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HomeMy WebLinkAbout1990-02-13; City Council; 10489; THE EXTENSION OF THE INTERIM ORDINANCE PROHIBITING APPLICATIONS INCREASING THE SIZE, LOCATION OR GENERATING CAPACITY OF THE EXISTING ENCINA POWER PLANT. a UA d IE r&L B .. 2 0 4 A 0 z 3 0 0 E CI~OF CARLSBAD - AGEN~BILL /*d & AB#- TITLE:THE EXTENSION OF THE INTERIM ORDINANCE MTG.2/13/90 DEPT. cA OF THE EXISTING ENCINA POWER PLANT' PROHIBITING APPLICATIONS INcREAs ING TH~~~~~~ CITY MG R.* SIZE, LOCATION OR GENERATING CAPACITY RECOMMENDED ACTION: That the City Council adopt by a 4/5ths vote ordinance No. &fs- I j j extending Interim Ordinance No. NS-108, prohibiting the increase in size, location or generating capacity of the existing Encina power generating facility. ITEM EXPLANATION At its meeting of January 23, 1990, the City Council tookthe following actions: 1. Adopted Resolution No. 90-14, requesting that the California Energy Commission grant the City "intervenor status" in any deliberations concerning Carlsbad as a potential location of future planned expansion. 2. Adopted Ordinance NS-108, establishing an emergency moratorium on SDG&E Encina expansion activities pending studies and possible changes in the General Plan, Local Coastal Program and the Zoning Ordinance. 3. Adopted Resolution No. 90-15, authorizing staff to initiate the requests for proposals processed in order to select consultants, to both prepare the studies referred to above and to assist the City in its capacity as ttintervenorvt. On January 24, 1990, representatives from the City attended a public work shop before the California Energy Commission (CEC) in Sacramento informing it of the City's position and filing its petition in intervention. A filed copy of the City's Petition for Intervention is attached as Exhibit. A to this Agenda Bill. It will be acted upon at the CEC's business meeting of February 14, 1990. At the public hearing of January 23, 1990, representatives from SDG&E requested clarification of the affect of the ordinance upon certain existing or proposed activities at its Encina plant. Staff has interpretedthe ordinance to respond to SDG&EIs specific concerns as follows: 1. SDG&E received approval from the Planning Commission on July 19, 1989 to install six waste water tanks upon meeting certain conditions. This ordinance will not impact those approvals or subsequently issued permits necessary to coinplete that project to return the property to its original il) * j"W Agenda Bill Paqe TWO L state. The City will evaluate the effect of a demineralizer regeneration discharge tank against this ordinance in order to determine whether it increases the size, location or generating capacity of the power plant when the project is submitted, and application for the appropriate permits is made. The proposed ordinance is not intended to prevent emergency repairs or replacement of damage or destroyed equipment provided all necessary and proper City permits are obtained. 3. The proposed ordinance will not affect SDG&E1s ability to operate and maintain its existing power plant and other existing facilities but rearrangement, remodel of interior spaces, maintenance, replacement and repair of existing facilities and maintenance dredging of the lagoon may require City permits, and permits from other agencies that have jurisdiction over these changes. The proposed ordinance will not prohibit SDG&E from applying for the necessary and proper permits to change the existing entrance and guard shack to its plant, however, all such changes will be subject to the Specific Plan and will require a complete major amendment to it processed in accordance with Chapter 21.34. At that time, the cumulative impact of all previous minor amendments will be considered and an analysis will be made as to whether any conditions are necessary to address these cumulative impacts as set forth in the letter from the Planning Department dated July 24, 1989. 2. 