HomeMy WebLinkAbout1990-05-08; City Council; 10614; AGREEMENT FOR LEGAL SERVICES IN THE PENDING PROCEEDINGS BEFORE THE CALIFORNIA ENERGY COMMISSION FOR THE PROPOSED ENCINA POWER PLANT EXPANSIONa w 3. 0 CT e 3
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adopted Ordinance No. NS-108,establishing an emergency moratorium on expansion activities at the SDGtE Encina plant site pending studies and possible changes in the general plan, local coastal program and the zoning ordinance.
On February 19, 1990, the Council extended its interim ordinance
prohibiting applications for expanding the existing Encina power plant for 22 months and 15 days. At least 10 days prior to the expiration of that ordinance, the City Council is required to issue a written report describingthe measure takento alleviate the conditions which led to the adoption of it.
On February 14, 1990, the California Energy Commission determined SDG&Ets application to be incomplete and requested supplemental information. That supplemental information was submitted and the Commission determined that SDG&E's application was complete on March 28, 1990, officlially commencing these proceedings.
11. LEGAL SERVICES
Meanwhile, staff engaged in a comprehensive search, seeking proposals from various law firms familiar with proceedings
a SDG&E Legal vices Agenda Bill
before the Commission. Because an NO1 had not been submitted to
the Commission for approximately 10 years, this search proved somewhat difficult and restricted the number of qualified law firms in this area. We have found a numher of law firms have practiced before the Commission representing applications for
power plants exempt from the NO1 process and other kinds of alternative energy sources requiring knowledge of the new laws and procedures.
After completing our investigation, interviews and reviewing various proposals, we recommended that the Council authorize the
preeminent practitioners in the energy field. Their firm resume is attached as Exhibit trA1r and their proposal to provide legal
services is attached as Exhibit "B1'. Allan J. Thompson, Esq., the partner in charge of administrative and energy law will be primarily responsible for providing these services to the City throughout these proceedings. A rate of $185 per hour has been
negotiated for the services which will be under the day-to-day control of the office of the City Attorney and City Manager.
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hiring of the law firm of Jackson, Tufts, Cole and Black who are
111. INTERVENTION
Intervention proceedings thus far, we have discovered that cities have special status in commenting upon and receiving notices of all actions of the Commission regarding this proposal. It is not necessary to intervene in the proceedings
at this time since we have been assured biy staff that the City will receive notice of all actions of the Commission, and be able to participate fully in the proceedings. Section 1714(b)
of Title 20 of the Commission's regulations require it to
consider and request comments and informat.ion from the City. In
responding to the Commission's request for information and comments on the impacts of the proposal at the Encina site, it
may be entitled to reimbursement of its costs, including attorney's fees pursuant to Section 171!5 of its regulations. The City and its outside counsel will keep an accurate record of all time and money expended in pursuit of information requested by the Commission or its staff during these proceedings for reimbursement purposes.
At its business meeting of February 14, 1990, Commission Chairman Imbrecht advised the City of the existence of these reimbursement procedures and that they would be available to the City. Based upon these sections , the Commission's
representations and advice of our outside counsel, it is recommended that the City's petition for intervention be held in abeyance until such time as the Council has received information through these proceedings or from its outside experts and consultants regarding the impacts of the proposed
expansion. Based upon a consideration of this information, the
Council may wish at that time, to take a position regarding the merits of expanding the plant at the Encina location and authorize the petition for intervention .to be submitted to the California Energy Commission.
aB vices Agenaa BILL w SDWXE Legai Pase Three
b- IV. INFORMATIONAL PRESENTATION IN CARLSBAD, THURSDAY.
MAY 10. 1990
Commission Chairman Imbrecht has appointed Commissioners Barbara Crowley and Art Kevorkian as the subcommittee that will hear these proceedings and make a recommendation at the conclusion of them to the entire Commission. The hearing officer for these proceedings is Mr. Gary Fay. The first meeting of the Commission's subcommittee in Carlsbad is scheduled for Thursday, May 10, 1990, 1:OO p.m. in the Council
Chambers, as required by Section 1722 of the Commission
regulations. The purpose of this hearing is to provide an opportunity for public informational presentations on the proposed expansion in order to set forth the need for it and to provide knowledge and understanding of the proposed sites and facilities to the public. Such presentations must provide for informal questions of the applicant and staff from local
residents and other interested persons regarding the proposed expansion. Members of the public, other interested agencies and other governmental representatives are encouraged to attend this important first hearing.
