Otay River. Finish grading required for the project involves 2,578 cu.yds of earthwork. The maximum cut slope height would be four feet at the project site entrance. The existing on-site drainage pattern is to the southern property line and the Otay River and to the west where runoff flows from the property into the Otay River. The existing drainage swale is part of the City of Chula Vista stonn drain system that conveys runoff ¡¡-om north of Main Street to the Otay River. The existing stonn drain system would remain in its current condition with no alterations. The proposed grading would direct surface runoff to a catch basin with a built-in filtration system in the southwest comer of the site. An 18-inch RCP stonn drain would convey surface runoff to a headwall and energy dissipator located in an existing drainage swale immediately southwest of the project site. Development of the site would result in a negligible increase in the rate of surface runoff. The site would not be paved with impervious surfaces. No significant impacts to water resources have been identified and no mitigation measures are required. No significant geophysical impacts would result from the construction and operation of the plant. The Engineering Department as a standard requirement of grading permit approval would require a soils report and compliance with the applicable recommendations. Source: Michael P. Kennedy and Siang S. Tan, Geolo¡¡:y of National City Imperial Beach and Otav Mesa Quadrangles Southern San Diego Metropolitan Area California, 1977 Source: U.S. Department of Agriculture, Soil Conservation Service, Soil Survev San Diel!o Area California, December 1973. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, 0 0 t!! 0 or the rate and amount of surface runoff? b) Exposure of people or property to water related 0 0 0 t!! hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration 0 0 t!! 0 of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 t!! water body? e) Changes in currents, or the course of direction of 0 0 0 t!! water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either 0 0 0 t!! through direct additions or withdrawals, or through interception of an aquifer by cuts or 4 4-~ 7/20/00 - .,. P"'~I~Uy P""nl~Uy S;gnifi~nt Leo"'n Signifi~nI Unl", S¡gnifi~nt No Impact Mil""'" Impact Impoct excavations? g) Altered direction or rate of flow of groundwater? 0 0 0 Ii!I h) Impacts to groundwater quality? 0 0 0 Ii!I i) Alterations to the course or flow of flood waters? 0 0 0 Ii!I j) Substantial reduction in the amount of water 0 0 0 Ii!I otherwise available for public water supplies? Comments: The only portions of the site that would be paved are the turbine and equipment enclosure and the electrical substation. The paved area would include approximately 14,000 sq. ft. (8-percent of the 3.8-acre site). A negligible increase in the rate and volume of runoff would occur as a result of the proposed development. The existing drainage pattern would be maintained (see Section I above). Development of the project would result in a less than significant increase in the rate and volume of surface runoff. The containment system described in Section I above would reduce the potential for contaminants in the stonn water runoff to a less than significant level. The Federal Emergency Management Administration (FEMA) floodplain maps show the site as being within a I DO-year floodplain. However, the FEMA maps were prepared prior to the filling of the site that occurred several years ago. The FEMA maps indicate the 100-year floodplain level at the site is 44 feet Above Mean Sea Level (AMSL). However, the site has been filled to a minimum elevation of 55 feet AMSL. Thus, the site is 10 to II feet above the 1O0-year floodplain level. The project would result in a less than significant impact to the Otay River valley floodplain and downstream waters. No groundwater extraction is proposed. The containment system described in Section I above would reduce the potential for groundwater contamination to a less than significant level. Stonnwater Management The facility will have two containment areas and a containment pond to minimize the potential release of non-stonn water materials (transfonner oil, aqueous ammonia) into the Otay River. The aqueous ammonia tank and electrical switchyard containment areas would be sized to hold 150% of the tank volume of ammonia and electrical transfonner oil, respectively. The containment areas wil1 also be sized to hold 150% of the rainfal1 fal1ing within a containment area during a 100-year stonn event. The switchyard facility, containing transfonners filled with non-PCB oil, would be surrounded by a containment dike. In the event that an oil leak occurs, all oil would be contained within the diked area. The 12,000-gallon aqueous ammonia tank would also be enclosed within a containment dike. In the event of an ammonia tank leak, all ammonia would be contained within the diked area. The plant operator/maintenance personnel would inspect the containment areas during their nonnal plant inspections. In the event of an oil or ammonia leak, the containment basins would be pumped out and disposed of as required County of San Diego Department of Environmental Health (DEH) and Regional Water Quality Control Board (RWQCB) regulations. The switchyard and ammonia tank containment areas would be connected to a containment pond designed to prevent the release of non-stonn water materials into the stonn water drain system. The plant operator/maintenance personnel would inspect the switchyard and aqueous ammonia containment areas during and after rainstonns. Stonn water col1ected in the diked containment areas would be pumped into a tank truck for removal ITom the site as required by City, DEH, and RWQCB regulations. If oil or ammonia are not present, the stonn water in the containment areas would be released into the containment 5 4-37 7/20/00 - -r P",",bUy P"..'bUy S;gnifi=, "'" 'bon Si,nifi<a.t Un!", S;gnIr~.t N. Im.." MI!""t'" Im.." 1m.." pond. After stonn water is transfeITed to the containment pond it would be inspected a second time for oil, ammonia or other contaminants. If none are present, the operator/maintenance personnel would open the valves releasing the stonn water into the sewer system. If contaminants are present, the containment pond would be pumped out and the materials disposed of as required by City, DEH, and RWQCB regulations. Back up warning devices on the valves will warn operators if the valves are inadvertently left open. The facility will be required to obtain a Srnte Industrial Activities Stonn Water General Pennit as required by Federal Regulations (40CFR, Parts 122,123, and 124) that implement the Clean Water Act of 1987. The goal of the pennit is to reduce or eliminate stonnwater pollution and other impacts to surface waters I' TOm industrial sites. The stonnwater pennit requires operators of industrial facilities to develop a Stonnwater Pollution Prevention (SWPP) Plan. The Plan would identify existing and potential sources of stOlmwater pollution, and describe how the faciJity would reduce or eliminate the potential for stonnwater pollution. The SWWPP Plan would outline the faciJities stonnwater conrnminant assessment (high quantities of suspended soJids). The plan would display a stonnwater site map identifYing drainage patterns, discharge structures and points, paved areas and buildings, areas of pollurnnt contact, and areas with soil erosion potential. The plan would include Best Management Practices (BMP's) to reduce tlie potential for stonnwater pollution that include good housekeeping, preventive maintenance. spill clean-up procedures, stonnwater flow control features, and employee training. The plan would identifY practices and facility features designed to control pollution at its source. Another requirement is the development and implementation of a stonnwater-monitoring plan in conjunction with the SWPP plan. PG&E Dispersed Generating Company would work closely with the Regional Water Quality Control Board (RWQCB) to detennine BMP's and identifY the most effective way to design features to control potential stonn water contamination. V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to 0 0 0 ~ an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 0 ~ c) Alter air movement, moisture, or temperature, or 0 0 0 ~ cause any change in climate, either locally or regionally? d) Create objectionable odors? 0 0 0 ~ e) Create a substantial increase in stationary or non- 0 0 0 ~ stationary sources of air emissions or the deterioration of ambient air quality? Comments: The power plant consists of a simple cycle, natural gas-fired turbine operating at not more than 15,600 Btu/kW-hr with a net output not greater than 49.5 MW and heat input of 764.4 MMBtu/hr. The turbine would operate not more than 15.75 hours/day and not more than 4,980 hours/year. Startup and shutdown of the units would be Jimited to ensure operation would not exceed Air Quality Impact Analysis (AQIA) threshold levels. A Selective Catalytic Reduction (SCR) unit with an ammonia injection grid would be installed for control of oxides of nitrogen (NOx) emissions. A high temperature SCR system would be used to control NOx emissions to not mOre that 5 ppm @ 15% 02. Ammonia slip would be limited to 10 ppm @ 15% 02. Natural gas firing and good, efficient combustion practices would be used to minimize particulate matter (PMIO), oxides of sulfur (SOx), and volatile organic compounds 6 4-3'1: 7/20/00 - ., P"",daD, """,daD, Signu><an! "'" than Signifkan Un!", SignIr""n! Nn Impact Mitig"'" Impact Impact (VOC) emissions. Gas turbine operations would comply with Rule 69.3.1, as well as with other Air Pollution Control District (APCD) rules associated with fossil fuel fired operations. A Best Available Control Technology (BACT) evaluation was prepared in fulfillment of the current San Diego APCD Regulation II, Rules 20.1 through 20.9, New Source Review (NSR). The BACT evaluation addressed control of NO x, VOC, PMIO, SO2 and NH3 emissions from the proposed turbine. Annual NOx emissions from the site would be below major stationary source and AQIA thresholds. The BACT Evaluation submitted to the APCD demonstrated that the proposed turbine installation would be in compliance would all applicable emission rules, and that the emissions would be below the standards established by the APCD. No significant air quality impacts would result from the operation of the proposed turbine facility. Source: PG&E Dispersed Generating Company, LLC, Application for Authority to Construct ChuIa Vista Power Plant Submitted to San Diego Air Ouality Pollution Control District, January 6, 2000. VI. TRANSPORT A TION/CIRCULA nON. Would the proposal result in: a) Increased vehicle trips or traffic congestion? 0 0 0 ø b) Hazards to safety from design features (e.g., 0 0 0 ø sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) In?dequate emergency access or access to nearby 0 0 0 ø uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 ø e) Hazards or barriers for pedestrians or bicyclists? 