4. FISCAL IMPACT Extension of Ordinance No. NS-108 will require the Council to issue a report at least 10 days before the expiration of this ordinance describing the measures it has taken to alleviate the conditions which led to the adoption of it. The costs of this study are unknown at this time. EXHIBITS 1. Petition for Int,e 3. Ordinance No. NS-108 2. Ordinance No. mn I 1 2 3 4 5 6 7 8 9 10 11 12 Om SI+ 22 13 ;;2 uzg 15 >rn< WWV ZJ $;? >Z$ 17 18 19 20 21 22 23 24 25 26 27 28 sg$ 04Q 14 gig '<J nr~d 16 Q<4 50 a 0 ORDINANCE NO. NS-111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTED AS AN URGENCY ORDINANCE EXTENDING THE TEMPORARY ORDINANCE PROHIBITING THE EXPANSION OF GAS AND ELECTRIC UTILITY FACILITIES LOCATED WITHIN THE PUBLIC UTILITY ZONE PENDING STUDIES AND CHANGES IN THE GENERAL PLAN AND ZONING ORDINANCE. WHEREAS, the City Council at a public hearing at its regular meeting of Tuesday, January 23, 1990, determined it was necessary to prohibit development applications which would increase the size, location, generating compacity or use of the existing Encina power generating facility within the general plan YJtl designation IrPUtr zoning disticts as shown on the map attached as Exhibit A to that ordinance pending Comprehensive Studies of the General Plan, Local Coastal Plan, Specific Plan and Zoning Ordinance; and WHEREAS, the City Council at said meeting of January 23, 1990, set a public hearing for February 13, 1990, to consider extending Interim Ordinance No NS-108; and WHEREAS, the Interim Ordinance may be extended for up to 22 months and 15 days following notice and public hearing prior to the expiration of 45 days from the adoption of Ordinance No. NS-108 pursuant to Government Code Section 65858(b). NOW, THEREFORE, the City Council of the City of Carlsbad,' California does ordain as follows: ~ SECTION 1: That the provision of Interim Ordinance1 1 1 At least 10 days prior to the expiration of this ordinance, the City Council shall issue a written report describing the measures taken to alleviate the conditions which1 lead to the adoption of this ordinance. No. NS-108 is hereby extended for 22 months and 15 days. 1 SECTION 2: 1 1 1 ‘I 1 2 3 4 5 6 7 8 9 lo ’I n 12 am mug ”- sgg j3 ow% b2: l4 >iZ On& ‘sg ‘41 15 >m< $26 16 17 woo ps ag? >?% =o Ll l8 19 20 22 21 23 24 25 26 27 28 a a DECLARATION OF URGENCY: This ordinance is hereby declared to be an emergency ordinance adopted as an urgency measure to protect the public health, safety and welfare and shall take effect immediately upon its adoption. The facts constituting the emergency are set forth above and represent a threat to the public health, safety or welfare of the citizens of Carlsbad. EFFECTIVE: This ordinance shall be effective immediately upon passage and shall be of no further force and effect after 22 months and 15 days from its adoption unless sooner repealed by the City Council. The City Clerk of the City of Carlsbad shall certify to the adoption of this ordinance and cause it to be published once in the Carlsbad Journal within 15 days after is adoption. INTRODUCED, PASSED AND ADOPTED at a regular meetihg of the Carlsbad City Council on the 13 day of February 1990, by the following vote, to wit: I 1 ’I AYES: NOES: None ABSENT: None Council Members Lewis, Kulchin, Pettine, Mamaux and Larso APPROVED AS TO FORM AND LEGALITY 4 4Q L. VINCENT F. BIONDO, JR., City Attorney [&//[: j I ATTEST : 1 f’g’ ’ c /[(*”-. I -’C UDE A. LEWIS, Mayor ALETHA L. R~UTENI&ANZ, City Clerp ' /I i -. i ' 2 3 4 5 6 7 8 9 10 11 12 2m 2w8 5s; 13 $"Z ;% jzs 14 -5% jn, 15 $I?" tad 16 19s rg1? - 3 % 17 50 18 19 20 21 22 23 24 25 26 27 28 -22 '<i -at< -85-:: * 1-1 L -. 5. ~AAUI LUIairfi\i~~tUN 'a I JAN 2 1930 VINCENT F. BIONDO, JR. (Bar #40678) City Attorney gvr-rrn 1~1 nv.'. Ronald R. Ball (Bar #74105) Assistant City Attorney City of Carasbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 (619) 434-2891 Attorneys for Intewenor/Petitioner City of Carlsbad STATE OF CALIFORNIA State Energy Resources Conservation and Development Commission DOCXET NO. 89 NO1 1 1 1 1 1 1 In the Matter of: SAN DIEGO GAS & ELECTRIC ) COMPANY PETITION FOR INTERVENTION Petitioner, City of Carlsbad, respectfully submits its Petition for Intervention and states: 1. Petitioner, City of Carlsbad, petitions to intervene in the above-entitled proceedings because selection and eventual development of a site within its