V. CARLSBAD/CHULA VISTA COORDINATION
Discussions between the staffs of the City of Carlsbad and the City of Chula Vista have determined that it is in the best interest of both cities to reduce the costs of these proceedings wherever possible by sharing information, data, experts and other resources.
FISCAL IMPACT
The estimated amount of funds to be expended through the Notice of Intention (NOI) proceedings is $150,000. An undetermined amount of this expenditure is reimbursable thoughthe California Energy Commission. If the case proceeds beyond the NO1 proceedings, there will be additional future expenditures to be determined at that time. Such expenditures may exceed the amount expended during the NO1 process. The $150,000 is transferred from the City's contingency account to the City Manager's Professional Services Account No. 001-820-1020-2479 The balance of the Contingency account will then be
$67,188.
ATTACHMENTS
1. Resolution Nos. ?@-/a 9 and 98-/34 -
2. Exhibit "A"
3. Exhibit "B"
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- RESOLUTION NO. 90-129
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, A'UTHORIZING OUTSIDE LEGAL REPRESENTATION BEFORE THE CALIFORNIA ENERGY COMMISSION IN CONNECTION WITH THE APPLICATION BY SDG&E TO EXPAND THE ENCINA POWER PLANT (NO1 89-1)
WHEREAS, SDG&E filed an application before the
California Energy Commission on December 27, 1989, evidencing
its intent to expand power generating facyilities at one or more
of five different sites (89-NOI-10), and;
WHEREAS, one of those sites is the existing Encina
Power Plant located in Carlsbad, California, and:
WHEREAS, that application was deemed complete by the
California Energy Commission on March 28, 1990, and:
WHEREAS, the City Council has previously determined
that it will be necessary to hire expert legal representation
and consultants in those proceedings, and:
WHEREAS, the comprehensive search was undertaken,
resulting in a recommendation to hire Allan J. Thompson, Esq. of
the law firm of Jackson, Tufts, Cole and Black, and:
I WHEREAS, notwithstanding Resolution No. 90-14, it is
not necessary to intervene in these proceedings at this time
since the City is accorded special status as a local agency,
allowing it to fully participate in the proceedings and obtain
additional facts and information, and;
WHEREAS, the Council requests its staff, experts,
consultants and legal representatives to participate in the
review by the California Energy Commission of the San Diego Gas
and Electric Company's Notice of Intention for a combined-cycle
unit, and to investigate and report to the City Council on the
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potential impacts on the citizens of Carlsbad resulting from the
construction and operation of the proposed 460 megawatt addition
to the Encina power plant complex, and;
WHEREAS, the City is a local agency and authorized
under the Commission's rules to seek a.nd will seek to the
maximum extent possible, reimbursement of its time and costs
incurred in these proceedings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That Allan J. Thompson, Esq. of the law firm of
Jackson, Tufts, Cole and Black is hired at the rate of $185 per
hour, and an amount of $150,000 to be transferred from the
City's contingency account to the City Manager's Professional
Services Account No. 001-820-1020-2479, set aside for this
purpose, to represent the City in the proceedings pending before
the California Energy Commission (89-NOI-1) and to provide the
services generally outlined in Exhibit olB1r to this resolution
and under the general direction of the City Attorney and City
Manager.
3. Carlsbad's petition for intervention will be
refiled at a later date in these proceedings.
4. The City will seek thie maximum amount of
reimbursement of its costs incurred in these proceedings
pursuant to Section 1715 of the Commission's regulations.
5. Upon receipt and analysis of information regarding
potential impacts of operation and expansion ofthe Encina power
plant, the City Attorney and City Manager are directed to report
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to the City Council for further direction in these proceedings.
PASSED, APPROVED AND ADOPTED at. a Regular Meeting of 1
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the City Council of the City of Carlsbad, California on the
8th day of May , 1990, by the following vote,
to wit:
AYES: Council Members Lewis, Kulchin, Mamaux and Larson
NOES: None
ABSENT: Council M
ATTEST:
ALETHA L. RAUTENKRANZ, City Cl&k 3uF m>
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RESOLUTION NO. 90-130
A RESOLUTION OF COOPERATION BETWEEN THE CITY OF CARLSBAD AND THE CITY OF CHULA VISTA,
AGREEING TO SHARE CERTAIN COSTS AND INFORMATION IN PROCEEDINGS NOW PENDING BEFORE THE
CALIFORNIA ENERGY COMMISSION (89-NOI-1).
