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---------------------------------------------------------------------------------- (COUNCIL RECESSED FROM 9:25 TO 9:35 P.M.) ---------------------------------------------------------------------------------- REPORTS OF CITY MANAGER 5. Concept approval - Combustion Engineering /Waste Energy Facility (from 5/6/85) (1203 -03) Report of City Manager 5/1/85 Because of the expected length of time this item is expected to take, Mayor Britschgi outlined the procedure that will be followed. City Manager Smith provided the background which led to consideration of the current proposal for waste disposal. City Attorney Schricker emphasized that Council should recognize what is not being asked of them at this time; i.e., that there is not a project before them for approval; that no permits are under consideration, and there is nothing of a legally binding nature before them. What is being requested by the proponent of the project basically is a statement of policy; that what Council must determine preliminarily is that the use is not inconsistent with the zoning proposed for the property, which is presently outside the City limits, and recommended that if the concept is approved an annexation agreement should be entered into; that the proponent of the facility is aware with respect to issuance of a permit by the Energy Commission, there is a requirement for local review of the application. It would therefore be prudent for a proponent of such a facility to determine in advance of making such application what the attitude of the community would be. Planning Director Schroeter described the entitlements that would have to be authorized by the City, as well as at the State level, including preparation of an environmental impact report, requiring hearings, followed by review by the State clearing house, and this process alone would require five to nine months; then the execution of agreements, annexation, a zoning process, followed by applications for use permits and architectural permits. Mack Torrence, Project Engineer of Combustion Engineering, stated that they are only asking approval in concept at this time, noting that in the course of various approvals, the public will have many opportunities to express views and concerns about the project. He expresssed appreciation for having had the opportunity to present their proposal in previous public meetings. William T. McKay, Managing Partner, Portside Associates, 460 Seaport Court, Redwood City, indicated that having expressed their concerns for health, safety and economic impact on the community, they formulated a number of questions and obtained professional opinions from a number of consultants concerning those issues. The questions and the responses were assembled for distribution to the Council tonight. (Copy on file in City Clerk's office.) Richard C. Carlson, 125 California, Palo Alto, Economist with QED Research, stated that the firm specializes in a number of areas related to this matter; that they look at new kinds of power facilities, but also specialized in litigation on failed energy projects, and described potential environmental and economic risks from this kind of facility. Reg. Mt g. 5/13/85 Page 5 MINUTE BOOK NO. 45 Page No. 473