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Home My WebLink About1990-05-08; City Council; Resolution 90-129W - 1 2 3 4 5 6 7 a 9 10; 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING OUTSIDE -GAL REPRESENTATION BEFORE THE CALIFORNIA ENERGY COMMISSION IN CONNECTION WITH THE APPLICATION BY SDGfE TO EXPAND THE ENCINA POWER PLANT (NO1 89-11 WHEREAS, SDG&E filed an application before t California Energy Commission on December 27, 1989, evidenci its intent to expand power generating facilities at one or mo of five different sites (89-NOI-10), and; WHEREAS, one of those sites is the existing Enci Power Plant located in Carlsbad, California, and; WHEREAS, that application was deemed complete by tl California Energy Commission on March 28, 1990, and; WHEREAS, the City Council has previously determinl that it will be necessary to hire expert legal representatil and consultants in those proceedings, and: WHEREAS, the comprehensive search was undertake: resulting in a recommendation to hire Allan J. Thompson, Esq. the law firm of Jackson, Tufts, Cole and Black, and; WHEREAS, notwithstanding Resolution No. 90-14, it : not necessary to intervene in these proceedings at this til since the City is accorded special status as a local agenc] allowing it to fully participat.e in the proceedings and obta. additional facts and information, and: WHEREAS, the Council. requests its staff, expert: consultants and legal representatives to participate in tl review by the California Energy Commission of the San Diego Gz and Electric Company’s Notice of Intention for a combined-cyc: unit, and to investigate and report to the City Council on tl /I .1 w w 1 2 3 4 5 6 7 8 9 10 11 I potential impacts on the citizens of Carlsbad resulting from ' construction and operation ofthe proposed 460 megawatt addit to the Encina power plant complex, and: WHEREAS, the City is a local agency and authori: under the Commission's rules to seek and will seek to * maximum extent possible, reimbursement of its time and co! incurred in these proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council the City of Carlsbad, California, as follows: 1. That the above recitations are true and correc 2. That Allan J. Thompson, Esq. of the law firm Jackson, Tufts, Cole and Black is hired at the rate of $185 ] 12 na hour, and an amount of $150,000 to be transferred from 1 swm <3ng coco5 ' ' ' l3 City's contingency account to the City Manager's Professiol OUV OOQQ 14 z>+z ol-gc Services Account NO. 001-820-1020-2479, set aside for t- u a ' 'a: n ' l5 purpose, to represent the City in the proceedings pending befc woo >ma z"I yn 2032 a: 0 l6 '$8y the California Energy Commission (89-NOI-1) and to provide t L:% services generally outlined in Exhibit lIBtr to this resolutj l7 Go 18 19 20 21 22 23 24 25 26 27 28 and under the general direction of the City Attorney and cj Manager. 3- Carlsbad's petition for intervention will refiled at a later date in these proceedings. 4. The City Will seek the maximum amount reimbursement of its Costs incurred in these proceedir Pursuant to Section 1715 of the Commission's regulations. 5- Upon receipt and analysis of information regardi potential impacts of Operation and expansion of the Encina POk plant, the City Attorney and City Manager are directed to repc 2 w w 1 2 3 4 5 6 7 8 9 10 l1 11 0 slug m>2 $E& <an: -ow 0uum ooaa Z>iF QcgE mGog ~umo g:$Q- ZOJS qgf? >2% u 'a? >ma 0 to 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 to the City Council for further direction in these proceeding PASSED, APPROVED AND ADOPTED at a Regular Meeting the City Council of the City of Carlsbad, California on the 8th day of May , 1990, by the following vot to wit: AYES: Council Members Lewis, Kulchin, Mamaux and Larson NOES: None ABSENT: Council ATTEST : ALETHA L. RAUTENKRANZ, City Cldrk 3 w w #. ' I LAW OFPICSE, Of JACKSON, TUFTS, COLE B BLACK A PARTNcRSMIP INCLUDING PROFESBlONhL CORPORATIONS ALLAN J, THOMPSON 650 CALIFORNIA STREET SIN JOSE OVlCC LIhRTNIR $AN FRANCISCO. CALIFORNIA 94108 $0 9OUTH MbRkbT STRI (415) 433ai9E6 SAN JOSE.C*LIfORNI* Ql Ian CLOOR TbLKX II BlOa 728186 FACSIMILE XU (41s; 398-34b4 was) e9a.Iesa !us) ad, April 19, 1990 Ron Ball, Esg. city of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 93008 ~e: San Diego Gas & Electric Company's c of Intent bear Ron: Thank you for yaur expression of interest in retaining our firm to assist you in the evaluation