WHEREAS, on December 27, 1989, SDG&E filed its notice
of intention to file an application for certification of a
combined-cycle electric generating facility at five various
locations (89-NOI-1), and;
WHEREAS, the California Energy Commission determined
that the application by SDG&E was complete on March 28, 1990.
WHEREAS, two of those proposed sites are within the
California coastal zone and within the cities of Carlsbad and
Chula Vista, and:
WHEREAS, it is to each cities' mutual benefit and
common interest to share information, data, experts and
resources wherever possible in order to reduce costs, and;
WHEREAS, to the extent the sharing of consultants and
other technical experts will achieve the results of lowering the
total costs to each city in these proceedings, and: I
WHEREAS, the City of Chula Vista has adopted or will
adopt a similar resolution of cooperation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as folllows:
1. That the above recitations are true and correct.
2. That the City of Carlsbad will cooperate with the
city of Chula Vista in sharing information, data, experts and
other resources, whenever possible in the above referenced
proceedings now pending before the California Energy Commission.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad, California on the
8th day of May , 1990, by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Mamaux and Larson
NOES: None
ABSENT: Council Me
ATTEST :
RK ALETHA L. RAUTENKRANZ, CITY @tE
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t LAW OFFICES OF
JACKSON, TUFTS, COLE 8 BLACK
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
650 CALIFORNIA STREET
SAN FRANCISCO, CALIFORNIA 94108
SAN JOSE OFFICE
60 SOUTH MARKET STREET
IOTH FLOOR
14081 998-1952 (4151 494-1950
(415) 433-1950 SAN JOSE,CALIFORNIA 95113
TELEX U 9103 722168
FACSIMILE III (415) 392-3494
1990
FIRM RESUME
Our firm was founded by three attorneys in 1963 and has grown to its present size of over 70 attorneys. We believe that we benefit from a unique combination of circumstances that is responsible for our firm's past growth and siiccess and which presents us with significant prospects for the future.
Practicing in the Bay Area offers us the opportunity to work on the most challenging and diverse business matters for clients ranging from start-up companies to established, publicly-traded corporations, with products running the gamut from professional services, banking, cogeneration, leasing and syndications to the most sophisticated high-technology components. We are a mid- size firm, but there are no substantive differences in our experience or practice capability from those of larger firms, thus we compete successfully with the largest firms both in this area and throughout the country. We have been able at the same time to maintain an organization with the close working relationships and attributes associated with a traditional small firm. working environment, we have been able to attract and develop the
top law school graduates as associates and ultimately members of our firm and to offer creative and innovative approaches to our clients' legal problems.
of almost equal size. involved in the fields of general business and corporate law, real estate, taxation, securities, energy and administrative law, estate planning and probate, and the representation of financial institutions. Our litigation group handles primarily complex commercial disputes, and includes broad experience representing both plaintiffs and defendants in matters involving securities, antitrust, trade secrets and intellectual property, real estate, fiduciary duties, financial institutions and creditor problems including loan workout and bankruptcy, employment related matters, and other commercial areas.
With this type of challenging practice and supportive
Our firm is organized into two substantive practice groups Our commercial group is principally
- JACKSON, TUFTS, COLE 8 BLACK
.. .. e .' , Firm Resume
Page 2
- 1990
Since the 1960's we have had an office on the San Francisco peninsula, both to serve existing clients and to participate in the growth of that area. In the late 1970's we relocated that office to San Jose and since that time have concentrated on developing our practice as a San Francisco - San Jose law firm
work extensively in San Jose, many other attorneys divide their time between our two offices.
that works throughout the Bay Area. While over twenty lawyers
To provide the highest quality of legal work to our clients, we have endeavored to build a firm of attorneys, who by virtue of their talents, training and experience, are understanding of the complexities of a particular client's needs, yet understandable in their presentation of legal advice. We believe that the most successful business relationships are founded on respect, trust and friendship, and we strive to promote those qualities with our clients and within our firm.