0 0 0 ø t) Conflicts with adopted policies supporting 0 0 0 ø alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 ø h) A "large project" under the Congestion 0 0 0 ø Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The facility would be unmanned and remotely operated by PG&E DG control center persOimel. PG&E DG personnel or a local subcontractor would routinely inspect, service and maintain the facility. It is anticipated that operating and maintenance personnel would visit the facility 2 to 3 times per week. Vehicular traffic would be limited to operating and maintenance vehicles. Aqueous ammonia would be delivered by tanker truck as needed. During the peak operating period of May through October one to two tånker trucks per week would be required. In the ,,'inter season few, if any, deliveries would be required. Major overhauls of the turbine generators and pollution control equipment would occur every two years and require 2 to 3 weeks to complete by a crew of 10 to 15 technicians. Access to the site would be from Main Street via an existing access road located within a private easement. The access road would be improved as per City of Chula Vista requirements. No hazards to pedestrians or bicyclists would be created. The proposed electrical plant facility would be consistent with 7 4-39 7/20/00 - .., Po"ndaDy Po"nt~Dy Signif""'nI "" than Signü""nt Un'"" Signir""nI No Imp'" Mitig,t<d Imp'" Imp'" all local transportation policies, including parking, and would not result in impacts to rail, water, or air traffic. No significant transportation/circulation impacts would occur. VII. BIOLOGICAL RESOURCES. Would fhe proposal result in impacfs to: a) Endangered, sensitive species, species of concern 0 1>1 0 0 or species that are candidates for listing? b) Locally designated species (e.g.. heritage trees)? 0 0 0 1>1 c) Locally designated natural communities (e.g., 0 0 0 1>1 oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 1>1 poo!)? e) Wildlife dispersal or migration corridors? 0 0 0 1>1 f) Affect regional habitat preservation planning 0 0 0 1>1 efforts? Comments: The site is devoid of vegetation except for exotic plant material located in the drainage swale along the western property boundary. No animal species are present on-site. The site has not served as a wildlife dispersal corridor because the property has been fenced for several years. The area immediately south of the project site is a heavily vegetated riparian habitat associated with the Otay River. The Otay Valley Regional Park Concept Plan and the City o;Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan identifies the adjacent area as "open space/preserve area." Vincent N. Scheidt conducted a focused biological survey of the adjacent area to the south in March and April 2000. Riparian woodland vegetation is present immediately beyond the southern fence line of the property. Indicators in this habitat include Black and Arroyo Willow (Salix gooddingii, S. lasiolepis), Mule Fat (Baccharis glutinosa), San Diego Marsh Elder (Iva hayesiana), American Bulrush (Scirpus olneyi), and Cattails (Typha lati/olia). Also present in and along the periphery of the riparian area are noxious and weedy species, including Castor Bean (Ricinus communis), Tamarisk (Tamarix), Giant Wild Reed (Arundo donax), Indian Rice Grass (Oryzopsis miliacea), and others. These have degraded the riparian habitat to a degree, although this wetland is still of regional significance to area wildlife. The only animal species associated with the project site itself are locally common species, such as Housefinch (Carpodacus mexicanus), English Sparrows (Passer domesticus), House Mouse (Mus musculus), Western Fence Lizards (Sceloporus occidentalis) and other vertebrates that are tolerant of or dependent upon development. The riparian area, however, supports a diversity of native species, including Song Sparrows (Melospiza melodia), Yellow Warblers (Dendroica petechia), Least Bell's Vireos (Vireo bellii pusillus), and others. Utilization of the site will have no direct, adverse impacts to area wildlife or sensitive species. Only insignificant impacts, as defined by CEQA, to locally common species and weeds will result from site development. However, indirect impacts are considered potentially adverse and significant, as deEmed by CEQA. A number of obligate riparian songbirds were detected during the surveys for this report, including several sensitive species, and others are anticipated to occur in this area. These species could be adversely affected by noise created by the construction of the proposed power generating facility. Mitigation measures listed in the attached Mitigation Monitoring and Reporting Program would reduce the potential 8 4-40 7/20/00 - '"r p"",'iany pot..tiany Si..i(~., £.=11.... Signif'~.' U""" S'""ifi<a.t N. 1m.." Mitig"'" 1m.." 1m.." impacts to a less than significant level. Noise produced by the operation of the plant could result in adverse impacts to sensitive species occupying the riparian habitat south of the project site. An analysis of plant operation noise is contained in Section X of this Initial Study. Sources: City of Chula Vista, Otav Vallev Regional Park Concept Plan February 21, 1997, p. 37. City of Chula Vista, Multiple Species Conservation Program Subarea Plan, January 4, 2000 (Administrative Draft). Scheidt, Vincent N. A Biological Resources Survey Report for the Proposed PG&E Dispersed Generating Companv Power Generating Plant, May 2000. VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? D D D C!< b) Use non-renewable resources in a wasteful and D D D C!< inefficient manner? c) If the site is designated for mineral resource D D D C!< protection, would this project impact this protection? Comments: The proposed facility is an electrical power generation plant designed to meet the local and regional electrical requirements as well as providing for regional transmission system and local distribution grid support. Providing transmission and distribution grid support as well as additional electrical capacity would enhance the reliability of electrical service to the San Diego region. The project site does not contain any known mineral resources. No significant energy or mineral resource impacts would occur and no mitigation measures are required. IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of D D C!< D hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency D D D ¡ response plan or emergency evacuation plan? c) The creation of any health hazard or potential D D C!< D health hazard? d) Exposure of people to existing sources of D D C!< D potential health hazards? e) Increased fire hazard in areas with flammable D D D C!< brush, grass, or trees? 4-4/ 9 7/20/00 - ., Pol"'~Uy Pot"",,"y s~"'" L=lbn. "-,, om." Signir=nI N. ~ Mi"<"", 1m"," 1m"", Comments: Main Street is identified as an Evacuation Route in the City's General Plan (p. 8-6). The unmanned power plant, located south of Main Street, would not result in a significant impact to the City's emergency response plan or emergency evacuation plan because the plant would not require evacuation. Traffic congestion would not occur as a result of the plant's operation and maintenance. A Hazardous Materials Business Plan would be prepared in accord with the requirements of the County Department of Environmental Health requirements. The Business Plan would identify emergency response coordination with the City's emergency responders, emergency drills, and associated training. Hazardous materials that would be used at the proposed plant include transfonner oil, lubrication oil, cleaning fluids, and aqueous ammonia used in the control of NOx turbine emissions. The aqueous ammonia is the primary hazardous material of conGern for accidental release. The aqueous ammonia would be in a 19% concentration, and would be stored in a single 12,000-gallon tank. A Risk Management Plan (RMP) that identifies safety procedures, accident prevention, analysis of external events, and emergency response procedures would be submitted to the County of San Diego, Department of Environmental Health, Hazardous Materials Division for approval as required by the California Accidental Release Program (CaIARP). The RMP would identify the potential effects of accidental releases and design features to minimize risk. The design features would include containment benns and secondary containment as shown on the project site plan, emergency shutdown procedures, ammonia sensors, training procedures, emergency response, and other safety procedures required by CaIARP. Preliminary modeling prepared for the project indicates no adverse health affects would be experienced under reasonable accident scenarios utilizing on-site control features required by the RMP. Final modeling results would be submitted to the County Department of Environmental Health (DEH). The DEH would issue the RMP for public review and comment; public review is anticipated to occur in July 2000. Natural gas used to fuel the turbine would be delivered to the site by an extension of the existing underground natural gas line in Main Street. Natural gas from the underground line would be injected directly into the turbine and would not be stored on-site. Automatic shutoff valves would close the gas line in the event of a plant malfunction or ground shaking activity that could allow natural gas to escape to the atmosphere. An automatically operated fire suppression system would be installed at the facility to extinguish gas or electrical fires. Flammable brush, grass, and trees are not present on-site or on the adjacent properties. The project would not result in a significant fire hazard X. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 ¡; 0 0 b) Exposure of people to severe noise levels? 0 ¡; 0 0 Comments: The project site is sUlTounded by industrial land uses to the north, east, and west. The adjacent area to the south, within the City of San Diego, is designated as "open spacelhabitat preserve." The nearest residential property line is 360 feet west of the project site. The City of Chula Vista MSCP Subarea Plan requires that excessively noisy uses or activities adjacent to breeding areas, including temporary grading activities, must incorporate noise reduction measures or be curtailed during the 10 4-c/d.- 7/20/00 - ~ Po"nllail, Pot"llail, S;go"'",nl "" than S;go_n! Unl", Signifi<anl No 1m"." Mid,..", 1m"." 1m"." breeding season of sensitive bird species. The applicable noise standards are: . The City ofChula Vista Municipal. Code (§ 19.68.030) noise standard for light industrial land use areas is 70 dB during the hours of7:00 A.M. and 10:00 P.M. on weekdays (8:00 A.M. to 10:00 P.M. on weekends) and 70 dB during the hours of 10:00 P.M. and 7:00 AM. on weekdays (10:00 P.M. to 8:00 AM. on weekends). . The City of Chula Vista Municipal. Code (§ 19.68.D30) noise standard for residential land use areas is 55 dB during the hours of7:00 AM. and 10:00 P.M. on weekdays (8:00 A.M. to 10:00 P.M. on weekends) and 45 dB during the hours of 10:00 P.M. and 7:00 AM. on weekdays (10:00 P.M. to 8:00 A.M. on weekends). . The City ofChula Vista MSCP Subarea Plan (p.64) states that, "Construction noise within 500 feet of an occupied nest for the coastal California gnatcatcher, least Bell's vireo and raptors should not exceed 60 dB during the following periods: February 15 through August 15 for the coastal California gnatcatcher, March I through September 15 for the least Bell's vireo, and December I through June 31 for raptors. If grading activities are proposed within 500 feet of an occupied nest identified in a pre-construction survey during the applicable breeding season(s), noise reduction techniques, such as temporary noise walls or benns, shall be incorporated into the construction plans to reduce noise levels below 60 dB Leq. Outside the bird breeding season(s), no restrictions shall be placed on temporary construction noise. Noise sources associated with the proposed project can be identified within three categories: (I) construction noise; (2) mobile noise sources, generally consisting of noise from cars and trucks; and (3) stationary mechanical equipment operation. The Chula Vista Municipal Code exempts construction and demolition activities from its exterior noise level limitations. However, most municipalities consider construction activities on Sunday or Nighttime as intrusive. Constructicn noise will usually exceed typical background noise levels but will generally be for a short tenn and will generally occur during daytime hours on weekdays and Saturdays. Mobile noise sources after construction is completed will consist of operations and maintenance vehicles that will contribute negligible overall noise to the area and will not further be considered. Noise from the stationary mechanical equipment will come from five dominant sources: . The two separate engine air intakes and single turbine exhaust. Full acoustic data is not currently available for these engines; however, initial engineering estimates are for each of these three openings generate about 140 dB(A) directly at the opening. . Direct noise radiation from the equipment, a currently unknown sound level, is estimated to be a maximum of 105 to 115 dB(A). . The high pressure reciprocating natural gas compressor is estimated to operate at 100 dB(A) at a distance of 10 feet ITom the unit. This is based on data taken at other natural gas compressors. The manufacturer will supply actual data at the time of unit specification. . The high volume air blower for generator cooling is estimated it to operate at 100 dB(A) at intake and exhaust openings. Full acoustic data is not currently available for the blower. . Noise data for the absorption chillers and pumps, to be located inside the turbine enclosure, is not currently available. The manufacturer will supply sound data at the time of unit specification. 