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HomeMy WebLinkAbout2011-12-06; City Council; 20751 ATTACHMENTS 1; AGUA HEDIONDA SEWER LIFT STATIONTABLE OF CONTENTS AB#j dated November 8, 2011 1, City Council Ordinance No. underline exhibit 2. City Council Ordinance No. exhibit 3, City Council Resolution No. response to comment letters. 4. City Council Resolution No. (PDP 00-02{C} including strike-out/ (SP 144(1)) including strike-out/underiine (MND/MMRP) including comment and .(HDP 10-05 and HMP 10-03) (MND/MMRP) (RP 10-26) 5. Housing and Redevelopment Commission Resolution No. 6. Housing and Redevelopment Commission Resolution No. 7. Location Map 8. Planning Commission Staff Report, attachments No. 12 & 13 and excerpt of meeting minutes, dated February 2, 2011. 9. City Council and Housing and Redevelopment Commission Joint Special Meeting Agenda Bill, excerpt of meeting minutes, Ordinance Nos. CS-121 and CS-122 and Resolution Nos. 2011-040, 2011-041,496 and 497, dated March 8, 2011. 10. City Council and Housing and Redevelopment Commission Joint Special Meeting Agenda Bill, excerpt of meeting minutes and Resolution Nos. 2011-080 and 501, dated April 26, 2011. 11. E*mail correspondence between the City of Carlsbad staff and NRG staff, 12. Planning Commission Staff Report and excerpt of meeting minutes, dated October 5, 2011, 13. Planning Commission Resolutions No. 6816 (MND/MMRP), 6817, (PDP 00-02 (Q), 6818 (SP 144(1)), 6819 (RP 10-26), 6820 (CDP 10-17), 6821 (HDP 10-05), 6822 (SUP 10-02} and 6823 (HMP 10-03), dated October St 2011. CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION AGENDA BILL AB# MTG. DEPT.CED AGUA HEDIONDA SEWER LIFT. STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT POP 00-02(C)/SP 144(L)/RP 10-267 HDP 10-05/HMP 10-03 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER \v— RECOMMENDED ACTION: 1. That the City Council hold a public hearing and: a. INTRODUCE Ordinance Nos. and , APPROVING Precise Development Plan Amendment POP 00-02(C) and Specific Plan Amendment 144(L); b. ADOPT City Council Resolution No. , ADOPTING the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and c. ADOPT City Council Resolution No. , APPROVING Hillside Development Permit HDP 10-05 and Habitat Management Plan Permit HMP 10-03. 2. That the Housing and Redevelopment Commission hold a public hearing and: a. ADOPT Housing and Redevelopment Commission Resolution No. , ADOPTING the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and b. ADOPT Housing and Redevelopment Commission Resolution No. , APPROVING Redevelopment Permit RP 10-26. ITEM EXPLANATION: On February 2, 2011, the Planning Commission voted 6-0 (Schumacher absent) to recommend and approve the Agua Hedionda Sewer Lift Station, Force Main, and Gravity Sewer Replacement project as summarized in the table below and as described more fully in Exhibit 8. On March 8, 2011, the City Council and Housing and Redevelopment Commission held a public hearing to consider approval of the project and the adoption of the MND and MMRP (Exhibit 9). At that meeting, the Planning Director requested a continuance of the project to give staff time to respond in writing to a letter to the City Council from Mr. Ronald W. Rouse, special counsel to NRG Energy, Inc., dated March 7, 2011 (Exhibit 3). Council Member Douglas requested staff to return with all correspondence in regard to the Agua Hedionda sewer lift station between City of Carlsbad staff and NRG staff (Exhibit 11). The matter was then continued for deliberations by the City Council and Housing and Redevelopment Commission to its meeting of Tuesday, April 26, 2011. The public hearing was left open to allow new information and testimony to be received between the March 8, 2011 City Council and Housing and Redevelopment Commission meeting and the continued meeting. DEPARTMENT CONTACT: Pam Drew 760-602-4644 pam.drew(5)carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES nnnn Page 2 On April 26, 2011, the City Council and Housing and Redevelopment Commission resumed the public hearing to consider staff's response to previous testimony, and to receive and consider additional testimony (Attachment 10). At staff's request the City Council and Housing and Redevelopment Commission remanded the project to the Planning Director to complete further environmental analysis and to re-circulate the revised MND/MMRP if warranted. Since that time, staff has completed further environmental analysis and included clarifying information in the following categories: 1) Air Quality, 2) Greenhouse Gas Emissions, 3) Noise, and 4) Mandatory Findings of Significance. Additional mitigation measures were added and the MND/MMRP document was re-circulated for a 30-day public review period. The Planning Director rescheduled the application for the October 5, 2011 Planning Commission meeting for a new hearing and a recommendation to the City Council and Housing and Redevelopment Commission. At that meeting, the following two speakers provided public testimony: 1) Ivan Mendelson, general manager of Toyota Carlsbad, had a concern regarding any proposed road closure on Avenida Encinas during construction; and 2) George Piantka, Environmental Business Director for NRG, speaking on behalf of Cabrillo Power, LLC. Mr. Piantka expressed five concerns about the project. Staff's responses to both speakers are provided in the minutes to the October 5, 2011 Planning Commission meeting (Exhibit 12). At that meeting the Planning Commission voted 7-0 to recommend and approve the project as shown below. Project Applications Mitigated Negative Declaration Mitigation Monitoring and Reporting Program Precise Development Plan POP 00-02(C) Specific Plan SP 144(L) Redevelopment Permit RP 10-26 Hillside Development Permit HDP 10-05 Habitat Management Plan Permit HMP 10-03 Coastal Development Permit CDP 10-17 Special Use Permit (Floodplain) SUP 10- 02 Planning Commission Action Recommend Adoption Recommend Approval Approve* To be reviewed - final at City Council X X X X X X X X To be reviewed- final at Housing and Redevelopment Commission X X X *Subject to the City Council and Housing and Redevelopment Commission approving the remaining