We believe that the best and least expensive legal work is performed by experienced attorneys, and we emphasize partner involvement and direction in all legal matters we handle. Although our billing rates are about the same as the larger firms in the Bay Area, the total fees we bill on a matter are typically less. We understand that legal fees are a significant cost item in our clients' businesses, and we work to minimize the legal expenses associated with particular transactions or lawsuits.
For example, our litigation attorneys are trained and experienced in alternative dispute resolution methods, including arbitration, mediation and mini-trials. We also have developed an in-house automated litigation support capability to provide a cost-effective means of analyzing and managing information in cases involving a large number of documents. Our clientele includes many well known corporations and financial institutions as well as public and private partnerships and individuals.
of the type of legal matters in which we customarily become involved :
- a temporary employee services provider for whom our representation has included its acquisitions of several businesses, its initial public offering and its current public offering;
- a manufacturer of thin-film magnetic recording heads for computer disk drives for whom we have negotiated and documented several complex venture capital financings;
The following is a representative sample of our clients and
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Firm Resume JACKSON, TUFTS, COLE I BLACK
I 1990
Page 3
- various publically and privately held corporations for which we handle the defense of wrongful discharge and other employment related claims in Federal and state court;
- a major bank in connection with certain of its commercial lending activities. We also represent its venture capital
affiliate in negotiating, structuring, and documenting private placements in which the Bank is the investor;
- a surface transportation leasing company in connection with its equipment leasing syndications;
- a real estate loan division of a major bank for whom our representation has included the negotiation and documentation of acquisition, construction and project financing for the development of multi-building office complexes, health care facilities, and industrial parks;
- a publicly-traded equipment leasing company in connection
with a major equipment portfolio acquisition;
- a publicly-traded developer and operator of cogeneration and small power production facilities in connection with the investigation, acquisition, and/or development of several cogeneration projects;
- a computer disk drive manufacturer as its general counsel handling the negotiation and documentation of its initial and subsequent rounds of venture capital financings;
- a regional commuter airline for whom we handle a variety of general business and litigation matters, including the structuring and documentation of debt and equity financings;
- fifteen of the former officers and directors of a
financial institution in conjunction with a series of lawsuits raising securities and breach of fiduciary duty issues arising out of that institution's financial failure;
- Santa Clara County, the County Executive and the Director
of Finance in litigation raising constitutional and fiscal issues concerning the methods and financing of the reconstruction of the county's entire correctional system - - the fifth largest in the country;
- a major brokerage firm and certain of its employees in a complex litigation and lengthy trial involving 19 plaintiffs and numerous other defendants. The lawsuit arose from a variety of limited partnership interests purchased by the
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' Firm Resume JACKSON, TUFTS, COLE 8 BLACK .. 1990
Page 4
individual plaintiffs, many of whom were also customers of
the brokerage firm. Plaintiffs seek to shift responsibility for the loss suffered on the limited partnerships to the
brokerage firm;
- a publicly traded company engaged internationally in the
manufacture and sale of hair care products, cosmetic
accessories and sunglasses, in a federal antitrust action brought by a wholesaler/jobber in competition with the company for direct sales to retail drugstores;
- a Bank and its Holding Company, for whom we have acted as general counsel providing legal representation in connection with the public and private placement of its securities, Board of Directors issues, branching activities and other regulatory matters, compliance with federal and state securities laws, and loan documentation and workouts. We have also represented the Bank in a number of major litigations;
- a federal savings and loan association in connection with: litigation involving issues of lender liability; collection actions involving personal and real property collateral; bankruptcy proceedings; borrower litigation and loan workouts involving commercial, agricultural, construction and real estate loans; judicial and non- judicial foreclosure proceedings; audit and analysis of association's litigation and commercial loan portfolios; litigation against former management; wrongful termination litigation; litigation involving depositor disputes;
litigation with association's insurers; regulatory matters; and consultation with REO asset managers;
- a real estate developer who has developed several million
square feet of commercial, retail, and light industrial space and for whom we have handled all legal aspects of development including the land assemblage, financing,
construction, leasing, and project management;
- a general contractor who has built residential,
commercial highrise, and industrial projects and for whom we have done contract documentation, claims resolutions, and
litigation;
- a large commercial real estate brokerage firm in advising the company and its agents on questions of agency, commissions, and disclosure liability;
-
associations regarding director liability, lien enforcement
planned development and condominium homeowners
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JACKSON, TUFTS, COLE 8 BLACK
v -. -. * : Firm Resume
Page 5 8 1990
and foreclosures, and compliance with regulations of the Department of Real Estate;
- a title insurance company for whom we litigate disputed claims and cases arising out of escrow services.