11 413 7/20/00 - "' Potmtially Pot"",Dy S-.,nilkaot 1= than Signir~nt U'"'" SI,nilkant No 1m."." MUigat'" 1m."." 1m."." The stationary mechanical equipment could produce noise levels as high as 130 dB(A) at the property line if noise control measures are not included in the plant design. Precise noise data for each component in the plant is not available at this time because specific pieces of equipment to be installed have not been selected. Consequently, it is not possible to provide a final noise control system design at this time. A variety of conventional noise reduction techniques would be included in the plant design. Noise reduction techniques would be installed, as needed, to reduce noise levels to 60 dB at the property line. Noise reduction techniques that would be utilized have noise reduction characteristic as follows: Technique Noise Reduction In Line Silencer 2 to 5 dB per foot Louvers 10 to 20 dB per unit Lined Right Angle Turns in Ducts 4 to 8 dB per turn Lined Covers at InletlExhaust 4 to 8 dB (one per unit) Noise Containment Walls 6tol8dBperunit Note: The actual values oj sound reduction are frequency and unit dependent. These values are intended only as an overview oj capabilities. As can be seen ITom the above list, 20 feet of silencer at 3 dB per foot (60 dB) plus two right angle turns (6 dB / turn), a louver (IS dB), and a cover (6 dB), provide approximately 93 dB reduction in noise. 111erefore, noise ITom each of two combustion engine inlets at 140 dB (A) should be reduced to 47 dB(A). While this is relatively quiet, it should be noted that if all of the individual noise generating components are summed after reduction to an equivalent level for the five known listed noise generating components listed above, the sum of the noise would equal almost 57 dB(A). This analysis is not intended as a final de.scription of techniques for this project. The final analysis would include specific details including full frequency analysis for each system component. Portions of the project require special consideration for the noise mitigation systems. These include: . The 900-degree (Fahrenheit) system exhaust. This will require silencing systems designed to ensure ongoing system functionality. . The high-pressure natural gas compressor. The State of California mandates open-air ventilation requirements; these must be maintained by the noise quieting system. A six-step mitigation program has been prepared that assures compliance with the City of Chula Vista Noise Ordinance standards and the 60 dB(A) guideline contained in the City ofChula Vista draft MSCP Subarea Plan. The six-step mitigation program is contained in the attached Noise Mitigation and Monitoring Program. A final set of mitigation measures will be fonnulated during the design and construction phase to address precise noise data ITom each component piece of equipment to be installed. Implementation of the specific mitigation program would reduce noise impacts t060 dB(A) at the property line and result in a less than significant level of noise impact. XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need tor new or altered government services in any of the following areas: a) Fire protection? 0 0 0 t8 12 4- 4-cf 7/20/00 . ~ "'~t"lly P"'~ti,lly Signir~.t u.. than ",.m",", U.I~ S'ogttifiat., N. Imp", Mllt""" ImP'" Imp'" b) Police protection? 0 0 0 t1O c) Schools? 0 0 0 t1O d) Maintenance of public facilities, including roads? 0 0 0 t1O e) Other governmental services? 0 0 0 t1O Comments: No new or altered governmental services would be required to serve the project. The Fire Department has specified that the existing access road be improved to a minimum 20-foot wide all weather driving surface between Main Street and the project site. No impact to schools would occur because the project would not generate any students. School fees would be paid as required by the school districts. Development impact fees and traffic signal fees would be paid as required by the City ofChula Vista fee schedule. Fire and police protection can be adequately provided to the site. XII. Thresholds. Will the proposal adversely impact the 0 0 0 t1O City's Threshold Standards? As described below, the proposed project does not adversely impact any of the Threshold Standards. a) Fire/EMS 0 0 0 t1O The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista has indicated that this threshold standard would be met, since the nearest fire station is three miles away and would be associated with a six-minute response time. The proposed project would comply with this Threshold Standard. Comments: The fire/EMS threshold would be met as reported by the Fire Department. b) Police 0 0 0 t1O The Threshold Standards require that police units must respond to 84 % of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10 % of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project would comply with this Threshold Standard. Comments: The police threshold would be met as reported by the Police Department. c) Traffic 0 0 0 t1O The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. The proposed project would comply with this Threshold Standard. Comments: As indicated by the Traffic Section of the City's Engineering Division comments, the traffic threshold would be met because the project would result in only two or three trips per week. 4 ~ c/s- 0 0 t1O 13 7/20/00 . .,. p""Dliany p""Dliany SIgnü""DI "'" 'haD SignilkaDI UDI= SIgnlfiUDt ND Impact MIll.."" Impact Imp'ct d) Parks/Recreation The Threshold Standard for Parks and Recreation is 3-acresll,000 population. The proposed project would not result in additional population. Comments: No additional park and recreation facilities would be required because the project would not increase the population of the City ofChula Vista. e) Drainage 0 0 0 ø The Threshold Standards require that stonn water flows and volumes not exceed City Engineering Standards. Individual projects would provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. The proposed project would.comply with this Threshold Standard. Comments: The project is designed to comply with all of the City Engineering Standards, Drainage Master Plan requirements, and RWQCD regulations. Section I above describes the proposed on-site drainage facilities. The project design would be consistent with the drainage threshold standard. f) Sewer 0 0 0 ø The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects would provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project would comply with this Threshold Standard. Comments: No sewer facilities are proposed to be installed at the power plant facility. g) Water 0 0 0 ø The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and those water quality standards are not jeopardized during growth and construction. The proposed project would comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building pennit issuance. Comments: Potable water would be extended to the site fÌ'om the existing water main in Main Street. Potable water would be used only for the drinking needs of operating personnel and equipment maintenance. The natural gas turbine and other equipment would be air-cooled and would not require water for cooling purposes or operation. However, the plant may choose to use water injection for a more emcient pollution contro1. Inlet chilling may be used to minimize power output degradation due to high ambient temperature. These uses, if utilized, would range from 3,000 gallonslhr to 6,000 gallons/hr. The operation of the power plant facility would not result in a significant impact to the City of Chula Vista water system. XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to thefol/owing utilities: a) Power or natural gas? 0 0 0 ø b) Communications systems? 0 0 0 ø 14 4 ~ c/G 7/20/00 . -r Pot.DtlaOy PD"D'laOy S;gnitkaDt ""'than S;gnif""Dt U""" S;gn¡r"".. ND Impoct Midgo"" Impoct Impoct c) Local or regional water treatment or distribution 0 0 0 " facilities? d) Sewer or septic tanks? 0 0 0 r¡¡ e) Storm water drainage? 0 0 0 " t) Solid waste disposal? 0 0 0 " Comments: Electrical service would be obtained from circuits located on the existing 69 kVelectrical transmission line along the eastern property line. An underground natural gas line would be extended to the site from the existing natural gas line in Main Street. An underground telephone line would be extended to the site from the nearest availab]e service. Water service would be extended to the site from the existing water main in Main Street. Sewer service is not proposed to be installed at the facility; however, it should be noted that an existing sewer line crosses the property in and east-west direction along the northern property line. The project site wou]d be graded to drain to a new catch basin at the southwest comer of the site. This catch basin would discharge into an existing drainage swale that is part of the City of Chula Vista storm drain system. A negligible quantity of solid waste would be generated by the unmanned power plant. New services systems, or substantial alteration of existing systems, would not be required for the operation and maintenance of the power plant. XIV. AESTHETICS. Would the proposal: a) Obstruct any scenic vista or view open to the 0 0 0 r¡¡ public or would the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a scenic 0 0 0 r¡¡ route? c) Have a demonstrable negative aesthetic effect? 0 0 r¡¡ 0 d) Create added light or glare sources that could 0 0 0 r¡¡ increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? e) Reduce an additional amount of spill light? 0 0 0 r¡¡ Comments: The project site is not located in the viewshed of an identified scenic route, vista, or view. The site is located in an industrially zoned area and is surrounded on the north and east by existing industrial development. The currently vacant property to the west was previously used for an industria] activity, and is planned for reuse as an industrial activity. An existing single-family residential area is located westerly of the vacant property. The project site is screened from westerly views by mature vegetation along the drainage swale that parallels the western property line and by fencing along the drainage swa]e. Single-family residences are located 1,350 feet to the south across the Otay River valley. These residences are elevated approximately 40 feet above the project site, and have a distant downward 15 4 - c.