jurisdiction would have fundamental, short-term and long-term adverse impacts on its environment, land use patterns, circulation and transportation systems, air and water quality, fish and wildlife and other natural resources. At its meeting of Tuesday, December 12, 1989, the City Council formally learned from the applicant that it was considering expansion of its existing Encina power plant as one of five possible sites for its proposed 460 megawatt expansion. At that hearing, SDG&E declared that this site was a prime candidate z -, 1 2 3 4 5 6 7 8 9 10 11 12 $We m>Z' 13 &ea; uog :$% O<Q '4 >A2 k5= vsg 15 >-ma wmo $26 16 oaa >2% 17 Eo 18 19 20 21 22 23 24 25 26 27 28 0 5;; e 0 because of its low development costs when compared to the othe sites. In particular, applicant announced that the existing Encin power plant within petitioner's jurisdiction has abundant wate supply for cooling purposes and land available for the propose expansion. 1990, the Cit council further considered this proposed expansion and adopte resolutions and an emergency ordinance authorizing this Petitio in Intervention in these proceedings and adopting an emergenc moratorium prohibiting expansion of the Encina power plant pendin general plan, local coastal plan and zoning studies as permitte by Government Code Section 65858. Attached are copies of the cit of Carlsbad agenda bill and attachments presented to the Cit Council at its said meeting of January 23, 1990. Because the Cit of Carlsbad will be fundamentally effected by the impact of thes proceedings, it wishes to participate fully and effectively in th complete process, be advised of all pleadings, petitions and othe documentary evidence filed or available in these proceedings an to present evidence on the impacts of selection of a site withi plaintiff's jurisdiction, and to present evidence and cross-examin witnesses appearing before the subcommittee, full commission o otherwise in these proceedings. DATED: Jctr\. 23,f't%. At its meeting of Tuesday, January 9, CI, VINCENT F. BIONDO, JR. City Attorney 1 By: (z. RONALD R. BALL Assistant City Attorney Attorneys for City of Carlsbad T 2 -. 1 2 3 4 5 6 7 8 9 10 11 12 ag, m2 $5: u%% 045 14 >ig 15 t>O on!& -ad >ma urn0 $26 16 oa.4 5;: >2% 17 60 18 19 20 21 22 23 24 25 26 27 28 suz 13 0 0 'I ORDINANCE NO. NS-108 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING AN EMERGENCY MEASURE PROHIBITING THE EXPANSION OF GAS AND ELECTRIC UTILITY FACILITIES LOCATED WITHIN THE PUBLIC UTILITY ZONE PENDING STUDIES AND CHANGES IN THE GENERAL PLAN AND ZONING ORDINANCE. WHEREAS, the Public Utility Zone was established and created in 1971; and WHEREAS, that zone has not been studied or substantially amended since that time; and WHEREAS, the general plan designation establishing a public utilities land use classified 'V1 was established October 15, 1974 and has not been substantially reviewed or amended since that time; and WHEREAS, the City needs additional time to comprehensively study both the General Plan and Public Utilities Zones in order to determine the appropriateness of development standards and to determine whether or not, due to the passage of time, existing standards are no longer appropriate or sufficient to protect the health, safety and welfare of its citizens; and WHEREAS, public utilities, without distinction betweer electrical energy generation, gas generation, water utilities, treatment of waste water processing and disposal utilities and other public utilities are permitted within that designation on11 upon obtaining a specific plan, master plan or similar actions adopted by ordinance and'that none of these uses are a conditional use within that designation; and I WHEREAS, the San Diego Gas and Electric Compank constructed the existing Encina power plant in approximately 1952 i _' 'I -I * jl I I 1 2 3 4 5 6 7 8 9 10 11 12 22" 13 D SLu% aog gi? 0'' 02% 15 >ma wmv 226 16 044 5;: >2q 17 $0 18 19 20 21 22 23 24 25 26 27 28 Ea& ;as oau 14 a e and prior to the General Plan designation establishing a public utilities land use and implementing zone: and WHEREAS, the construction and operation of the Encinz plant was permitted subject to a final specific