Of course, this is only a partial list of matters and
clients representative of our practice. We hope that all of this information will give you a better understanding of the nature of our firm and its practice.
OFFICE\RESUME\006
w JACKSON. TUFTS COLE 6 BLACK v -.
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MEMBERS OF FIRM
PARTNERS
BARTLETT A. JACKSON
Born 4/4/33, St. Paul, Minnesota
B.A., Marquette University, 1955
M.I.M., University of the Philippines, 1957
J.D., with distinction, The University of Michigan, 1960;
(Litigation)
Order of the Coif; Member, Board of Editors, Michigan Law Review, 1959-1960
ROBERT R. TUFTS
Born 3/13/34, New York, New York B.A., New York University, 1955; Phi Beta Kappa LL.B., Harvard University, 1958 Chairman, San Francisco Bay Conservation and Development
(Corporate law) Commission, 1984-present
GEORGE H. COLE, JR.
Born 1/26/42, Greensburg, Pennsylvania B.A., Principia College, 1963 J.D., Dickinson School of Law, 1966 Member, Executive Committee, Taxation Section; State Bar of
California, 1982-present
(Real Estate)
J. DAVID BLACK
Born 2/28/41, Cleveland, Ohio A.B., Princeton University, 1963 M.A., -Rice University, 1965
J.D., M.B.A., Stanford Law School, 1969 Member, Board of Editors, Stanford Law Review, 1968-1969 (Litigation)
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TEMPLETON C. PECK
Born 5/4/42, New York, New York
B.A., Stanford University, 1964 LL.B., Columbia University, 1967 Law Clerk to the Hon. Byrl R. Salsman,
(Corporate law)
California Court of Appeal, 1967-1968
CHARLES G. STEPHENSON
Born 5/18/35, San Francisco, California B.A., University of California, Berkeley, 1957 LL.B., Stanford Law School, 1963 Member, Executive Committee, Taxation Section, State Bar of
(Estate Planning and Probate law) California, 1975-1977, 1978-1981
JOHN S. SIAMAS
Born 11/29/44, Columbus, Ohio B.A., University of California, Santa Barbara, 1966 M.B.A., University of California, Los Angeles, 1967 J.D., Boalt Hall School of Law, University of California,
(Litigation) 1970
DAVID T. ALEXANDER
Born 9/5/46, Chicago, Illinois B.A., University of Michigan, 1968 J.D., University of Michigan, 1971 Trial Attorney, U.S. Department of Justice, Antitrust
(Litigation)
Division, 1971-1972
AUBAN ANN EISENHARDT
Born 4/27/46, Fort Worth, Texas
B.A., with distinction, University of Munich, Germany and
J.D., Boalt Hall School of Law, University of California,
(Corporate law and Banking)
University of California, Berkeley, 1969
1972; Order of the Coif; Note and Comment Editor, California Law Review, 1971-1972
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0 @AcKsm. TUFTS COLE a BLACK
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CARL J. STONEY, JR.