( 1 7/20/00 - '"I P""""" Pot~tiall, "opffiaot "" ""0 Signifiaot U..... signir~o' No Impact ....,... Impact Impact view across the project site. The distant southerly views of the site are partly obscured by mature trees along the southern property line. The proposed power plant project would not result in a significant impact to views from the north, east, west, or from the distant southerly views. The Otay Valley Regional Park is located immediately south of the project site. The dense riparian vegetation along the river channel extends to the southern boundary of the site. This vegetation completely screens the site from view to hikers using the existing trails along the river channel. Consequently, the proposed power plant would not result in a significant visual impact to trail users. The Otay Valley Regional Park Concept Plan shows a conceptual trail along both sides ofthe river channel. However, the alignment of the trails is at a concept stage and an exact alignment has not been identified. Given the location of the existing trail along the north side of the channel, and the configuration of properties abutting the park, the future trail alignment is likely to be located near the existing trail. Thus, it is anticipated that the power plant would not have' a demonstrable negative aesthetic effect on future trail or park users. No night lighting of the facility is proposed except for required safety lighting. Implementation of City Code standards would reduce light and glare produced by the installation of safety lights to a less than significant level. The project landscape plan proposes a ten-foot high chain-link fence with opaque screening slats around the perimeter of the site. Tristania conferta and Pinus canariensis trees in IS-gallen and 24-inch boxes are proposed to be planted along both sides of the fence with grouping of trees in selected locations. The existing slopes along the eastern property boundary would be planted with one-gallon Cotoneaster dammeri, four-feet on center. The proposed fencing and landscaping would further screen the power plant from off-site views. XV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or the D D D ~ destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or D D D ~ aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a D D D ~ physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or D D D ~ sacred uses within the potential impact area? e) Is the area identified on the City's General Plan D D D ~ EIR as an area of high potential for archeological resources? Comments: There are no known cultural resources on the project site, or in the immediate surrounding area. The site has been previously filled with imported material from an unknown source. Consequently, the proposed project would not result in a significant impact to cultural resources. XVI. PALEONTOLOGICAL RESOURCES. Will the D D D ~ 16 4-c/g 7120100 - - Pot,,",Oy Poton!laOy Signiliant ¡"""'n Sign "'an! u- Signifkan! No Impact Mitlptod Impad Impact proposal result in the alteration of or the destruction of paleontological resources? Comments: The site has been graded and imported fill material placed on-site. Adjacent areas to the east and west have been similarly graded and filled. There are no known paleontological resources on the site or in the adjacent area. The extent of proposed grading is limited; therefore no potential impacts to paleontological resources are anticipated. XVß. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 0 c;: regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 c;: c) Interfere with recreation parks & recreation plans 0 0 0 c;: or programs? Comments: There are no recreational facilities in the vicinity of the site other than the Otay Valley Regional Park located to the south. The proposed power plant would not result in significant impacts to the park as discussed in Section XIV (Aesthetics) above. Existing and/or future uses of the park would not be significantly impacted by the power plant. XVIll. MANDATORY FlNDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an EIR is needed, this section shoukl be completed. a) Does the project have the potential to degrade the 0 c;: 0 0 quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: A number of obligate riparriparian sds were detected, including several sensitive species, and others are anticipated to occur in this area. All of these could be adversely affected by noise created by the proposed power generating facility. Such effects can be mitigated to a less than significant level through the implementation of mitigation measures included in the attached Mitigation Monitoring and Reporting Program. b) Does the project have the potential to achieve 0 0 0 c;: short-term, to the disadvantage of long-term, environmental goals? Comments: The construction and operation of Peak Load Power Plant at this location would not result in a significant impact to adopted long-term environmental goals of the City ofChula Vista as stated in the General Plan and other adopted planning documents. c) Does the project have impacts that are 0 0 0 c;: individually limited, but cumulatively 17 4-¥-9 7/20/00 -- ... Pot~I",Uy P"'.nliaUy S;pm",n! [.."Ihan S~n_n! Unl", S_I No 1m.." M"~"'" 1m.." 1m.." considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Comments: There are no recently completed projects, current applications, or reasonably foreseeable applications in the vicinity of the project site. d) Does the project have environmental effects 0 0 181 0 which will cause substantial adverse effects on human beings, either directly or indirec~ly? Comments: No substantial adverse effects on human beings would result from installing a gas turbine Peak Load Power Plant at the proposed project site. Please see Section IX for a discussion of potential hazards associated with the project. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The following project revisions have been incorporated into the project and would be implemented during the design, construction or operation of the project: None. The mitig:,tion measures listed in the attached Mitigation Monitoring and Reporting Program have been incorporated into the project and would be implemented during the design, construction or operation of the project: 18 q-~u 7/20/00 -. '"T XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read, understood and have their respective company(s) authority to and do agree to the mitigation measures contained herein, and would implement same to the satisfaction of the Environmental & Planning Manager for the Community Development Department. Failure to sign the line(s) provided below prior to posting of this [Mitigated] Negative Declaration with the County Clerk shall indicate the Applicant(s) and/or Operator(s) desire that the Project be held in abeyance without approval and that Applicant(s) and/or Operator(s) shall apply for an Environmental Impact Report. Printed Name and Title of Authorized Representative of [Property Owner's Name] Signature of Authorized Representative of Date [Property Owner's Name] Printed Name and Title of [Operator if different from Property Owner] Signature of Authorized Representative of Date [Operator if different from Property Owner] 19 4 - ~- ( 7/20/00 - '1 XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. 0 Land Use and Planning 0 Transportation/Circulation 0 Public Services 0 Population and Housing . Biological Resources 0 Utilities and Service Systems 0 Geophysical 0 Energy and Mineral Resources 0 Aesthetics 0 Water 0 Hazards 0 Cultural Resources 0 Air Quality . Noise 0 Recreation 0 Paleontology . Mandatory Findings of Significance XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, 0 and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, . there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but 0 at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 0 (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. 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Q: ~ ! 5: * i ~ go ¡¡ '" ~ ~ 3 Õ, :þ ~ ro~" ,,~ I", Q".= TI ~<R- õ£=-~~ = ~-ro"-"Q.~ - ~ ..~ .g¡! 3i g~ §-5 -=~:;::iF ¡¡ !~gl 11 ;!g.<gi §~,*lI ;¡: ~ [ Ig ~~, H ;';;¡g: H "i~~~~"~g r~"'~i~a ::¡ 3 i! ~~ ~:;< Q ¡¡ ,.. ~ ~" .'" ~, ê,¡~i5 g: » - :!! -I :þ ~ <~ õ ' - ~" z ~ ~~ ;¡: " a~ 0 ~ ~a ~ -I ',0 ;0 ~ z g G " 0 ~ N x~ ¡¡¡ ;¡:::! - 3; 3 õ' 3' 0 0 a~ X xg §. õ'a . i ~ g~~ ~"" a"- ~ TI "Q. ¡j a c/-~ ~ ID a. '" ... w ~g~""" g~~~8~~a~~ . m~8 ~~~oc~m~8~ ~~~I~i¡~i ~8gl~I:~3~ g~g~igg~ . ~g3m~g@m ~33~1~&=2§ ~W~!ro~l~ ~nroØ-3!- ro2!0~!-~lø aro~ a!ø~ !ra f~~~ all~~~¡:gr l~gg!lgø ~ > -a~ ~g~g~12Ro- ~~&.~ ~ &.g§ H~ "8Q,.Q<È::¡.õ~~8~ <og:~~~~.~ ~~~ n~a ~~R~~;;R~. <Èi!~ro8 ~3a ~!~ ~ro.I~Q~m.Q, _ro~:~~ !I~ i~g ~8f!i!~¡i~ 11;~Ji !~ ",!õ' n¡¡~~'O!~~g~ o.~~ro~m ~~ g-~ i5~~i~~i~! ¡ ~iit £3 .o!~~3a~~ ~ ~:!a I~ ~~~ ~ooo; ro roo~~ ¡g¡f ~.z¡t ~~¥ fro 1t ¡pi ~~¡¡ ;~ gQ,[ £!g.!fg ~ §~!õ~ » i.~ ¡¡;.9õ ~õ~!!!.g. ':'. ~g~iif_" "" ro~ ro£~ ~Rma¡¡¡ g. ~s:= 0 ~ g 0 ~ ro ~ ;:;:¡¡¡~a ~ g-~ c ::J' ~8. ~ ~ ~ =ro{5 ~ gro ~ ~ - ~ g m ~ ~ ~~;;' ~ ~ ,,3 a ~ ~. ~ ro 0 ro n ~ g, g - g -0 ~ w X X X > þ þ ~ ~ ~ a a a a a a q- -- ~ ~ ~ .., ~ 'blt!>!;¡ 100 ;"""\;~';'~::;~~'~;:~¡::h:~;,;:::7':;r"." 01 August 15, 2000 , hl"""."ot,"",ht,"",,"o",h " d., thol, co""ol .." . :~:::~::::~ ~:';;~;'~;;. ~:t~~::~¡~:;f::;~: ,"p".b.. 2B. 1820 .. n 409 Palm Ave., Suite 100, Imperial Beach, CA 91932-1121 Tel: (619)429 '7946 g ~g '-'-- :'.0:: ~ '~:~ Hon- Dede Alpert - ....., state Capitol -1 .,; Sacramento, CA 95814 U ~ .-- Dear Dede, ~ . ,-, ~ Be careful and DON'T PANIC. We're not yet (as soon as the 25 mile Valley-Rainbow power line is built) short of electricity, just low-priced electricity. See high-lighted portions of "Act quickly to keep the lights on" by Jessie Knight in the June 25 r 2000, Union-Tribune (UT). (Attach. 1) I checked with two professionals at the ISO; both said Jessie is right. Better yet to heed high-lighted portion of Michael Shames "San Diego's energy woes will grow" in the July 7, 2000 UT. (Attach. 2) He likes fuel cells and photovoltaics. Peter Asmus backs up and goes further than Shames in "Sacramento can't solve energy crisis", UT, Aug. 1, 2000, concerning fuel cells and solar photovoltaics. AND, if Chuck Linderman is quoted correctly in "New wave: Generate your own power", UT, July 7r 1999, (Attach. 4), investors in all the new "central power plants" are likely to lose their shirts. Dr. Larry Bird at Assemblywoman Denise Moreno Ducheny I s Aug. 2, 2000, in National City, Electricity Rates Hearing also said that people will have their own photovoltaic systems using central grid only for back-up. Finally, at no charge, we'll throw in our own May 26, 1999, MEMORANDUM, "SUBJECT: Silicon Cell Photovoltaic Electricity Generation" commonly referred to as photovoltaics or just plain "pv". We've known about Oregon's TRANSITION since 1975. ~~inCereIY cc: Hon. Denise Moreno Ducheny C With attach. William E. , :resident - 'r )(¿-~£?'~¿,Qr¡¡;9 c¡ ~~~ 'f3... ~~ c./... Mal; 26 1999 ::.~:;n¡:;:~;:m!i:!~~~::!~::~~::a..n af SGq~:It~'_.,):c ~:J';]iE:-':Jc ."