plan: and WHEREAS, that specific plan requires notice and public hearings of any changes to it; and WHEREAS, there have been a number of changes in the plar without notice and hearings including a fuel tank installation ir 1975, a two-story 50' x 16' control room in 1977, the relocatior. of a maintenance building, expansion of a switching substation and driveway in 1980, the expansion of a distribution substation in 1982, the addition of a 6,168 square foot administration building in 1984, the remodeling of the electric shop in 1985, lunchroolr remodeling in 1985, addition of a storeroom and repair facility in 1986, the construction and addition of a 20' x 40' pipe storage shed in 1986, the construction of a 30' x 30' metal paint shop ir 1986, the addition of microwave dishes and radio antenna attached to the existing stack in 1986, and the addition of two temporary office trailers in 1987; and WHEREAS, SDG&E was informed that any future modifications, changes, amendments or additions to its plant would require a complete major amendment to the specific plan processed in accordance with Chapter 21.36 of the Carlsbad Municipal Code and at that time the cumulative impact of all previous minor amendments would be considered and an anafysis would be made as to whether any conditions are necessary to address those cumulative impacts; and -2 *. ~ I i 1 2 3 4 5 6 7 a 9 10 11 12 Om sum w>z 13 &Em 4'": OW uum oaa 14 >d$ 2'0 OLL 15 >-ma urn0 aab 16 05s 5s~ 17 >2% 60 -I- '4-1 ZJ 18 19 20 1 I 21 1 22 23 24 25 26 27 28 e m WHEREAS, Ordinance No. 9372 adopted December 197: amending SDG&E t s specific plan required five year reviews and thosr reviews have not been commenced nor completed; and WHEREAS, SDG&E has notified the City that it has filec a notice of intention (llNOI1l) on December 26, 1989 with thc California Energy Commission for expansion of its Encina facilit! in order to generate an additional 460 megawatts of energy whicf will require an additional five to six acres of land; and WHEREAS, SDG&E has notified the City that the Encin' plant is one of the prime candidates for expansion and that, ir fact, it intends to promote that site as a prime candidate becausc of the ready availability of land and abundant water for coolinc purposes at that location; and WHEREAS, the construction of the addition to its existinc plant will have significant effects on the environment includinc the construction and erection of two smoke stacks 150 feet higP which will represent a hazard to aircraft and a navigational obstruction to aircraft using the Palomar Airport located withir the City of Carlsbad; and WHEREAS, the construction and expansion of the existin5 plant will add pollutants and noxious emissions to the environment affecting the health and safety of the citizens of Carlsbad and it: environs; and WHEREAS, the construction and expansion of the existin5 t plant will effect the Agua Hedionda Lagoon and the balance of fisl and wildlife; and i 3 I "i * ;I 1 2 3 4 5 6 7 8 9 10 11 12 Qcn sum o>Z 13 $Em 0 a08 UtP 044 14 >dZ kSU "2; 15 >ma woo 526 16 oaa $;! >22 17 18 19 20 21 22 23 Eo 0 0 WHEREAS, the construction and expansion of the existing plant will require enlarging the bridge along Carlsbad Boulevard overthe Agua Hedionda Lagoon further disrupting fish and wildlife; and WHEREAS, the construction and expansion of the existin5 plant may alter sand migration and transport systems in the coastal region near the Agua Hedionda Lagoon and may adversely impact beaches along the Pacific Coast of a presently unknown extent; anc WHEREAS, changes to this bridge will be a majoi disruption to plannlng and circulation within the City of Carlsbad; and WHEREAS, expansion of the Encina power plant may bc prejudicial to other nearby land uses that are proposed and arc being processed for approval; and WHEREAS, the City has adopted an ordinance prohibitinc on-shore oil facilities supporting off-shore oil exploration; anc WHEREAS, the expansion to the Encina plant will require increased oil and fossil fuels and expose the citizens of Carlsbac to additional environmental risks; and WHEREAS, the City intends to study the appropriatenes2 of the general plan