actions The proposed project has not changed since the additional environmental review. The proposed project involves the installation of 12,380 linear feet of sewer pipeline improvements on the Vista/Carlsbad Sewer Interceptor System, a mostly underground, sensitively designed sewer lift station (50 mgd capacity), and a modern, attractive sewer support bridge (140-foot weathered steel span). Improvements also include the replacement of 3-inch potable water line with a proposed 6- inch potable water line for fire flow and utility uses at the sewer lift station. A 12- inch recycled water line will be extended northerly from Cannon Road to the lagoon bridge that may be extended in the future to serve recycled water to the village area. The proposed sewer improvements are part of a regional sewage collection program which receives sewage flow from the cities of Carlsbad and Vista and are jointly owned by the City of Vista and the City of Carlsbad, and are maintained by the City of Carlsbad. The Agua Hedionda Sewer Lift Station is maintained and operated by the Encina Wastewater Authority (EWA) by agreement with the cities. The subject sewer improvements extend from the north side of the Agua Hedionda Page 3 Lagoon to the regional Encina Wastewater Pollution Control Facility (EWPCF). The new line will be located primarily within and along the San Diego Northern Railroad (SDNR) right-of-way. The proposed improvements are necessary as a replacement for, or are in addition to, the existing sewer line and lift station, which are under-sized, outdated and in some areas nearing the end of their useful life. These existing facilities, which will either be demolished or kept if in good repair and needed to provide additional capacity, do not have sufficient capacity to convey future projected build-out wastewater flows of the urbanized service area. The proposed project is designed of a size adequate to convey the future anticipated build-out demand of the service area. FISCAL IMPACT: Funding for the project has been appropriated in the Fiscal Year 2011-2012 Capital Improvement Program from fees collected in the Sewer Connection Fund. The total appropriation to date is $46,230,000 as shown in Table 1 below and is sufficient to cover all project costs as currently estimated. Table 1 PROJECT COST SUMMARY FOR THE AGUA HEDIONDA SEWER LIFT STATION AND V/C,, INTERCEPTOR SEWER REPLACEMENT P^OJECT, &EACHES VCiiPf V£l%U ^ r'vf.'» (CIP PROJECT NOS. 3492, 3886, AND 3949) "5^-t;tf /-;? Manhole Rehabilitation Contract (Completed - Actual Costs) Studies, Environmental Compliance and Design Activities (As of 9/30/2011) Remaining Environmental, Permitting and Design Services (Estimated) City Project Management and Miscellaneous Costs (Estimated) Subtotal of Costs (Through Design) Estimated Construction Phase Costs TOTAL ESTIMATED PROJECT COST TOTAL APPROPRIATIONS TO DATE ADDITIONAL APPROPRIATION REQUIRED $344,900 $3,491,660 $700,000 $80,000 $4,536,560 $41 ,600,000 $46,136,560 $46,230,000 $0 Sufficient funds are currently available for the completion of the project; however, certain costs related to easement acquisition and the relocation of SDG&E utilities remains undefined at this time. All project related costs will be shared between the City of Carlsbad and the City of Vista as described within an existing 2002 ownership agreement and October 2011 project agreement between the two cities. The total project cost share between the two cities is approximately 65% for Vista and 35% for Carlsbad; however, the actual cost share varies with each reach of the sewer. Of the total amount appropriated, the project budget for planning and design phase services is $4,000,000. As agreed upon in the Project Agreement, Vista has made an initial payment to Carlsbad in the amount of $2,366,060 for work already performed. In addition, the Community Projects Director of Vista has received approval to budget an additional $3,169,350 for design phase services. Funding Status Total 64.6% Vista Share 35-4% Carlsbad Share Total Project Budget: 3492, 3886, 3949 $ 46,230,000 $ 29,851,930 $ 16,378,070 Expenditures to 11/15/2011 Payments Received from Vista Current amount owed from Vista $ 3,844,891 $ 2,482,748 1,362,143 (2,366,060) 116,688 Page 4 Staff will invoice the City of Vista upon Council approval of the project agreement. Subsequent to the initial payment, Carlsbad will invoice Vista quarterly for their share of on-going expenses through the completion of the planning and design phase. The City of Vista will be seeking State Revolving Funds to pay for their portion of the remainder of project. Carlsbad's share of the project is funded from the Sewer Connection Fee Fund. ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MND/MMRP) were prepared and first sent to the State Clearinghouse (SCH #2010081053) for a 30-day public review period on August 15, 2010. Since then, staff completed additional analysis of the MND/MMRP. As a result, additional mitigation measures were added or amended from the previously circulated EIA Part 2 document and incorporated into the Conditions of Approval in order to reduce identified environmental impacts to a level of insignificance. According to CEQA Section 15073.5(b)(1), if "a new, avoidable significant effect is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificance," then the document must be re-circulated. Therefore, the Planning Director issued a Notice of Intent to adopt a Mitigated Negative Declaration for the project on July 23, 2011 and sent it to the newspapers, County of San Diego, and the State Clearinghouse for a 30-day public review and comment period (July 23, 2011 - August 22, 2011). Three comment letters were received and are included, along with staff's responses, as part of Planning Commission Resolution No. 6816, recommending adoption of MND/MMRP. EXHIBITS: 1. City Council Ordinance No. (POP 00-02(C)) 2. City Council Ordinance No. (SP 144(L)) 3. City Council Resolution No. (MND/MMRP) including comment and response to comment letters 4. City Council Resolution No. (HDP 10-05 & HMP 10-03) 5. Housing and Redevelopment Commission Resolution No. (MND/MMRP) 6. Housing and Redevelopment Commission