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HomeMy WebLinkAboutrda min 1991/03/21 MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA Thursday, March 21, 1991 Council Conference Room 4:05 p.m. City.Hall CALL TO ORDER 1. ROLL CALL MEMBERS PRESENT: Chairman Pro Tempore Moore; Members Malcolm, Rindone and Nader MEMBERS ABSENT: None ALSO PRESENT: Executive Director Goss, Community Development Director Salomone, Agency Attorney Boogaard, Redevelopment Coordinator Kassman 2. APPROVAL OF MINUTES - February 5, 1991, February 19, 1991, and March 5, 1991 MSUC (Moore/Rindone) approve the minutes' of February 5, 1991, February 19, 1991 and March 5, 1991 as submitted. CONSENT CALENDAR (Items 3, 4 and 5) Item No. 3 was pulled from the consent calendar. CONSENT CALENDAR ITEMS 4 AND 5 WERE OFFERED BY CHAIRFLAN PRO TEMPORE MOORE, the reading of the text was waived by unanimous consent, passed and were approved unanimously. 4. RESOLUTION 1162 EXTENDING THE OWNER PARTICIPATION AGREEMENT WITH GIRARD FINANCIAL CORPORATION DATED MAY 9, 1990 FOR AN ADDITIONAL SIX MONTHS UNTIL NOVEMBER 9, 1991 The Agency entered into an Owner Participation Agreement (0PA) with Girard Financial Corporation on May 9, 1990 for the development of eight acres of vacant land within the Otay Valley Road Redevelopment Project Area. Development of this project has been delayed due to changes in federal regulations concerning real estate development by savings and loan associations. It was recommended that the Agency adopt the resolution approving the First Amendment to the Owner Participation Agreement with Girard Financial Corporation extending the agreement by six months. 5. RESOLUTION 1163 RATIFYING LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE REDEVELOPMENT AGENCY FOR OFFICE SPACE FOR THE OTAY RANCH PROJECT Redevelopment Aqenc¥ Minutes -2- March 21, 1991 The agreement provides for the required office space to continue housing the Otay Ranch Project team. The lease agreement is for 12 months. The rented space totals 2400 square feet at a cost of $1.20 per square foot per month. * * END OF CONSENT CALENDAR * * OTHER BUSINESS 6. ORAL COMMUNICATIONS: None. 7. ITEMS PULLED FROM THE CONSENT CALENDAR: Item No. 3 3. RESOLUTION 1161 CERTIFYING THE ADDENDUM ENVIRONMENTAL IMPACT REPORT EIR-84-4, MAKING CERTAIN FINDINGS CONCERNING LAND USE, AND GRANTING A SPECIAL PERMIT TO PACIFIC ENERGY FOR THE EXPANSION OF A METHANE GAS-TO-ELECTRICITY PLANT WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA In 1985, Pacific Energy constructed a facility to convert methane gas collected from the Otay Sanitary Landfill to electricity. The Environmental Impact Report (EIR) prepared for this project analyzed the cumulative impacts of four engines. However, only one engine/generator unit was initially installed. The proposed expansion would enlarge the existing building by approximately 1800 square feet to house a second engine/generator unit. Since the environmental impacts from a multi-engine facility were previously analyzed, the City required that an EIR Addendum be prepared updating the information contained in the original project EIR. The Planning Department determined that a Special Permit for the proposed expansion is required. Redevelopment Coordinator Kassman reported the project is located more than one-half mile away from the nearest residential neighborhood (Point Robinhood Homes) and about three-quarters of a mile from Otay Valley Road. All of the owners of the Point Robinhood Homes received notice of consideration of this project and a public notice was placed in the newspaper. In addition, this item was considered by the Project Area Committee (PAC) at their last meeting. They voted to approve the project (3 in favor, 1 opposed and 1 absent). Mr. A.W. Hall, 1675 Pt. Reyes Ct., Chula Vista 91911, member of the Otay Valley Road Project Area Committee, commented in opposition to the staff recommendation. Referring to a letter addressed to Mr. Frank Herrera of the Planning Department dated March 7, 1991, from Mr. George Eo Donlou of Pacific Energy, Mr. Hall pointed out that all the figures relating to emissions far exceed what existed before the first engine was installed. He Redevelopment Aqenc¥ Minutes -3- March 21, 1991 further pointed out there are carcinogens present. The claim was made at the PAC meeting that the carcinogens are destroyed during the process, however, he believes this is not true and that he could bring in another expert to state this. Mr. Hall further referred to other extenuating circumstances that have not been followed in the EIR. (1) There is supposed to be an access road to the plant and there is none. (2) There is only one man, forty hours per week, taking care of the plant. He believes it is the duty of the Redevelopment Agency and City staff to protect the health and welfare of the citizens. He does not believe that this is being done in this case. Mr. Hall added that on January 28, the PAC approved a motion that a full EIR be prepared for this project. He pointed out that two meetings of the PAC in February were cancelled. On March 4, the PAC was given the opportunity to go out to the site. On March 11, the representatives of Pacific Energy were present at the PAC meeting, and Mr. Hall could not "get a word in edgewise" and a motion passed to approve this project. He believes Agency and staff should take another look at this project and the EIR. Member Rindone asked Mr. Hall what his recommendations are for the the Agency. Mr. Hall recommended that the Agency follow the basic premise of the EIR. There are more emissions now at the site than the estimates made in the original EIR. Mr. Jan Bush, Director of Environmental Affairs with Pacific Energy, pointed out the landfill emits gases, regardless of whether or not the Pacific Energy facility exists. In the 1984 EIR there was an estimate of about 48 tons of organic gases that would be emitted. The current estimate of those emissions are now about 129 tons because the landfill has continued to accept waste. One of the reasons Pacific Energy