land use designation for the site; and WHEREAS, expansion of the Encina plant may be in conflic- with a zoning proposal which the City Council intends to study; an( WHEREAS, processing and approval of the expansion of thc I 24 25 I 1 26 ' 27 28 i Encina plant, until these studies are completed and the genera plan and zoning district amended, would severely prejudice thl ability of the City to permit, conditionally permit or prohibi ~ /I 4 .. '. j 1 1 2/ 3 4 5 6 7 8 9 10 11 12 n arE -I- 13 aacb ang lL%Z oaa 14 >iZ k5U 002 15 ,ai >ma urn0 $&* 16 oca 5;: >.I% 17 to 0 18 19 20 21 22 23 24 25 26 27 28 am 0 e 0 expansion of power generating plant at this location or at other locations; and WHEREAS, the City Council has determined for the reasons stated above, such expansion of existing power generating plants represent a current and immediate threat to the public health, safety and welfare; and WHEREAS, this ordinance is adopted pursuantto Government Code Section 65858(b) allowing the adoption of such urgency ordinances by a four-fifths vote of its legislative body after notice and hearing pursuant to Government Code Section 65090; and WHEREAS, it is the intent of the City Council to extend this interim ordinance for 22 months and 3.5 days following a notice and public hearing prior to the expiration of 45 days from the adoption of this ordinance NOW, THEREFORE, the City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That the above recitations are true and correct. SECTION 2: No development application shall be accepted, processed or approved which would increase the size, location, generating capacity or use of the existing Encina power generating facility within the general plan *W1* designation and I'PUf1 zoning districts as shown on the map attached as Exhibit A. ' SECTION 3: On or before 45 days following the adoption of this ordinance, the City Council shall hold a public hearing to consider extending this ordinance for 22 months and 15 days pursuant to Government Code Section 65858(b). The City Clerk is 5 8' 'I I 1 2 3 4 5 6 7 8 9 10 11 12 a am mua m>sTi 13 2:; ;$% o4a 14 >dZ Oau- ksg 15 >ma $&6 16 QU~ $5 >zs 17 18 19 20 -1- '<i WUJO 60 ~ 22 23 24 25 26 27 I 28 ' 21 ~ I I 0 e directed to notice the hearings as required by Government Code Section 65090. DECLARATION OF URGENCY: This ordinance is hereby declared to be an emergency ordinance adopted as an urgency measure to protect the public health, safety and welfare and shall take effect immediately upon its adoption. The facts constituting the emergency are set forth above and represent a current and immediate threat to the public health, safety or welfare and that approval of additional development or expansion of the Encina plant which may be required in order to comply with existing ordinances would represent a threat to the public health, safety and welfare of the citizens of Carlsbad. EFFECTIVE: This ordinance shall be effective immediately upon passage and shall be of no further force and effect after 45 days of the date of its adoption unless extended by the City Council pursuant to Section 3. Thereafter, it shall remain in effect until contemplated studies studying the appropriateness of the land use designation in the General Plan and the zoning districts within the zoning code for electric and gas power generating plants are completed unless sooner repealed by the city council. At least ten days prior to the expiration of this interin ordinance, the City Council shall issue a written report describing the measures it has taken to alleviate the conditions which led tc the adoption of this ordinance. The City Clerk of the City of Carlsbad shall certify to the adoption of this ordinance and cause 6 11 1 2 3 4 5 6 7 8 9 lo 11 12 a SU% m>z 13 %E8 :s% 15 5;; -1- owm ~0~ 14 044 >iZ k55 >-mu 226 16 044 >2% 17 to 18 19 20 21 22 23 24 25 26 27 28 wmv V 0 it to be published once in the Carlsbad Journal within 15 days after is adoption. INTRODUCED, PASSED AND ADOPTED at a regular meeting o day of January, 1990, b the Carlsbad City Council on the 23rd the following vote, to wit: AYES: NOES: None ABSENT : Council Member Kulchin Council Members Lewis, Pettine, Mamaux