Born 1/30/46, Glendale, California
B.S., University of California, Berkeley, 1967, Phi Beta Kappa, Beta Gamma Sigma J.D., Boalt Hall School of Law, University of California,
1970 M.B.A., University of California, Berkeley, 1971 Member, Executive Committee, Taxation Section; State Bar of
Co-editor, The Leasing Letter, 1983-present
(Tax)
California, 1980-1983
KENNETH J. PHILPOT
Born 5/18/48, Birmingham, Alabama A.B., with great distinction, Stanford University, 1970; Phi Beta Kappa J.D., Stanford Law School, 1973, Editor, 1971-1972 and Senior Note Editor, 1972-1973, Stanford Law Review Law Clerk to the Hon. Frank M. Johnson, Jr., U.S. District Court, Middle District of Alabama, 1973-1974 (Litigation)
ALLAN J. THOMPSON
Born 10/21/43, San Diego, California A.B., University of California, Berkeley, 1969 J.D., Boalt Hall School of Law, University of California,
(Administrative and Energy law) 1972
MICHAEL J. BARER
Born 4/14/47, Lexington, Kentucky A.B., cum laude, Harvard University, 1969 J.D., Boalt Hall School of Law, University of California,
Chief of the Legal Division and Litigation Director for the
California Fair Political Practices Commission, 1976-1978 (Litigation)
1973
DAVID A. THOMPSON
Born 7/27/48, San Francisco, California A.B., University of California, Berkeley, 1970 J.D., University of California, Hastings College of the Law,
(Real Estate) 1974
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q LAW OP+ICDB OF
JACKSON, TUFTS, COLE 8 BLACK
A PARTNERSRIP INCLUDING PROf'LSBlONAL CORPORATIONS
680 CALIPORHIA STREET SAN JOSE OPICC 80 90UW MAAMT ITRCCT Ion ROOR
SAM JOSE. CALlfQRNIA SIll3
ALLAN J. THOMPBON
DARTNOR SAN FRANCISCO. CALIFORNIA S4'06
I4151 433s 19SO (LOU e9a.i~~ !a41 ~I*.IOIO ThCRX 0 9103 722166
FACSIMILE m (411i) 399-3494
April 19, 1990
Ron Ball, Eisq. city of Carlsbad 1300 Carlsbad Village Drive Carlsbad, CA 92008
~r: San Diego Gas t Electric Company's gotice of Intent
bear Ron :
Thank you for yeur expression of interarst in retaining our firm to assist you in the evaluation of the Notice of Intent
(llNO1") filed by San Diego Ga8 & Electric Company (ltSDG&EfI) with regard to ita proposal to consider Eneina as a poarsible Bite for a combined cycle power plant, I have reviewed the NO1 filed by
SDGLE and believe that a substantial effort requiring legal and consulting ssrrvicas will be t8q~friad to addrosa adequately the isesurs that face your city in the evaluation of this NOI. Although my normal hourly rate is $250, we have tentatively agreed to bill out my time, and the tima of any other partners or associates at this firm who work on this matter, at a rate of
$185 an haur. 1 Contemplate that moat of the time spent on the mattar will be my time, although a detailed breakdown of tha actfvitfea and costa associated with those activities cannot bar made at this time.
I have included with this letter a current Wast guess" 02
NO1 related activities that will require our attention over the next 12 months. I have also attempted te estimate the heurs that: will be opent fer these activities in any given month and by this means have come to an estimate for legal servicee of approximately $150,000. gathering information to be submitted to tho Energy Commission on the inpacts upon the City of Carlsbad associated with power plant construction and operation at the Encina site, it is paaafble that a eubrtantial portion of the legal services will be eligible far rafmbursement by the CEC.
Although the CEC analyde of the potential power plant Bites encompasses energy, safety, and environmental areas, I believe
Since the City of Carlabaa will be
EXHltllf
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Ron Ball, Esq. April 19, 1990 Page 2
th,at the best coursa of action for the City af Carlsrbad is to Cancentrat8 on those areas where the impacts upon the community maby be tho grrateat. For example, I do not b8liova that tima wauld ba wall spent analyzing the varioua enginraring rytstems (ulrctrical, mmchanical, ate.) of the powar plant; eoncentrating instarad on the impacts on tha community ruch a8 viaual, air pollution, noism, land use oanddarationr, impacts upon the Agua Hudionda Lagoon and othrr lacalizad environmental impacts.
If you haw any qusstionr concrrning the rcape of tha aarvicar proposed abava, pleas& de net hasftab to call ma. look farward te werkhg with you.