Resolution No. (RP 10-26) 7. Location Map 8. Planning Commission Staff Report and meeting minutes, dated February 2, 2011 9. City Council and Housing and Redevelopment Commission Joint Special Meeting Agenda Bill, excerpt of meeting minutes, Ordinances No. CS-121 & CS-122 and Resolutions No. 2011- 040, 2011-041, 496 and 497, dated March 8, 2011 10. City Council and Housing and Redevelopment Commission Joint Special Meeting Agenda Bill, meeting minutes and Resolutions No. 2011-080 & 501, dated April 26, 2011 11. E-mail correspondence between the City of Carlsbad staff and NRG staff 12. Planning Commission Staff Report and meeting minutes, dated October 5, 2011 13. Planning Commission Resolutions No. 6816 (MND/MMRP), 6817 (PDP 00-02 (C)) strike- out/underline exhibit, 6818 (SP 144(L)), strike-out/underline exhibit, 6819 (RP 10-26), 6820 (CDP 10-17), 6821 (HDP 10-05), 6822 (SUP 10-02) and 6823 (HMP 10-03), dated October 5, 2011. CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND ") 4 REDEVELOPMENT COMMISSION AGENDA BILL AB# MTG. DEPT. 20.478 3/8/11 CED AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT-POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 DEPT. DIRECTOR ^ CITY ATTORNEY CITY MANAGER \ RECOMMENDED ACTION; • 1. That the City Council hold a public hearing and: a. INTRODUCE Ordinance Nos. CS-121 and GS-122 APPROVING Precise Development Plan Amendment POP 00-02(C) and Specific Plan Amendment 144(L); and b. ADOPT City Council Resolution No. 2011-040 ADOPTING the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT City Council Resolution No. 2011-041 . APPROVING Hillside Development Permit HDP 10-05 and Habitat Management Plan Permit HMP 10-03. 2. That the Housing and Redevelopment Commission ADOPT Housing and Redevelopment Commission Resolution No. 496 ADOPTING the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT Housing and Redevelopment Commission. Resolution No. 497 APPROVING Redevelopment Permit RP 10-26. " ITEM EXPLANATION: On February 2, 2011, the Planning Commission held a public hearing for the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project. The Planning Commission voted 6-0 (Schumacher absent) to recommend and approve the project as follows: Project Applications Mitigated Negative Declaration Mitigation Monitoring and Reporting Program Precise Development Plan POP 00-02(C) Specific Plan Sf? 144(L) Redevelopment Permit RP 10-26 Hillside Development Permit HDP 10-05 Habitat Management Plan Permit HMP 10^ 03 Coastal Development Permit CDP 10-17 Special Use Permit (Floodplain) SUP 10-02 Planning Commission Action Recommend Adoption Recommend Approval Approve* To be reviewed -final at City • Council \ X . X X X X X X X To be reviewed- final at Housing and Redevelopment Commission X X X •Subject to the City Council and Housing and Redevelopment Commission approving the remaining actions The proposed project involves the installation of a north-south direction pipeline improvements on the Vista/Carlsbad Sewer Interceptor System, a mostly underground, sensitively designed sewer lift station (50 mgd capacity), and a modem, attractive sewer support bridge (140-foot weathered steel span). DEPARTMENT CONTACT: Pam Drew 760-602-4644 pam.drew@.carlsbadca.aov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES Reference: AB 20,532 Xvk/*(n D P Page 2 Improvements also include a proposed 6-inch potable water line and a 12- inch recycled water line. The proposed sewer improvements are part of a regional sewage collection program which receives sewage flow from the cities of Carlsbad and Vista and are jointly owned by the City of Vista and the City of Carlsbad, and are maintained by the City of Carlsbad. The Agua Hedionda Sewer Lift Station is maintained and'operated by the Encina Wastewater Authority (EWA) by agreement with the cities. The subject sewer improvements extend from the north side of the Agua Hedionda Lagoon to the regional Encina Wastewater Pollution Control Facility (EWPCF). The new line will be located primarily within and along the San Diego Northern Railroad (SDNR) right-of-way and Avenida Encinas right-of-way to the west of the I-5 freeway. The proposed sewer support bridge would also provide the lagoon crossing for the Coastal Rail Trail, a separate, future project in this area. The proposed improvements are necessary as a replacement.for or are in addition to the existing sewer line and lift station, which are under-sized, outdated and in some areas nearing the end of their useful life. These existing facilities, which will either be demolished or kept if in good repair and needed to provide additional capacity, do not have sufficient capacity to .convey future projected build-out wastewatef flows of the urbanized service area. The proposed project is designed of a size adequate to convey the future anticipated build-out demand of the service area. FISCAL IMPACT; Funding for the project has been appropriated in the Fiscal Year 2010-2011 Capital Improvement Program from fees collected in the Sewer Connection Fund. The total appropriation to date is $39,930,000 as shown in Table 1 below and is sufficient to cover all project costs as currently estimated. Table 1 Manhole Rehabilitation Contract (Completed - Actual Costs)$344,900 Studies, Environmental Compliance and Design Activities (As of 12/31/2010)$3,325,800 Amendment No. 3 to Brown and Caldwell Agreement $491,067 City Project Management and Miscellaneous Costs (Estimated)$80,000 Subtotal of Costs (Through Design)$4,241,767 Estimated Construction Phase Costs $35,600,000 TOTAL ESTIMATED PROJECT COST $39,841,767 TOTAL APPROPRIATIONS TO DATE $39,930,000 ADDITIONAL APPROPRIATION REQUIRED Sufficient funds are currently available for the completion of the project; however, certain costs related to easement acquisition and the relocation of SDGE utilities remains undefined at this time. All project related costs will be shared between the City of Carlsbad and the City of Vista as described within an existing ownership agreement between the two cities for operation and maintenance of the Vista / Carlsbad sewer system. A project specific agreement is currently being prepared to define administrative