desires to add an engine is because more gases are being generated and it makes it economically feasible to do that. Mr. Bush also provided a fact sheet to the Agency. Responding to questions of Member Moore, Mr. Bush stated tests are performed by an independent consultant at the request of Pacific Energy. San Diego County APCD witnesses the tests and approves them. The tests were the basis for the issuance of this permit. Member Malcolm asked if APCD will monitor the emissions of Pacific Energy to ensure it does not exceed health standards. Environmental Review Coordinator Reid responded yes. Member Nader pointed out the staff report indicates that the APCD will try to do this about once a year. Mr. Bush added there is a requirement established by AB2588 "Air Toxic Hot Spots Bill". The requirement of that bill is that anyone who emits air toxics Redevelopment Aqenc¥ Minutes -4- March 21, 1991 into the atmosphere do an analysis, and under the existing law it is performed every two years. It will be performed at this site in May. Mayor Pro Tempore Moore asked if it is a requirement to have two accesses to the plant. Mr. Reid responded this is being required by the Fire Marshall. Responding to further questions, Mr. Bush stated the plant has automatic shut-off equipment at the plant. It is computer operated; there is a history of the plant shutting itself down automatically. Mr. Mike Clinton, Vice President of BioGas, stated that there is presently one employee who operates the plant. With the expansion, there will be two employees. Member Nader stated he was concerned that at the top of page 7 of the Addendum EIR that some carcinogens were listed as emissions. The Addendum EIR only states that quantifications of these emissions are forthcoming pursuant to the Toxic Hot Spots Law. Mr. Bush stated that a report was submitted to the APCD at the time the original permit was received that elaborated on a.study of the air toxics that were measured at that time. It has been measured a number of times. The results of the study that was done by the APCD concluded that because the Pacific Energy equipment destroys a significant percentage of a number of the carcinogens and other toxics, that there would be substantially less hazard because of the facility than without it. Mr. Bush stated a copy of the study could be provided. Member Nader noted he believes the study should be part of the Addendum EIR. Mr. Bush clarified that a SWAT test was done for all the landfills for the County. That report studied approximately 15 different air toxic compounds. That information was submitted to them and sent to the Air Resources Board and reviewed by both agencies. That information was also reviewed by the APCD before issuing the permit for Pacific Energy. Responding to further questions, Mr. Bush stated the landfill is what causes the carcinogens, not the equipment of Pacific Energy. The Pacific Energy equipment destroys a certain percentage of the carcinogens. Member Malcolm commented that this project is energy efficient, cleaning up, destroying and removing some of the carcinogens of the landfill. The air emissions are substantially less than what was approved in the EIR. In addition, the City will be receiving tax revenue from the project. He added that he believes the Agency should approve the project. Redevelopment Aqenc¥ Minutes -5- March 21, 1991 RESOLUTION OFFERED BY MEMBER MALCOLM, the reading of the text was waived by unanimous consent. Member Nader conunented that he will vote against certifying the Addendum EIR because he does not have adequate information. He desired specific information on the issues concerning the carcinogenic emissions referred to at the top of Page 7 of the Addendum EIR. The other concern he had was that the Project Area Committee requested a minimum of periodic testing. There should be a condition that states testing will occur at specific times, and the applicant responsible to make appropriate arrangements with APCD to pay for the additional testing. MSUC (Nader/Malcolm) amend the resolution, page 3, Item D, to read "emission testing of the engines to be held on an annual basis". MSUC (Moore/Malcolm) add Paragraph E as a condition to read as follows: E. Permittee will conduct a p~ofessionally competent vibration test by a firm acceptable to the City at the conclusion of construction of the work hereby permitted and provide the City with the results. THE RESOLUTION AS AMENDED WAS APPROVED. (The vote was 3-1; Member Nader voting no because of the information contained on the top of page 7 of the Addendum to the EIR; he desired more information on the carcinogens. He also noted concerns regarding the noise aspects of the report.) Valerie Randall, representing ERCE, environmental consultants to the City to prepare the Addendum to the EIR, responded to questions. With regard to the residences located approximately one-half mile to the west of the site, the results of the monitoring indicated noise was estimated to be well below the noise standard for the City. 8. DIRECTOR'S REPORT Executive Director Goss advised the Agency that per Council policy there will not be Council meetings during the week of March 25. Therefore, staff will need to poll the Council to set up an alternate date to have a joint meeting with the Design Review Committee and a discussion of housing policies. Member Moore reported he will be out of town April 27 through May 5. Member Rindone reported he will be out of town April 17 through April 20. Redevelopment Aqenc¥ Minutes -6- March 21, 1991 9. CHAIRMAN'S REPORT: None. 10. MEMBERS' COMMENTS: None. ADJOURNMENT to closed session at 5:35 p.m. to discuss potential property disposition: Parcel Nos. 568-152-29 and 568-152-03 Landis Avenue Parking Lot (Redevelopment Agency of the City of Chula Vista, owner) pursuant to Government Code Section 54956.8. ADJOURNMENT from closed session at 5:50 p.m. to a meeting of the Redevelopment Agency scheduled for Tuesday, April 2, 1991 following the City Council meeting. Chris Salomone Community Development Director (MinS)