and Larson APPROVED AS TO FORM AND LEGALITY &n. -A VINCENT F. BIONDO, JR., City Attorney ATTEST: 04XL 4 R- ALETHA L. RAUTENKRANZ, City C4erk ' 7 EXHIBIT [STING GENERAL PLP 4------- ------- --._-. -------- -4 m e TRANSCRIPT FROM: February 13, 1990 City Council Meeting AB #10,489 - EXTENSION OF INTERIM ORDINANCE PROHIBITING APPLICATIONS INCREASING SIZE, LOCATION OR GENERATING CAPACITY OF EXISTING ENCINA POWER PLANT. Ray Patchett: Mayor this item is to consider extending an interim ordinance regarding the expansion of the Encina Power Plant. Assistant City Attorney Ron Ball, Research Manager Jim Hagaman and Principal Planner Dennis Turner are available to make the presentation. Jim Hagaman: Mayor Lewis and members of the City Council, this hearing is to consider the extension of the interim ordinance prohibiting applications increasing the size, location or generating capacity ofthe existing Encina Power Plant. This ordinance proposed extends the moratorium for an additional 22 months and 15 days from adoption unless it is repealed by the City Council. At your January 23rd meeting of the City Council you adopted an emergency moratorium, Ordinance NS 108. The emergency moratorium adopted, is effective for 45 days unless extended by the City Council. The proposed ordinance before you this evening extends that moratorium for 22 months. To determine the nature and extent of any possible impact the staff has asked this ordinance be extended to deal with environmental and economic studies. It is further noted that at the hearing on January 23rd, representatives from San Diego Gas and Electric out1 ined a number of concerns which needed cl ari f i cat i on concerning exi st i ng and proposed activities at the Encina Plant. Staff has met with representatives from San Diego Gas and Electric in the interim addressing their concerns as follows: One, previous approvals from the Planning Commission to install six waste water tanks for meeting the certain conditions are not affected by the adoption of this ordinance nor subsequently issued permits necessary to return the property where the tanks were located to its original state are not affected by this ordinance. This ordinance is not intended to prevent emergency repairs or replacement of damaged or destroyed equipment at the site. This ordinance is not intended nor will it effect San Diego Gas and Electric's ability to operate and maintain its existing power plant and other existing facilities. But all rearrangements, remodeling and other such activities may require City permits and permits from other agencies that have jurisdictions over these changes. The proposed ordinance will not prohibit San Diego Gas and Electric from applying from the necessary and proper permits to change the existing entrance and guard check. However all such changes will be subject to the Specific Plan and will require a complete major amendment to be processed at the time of such a proposed amendment. The cumulative impact of all previous minor amendments will be considered and analysis will be made as to whether any conditions are necessary to address these cumulative impacts as set forth in a previous letter from the Planning Department to San Diego Gas and Electric dated January 24, 1989. As an update, tomorrow, February 14th at the California Energy Commission monthly business meeting, the San Diego Gas and Electric Notice of Intention will be considered as to whether the information and the application is adequate. Ron Ball, Dennis Turner, and myself will represent the City at this hearing. We have filed on the City's behalf a Notice of Intervention with the Energy Commission which will be considered and are requesting that the California Energy Commission find that the Notice of Intention is inadequate based on a number of environmental and safety concerns which we have presented to them. Plus, there is an unclear situation regarding the proposed merger with Edison and the proposed amendment to the application on the Sun Desert Site. For those reasons 4 e e we will represent the City in that state. We will report the results of our requests upon our return to the City Council. Finally, tonight the