procedures and the payment schedule for the construction phase of the project. It is anticipated that the project agreement will be complete prior to April 1st of this year. Once the project agreement is executed, Carlsbad will invoice Vista for their portion, of the project expenditures to date as shown in Table 2 below. Currently, Vista has not made any payments toward the project expenditures. Once the project'enters the construction phase! Vista will be invoiced monthly for their share of the construction costs. The total project cost share between the two cities is approximately 65% Vista and 35% Carlsbad; however, the actual cost share varies with each reach of the sewer. Carlsbad's share of the project is funded from the Sewer Connection Fee Fund. The City of Vista will be issuing bonds or using State Revolving Funds to pay for their portion of the project. Page3 Table 2 Expenditures to Date (12/31/10)$3,670,708 $1,325.126 $2,345,582 Brown & Caldwell Amendment No. 3 $491,067 $177,275 $313,792 Total $4,161,775 $1,502,401 $2,659,374 Amount Paid by Vista to Date $0 Amount Due Carlsbad $2,659,374 ENVIRONMENTAL IMPACT: Staff conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The assessment determined the project has potentially significant impacts in the areas of air quality, biological resources, cultural resources, geology/soils, hazards/hazardous materials, land use, transportation/circulation, and mandatory findings of significance. To reduce these potentially significant impacts to a less than significant level, mitigation measures contained in the project's Mitigation Monitoring and Reporting Program (MMRP), are required. Based on the above, the Planning Director issued a Notice of Intent to adopt a MND for the project on August 13, 2010 and sent it to the newspapers, County of San Diego, and the State Clearinghouse for a 30-day public review (August 17, 2010 - September 16, 2010). One comment letter was received during the 30-day public review from Preserve Calavera. The Mitigated Negative Declaration (MND) and MMRP, comment letter, and staffs response to the letter, are included as part of the Planning Commission Resolution No. 6753 for the MND. EXHIBITS: 1. 2. 3. 4. 5. 6. 7. 8. 9. City Council Ordinance No. CS-121 City Council Ordinance No. CS-122 City Council Resolution i\io. 2011-040 City Council Resolution No. 2011-041 Housing and Redevelopment Commission Resolution No.. Housing and Redevelopment Commission Resolution No. Location Map 496 4Q7 Planning Commission Resolutions No. 6753,. 6754,6755, 6756, 6757, 6758, 6759 and 6760 Planning Commission Staff Report, dated February 2, 2011 10. Draft Planning Commission Minutes, dated February 2, 2011. MINUTES JOINT MEETING OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: THE CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION (Joint Special Meeting) March 8,2011 6:00 p.m. City Council Chambers CALL TO ORDER: Mayor/Chair Hall called the Joint Special Meeting to order at 7:11 p.m. ROLL CALL: was taken by the Deputy Clerk/Secretary as follows: Present: Council/Commission Members Hall, Kulchin, Blackburn, Douglas, Packard. Absent: None. CONSENT CALENDAR: ACTION: AYES: NOES: On a motion by Mayor Pro Tern/Vice Chair Kulchin, the Council/Commission affirmed the action of the Consent Calendar, Item No. 13 follows: Hall, Kulchin, Biackbum, Douglas and Packard. None. ABSENT; None. WAIVER OF ORDINANCE TEXT READING: The Council/Commission waived the reading of the text of all Ordinances this Meeting. / Resolutions at 13.AB #20.480 -TRANSFER OF REAL PROPERTY AND OTHERftEDEVELOPMENT AGENCY ASSETS TO THE CITY. The Citv Couricil adopted RESOLUTION NO. 2011-042 and the Housing and Redevelopment Commission adopted RESOLUTION NO. 498. approving certain actions related tothe transfer of real property and other assets of the Redevelopment Agency to the City tprneet existing obligations set forth in the cooperation and other agreements between the^ency and the City. March 8,2011 JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND Page 2 HOUSING AND REDEVELOPMENTCOMMISSION 14. AB #20.478 - AGUA HEDIONDA SEWER LIFT STATION. City Attorney Ron Bali referenced a letter the City Council/Commission received from Luce, Forward Attorneys at Law on March 7, 2011, regarding the mitigated negative declaration. He recommended that the Council/Commission continue the hearing on this matter for the limited purpose of addressing any unanswerable questions from the March 7th letter into the record in written form. Mr. Ball added that a question arose on whether the Planning Commission hearing was properly noticed to the properly owner, NRG. He further explained that over 700 notices were mailed, and it was discovered that no address for NRG was shown on the latest equalized assessment rolls provided by the San Diego County Tax Assessor. Mr. Ball stated that NRG was added to the noticing list and will receive any future notices. Associate Planner Pam Drew, and Senior Civil Engineer Terry Smith presented the staff report and PowerPoint presentation (on file in the office of the City Clerk). In response to an inquiry from Council/Commission Member Douglas, Ms. Drew said the only way to access the existing sewer lift station is via the Encina Power Plant property. She added that a new pipe support bridge would provide an additional access to the sewer lift station through a gate at Chinquapin Avenue. Mayor/Chairman Hall opened the duly noticed Public Hearing at 7:24 p.m. Diane Nygard, representing Preserve Calavera, came forward to address the Council/Commission. Ms, Nygard suggested combining several small mitigation areas into a larger mitigation area. She added that instead of adding a second access to the facility, it would cost less to build just the pipe support system. Ron Rouse, from Luce, Forward Attorneys at Law representing, NRG Energy Inc. and Cabrillo Power, came forward to address the Council/Commission. Mr. Rouse explained that Cabrillo Power is the owner/operator of the property and NRG is the proponent of the Carlsbad Energy Center Project. Mr. Rouse addressed his March 7, 2011 letter adding that the property owner was not noticed, nor granted sufficient