...ttan. tho --..y " ,- .ok. It It.. th.. bat to Infa.. to." ""an- Tha_. .,If...aa S.ptMb.. ,", 1120 409 Palm Ave., Suite . ;- -/ --- . , TO: San Diego County Board of Supervisors -- San Diego City Council Chula Vista City Council FROM: William E. Claycomb, President SUBJECT: Silicon Cell Photovoltaic Electricity We assume you are leaders and work for the good of the people. As such, the following information requires your action. If you don't know what to do, call us. The technology has been here over 25 years but so have spineless politicians. Dr. H. G .yford Stever, Director, National Science Foundation, in June, 1974 Congressional testimony said: If- - - The demonstration of an array cost of ~100 fo $300/Deak KW for commercial production at the rate of 10 watts/year by 1990 has been forecast for arrays. - __" Mr. Eugene .L. Ralph, Vice-President, Research and Development, Spectrolab, a Division of Textron, Inc., in June, 1974 Congressional testimony said: II The fruits of the R & D activity would then provide the fëchnology to achieve a cell cost of about $ .30 per peak watt by 1983 ..." (That's $300/peak KW) Dr. Charles E. Backus, College of Engineering Sciences, Arizona State University in June, 1974 Congressional testimony said, "- - - an evolution of production facilities to get up to the throughput required for extremely low cost cells (20-50C¡:/peak watt)." (That's $200 - 500/peak KW.) Dr, Paul Rappaport, Director, Process and Applied Materials Research Laboratory, Radio Corporation of America in June, 1974 Congressional testimony said, ". . . by the year 2000, 10C¡:/peak watt or $100/peak KW cost would be reasonable in quantities of 50 million peak kilowatts per year. - __" - .,. --- -'----. -2- The ~ Corporation in their Report to the National. Science Foundation, December 1973 stated:" Costs may drop to about $0.50 per Watt (peak) by 1985, -and $õ.10 'per Watt (peak) by 2000, - - _" (That's $100!peak KW by 2000) In 1999 at http://www.windsun.com!PV Stuff!pv pricing.htm, you can get a list of 7 manufacturers of 60 different solar panel models "J' The prices per kilowatt range from $4,790 to $21,360. WHY were those top scientists and engin~ers so far off and wrong 25 years ago in 1974? because the oil, gas, coal, nuclear BIG ENERGY industry madê sure solar photovoltaics didn't happen. Now, it's your turn! 1Jf(Í!f':...-A__¡;::J ~~~ Wi~/~C~ýCo¡Ö; President For your further information: Forbes Magazine, October 15, 1974, quoted Jerold Noel, a solid- state physicist with the project: " an average house around Philadelphia could produce enough -energy to supply the needs of the home, with enough left over to, say charge an electric car!" Noel was talking about producing electricity from silicon cell photovoltaic solar panels on the roof of the house" The proj ect he was with was by Tyco Laboratories of WALTHAM MA with $30 million in funding from ~ ~ The above quotes are from TRANSITION, A REPORT ENERGY COUNCIL, PREPARED BY: THE OFFICE OF OF OREGON, JANUARY 1, 1975, 'The Solar A ernative" ~ .,. , A-1f~ehÞ I¡ ,,',.- r , i 81!1has J I ' .~man as ",,0 as a rich supply ot I Jobs. In Ium, this has pIaœd sJønUi.', " I canl demands onlheregion'slnfra. , ;:: slructure,espeda]Jyoureoergysup.' ; ply. Whileour..,ergysupplymaybe ' , I reliablein.theshortnm"",needlo : begin planning now how 10 meet the " reg;onalneedsoflhduIUre." ',' ,"'" Wemustac:tquJddylotakeprria""" , tive steps 10 ensure oW- region the' ',o" : power il needs for the future. The situ: ", ' ation Isseriouland'weIkIacum..,ted. ,', ~ The CaDCoriùa /ndependemSystem Operator(!SO);the'1'l81llzaönn!' " chargedwithensuriiig_reliabili" ,,!'If,"" "', ,'" tythrnughoutthealale,oonaldensthe '. ..,."'; , ',', San Diego reg;on 10 be oneoIthe /tlsaprioritylortheSanDiegoRe,., areaswherethe.......,._1y1Dd 'gionalChamberofCommercetoe"" e grid situation ""' ~ vulnerable. U sure that measures are taken 10 Id. " " Thelalìies, though. ""' larger than we do nothing. San Diego wID face Be- dress this pressing need. In order to :', . just securing needed eneroy - thoro riOllS eoergy ohorta¡es by 2IJOf and " attract high technology and manufao. also Is the question olkeeping our en- our ørowing eeonomy maytaoe an 0":;', b.Iring com~es to San Diego. ,as weD 'i 'èrgy costs io1w, For ..-era! years, Cali. . : stacle/tcannotovercome. ';" '::',' :., asretain....tingones;~mustaug, , lomiahasbeenreslructuringitseleo- TheCaDfomia'Energy~ ,," menttheamountolpmverw~.øeneo; ,; lriåtyutilityinduslJy. in part to drive I the Ca1iIomia'PublicUtiJltlOsComniis;,' atelocaDy, ,,' ,J, ""'""..'" ,"',' eneroypriceslower!hroughcompeti" I slou, and the Ca1iIomia ISO.... r" ,. ',,' AD ~enl near.tenn solution Is."" tion and create maro options in the ,CharøedwiththeresPoilSibiDtyoI""""':theCOll8U1ldlonOltheOta¡rM...,.., , marketplaee.",;, "",,',,' J vi1'WÌ"8'andapprovjngnewlnitiatives -": GeueratlngProject,a51(.me¡¡owatt, MorecompetitionÙ1theinduslJy, I I toimprove..,ergy_reDablDty.,' '" -gaafaàlJtylócateclÙ1th..,.,..- , should_gethedevelopmentol j We ohould otrongly encounlge these ..'" , --......." portion 01O1ay M- 1.5 '" new.......,. supply opdo,," for the re- " agendea lahnploment an intenlted ~" miJeI!;,1Hjh, of the U,s;tM,exk:o beJr.' .~ ," gion and provide 'do~ ~:; d" h_ÍI!>I>rO8chlood.;""" 'Thlò'h'tlië\.".Qt"""'tè8iDðI'J;.'. eIeic:triC~In'thefu" 'SeÝer;ÌI;' an compre ':'.~ ': del'. Ug ~ , 1~ " " on \\ire.. dressthe..,ergyneecisofSan Dlegó,-;' gies,thöladlltywiD beJ1!'8l'ly twice as ".prornisioa:i>roJecta~y air on the' , conolderiog-suc:h alternatives as:' " ':, ,. ,~ ef6åen1 and ten times dèaner ~ the" i drawingbbard.1n the mediwn 10 long :8increasÜ1B.SanDiego'.ImI~,:'" olderl'lal\la!hat.....currentIy~;It," ~time~~~3mic¡p-, sIon:e:apodlyloenableeneq¡youpplJ'. , ingInSanDiego~"~'4"'~ ovelob... ""fo~_eJedridtyÙ1lothe "'~~GI¡sI,one'ofthe ,""', soUl'CeSofcoinmer." regioa:,..~::"'cl" ,..,..,.,:. ".- '!"'~;;:::.: est '. ofPõWej¡iIantsIn:the:¡,:, dal-_eration. While not com. 8 BuDclln¡¡moregenen&nfadJ.: 1 COUDIJy.lanownearlýbaJfway." ".' men:laDyviableat this time, thesenow, I ties In the San Diego orea;-- , ': .. ,I"", , through lis œnißcation JI'OCOSS by the.. techilologieo wiD help meet our future I 8 ~ øreaœr.... of......'" ,:, CaDfornia Energy Comnùosion. There " energy needs and reduce dependence J!Y'OØIdencvtechnoloøies Iolœep œw: ' wiD be!liuDl< borne by the taxpa..... 00 single IDUI'œ generation laciliti... d"""¡toamlnlrnuni;",' ", ,', tobuildthianewpianLUnder,Calitol'-, WhatdoesaJIthismeantoSanDI... 8Ag¡reso1veJy""Ploringthe use 01 , I nJa"""'dereguJotïo"ruIes,~" ;", go<onaumen/'.. '. ,"" '," '" newdiatributed-I<clmoJo.: .,,' d-"""'bearm-oltherisk.,;""", ,'/tlMansthattheyneedlolocus" gies,lIICIt~ ~", The Otay Mesa GeneraiJiq¡ I'roJec:t , their - on energy Issues and ' tò'8 ", , ,J ", II'OVÎdes San Diogo with on exceDenL takethetimelobecomelnvolvedÙ1 i ~'oIenergy'. /!t¡¡~ ' '.: OIIOI1Untylo address ourdemond lor, , croftiDathesolutlonstomeetSan DIe- lnareceutl'OpOrt,thelSOincIIc:aIed ""liabIedoc:tricenergy.Therelsno ':' go'afutureenergyneeds,ltaiso "--, I that a comblnotion oI the above 01'.' ",'; -Ie -. alternadve.. thia " mana thoi they need to encourage dOll8wiD be roquired to meet San DJe. "" thnethoiwiDbenefitSanDiegotaat... rcllulalo....ndtheire!ectedotficial.,. I' go'sJll'OWlngeoergyneeds.'" oraddressourl'eÍOll'Sc:ump/ic:atcd," actqulddyon these new eneroy...,,> '" " situation better. 1òe", Is 00 doubtthat Plyprojec:ts,lDdaotgetboggeddowll I llaltldls CEOoIlbt_SD Ch_of , addJtIoaaJ_laneedednow.FaI~ In bureaucratic red tape, so that we I i CGmm""ond_~oIlbt 'urelooctqulddylDdpemùtdleco"" can oecureSan Diego'. energy and J Co_. PubIc U1IItf.. CommIssion. strudIon 01 a now fadtity Ù1 San DIego economic lutu",., 'T ..,. ,/J--tI- tZ ~ A. 2. .).70". '7j'fJ"". TheSenDleqoUnion'Tribune' friday,July7.20 Ì'J.;'¡""',I.:::".".,."".;, ",.","";:-,".;""";.~,>"",~,>,:,:.;,."J..,",,, . """"8 r ?ODD I ; ',it/;; ',,"1 ;:::,iOPINION p' . ;-<-, : 0";"'" : .. ' , I --- ..."1",,,.; " """ , ' ,"""",' ' , ' ,"'" .., ' Sàn~Dieg()'ß lenetgy: woeEfWill grow ¡ ,».;"';;0., , :,.: ,'", ¡q'I."" '.' V""""': ,.,,"" ',', ",....j¡¡j¡¡¡"iiou' ,¡¡,; f;; are1dlpowmess..d- opproprlateco............led!onoin ","'",",,"~ ..':"..;~~~,~, ","',', ' , ' ,pIaœ)lnthe!uturesmarl<elsSOlSto . ~'èD;Ihêdìrt;~I""¡;'" "', SmDiego' 'thefiistiej¡lonlntbe:-,-_u.......2001priœ " . '""," lobe.. løthe~ "'141::"""""""""""';"""'\""""" - . ;......~ ,,1!';~'Iø=~ð~~..':'n- ~ itiso_tl1Ït ,o.'1""",,""0_th.... Th...me-- . d"'1Uladon,wIII 's Ó',"'tenwlll """,......Iø...priœaelits IikelythotlMSm 1t"",'fornotuslngelec1ric1lyduringhlgb- / wlnneedlø"'ie"pintolœ;,,:,,:¡'.........-days., ""-"", ,', ' ...._~Iuodloeen "";:, .lœdI=tløtheSanDleoo\ògion" Icdenola04-""""""" ., ofthe~the"'Ie"' , The--oIlbe annüállr........dIIden'" ., Iricmarlœtb88be<fti¡ulck Inthls....,_busln... I1Ing. Wlthlnthepost4S ' andresldentisl.......,.....anbe" ,.~; 01 cIoetridtyforresldentisl............ ormcd with mo'" opllons to reduce en- hastrip1edfrom3.2"""pe<~ . ' "'IIfCOlURDJlpl!onln200W'i.,,'.., . 2. =:.:'=~~~- ~ In ~ :h.-=~":..,~~ kWhnlnthe~.tJilij2" 21"6' -..............oIthe/ad... . =.f~7..i,' ""lmelcdlø~ r Foumanbu løbea>mprehcnSlve is",-..IalIy ..'. !;andwil1lmeløroty.pon-,. podoltheelcclricir;-jirlceoD cobleand !~oItechno\ilolèslligenerotlonandco... : , _~I¡II~;;;;~~1:E.¡J":' "', ?~~-=-~....::r~;"""",~:,..ì¡¡") "",!, ,hou1dloplZcen"pe<kWhrciilislo'"'::.,:';"Jd)'>¡j;¡"¡",, \" ten1ly.Anddcm'be....qedbythe""":"", , ", ".. SDG&EreIwuI--""expet::" ".",'::'; - =~~~..:;;~,::" ,W":::,:" ~, ? ch""""cu......nlnl997lm-thebk>" '" ¡,' ",anceolbonda.that........'needcd;":;";< , ';1' but_bepaldboclc. Thercfund ,., ,"", , olth.........,;isnotafrceble-, ' '0'" ;""", .1ccliicbUlswlllbeln1\alcdbyinO\her'::' ': "_Iorthe.........,.....to ',: ", ,.0 . poyollthla1ødebtcdneoL ',"'; '"j,;; " _alsohasspa..n.d"" ," ',I . """"n_formaol ' ;:, '"I. , ~~~andm';.",:..:,<¡":;:" ,'..' T¡""'I~ b ~irof""""andmarlœt;~;,;un~;';';cdh.~~oîth~h""",: dOldoOlnIlOÕs,.-.."¡;¡'¡ling . man\pDl8IIon by"""- ',¡'ho1dbu_o~and 1ow-",boro<cen""...-..planiS..d '" utiIi1l..14(¡a1!om1athat-14I'~ _""°,""", '" '," ",.....,hIgb-tensI,,""""""'linÒs-" ~tLv San D\eøopoy!no hIgher""",-,;', Son D- are hcIng bull"'" by ,~ '_not be --In ligbtol' ~cd~=::~';::';1: ~:.b:.-=.~=Iy' ::~.- ", Î or'h-...:-outoçcsare_:",lromnearl>!'"",,"-Ncw'!'""'tIonis.~ ...."" _.,,",~' dôctcdHSouthcmCalllonna".. -..'n", noleu!lybußtlnthls......nmeniaIIY -:ZONewsolutlonaWlil1iu:1údegreai.r" osperies\ccsahcsl-Jateribis ,,:,:'......._,Andthe......In""""¡ ,.'-Im-sc~",""" , """""-."-" : ,""" "', "'".. , ...pricesareuntomcdbyanynotHoo";:';cnìeqlngtec_bdt<rcomdi- ~the"",-&llureofde-- : ailfuc1-_doonUnltbe nadonolplantoltlng_airponu,,' 'Ì ==~~:.-'..:~,t=:::::=:::.... ,=:::.=~.,; andfcwoptionswithwhichlørea¡>Ol1d"Thewont.......perb0p8.is_t!tCSC, øuchasSl}G&li:~,., ' ,==:,.::=..~~..',~=6.~=~~ "~=--~="..:ök.-:' to .....'............. " "~'.;¡¡¡¡,;{:i;.:,; tJ The<e "" short.... "....that IS well. Loao\electcd ........wI. need') ..., . ", _""""_~",løad............oI"'kxalbani""to _!or~' ~-:t"~nilylø':=~-::;;';'~~~' ,:;~ --These_Include: Iy,SonDtegowilIneedløtonnulatca .1 ,,"I".'mpoe1nr..Iø...'Ii"entc ' planlm-lhelocaleconoon,lo"" en- _aolhotc1cctrlc..nun..-nteln.' wllh....."h..........dtn<rcaoocd "'-10' E""""""'" ,co".. : en """'---"""'1 .Conduct..lnwaIfcotIonastod.. 'l-2v...the8mllmeln.....1S,..... øuch,.....¡dcnare__d\ao,:\ oIthe-_"""""Aøv ___...oIlhe......' countedprlœsløSm])leoioo.W1II> '.;¡'.........oruti1ltletofcwulløh... "II\!aol\uuealnlhe.......Rulthe . . "'-"'I_~,,~,'.~hou1dbe~' ,ølakeo_behlg""lod"'lSlnfn~ '" "'" """..,,' ',.' tofoot e Im-","""onnl mat1on-bascd-and.e>Jlll!'llo'.. S_,....cuø;._"uèAN,Iho, "'thente"""""", ",' ;, ,ø\...,.¡.".t.l!9m<IJ<lyuponlhelUe-- ----~Ul;utyc.""m""AdI"""""',,: ._'ð!1C!<SD~~J!'I'!!"hlondlhatelcctridtyhas"""'me. " \ - .,. The San Diego Union'Tribune . Tuesaay, AugUSt I /ttfaC!h,'5 . OPINION 13/ fJ~ 'ðÒo ,..-.. , ",:,.i.'"i, ",.,:',"~:.:,;, 'j9?13Q. Sactáñien tq~~c.~~r~olÿê' en~rgycfisis l""~"",,,"";k:'-¡:';::",,::~::L"';;',::, .,"',::::í",.,i'~"'-:"': ByPeterAomus :;. ',', , ~thatffiegovemmentsliouldtakèb3Ck' erpurchaSedadayalieadcOstsTess : -;'à~' >:,',7; ,";>:ii" :,:.