staff is recommending that the City Council adopt Ordinance NS-111 extending the interim moratorium of Ordinance NS-108 prohibiting the increase in size, location or generating capacity of the existing Encina Generating Facility. We’re available to answer any questions you may have. Mayor Lewis: Any questions before we open to public hearing? Mayor Lewis: All right, this is a public hearing, anyone wishing to address this issue, perhaps San Diego Gas and Electric ... okay, no one there. Anne Kulchin: Paul’s here. Mayor Lewis: Okay, do you wish to .... Paul: Mayor Lewis: Okay, fine. Is there anyone else wishing to address the Council on this issue? Alright than 1’11 close the public hearing. We have staff’s recommendation and we have read the information and we have been instructed before as to what would take place when the representatives were here earlier, and if we have no other comments.. . Kulchin: Mayor Lewis: Mr. Ball, I guess you‘re it. Mr. Ball: Thank you Mr. Mayor. It is ordinance No. NS-111. An ordinance of the City Council, the City of Carlsbad, California, adopting an urgency ordinance extending the temporary ordinance prohibiting the expansion of Gas and Electric utility facilities located within the public utilities zone pending studies and changes in the general plan and zoning ordinance. Kulchin: Mamaux: Second. Mayor Lewis: Vote please. Mayor Lewis: Note all five Council persons have supported the adoption of Ordinance NS-111 extending the interim Ordinance NS-108 prohibiting the increase in size, location or generating capacity ofthe existing Encina Power Generating Facility. I don’t need to make a presentation ... I think we have to have an attorney title the ordinance. Mayor, move for adoption of Ordinance NS-111 as titled by Mr. Ball. e a , - Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of Son Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (61 9) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; 1 am over the age of eighteen years, and not a party toor interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which. newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still hasa bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on NOTICE OF PUBLIC HEARING the following dates, to-wit: NOTICE IS HEREBY GIVEN that me City Council of the City OfCarls- .bad Will hold a public hearing at 'Carlsbad Village Drive, Carisbad, California, at 6:OO P.M. on Tuesday February 13, 1990, to conside; adopting an ordinance extending an emergency measure prohibiting the expansion of gas and electric utility facilities located within the Public Utility zone pending studies and changes in the General Plan and Zoning Ordinance. Ifyou have any questions regard- ing this matter, please call the Planning Department at 438-1161. If YOU challenge the Urgency Ordinance in court, YOU may be li- YOU or Someone else raised at the 'Public hearing described in this notice or in written correspond- ence delivered to the City of earls- to the public hearing. Applicant: City of Carlsbad Cl6101: February 2,1gg1~ February 2 90 the City Council Chambers, 1200 ................................. 19.. .. 19.. ................................. .. ................................. 19.. .. Inited to raising only those issues ................................. 19.. .. bad, city Clerk's Office, at or prior ................................. 19.. .. CARLSBAD CITY COUNCIL -. I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 2nd day of FPhv ~-$E?jj, d3& j?pp Clerk of the Printer #202-2M-12/87 V e * I- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, Februarv 13, 1990, to consider adopting an ordinance extending an emergency measure prohibiting the expansion of gas and electric utility facilities located within the Public Utility zone pending studies and changes in the General Plan and Zoning Ordinance. If you have any questions regarding this matter, please call the Planning Department at 438-1161. If you challenge the Urgency Ordinance in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, City Clerk’s Office, at or prior to the public hearing. APPLICANT: City of Carl sbad PUBLISH : February 2, 1990 CARLSBAD CITY COUNCIL