notification to comment on the project's mitigated negative declaration. Mr. Rouse added that the City and property owner have had a multi-year engagement regarding disparate views on the Carlsbad Energy Center property. Mr. Rouse stated the mitigated negative declaration is void of analyses regarding the impact of the City's project in connection with the Carlsbad Energy Center Project. He asked to make additional comments when the item is again before the Council/Commission, three days notice to analyze any additional supplemental materials for the proceeding, and an abeyance of a Council/Commission decision. In response to an inquiry from Council/Commission Member Packard, Mr. Ball confirmed that the City's Lift Station Project and Carlsbad Energy Center Project are in conflict with each other. He added that the City followed the law in noticing the mitigated negative declaration. March 8, 2011 JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND Page 3 HOUSING AND REOEVELOPMENTCOMMISSION In response to an inquiry from Mayor Pro Jem/Vice Chair Kulchin, Ms. Drew explained that the public hearing noticing labels produced with property tax information/mailing addresses from the County of San Diego only provided a parcel number for NRG not a mailing address. Ms. Drew said the correct mailing address for NRG was added to the noticing list. City Attorney Ball told the Council/Commission that two proceedings were occurring simultaneously. One proceeding concerned the California Energy Commission's determination of the Carlsbad Energy Center. This project is not under the City's jurisdiction. The second proceeding was the City Council/Housing and Redevelopment Commission's determination of the Agua Hedionda Sewer Lift Station and Forcemain Project. This project is under the jurisdiction of the City. Mr. Ball reviewed the noticing requirement followed by staff and added that even though NRG stated it was not noticed on the Planning Commission public hearing, the company had not shown any prejudice as to what could have happened had it been notified of the Planning Commission hearing. Mr. Ball advised that staff would review and inform the Council/Commission if the scope of the City's project and whether fits within the scope of the easement previously dedicated by NRG to the City and Water Agency. Senior Civil Engineer Terry Smith stated that since 2005, City staff had been in contact with representatives of NRG, the property owner. Mr. Smith reported that after several meetings with NRG, their advice regarding the lift station project siting, was to stay as far north as possible, away from their potential project expansion. Mr. Smith said the design that was 30% developed in 2008 has not substantially changed. He explained that from 2008 to present, staff has received very little comment or response from NRG regarding communications/questions on the City's project. Mr. Smith added that he received no response from NRG in 2010 when he asked for feedback on needing an additional 12.5 feet of easement. Discussion ensued regarding the size of the various sewer and recycled water lines and the use of new technology. Mayor/Chair Hall asked staff to address the loss of the eucalyptus trees. Ms. Drew responded that plant determination and placement was a decision of the Coastal Commission and the Fish and Wildlife Commission. In response to an inquiry from Mayor Pro Tern/Vice Chair Kulchin, Mr. Smith said that the Encina Wastewater Agency has been included since the beginning on this project. At the request of the City Attorney, City Planner Don Neu referenced the March 7,2011 letter from Luce Forward and stated that additional time was needed to analyze and respond to the points raised in the letter. March 8,2011 JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENTCOMMISSION Page 4 Council/Commission Member Douglas requested that all correspondence between City staff and the property owner be included in any future agenda item package on this project. ACTION: On a motion by Mayor Pro Tern/Vice Chair Kulchin, the Council/Commission approved the continuance of this item to the April 26,2011 Council Meeting; and, on the advice by City Attorney Ball, approved keeping the Public Hearing open. AYES: Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT; None. ADJOURNMENT: By proper motion, the Joint Special Meeting of March 8,2011, was adjourned at 8:15 p.m. fcRY FREJSJNGER Senior Deputy Clerk/Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE ENCINA POWER STATION PRECISE DEVELOPMENT PLAN POP 00-02 TO APPROVE THE SEWER LIFT STATION AND ASSOCIATED PIPING (SLS) PROPOSED AT TH^ENCINA POWER STATION (EPS), 4600 CARLSBAD BOULEVARD, IN U'Jii ^FACILITIES MANAGEMENT ZONES 1 AND 3 AN&GENERALLYm^RTH OF CANNON ROAD, SOUTH OF AGU\ HEDIONDA LA\)ON, EAST OF THE PACIFIC OCEAN, AND VEST OF INTERSTATE 5. CASE NAME: AGUA HEDtoNDA SEW\R LIFT STATION, FORCE M^N, AND \RAVITY SEVfER REPLACEMEN\PROJECT CASE NO.: POP 00-02(C) WHEREAS, the City Council of theXity of Carlsbad, California has reviewed and considered a rlquest J^ apprTJH^an amendmen\Jo the Encina Power Station Precise Development Rial, PDF!00-02, via applicaVbn Precise Development Permit 00-02(C); and , the amendment iaproposed to approve the SLS; and WHtREAS\ changes proposep to the PDP 00-02 makes only minor text and graphic changes tctthe Preotee Development Plan document, which are shown in strikethrough to indicate words to pe deleted\<adinundXline to indicate words to be added; and WHEIlEAS, after procedures in accordance with requirements of law, the City Councils determined that the public interest indicates that said PDP 00-02(C) be approved; and WHER5A\, pursuant to the provisions of the Municipal Code, the Planning Commission did, on February 2, 2011, hold a duly noticed public hearing as prescribed by law to consider Precise Development Plan PDP 00-02(C), and adopted Planning Commission Resolution No. 6754, recommending approval of Precise Development Plan PDP 00-02(C); and WHEREAS, the City Council did on the day of , 2011, hold a dully noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a precise development plan amendment consistent with Chapter 21.36 of the Municipal Code as shown and described in the "Encina Power Station Precise Development Plan PDP 00-02(C)" document, dated December 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 28, 201 Februar and argi relating follows: 2011, on POP 00- the plan , Planning City COL adoptior publishe fifteen d /// III HI III III III III III III III 28, 2010, and attached hereto and made a part here of, and on Exhibits "A" - "Y," dated February 2, 2011, and incorporated herein by reference and on file in the Planning Department. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to liflli. ipi.l^h; City Council considered all factors relating to the Precise Development Plan Amendment.* NOWXHEREFORE, the City \uncil o\he City oflCarlsbad does ordain as SECTION I: That trfe abov^citation\are trueWid corj SECTION II: That frecise DevelOtemen^lan PC* 0/-02(C), dated February 2, 2011, on file in tie Planning Department, and incdtporat^d hereitf by reference, is approved. POP 00-02(C) shBll constitute the d*/elopment plan pr the property and all development within the pjan area shalrconform to the plar SEC\ION III: That the Vidings and Jfconditions of the Planning Commission in Planning Con>mission\Resolution No. 675N^|jaJm>nstitute the findings and conditions of the EFFECrVE D\TE: This ordinance shall be effective thirty days after its adoption, and the City ClerR^haXcertify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a Joint Special Meeting of the Carlsbad City Council and the Housing and Redevelopment Commission on the day of ,2011, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Carlsbad City Council on the day of • 2011 by the following vote to wit: AYES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING SPECIFIC PLAN AMENDMENT 144(L) TO INCORPORATE AMENDED PRECISE DEVELOPMENT PLAN 00-02(C) FOR THE ENCINA POWER STATION, SEWER LIFT STATION AND ASSOCIATED PIPING ON PROPERTY LOCATED NORTH OF CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, EAST OF CARLSBAD BOULEVARD AND WEST OF INTERSTATE 5 AND IN LOCAL FACILITIES MANAGEMENT ZONES 1 AND 3. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAI NT AND GRAVITY SEWER REPLACEMENT CASE NO.: SP1440.) prnia has reviewed and Ifor the Encina Power WHEREAS, the City Council of the City & Carlsbad, considered a request to incorporate Precise Dbvelopmem Station and Sewer LiffcStation into Encina Specif\Plan 144; WHEiEAS, said application conVitutes a \guest/for a Specific Plan Amendment shown in Exhibit "Eticina^necific Plan Vnendment -^^ 144(L) attached hereto and made a part hereof; and WHEREAS, the CiV Council of\e City\>f Carlsbad has reviewed and ^considered Specific PlanYinendmentesP 144(L) for Vn\ Encina Specific Plan; and WHEREAS,\hanges proposed to SP W4 makes only minor text and graphic change^p the Encina Specif Plan doc\nent, whicj/ are shown in strikethrough to indicate words to be\eleted and in underlVe to indicate^wurtls to be added; and JEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public Merest indicates that said SP 144(L) be approved. WHEREAS^ursuant to lie provisions of the Municipal Code, the Planning Commission did, on February 2, 2011, hold a duly noticed public hearing as prescribed by law to consider Specific Plan Amendment SP 144(L), and adopted Planning Commission Resolution No. 6755, recommending approval of Specific Plan Amendment SP 144(L); and WHEREAS, the Cjty Council did on the day of 2011, hold a dully noticed public hearing as prescribed by law to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 * 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Council considered all factors relating to the Specific Plan Amendment. NOW, THEREFORE, the City Coun\l of the City of Carlsbad does ordain as follows: ^February 2, 2011, on (ipproved. SP 144(L) within the plan area SECTION I: That the abqye recitations are SECTION II: That Specific FTtan Amendment' file in the Planning Department, and incorporate^ herein shall constitute the development plan for the properly and all developT /shall confoifi to the plan. SECTION ll\ That the firio\as and conditions of the Planning Commission in Planning tommission Resol\ion No. 6755 sng| constitute ths^fjndings and conditions of the City Coun<|l. EFFECTIVE DATE:\ This ordinanc\ shall be effective thirty days after its m ** Adoption, arifc the City Clerk shall ce\ify to the adoption of this ordinance and cause it to be publisTOiat iVast once in a publication\£ general cii/ulation in the City of Carlsbad within fifteen days afn%ts adoption. III III III III III -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a Joint Special Meeting of the Carlsbad City Council and the Housing and Redevelopment Commission on the. day of , 2011, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Carlsbad City Council on the day of 2011 by the following vote to wit: AYES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO: 2011-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION (MND) AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE CONSTRUCTION OF THE SEWER LIFT STATION (SLS) AND ASSOCIATED PIPING ON THE ENCINA POWER STATION (EPS) AND ADJACENT PROPERTIES GENERALLY LOCATED NORTH OF CANNON ROAD, WEST OF INTERSTATE 5 AND WITHIN THE BOUNDARIES OF THE SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONES 3 AND 22. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAINLAND GRAVITY SEWER REPLACEMENT PRSllECT CASE NO.: HDP 10-05/HMP 10-0; The follows: WHEJTEAS, pi ^Commission did, /n February to insider a MND and MMftP, and of Carlsbad, CaliforniaVjoes hereby resolve as visions oT\,he MunicipalCode, the Planning hold a du\ noticed p\lic hearinges prescribed by law nning Com\ission/tesolution No. 6753, recomme adoption of the lOlND and MM^P; and 1EREAS, the O\ty Council of\he .held a duly n\ticed public day of heard all personf intere^ed in or opp N(\W THEREFORE, Carlsbad, CaliforniaV as follows:1 CityVf Carlsbad, on the aring to consider the recommendation and sed to the MlD and MMRP. JT RESOLVED by the City Council of the City of ;iat the abo« recitations are true and correct. recommendation of the Planning Commission for the adoption of the MND and MMRP are adoptbsLang/hat the findings of the Planning Commission contained in Planning Commission Resolution No76753, on file with the City Clerk and incorporated herein by reference, are the findings of the City Council. 