--¡";;:' :~con1roL~eIfortsmacksofpoUtical' than the cap Peace has been pushing. S 'bite Seri) Stevë Peace Is iight - ,', expediency and will cause more, not' It was the failure to bedge their bets in California's eleCtricity IlÛlrket is ;, ' fewer, blackoutS'lS well IS pose dire the marlœtplace that cost SDG&E so """,,ken. ~.B1It he is very, wrong threats to electricity reliability in both dearly. ThaUs how commodity mar- aboutwbat exàctlyis broken IUId how' the short and long tenn. ' kets worldor beef, oranges and iron tofixit:,:,; "" ,;': ;",;;:, ..;~,;,,:-, The people of San Diego always ore. Electricity is no different . ¡ San DiOi/ó ¡,¡ffie 1i'rst regiÖn1íf the used to pay for summer peaks. In the JronicaDy enough, IS SDG&E was state to ~cetlie,dynamics of an old days;these costs were spread out: sending out the June biDs, which aver- open, competitive power market That throughout the year. Under dere1!lJla. aged $50 per household higher than experience has Peace and many' , tion, we aD get to see the actual cost of norma\, the utility was sitting on a re- othen! caDing for more direct go...ro.peak power in our summer biDs. bate that averaged $260. The checks ment intervention, price fixing, are- The cost of an electric generating should be in the mail this week, but peal of a law passed unanimously in plant that runs only on the hottest af- , ,Peace's political theater has already theu;g;slatUre,àndaretumlO tlie ',"" ,. lEmoonsòfthêsunìnieris,moreoften resched the White House. days of the rejru]ated electric utility , than not, quite high. H such a~:fired The ansmrs to today's high prices monopolyprovider.-.-:,." ' powerplantoperatesonly50hoursa do not lie on the quagmire of Sacra- " JrolÚcaDy enough. the ansWer 10 :.'" year, the cost can be as high as 80 mento or Washington, D.C., politics. high electricity prices in San Diego is . :,' cents perldlowatthour. Hit nms a Ratherthan iDs more deregulation notless;: . . hundred hours, the cost drops 10 40 Markets worl< when price' slg,ws at: cents. Seen in this light, the 25<:ent fectbehavior. Thëreason why electric- cap being pushed hy Peace looks Dra- '". ity deregulation has not yet emulated conian, and the cost of alternatives "~ the innovation evident in otherdereg- such as_~oIarnholOvoI~Jookvery ulated industries is that the daily pric- reasonable. '.. ing of electricity i. invisible 10 most What can we do lOday? SDG&E consumers. To have anychance of should inake more "block forward ptir- lions can be reallyworlång, consumers need time- chases" 10 commit to buy power ahead !'~ "."'>i'~~"'i"".i of -use meters that could show them of time, Even on the hottest day, pow- San DIego consumers sho be \ that today, in themiddle of this heat asking San DIego Gas & Electric why wave, electricity is costing 20 times as - it has always lagged behind the other muchas'off.peak.', ,. --,..... two iDvestor-owned utilities in the I 'ManyconsumersWereSlIOCked by state when it came to reducing elec- their Initial phone bills when that in- - -.tricityconsumpliori. The lack of em- dustry wa$ deregulated. Certain caDs" . phasis on energy conservation iD San costalotmórebecauseÍheywere ' Diego is part of the price consumers made during peak hours. Because are now paying. consumers eventually stsrting payißg' " Energy is expensive stuff. The siD- more attention 10 these price signals,' ',';, ,,' gle most important thing we can do to they started changing their behavior.: reduce costs is to let consumers re- CaIIing-è3rd plans emerged offering , spond 10 market siguaIs-and become an array of Ways 10 distinguish or Jeve\- as energy efficient as possible. Every- Ize prices; each tailored to the specific one wins in that scenario including demographic phone use profiles. , ,smaDconsumers and the environ- The telecommunications industry ment also responded to deregulation with a vast array of new technologies that no " longerrelied upon the poles and wires that were no longer necessary for .. oompleting a phone caD. CeD phones .ind a'OSSO\>1!I' links to InlEmet and ' , " compuœrsystemsareaDresu1tsof-;', ,., :,,~~ breaking up the old phone monupoUeii.!; ,~~ and aDowing entrepmleurs 10 carve "k:" ~ ," out niche markets that no longer were : '" ~ held hostage by the old phone monop- F$ olies. , ",- Peaœ, the prime architect of Cali- fomIa's deregulation legislation in 1996. has prncIaimed that tit estate' s competiöve power marlœt Is broken; , ,,: "'"0..",, -..".,',' :'.. AÅiinlIs'c..- 01 "RtllIVItItInc Electric UtftItIH:Co~on;ClllzenActlan.... ': <. C1Hn PIiWet-.-'H\s'CIIIIS1IItIniI.dIents Indllclf'" ;;ë,æ:~~R':;"')";,~~:~ ' Margaret Scott. ~ or ; Neww~ve: Generate your own power ,." z,otø.1ÞI1> WUl- ~~-botb____"hC ¡- 'Th~si~reallytheyearwh~reit Seth BorensteIn NIGIITRlDDERJ\~SERVlŒ Ihan more conventional power' starts, satdAkeAlmgren,presldent . . .' sourees. of Capstone Turbine Corp., a Cali- . ~ YORK - In the heart of a C!ty tha~ IS ~. In the next few days, a suburban fornia company that is one of the electric ~y nature, tile Cenlral Park police station - Chicago McDonald's, plans to early producers of microturbines. n had to,<> little ",!wer,. , - -. ,-~tch to its own microurbine gas What has everyone excited is U,e - - Antiquated lin,;" proVIded so II"!e JuIce to the l"ngine to handle much of its power efficiency of the new personal gen- 19tIH:enturyprecmcthousetuckedm the park that needs. Last month, a hank in Om8- =tors poli,:"coul~~'trunelectroniefi~gerprint_machin~s - - - -- ---~, - GettÌng energy from fossilfuels in or alr-<:ondltiO~ the whole ""!tion. Getting to the ha, Neb., turned on four fuel cells m a large cenlral plant is Inefficient. By 20th c~n~ry Wlth new power lines would ¡,ave cost its credit-card processing office b", the time the power arrives at a home $1.21l11I1ion- . ., cause managers wanted a po~er or business, only ~ of tile Instead, the polI~e. skipped ~ght to the 21st souree more rellable than tile utility original energy In at coal or oil century and for $1 Il1IlIion got theU' own power plant grid. AbOllt the same time, a federal remains. - a clean, ultra-efficient fuel ceiL Now they have - park in San Francisco turned on its -Fuel cells boast An p"""pnt ~ffi- enough jui~e to ,run high-tech. gadgetry, charge own fuel ceIL A textile mill In Law- ciency and micr'otur~ get four electnc polIce çars and hght .up a nearby re!ICe, M"."s., is chugging along on ~~nt to 30 :::ireent. But nllcroturbmes. - what makes oth techno ogies pay summcr stage where IheMetropolitan Opera per- 'The era of bIg (cenlral power off is that they aiemarried to cogen- fonns. On May 1. tI,ey cut tllemselves off from the plants) ,is certainl~ over," said eration- Cog~e "'liSP 111. city's power grid. Chuck Undennan, <lIrecto.r of ener- Ih\:'vnèiat t - clean "It's great to be self-sufficient," said police Capt. ' gy supply policy for Ole E9.'~on Elec- hot water - to heat buildings, clear James O'Neill. tric Institute, a power utility trade sidewalks and for oUter industrial The Cenlral Park police are pioneers.in what ,gro';lP- ., . .. uses- That can bring efficiency up to experts see as a new era of power production- Underman satd utilities m D", the 80 percent range, Growing numbers of businesses this summer are troit, Chicago, Dallas, Denver :'lid The FlI'St Nallonal Bank in Oma- tnrning on small, economical and reliable power Tucson and in New Jersey"F1on~a, ha offers a pertect example of smart~ plants to wean themselves from utilities. California and Idaho are embracmg and efficient use of tile new energy l'rivate homes will be next. with hundreds oftest the technology as a profit _center. sources, experts say- The bank residential generators scheduled for Installation 1òey want to be the compames Ihat opened its new credit-card proce5&- / supply and maintain the generators, in" office powered by four fuel cells he explained. . ' Set POWERonPogeA-9 Driving the trend is a yearning for WlOI the hot water byproduct IIsed self-sufficiency as much as technol<>- to heat tile building- 11te bank went roo' I ---- gr. '. for fuel cells because it needed a -Power (p ~ 11le new gen=tors differ from power supply that was reliable. 13", '-.., ~' place to place. The most promising Ing down for one hour would cost ~. -,-- . 'are ~ which use a chemical the bank about $6 million. ('¡ Devices allow homeowner rearoon tween )tydrogen and ox- "We think it's Ihe wave of the -t b T ygen to produce both water and future," said John Lehning, presi- - 0 ypass uti Ity company power, and microturblnes, which dent of the bank suhsidiary Ihat , (J) use natural gas 10 run a sm . dUB- runs the new building. "We'd rather ContilluedfromA-l I trial gen=tor- But wind solar d ju~ control our own destiny, and -' ¡ven external combustion gm¡::¡ this is one way to do it- - starting next month. Plug Power ar¡}oini=~ McDonald's corporate engineer Jl.C of Latham, N_Y_, hopes to begin ower Systems Plus in Oregon, Tony Spata said its Allied Signal selling dishwasher-sized fuel cells which markets personal wind, solar microhtrbines will save about $1,500 '* for the home for less than $4,000 in and hydroelectric generators, has a month, when the average Me- 18 mon!h.s and sees an initial roarket increased ~ales by 40 percent y:very Donald's s~nds $35,'!OO a year on of 25 milhon homes. ' month m Its first year of busmess, power. That s the equivalent of sell- Researchers say personal power driven mostly by people wanting ing thousands more Big Macs, Spa- Is poised to explode into everyday Y2K-resistaut personal power tatoldcompanyofficials. life just like persollal computers in systems, manager John Raymond: Wi~ ~II its. benefits, lersonal ,'~984aud cellular lhoucs a few years said. power ISO t soanng nearly as fast as -WIer that. Unlike tI,e Ceniral Park precinct, it could. 1118t's because some ulili- "We're at the beginning of a revl)- ti~are maklngitdifficultforcompa- --Iution here," said Shalom Zelillgher, most companies that use personal 10"." - and eventually homes - to New York Power Authority re- - Gower don't cut tilemselves off from ~tch to personal pow,:" systems, _.s~arch and I,echnology development he electric grid. They stay connect- ~d Tony Prophet. presIdent of AI- ~~tor, pomting to the police stJI- ed, using the grid as a backup. Some lied Po~r Systems ~nc- . "'lion s fuel cell. even hope to sell excess power back One !~e blocking companIes ':This technology is going to be, I to the electric companies. and indiVIduals from using tlleir "1eli:;ve. ~ major part of our econl}- 11te utility industry is tom by,all own. power is standby fees_f' Cali- , by, AssIstant U.s. Energy Secre- this. Some companies are putting UP' ronua, ~or example, c~mpames tllat -Iary Dan Reicher told the Senate roadblocks because they envision run theU' own generators and stay Ðtergy Committee last month. lost customers. ' hooked up to, the grid for backup - '!Dese new systems provide more The Clinto~'iniSlratiOn has pay several ~ousands ~r dollars a ",hab!e power and drastically cut air proposed a bill, nding on Capitol year for that nght even if th~ don't pollution, supporters say, because Hill, that would oye some road- draw "!Iy power, Prophet saId. -pt,ey produce both power and hot blocks to personll power and en- But It costs money to have power I ,-- water. The hot water - which can courage more research into it. ~lable at a _~omenra notice, said ¡" -;tlso he used for heating 'and air EdisonElecbicsUuderman- "ondltioning ~ makes Ihe systems ø,Þ:Þ ~~ - ~ere are aome legitimate tech- ~ ,- . ,... ,- - --I . ~ r'-""---~' '1 l:iZ!/ ~ ~ gJUmate tecllltlCal Issues,- Under- -, ~~ - .... .. . '" .... ~,... ; , ~ . . Wl'ß have to acknowledge that ler- ! ø.:Y. /~ (]}Ñdf£i~¡;¡;g. t .-.~;j'~ ~ "'=',,¿.dU~ /',..... 4-tf(!e-e/,J:f"J.~æ.r-: .., ., \ SAVE OUR BAY, INC. by William E. Claycomb ~ 409 Palm Ave., Ste. 100 Imperial Beach, CA 91932-1121 (619) 429-7946 STATE OF CALIFORNIA State Energy Resources Conservation and Development Commission In the Matter of: ) Docket No. 99-AFC-5 ) MOTION FOR ORDER ) DIRECTING RESPONSE ) Otay Mesa Generating ) Proiect ) William E. Claycomb hereby moves for an order directing Francis x. DeRosa, Vice President, Western Region, Otay Mesa Generating Company, LLC to respond to the items listed below which were included on the Data Request SETS One and Two served on MAY 17, 2000. 