of the Notice of Intent (lNOI") filed by San Diego Gas & Electric Company (lISbGhE't) with regard to its proposal to consider Encina as a possible site for a combined cycle power plant. I have reviewed the NO1 filed by SDG&E and believe that a substantial effort requiring legal and congulting services will be required ta address adequately the issues that facg your city in the evaluation of this NoI. Although my normal hourly rats is $250, we have tentatively agreed to bill cut my time, and the time of any other partners 01 associates at this firm who work on this matter, at a rate of $185 an hour. I contemplate that mast ef the time spent on the matter will be my time, although a detailed breakdown of the activities and costs associated with those activities cannot be made at this time, I have included with this letter a current "bast guess!' of NOI related activities that will require our attention over the naxt 12 months. I have also attempted to estimate the hours thal will be spent far these activities in any given month and by thir means have come to an estimate for legal services of approximately $150,000. Since the City of Carlabad will be gathering information to be submitted to the Energy Commission 01 the impacts upon the City of Carlsbad associated with power plan! construction and operation at the Encina site, it is possible that a substantial portion a€ the legal services will be eligibli far reimbursement by the CEC. Although the CEC analysis of the potontial power plant site: encompasses energy, safety, and environmental ar~as, I believe @I w w L. ’ I Ron,Barll, Esq. April 19, 1990 Page 2 that the best course of action for the City af Carlabad is to concentrate on those areas where the impacts upon the cornunity may be the greatest. For example, I do not balieve that time wauld be well spent analyzing the various engineering oyssteme (electrical, mechanical, etc.) of the power plant; eoncentrating instead on the impacts on the community such as visual, air pollution, noise, land use considerations, impacts upon the Agua Hediondr Lagoon and other localized environmental impacts. If you have any questions concerning the scape of the ~arvfcm propased abave, pleas4 415 nbt hdtate to call me. I leak ferward ta warking with you. AJT/dmg Enclosures 2\UWATA\OFFICE\MISC\LTlM.A~~ w C. April 1996 May 1990 June 1990 July 1990 August 1990 Irag;krs Define scope of work; prepare case outline; meet with city officials regarding strategy; preliminary discussions with CEC Staff regarding areas of interest; Prepare data requests; confer with environmental consultant8, if any; meetings with CEC Staff seeking caopcration in areas of inquiry; interview expert WitIleSBgS; Analyze data requests/ responses; review SDG&E documents an6 filings; prepare second round data requests; Submit second round data requests; analyze data responses; prepare and argue case for relevance of data requests that 8bG&E refuses to answer ; Attend workshaps ' with CEC Staff and SDG&E and Carlsbad experts in efforts to resolve issues; meet with - Approximate - 25 Hours 100 hours 100 Hours 100 Hours 50 Hours w environmental w consultants and expert witnesses; September 1990 October 1996 Attend workshops 35 Hour# with CEC Staff and SDG6rE and Carlabad experts in efforts to resolve issues; meet with environmental consultants and expert witnesses; prepare strategy following workshapst Atitend workshaps 25 Hours with CEC Staff and SDGLE and Carlsrbad experts in efforts to resolve issues; meet with environmental consultants and expert witnesses; negotiations with CEC stall regarding City issues ; November 1990 Prapara testimony 100 Hours and prepare expert witnasses; attend evidentiary hearings at CEC; prepare presentation of case; December 1990 Prepare testimony 106 Hours and prepare expert witnesses; attend evidentiary hearings at CEC; prepare presentation of case; , January 1991 w Monitor hearings and participate in hearings on relevant Carlsbad issues; prepare comments to Presiding Members' Report and CEC Draft Decision; -5 Hours February 199 1 Manitor hearings 50 Hours and participate in hearings on relevant Carlsbad issues; prepare comments to Presiding Members' Report and CEC Draft Decision; March 1991 Perform closing 50 Hours work with respect to CEC Decision; attend hearings regarding Final Decision; evaluate CEC Decision and report on results and options available to city;