1 PASSED, APPROVED AND ADOPTED at a joint special meeting of the City 2 Council and Housing and Redevelopment Commission of the City of Carlsbad on the 3 day of 2011, by the following vote, to wit: 4 AYES: 5 NOES: 6 ABSENT: 7 8 MATT HALL, Mayor 9 ATTEST: 10 LORRAINE M. WOOD, City Clerk (SEAL)12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2011-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING HILLSIDE DEVELOPMENT PERMIT HDP 10-05 AND HABITAT MANAGEMENT PLAN PERMIT HMP 10-03 FOR THE CONSTRUCTION OF THE SEWER LIFT STATION (SLS) AND ASSOCIATED PIPING ON THE ENCINA POWER STATION (EPS) AND ADJACENT PROPERTIES GENERALLY LOCATED NORTH OF CANNON ROAD, WEST OF INTERSTATE 5 AND WITHIN THE BOUNDARIES OF THE SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONEfrS AND 22. CASE NAME: AGUA HEDIONDA\KWER LIFT STATION, FORCE MAIN, ANl^QBAVITY SEWER REPLACEMENT>ROJEC1 CASE NO.: HDP 10-05/HMP The the City of Cmrlsbad, Calntornia, does heVby resolve as [he Planning fcribed by law Permit HMP recommending follows: WHEJTEAS, pOteuaTN^o the provisior\ of the Mur\ipal Code, Commission did, o/ February a 2011, hoB^duly notic\d public hean\g as pn to consider Hillsicjb Developmen\Permit HDP 10\)5 and Habitat Managertent/lan ted Planning Commission Resolution Nos\6758 and 6f60, approval ofPNJ^fle Development P\rmit HDP 10-05 a\i Habita\Management Plan Permit HMP 10-03, respectivfI x v i City CMJncil of the CitJ of Carlsbad, on the day of _, 201 \ held a d9to noticed wblic hearjrfg to consider the recommendation and heard all persons interested in or\pposed to HDP 10-05 and HMP 10-03. NOW THfeeEFORE\ 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 the recommendation of the Planning Commission for the approval of Hillside Development Permit HDP 10-05 and Habitat Management Plan Permit HMP 10-03 are approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution Nos. 6758 and 6760 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the ^data on which this decision becomes final; however, if within ten days after th^jecision becomes final a request for the record is filed with a deposition amuVll '.Lilliumjjtto cover the estimated cost or preparation of such record, tnW time w\thin whichsHch petition may be filed in court is exterufe'd to not later thanVie thirtieth day following the date on which the record is eijmer personally delivers or m\led to the prty, or his attorney of record, if re has oVe. A written reqYest forvie preparatij proceedjfcs shall n»4ijecl with the <\y Cler\City of Village f/ive, Carls|ad,CV92008. n of the record of the Isbad, 1200 Carlsbad -2- 1 PASSED, APPROVED AND ADOPTED at a joint special meeting of the City 2 Council and Housing and Redevelopment Commission of the City of Carlsbad on the 3 day of 2011, by the following vote, to wit: 4 AYES: 5 NOES: 6 ABSENT: 7 8 MATT HALL, Mayor 9n ATTEST: 10 LORRAINE M. WOOD, City Clerk (SEAL) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- ibrt 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 496 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION (MND) AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE CONSTRUCTION OF THE SEWER LIFT STATION (SLS) AND ASSOCIATED PIPING ON THE ENCINA POWER STATION (EPS) AND ADJACENT PROPERTIES GENERALLY LOCATED NORTH ORCANNON ROAD, WEST OF INTERSTATE 5 AND WITHIN THITC0UNDARIES OF THE SOUTH CARLSBAD COASTAL REDE\EroW4ENT AREA AND IN LOCAL FACILITIES MANAGEMENT \)NES3>ND22. CASE NAME: AGUA H^DIONDA SE\\ER LIFT^IATION, FORCE M\N, AND \3RAVITY 3JEWER REPLACEMENVPROJECT CASENQr. RP 10-26 The HjSusinglpnJS^gdevelopment ^rnmission of\^e City c/ Carlsbad, California, does hereby reso/e as follo\J 1EREAS, pi^suant to the\>rovisions\f the Mu/fcipal Code, the Planning lission dji, on February \ 2011, hold a Ally noticed\jublic hearing as prescribed by law to consiaeVaiMND and MMRI\ and adoptedVlanning Commission Resolution No. 6753, H recommendinfSsMiQtion of the MNto and MMRP; Ind the Holing and /Redevelopment Commission of the City of Carlsbad, on the\ Xday of , 2011, held a duly noticed public hearing to consider the recomr MMRP. ndationVnd heard all persons interested in or opposed to the MND and NOW THEREFORE: BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the adoption of the MND and MMRP are adopted and that the findings of the Planning Commission contained in Planning Commission Resolution No. 6753, on file with the City Clerk and incorporated herein by reference, are the findings of the Housing and Redevelopment Commission. 1 PASSED, APPROVED AND ADOPTED at a joint special meeting of the City 2 Council and Housing and Redevelopment Commission of the City of Carlsbad on the 3 day of 2011, by the following vote, to wit: 4 AYES: 5 NOES: 6 ABSENT: 7 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 MATT HALL, Mayor 9 ATTEST: 10 1 LORRAINE M. WOOD, City Clerk (SEAL) -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 497 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING REDEVELOPMENT PERMIT RP 10-26 FOR THE CONSTRUCTION OF THE SEWER LIFT STATION (SLS) AND ASSOCIATED PIPING ON THE ENCINA POWER STATION (EPS) AND ADJACENT PROPERTIES GENERALLY LOCATED NORTH OF CANNON ROAD, WEST OF INTERSTATE 5 AND WITHIN THE BOUNDARIES OF THE SOUTH CARLSBAD COASTAL REDEVELOPMENT AF^EA AND IN LOCAL FACILITIES MANAGEMENT ZONE CASE NAME: AGUA HEDIONDA FORCE MAIN\ AND \GRAVITY SE^ER REPLACEMENT PROJECT CASE NO.: RP 10-26 The Housing and Redevelopment Commission of\e City of jrarlsbad, California, does hereby resolve^ WH/REAS,\pursua>^o the provisions <\ the Municljtel Code, the Planning I Commission did,Jbn Februar\2, 2011, holdVduly noticed pVblic hearing as prescribed by law X \to consider Reofevelopment PVmit RP 10-26, a\ad adopted Planning Commission Resolution (mending approvV of Redevelopment Permit RP 10-26; and IfHEREAS, the H\jsing and Redevelopment Commission of the City of Carlsbad, on tfi%^ day of \ , 2011, held a duly noticed public hearing to consider the recor\me7Mation and heard sHLpersonsJnterested in or opposed to RP 10-26. NOWVTHERI Commission of the Carls )RE, BE IT RESOLVED by the Housing and Redevelopment i, California, as follows: 1.ThaXhe abov\ recitations are true and correct. 