1. In-depth analysis of the ALTERNATIVE of producing the proposed electricity using photovoltaic (silicon cell solar panels) sunlight to electricity converters or hydrogen produced by such electricity to power fuel cells to produce electricity, keeping in mind ~ that the fuel for the ALTERNATIVE would have no cost. This motion is made on the ground(s) that: The information is in the sole custody of the applicant, Francis X. DeRosa - - -. Further, as of July 13, 2000, Respondent has not responded to said Data Requests. This motion is based on the pleadings and records on file in this proceeding: (J The declaration(s) of CJ The attached memorandum of poiùts and authorities- ~ Oral and documentary evidence that may be presented at hearing. July 13, 2000 '=r~ Date ,. / " STATE OF CALIFORNIA Energy Resources Conservation and Development Commission In the Matter of: ) Docket No. 99-AFC-5 ) Application for Certification) PROOF OF SEIDlIÇL for the Otay Mesa Generating) [*Revised 6/27/00] - Project (pG&E Generating) ) \ 1 These documents are being served by Energy Commission staff on behalf of the Otay Mesa Intervenor, Saye Our Bay, due to financial hardship. Priscilla Ross, declares that on July 19,2000 I deposited copies of Saye Our Bay. Inc.. William E, Claycomb - Motion for Order Directin2 ResDonse dated July 13.2000 in the United States mail in Sacramento with first class postage thereon.fully prepaid and addressed to the following: DOCKET UNIT CALIFORNIA ENERGY COMMISSION In addition to the documents sent to the Commission Docket Unit, also send individual copies of all documents to: Sharon Segner, Project Manager Robert Ray, Project Manager Otay Mesa Generating Company URS Greiner Woodward Clyde 100 Pine Street, Suite 2000 130 Robin Hill Rd.,Ste. 100 San Francisco, CA 94111 Santa Barbara, CA 93117 Bill Chilson Counsel for Applicant Manager of Envjronmental Permitting Otay Mesa Generating Company Allan Thompson, Esq. 100 Pine Street, Suite 2000 21 "C" Orinda Avenue, No. #314 San Francisco, CA 94111 Orinda, CA 94563 "T .,. REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: 5 MEETING DATE: 08/22/00 ITEM TITLE: RESOLUTION APPROVING AN AMENDED CONTRACT WITH ECONOMICS RESEARCH ASSOCIATES TO PROVIDE ADDITIONAL CONSULTING SERVICES FOR DOWNTOWN STRATEGIC PLANNING RELATING TO A PROPOSED CULTURAL ARTS CENTER; AUTHORIZING THE EXPENDITURE OF UP TO $51,000 FROM THE BAYFRONT/TOWN CENTRE I PROFESSIONAL SERVICES FUND; AND AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENT SUBMlnED BY: COMMUNITY DEVELOP~ENT DIRECTOR L\\-~Çs REVIEWED BY: EXECUTIVE DIRECTOR (J~J" vCV 4/5THS VOTE: YESDNO0 BACKGROUND The Agency initiated a contract with Economics Research Associates in December, 1999, to provide consulting services for Downtown economic strategic planning. As an additional task, Agency and City staff are requesting an amendment of the existing contract's Scope of Work to conduct a feasibility analysis for a proposed Downtown cultural arts center. The additional analysis will include a market analysis, needs assessment and concept development, facility architectural review, and a financial feasibility analysis. RECOMMENDATION Approve the resolution to amend the contract, authorize the expenditure of funds from the Bayfront/Town Centre I Professional Services fund, and authorize the Chair to execute the amended Agreement. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION With the recent closure of the Cinema Star 6-Plex on Third Avenue, the City and Agency are assessing opportunities for development of a cultural arts facility in the Town Centre I Redevelopment Project Area. The development of this type of facility is both an exciting opportunity for the South County region, as well as a potential financial liability depending on the local market for cultural arts activities. This amendment to ERA's existing contract will provide for .5-1 ~ .~ PAGE 2. ITEM NO.: MEETING DATE: 08/22/00 a financial feasibility and market analysis that will allow staff to assess a proposed cultural arts facility in light of current and future demand. This amendment is in keeping with the original contract in that the financial impact of having such a facility in the downtown area needs to be assessed. In addition, the feasibility of a cultural arts facility as a major anchor and its ability to attract and retain businesses in the downtown area needs to be addressed. As Council will recall, World Harvest Church was pursuing purchasing the Cinema Star facility and had filed a Special Use Permit application. Their interest in the property, which is for sale, hampered the Agency's ability to seriously analyze the site as a cultural arts facility. World Harvest has withdrawn their application which now sets the stage for a focused analysis of the site. This amendment provides for one town hall meeting, one public forum at a Cultural Arts Commission meeting, and focus group meetings to gather information from local and regional arts groups and the community regarding potential uses for such a facility. The analysis will result in the development of up to three concept plans, which will then be reviewed by staff and representatives of local arts groups in a half-day charrette, prior to presentation to the Cultural Arts Commission and City Council. The analysis will also provide for an assessment of the existing cinema facility in terms of existing conditions, code compliance, structural feasibility and probable rehabilitation costs. ERA will subcontract with Architect L. Wayne Donaldson, who will assist with the structural feasibility and rehabilitation cost estimates, and preparation of the concept plans. The analysis will be conducted during the next several weeks in order to return to Council with an update and potential options, along with associated costs, by November. This action does not commit the Agency or Council to any particular scenario or site for the development of the cultural arts facility. FISCAL IMPACT This contract amendment amount is $49,018. A contingency of $1,982 is set aside should additional meetings be needed, for a total of $51,000. The original contract was in the amount of $60,000 and with this action, the total contract is now in an amount not to exceed $109,018. Funds for the amendment are available in the Bayfront/Town Centre I Professional Services Fund (61120 - 6301). This action authorizes the expenditure of $49,018, up to $51,000 should the contingency of $1,982 be used, from that fund. ATTACHMENTS H ,\H OME\ C aMMO EV\ST AF F . REP\08 - 2 2 -00\ Ci n emaSta r E RAcontracta mendment. doc 5-;) - ... RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AMENDED CONTRACT WITH ECONOMICS RESEARCH ASSOCIATES TO PROVIDE ADDITIONAL CONSULTING SERVICES FOR DOWNTOWN STRATEGIC PLANNING RELATING TO A PROPOSED CULTURAL ARTS CENTER; AUTHORIZING THE EXPENDITURE OF UP TO $51,000 FROM THE BAYFRONTfTOWN CENTRE I PROFESSIONAL SERVICES FUND; AND AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENT WHEREAS, the Redevelopment Agency authorized a contract with Economics Research Associates on December 14, 1999 for economic strategic planning consulting services following an open competitive Request for Proposals process; and WHEREAS, Economics Research Associates will provide additional economic strategic planning consulting services relating to the development of a cultural arts facility in the downtown Town Centre I Redevelopment Project Area; and WHEREAS, Economics Research Associates has unique qualifications to provide these additional consulting services and will provide additional specific facility expertise through a sub- contract with Milford Wayne Donaldson, Architect; and WHEREAS, this amendment is a logical extension to the original contract since the financial impact of a cultural arts facility in the downtown area and the ability of such a facility to attract and retain businesses needs to be assessed; and WHEREAS, the Redevelopment Agency needs to assess market conditions, economic feasibility and facility-specific suitability for a cultural arts facility within a very limited amount of time with the assistance of the specialized consulting skill-set provided by Economics Research Associates; NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby (a) approve a contract amendment OF $49,018, with a contingency of $1 ,9B2, in substantially the form presented to the Agency, subject to such revisions as may be made by the Agency Executive Director or his designee and the City Attorney, with Economics Research Associates for additional economic consulting services for a proposed cultural arts facility; (b) authorize and direct the Chairman to execute same in a final form approved by the Agency Attorney; and (c) authorize the expenditure of funds from the Bayfront-Town Centre I Professional Services fund. PRESENTED BY APPROVED AS TO FORM BY & ~ Chris Salomone Director of Community Development H :IHOMEICOM M OEVlRESOSIRESOeracontract doc ~--3 - '; FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ECONOMICS RESEARCH ASSOCIATES I TUCHSCHER DEVELOPMENT ENTERPRISES FOR CONSULTING SERVICES RELATING TO DOWNTOWN RECRUITMENT STRATEGY AND IMPLEMENTATION Recitals This First Amendment is entered into effective as of , 2000, by and between the Redevelopment Agency of the City of Chula Vista ("Agency") and Economics Research AssociateslTuchscher Development ("Consultant") with reference to the following facts: WHEREAS, Agency and Consultant previously entered into an agreement whereby Consultant is to provide a Recruitment Strategy and Implementation for Town Centre I Redevelopment Project Area; and WHEREAS, Agency has detennined it is necessary to expand the scope of work to include an analysis of placing a cultural arts center within the study area; and WHEREAS, the City and Redevelopment Agency are faced with the closure of a multi-plex theater in the Town Centre I Redevelopment Project Area; and WHEREAS, analysis of economic feasibility of a cultural arts facility in downtown Chula Vista is necessary prior to any consideration of acquisition of the aforesaid facility; and WHEREAS, the City has an existing contract for economic analysis and planning services in the Town Centre I Redevelopment Project Area with a consultant with specialized skills necessary for the economic feasibility analysis now required; and WHEREAS, time is of the essence with respect to the potential acquisition ofthe aforementioned property; and WHEREAS, the parties now desire to amend the Agreement to have Consultant expand their analysis to include a study of the economic feasibility of converting the Cinema Start Complex ("Site") on Third A venue to a community cultural arts facility. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, Agency and Consultant agree as follows: I. Exhibit A, Section 8A of the original Agreement, entitled Detailed Scope of Work is hereby amended to add the following paragraphs: 11: Orientation Consultant and Architect Suhconsultant shall meet with the Steering Committee (I), and the Consultant shall meet with the City Manager (I), and the City Council individually (5), for a total of seven meetings, H:\SHAREDIA TTORNEYIEHULL IEconRsrchTuchscherDev-S-17 -Clean Ver;;t,dOc Page 1 .5- ~ '" to develop a thorough understanding ofthe City's interests. Consultant and Architect Subconsultant shall tour the site and surrounding area with City staff and possibly arts group representatives. Consultant shall collect and review existing staff reports, if any, regarding the potential cultural arts center, past and current marketing strategies of the potential anchor arts groups, and available information regarding other local producing and presenting organizations. Deliverable: Task II meetings, tours, and document review to be completed by September 18, 2000. 