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Enclosures 2\YPDATA\OFP 1 CEWI IC\LT 122.AJT
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Approximate Tasks - April 1996 Define scape of 25 Hours work; prepare case
eutline: meet with city officials regarding strategy; pre lirninary discussions with CEC Staff regarding areas of interest;
May 1990 Prepare data 100 hours requests: confer with environmental consultantis, if any; meetings with CEC Staff seeking caoperation in areas of inquiry; interview expert witnesses ;
June 1990 Analyze data 100 Houri
requests/ responses; review
SDGbiE documents and filings; prepare second round data requests;
July 1990 Submit srcond 100 Hwrs round data requests; analyze data responses; prepare and argue case for relevance of data requests that 8W&E refuses to answer;
Auguelt 1990 Attand workshops SO Houks with CEC Staff and SDGCE and Carlsbad
experts in efforts to resolve issues; meet with
m
environmental consultants and expert witnesses;
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September 1990 Attend vorkshopcr 35 Hours with CEC Staff and
8DG6E and Carlsbad experts in efforts to rerolve issues; meet with environmental consultants and expert witnesses; prepare strategy following workshops;
October 1990 Attend workshops 25 Hours with CEC Staff and SDGLE and Carlsbad experts in efforts to resolve issues; meet with environmental consultants and expert witnesses; negotiations with CEC stall regarding City issues ;
November 1990 Preparm tostimony 100 Hours and prepare expert witnesses; attend evidentiary hearings at CEC; prepare presentation of case;
December 1990 Prepare testimony 100 Hours and prepare expert witnesses; attend evidentiary hearings at CEC; prepare presentation of case;
4. $s HOUS *. @ Konitor hearings and participate in hearings on relevant Carlsbad issues; prepare comments ta Presiding Members' Report and CEC Draft Decision;
1 :. Irzanuary 1991
February 199 1 Monitor hearings 50 Houra and participate in hearings on relevant Carlabad issues; prepare coments to Presiding Members' Report and CEC Draft Decision;
March 1991 Parform closing 50 Hours work with respect to CEC becision; attend hearings regarding Final Decision; evaluate CEC Decision and report on results and options available to City;
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CITY OF CHULA VISTA
OFFICE OF THE CITY CLERK
May 25, 1990
City of Carlsbad
Office of the City Clerk
1200 Elm Avenue
Carisbad, California 92228
Attached is a copy of resolution 15623 which was passed by the Chula Vista City Council on April 26, 1990.
Should you have any questions, please call the City Clerk's Office.
Sincerely,
BEVERLY A. AUTHELET, CITY CLERK -<<\ QLdL ,L\ \Lbqb I "; b Deputy City Clerk
attach.
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041
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RESOLUTION NO. 15623
RESOLUTION OF COOPERATION BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF CARLSBAD AGREEING TO SHARE CERTAIN COSTS AND INFORMATION IN PROCEEDINGS NOW PENDING BEFORE THE CALIFORNIA ENERGY COMMISSION (89-101-1)
The City Council of the City of Chula Vista does hereby resolve as
WHEREAS, on December 27, 1989, SDG&E filed its notice of intention to file an application for certification of a combined-cycle electric generating facility at five various locations (89-NOI-1) , and
WHEREAS, the California Energy Commission deterinined that the application by SDG&E was complete on March 28, 1990, and
WHEREAS, two of the proposed sites are within the California coastal zone and within the Cities of Chula Vista and Carlsbad, and
WHEREAS, it is to the cities mutual benefit and Common interest to share information, data, experts and resources wherever possible in order to reduce costs, and
WHEREAS, the sharing of consultants and other technical experts will achieve the results of lowering the total cost to each city in these proceedings, and
WHEREAS, the City of Carlsbad has adopted or will adopt a similar resol ution of cooperati on.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, California as follows:
1. That the above recitations are true and correct.
2. That the City of Chula Vista will cocperate with the City of Carlsbad
i n shari ng i nformati on, data , experts and other resources , whenever possi bl e
in the above referenced proceedings now pending before the California Energy Commission.
Presented by
foll ows:
Approved as to form by
7
\
\ D. Richard Rudolt Assistant City Attor'Ley /
\ /&' !GAJTA 1-J 'Jj;l, JL2 -4 r~c ..., j
(J/-?
'George Krempl J Deputy City Manager
(.+.
Resolution No. 15623 w w
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chilla Vista, California, this 26th day of April, 1990 by the following vote:
AYES : Councilmembers: Malcolm, McCandliss, Moore, Nader, Cox
NOES : Counci lmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
0 LdW* F. c,
Gregfry ?)l. Cox, Mayor
ATTEST:
STATE OF CALIFORNIA )
CITY OF CHULA VISTA I COUNTY OF SAN DIEGO ) ss.
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15623 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 26th day of
April, 1990.
Executed this 26th day of April, 1990.
L- -&d
I
L.49 Beverlyp. Authelet, City Llerk
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