12: Market Analysis Demographics and Tourism Consultant has previously analyzed demographic and tourism characteristics of the market area during the current market study for Third Avenue, and Consultant shall apply this information to the market analysis for the proposed cultural facility. Facility Inventory Consultant shall review facilities of similar size or programming being used in the market area, including the following information: . Types and schedule of events; fees and charges; promotional activities; sponsorship . Attendance by event; patron profile and origin . General characteristics; description of stage and ancillary facilities . Classes, special events and other services . Description of location, access and visibility . Management structure and funding sources Interview Arts Groups / Community Leaders Consultant shall facilitate a town hall meeting with representatives of the community, with Architect Subconsultant in attendance. City shall be responsible for securing site and meeting organization. Consultant shall meet with the representatives of the arts groups, local school district representatives, and community leaders, as identified by the Contract Administrator, to develop a thorough understanding of arts organizations' aspirations and objectives. Consultant shall also conduct interviews with existing performing cultural arts organizations, concert promoters, booking agents, presenters and other organizations that are potentially able to produce or present events in the facility, based on suggestions from the Consultant, as selected by the Contract Administrator. Each organization's current programming, audience draw, ticket charges, space requirements, targeted audience, and venue utilization will be discussed. Interest in using the center as a venue, potential frequency of use, and ability to meet certain performance or art display / sales requirements will be reviewed. Specifically, the following information will be obtained, if possible: H:\SHAREDIA TTORNEY\EHULLlEconRsrchTuchscherD<:v-8-17 -Clean Version.d2£- Page 2 5-~ . .,. . Type of events that are held . Number and frequency of events . Attendance and space requirements . If they operate in rental facilities, what they now pay for performance and rehearsal or display use . What they would be willing to pay in the future for improved facilities . If present facilities are inadequate, what new features would be desirable . Plans for future expansion, or other changes in activities Comparable Facilities Consultant shall research and identify up to five comparable cultural arts facilities in cities of similar market size as Chula Vista today. Consultant shall gain approval of the facilities to be compared from the Contract Administrator prior to commencing comparison. Consultant shall examine their physical characteristics, programming, organizational fonnat, operation costs, revenue structure, and market penetration. The physical characteristics will include size of building, number of seats, ancillary spaces, parking spaces, year built and construction or renovation cost. The operating characteristics will include the number of perfonnances, revenue by source, staff size, operating cost by line item, and organization structure. Revenue sources reviewed will include admissions, memberships, fundraising events, donations, grants, local government support, and shop or restaurant concessions. Cost characteristics will include staff salaries, fringe benefits, utilities, marketing, etc. Deliverable: Task 12 shall be completed by September 18, 2000. 13: Needs Assessment and Concept Development Concept Development Based on the above market review, town hall meeting, and interviews conducted, Consultant shall prepare up to three working project concepts and alternative utilization schedules based on different market positioning strategies. The project concepts will address the following: . What is the center's role in the Chula Vista's cultural arts market? . What kinds of groups and audiences might use the facility? . What are the facility's essential components? . What new opportunities might exist for related income earning activities? The utilization schedules will be based on recommended uses. For each type of use identified, patron and user profiles and market area parameters will be established, and the facility's ability to compete with and complement the offerings available elsewhere in the region will be examined. Consultant shall advise the city in selecting a facility Committee knowledgeable about or representing producing organizations and other potential user groups, the arts and business communities, and potential audience segments. Consultant and Architect Subconsultant shall conduct an intensive half-day session ("charrettes") with the Steering Committee, Facility Committee and those additional people identified by the Contract Administrator to establish the general goals and objectives of the Center, given market input, identify the H:\SHARED\A TTORNEY\EHULLlEconRsrchTuchscherDev-8-17-Clean Version.doc ~ Page 3 5- .., .., forms of performance and support functions required to meet those needs, and present the findings from the facility architectural review, and review / comment on up to three concept plans. Deliverable: Task 13 Needs Assessment shall be completed by September 25,2000. 14: Facility Architectural Review Consultant shall conduct the facility architectural review and order-of-magnitude estimates of probable costs. This portion of the study shall include an existing conditions survey, code investigation, feasibility report, and statement of probable costs. Consultant shall prepare three site / floor plan options based on input received from Tasks 11 - 15. Consultant to provide rough cost estimates for the options as well as future specialized consultants needed for development ofthe facility as a cultural arts center. 15: Financial Feasibility Analysis Revenue Projections Building upon the above analysis, Consultant shall estimate the usage and operating revenue of the center by type of event. Revenues will be projected by source, including ticket sales and other user fees and rentals; restaurant and retail sales, if any; membership and subscription fees; concessionaire fees and rentals; corporate, association, foundation and individual sponsorships; and other sources. Ticket and space rental revenues will be based on supportable pricing, determined through assessment of household incomes and experience of comparable facilities. Consultant shall make a recommendation regarding two existing leases / tenants at the site. Operating Cost Projections Consultant shall estimate the operating cost of the cultural arts center based on existing experience, the experience of comparable venues offering similar levels and types of programming, and staffing levels and operating characteristics recommended for the cultural arts center. Operating categories will include payroll, salaries and benefits (costs to be based on a facility staff plan), utilities, insurance, maintenance and repairs, advertising and promotion, professional services, materials and supplies, miscellaneous, and cost of goods sold. Net Operating Cash Flow Consultant shall compare the ongoing cost and revenue streams over a five-year period for up to three concept plans. If there is a shortfall, Consultant shall discuss how comparable theaters in similar communities have addressed their shortfalls. Consultant shall review the ability to amortize improvement costs with revenue. The financial performance will be reviewed through a model incorporating the proposed program and schedule. Basic revenue and expense statements will allow an assessment of the overall feasibility of the facility in light of estimated market support derived from previous tasks. Capital Cost Estimates Consultant shall provide preliminary, order-of-magnitude probable capital cost estimates fro the recommended cultural arts center, including on-site improvements. Consultant's Analysis shall include discussion of potential relocation issues presented by this proposal. H:\SHAREDIA TTORNEYlEHULL\EconRsrchTuchscherDev-8-17-Clean Version.doc Page 4 5- 7 ... ., Financing Considerations Consultant shall identify the order-of-magnitude capital campaign and operating endowment or annual subsidy requirements. This provides a basis for a future financing strategy. 16: Draft and Final Reports Consultant shall submit and present a draft report (5 copies) describing the above research, analysis, and conclusions. Consultant shall, if requested, meet with the Steering Committee to review comments to the draft. The final report will be submitted after receiving comments from the City (10 copies). Deliverables: Draft Report shall be provided by October 4, 2000. Final Report shall be provided by October 25, 2000. Task 17: Public Hearings Consultant and Subconsultants shall, if requested by Contract Administrator, attend a minimum of two public meetings (in addition to the above-identified meetings), which may include the Cultural Arts Commission and City Council. 2. Exhibit A, Section 11, entitled Compensation, is hereby amended to add the following paragraphs: For the perfonnance of services identified as Tasks II - 17 as herein required, Agency shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Amount for Tasks I] - ] 7: $49,018 Date or Deliverable Amount or Percent of Fixed Fee Consultant September 18, 2000 $ 8,688 September 25, 2000 $ 3,402 October 4, 2000 $ 4,000 October 25, 2000 $ 1,000 November 14,2000 $ 2,268 Subconsultants Existing conditions survey $ 3,280 Code investigation $ 960 Feasibility report $18,840 Statement of Probable Costs $ 2,400 Meetings/Presentations $ 3,080 H:\SHAREDIA TTORNEY\EHULL\EconRsrchTuchscherDev-8-17-Clean Version.doc ? Page 5 .5- ~ ., Additional meetings that may be requested by the Contract Administrator will be paid on a time and materials basis. The hourly rate for Consultant is $125 per hour and the hourly rate for the Architect Subconsultant is $120 per hour. 3. Exhibit A, Section 13, entitled Contract Administrator, is hereby amended to add: For Tasks I I - 17: Agency: Shauna Stokes 4. Exhibit A, Section 17, entitled Pennitted Subconsultants, is hereby modified as follows: Architect Milford Wayne Donaldson, FAIA, Inc., Leverton & Associates 5. Exhibit A, Section 19, entitled Security for Perfonnance, is hereby modified as follows: (x) Retention Percentage: 10%. Notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain the "Retention Percentage" until the City detennines that the Retention Release Event has occurred. 6. Except as expressly provided herein, all other provisions of the original Agreement shall remain in full force and effect. [NEXT PAGE IS SIGNATURE PAGE] H:\SHAREDIA TTORNEY\EHULL \EconRsrchTuchscherDev-8-17-Clean Version.doc 5-9 Page 6 - 'r SIGNATURE PAGE TO FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ECONOMICS RESEARCH ASSOCIATES / TUCHSCHER DEVELOPMENT ENTERPRISES FOR CONSULTING SERVICES RELATING TO DOWNTOWN RECRUITMENT STRATEGY AND IMPLEMENTATION IT WITNESS WHEREOF, Agency and Consultant have executed this Agreement, thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA by By Shirley Horton, Chair William Anderson Economics Research Associates Date ATTEST: By William Tuchscher Tuchscher Development Enterprises Susan Bigelow, City Clerk Approved in form by: John M. Kaheny, City Attorney H:\SHAREDIATTORNEY\EHULL\EconRsrchTuchscherDev-8-17-Clean Version.doc 5" - ! 0 Page 7 . -