2. That the reCTNjjrJendation of the Planning Commission for the approval of Redevelopment Permit RP 10-26 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 6756 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission. 1 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the 2 Carlsbad Housing and Redevelopment Commission and Carlsbad City Council held on 3 the day of , 2011, by the following vote to wit: 4 5 AYES: 6 NOES: 7 ABSENT:8 9 10 MATT HALL, Chairman 11 ATTEST: 12" 13 14 LISA HILDABRAND, Secretary 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decwiqi^becomes final a request for the record is filed with a deposit in an amount suTTTOtat4^over the estimated cost or preparation of such record, the time within whVi oUuV'p&ttijon may be filed in court is extended to not later than theItortieth day f\lowing theoWe on which the record is eithei/Dersonally delivered oVnailed to \e party, or\s attorney of record, if he h/s one. A written requestVr the preparation of theVecord of the proceedings tfiall be filep^ith the City C\rk, City ofvarlsbad, 1100 Carlsbad Village Drive/Carlsbad, /// /// /// /// /// /// /// /// 1 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the 2 Carlsbad Housing and Redevelopment Commission and Carlsbad City Council held on the day of , 2011, by the following vote to wit: 4 5 AYES: 6 NOES: 7 ABSENT:8 9 10 MATT HALL, Chairman 11 ATTEST: 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 LISA HILDABRAND, Secretary 15 (SEAL) 4H CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION 23 AGENDA BILL AB# MTG. DEPT. 20,532 . 4/26/1 1 CED CONTINUED PUBLIC HEARING ON THE AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT- POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/HMP 10-03 DEPT. DIRECTOR g£j6- CITY ATTORNEY ~tfj2? CITY MANAGER RECOMMENDED ACTION: 1. That the City Council reconvene the public hearing and ADOPT City Council Resolution 'No. 2011-080 to: 1) remand the application to the Planning Director to complete further analyses of the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), and if warranted per CEQA Section 15073.5(a), the Planning Director would recirculate the MND for public comment; and 2) schedule the application and revised MND/MMRP for a new hearing by the Planning Commission for a recommendation to the City Council. 2. That the Housing and Redevelopment Commission reconvene the public hearing and ADOPT Housing and Redevelopment Commission Resolution No. 501 to: 1) remand the application to the Planning Director to complete further analyses of the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), and if warranted per CEQA Section 15073.5(a), the Planning Director would recirculate the MND for public comment; and 2) schedule the application and revised MND/MMRP for a new hearing by the Planning Commission for a recommendation to the Housing and ) Redevelopment Commission. ITEM EXPLANATION: On .March 8, 2011, the City Council and Housing and Redevelopment Commission held a public hearing to consider approval of the Agua Hedionda Sewer Lift Station, Force Main, and Gravity Sewer Replacement project and the adoption of the MND and MMRP (AB # 20,478). The City Council and Housing and Redevelopment Commission received the report and recommendations from its staff and heard testimony and arguments from all persons desiring to be heard. The Planning Director requested a continuance of the project to give staff time to respond in writing to a letter to the City Council from Mr. Ronald W. Rouse, special counsel to NRG Energy, Inc., dated March 7, 2011 (Exhibit 3). Council Member Douglas requested staff to return with all correspondence in regard to the Agua Hedionda sewer lift station between City of Carlsbad staff and NRG staff, the matter was then continued for deliberations by the City Council and Housing and Redevelopment Commission to its meeting of Tuesday, April 26, 2011. The public hearing was left open to allow new information and testimony to be received DEPARTMENT CONTACT: Pam Drew 760-602-4644 pam.drew(5>carlsbadca.qov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D P D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Reference: AB20,478 JOINT MEETING OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: MINUTES THE CITY OF CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION (Joint Special Meeting) April 26, 2011. 6:00 p.m. City Council Chambers CALL TO ORDER: Mayor/Chairman Hall called the Joint Special Meeting to order at 7:11 p.m. ROLL CALL: was taken by the City Clerk/Secretary as follows: Present: Council/Commission Members Hall, Kulchin, Blackburn, Douglas and Packard. Absent: None. / APPROVAL OF MINUTES: / On a motion by Ma^or Pro Tern/Vice Chair Kulchin/'the minutes of the following meeting were approved as presented: Minutes of the Special Meeting held April 5, 2011. (Commission Only) CONTINUATION OF PUBLIC HEARING: 23. AB #20.532 - AGUA HEDIONDA SEWER LIFT STATION. Associate Planner Pam Drew and Senior Civil Engineer Terry Smith gave the staff report and Power Point presentation, on file in the office of the City Clerk. Mayor/Chairman Hall opened the Public Hearing at 7:18 p.m. Ron Raus. representing NRG and Cabrillo Power, came forward to address Council and stated his appreciation and support for the steps taken by the City following his communications. Mayor/Chairman Hall closed the Public Hearing at 7:20 p.m. ACTION: AYES: NOES: ABSENT: On a motion by Mayor Pro Tem Kulchin, the Council adopted RESOLUTION NO. 2011-080. remanding the application to the Planning Director to complete further analyses of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and possible recirculation for public input; and, schedule the application and any revisions for a new hearing by the Planning Commission. Hall, Kulchin, Blackburn, Douglas and Packard. None. None. April 26, 2011 JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION AND CITY COUNCIL Page 2 ACTION: AYES: NOES: ABSENT: On a motion by Vice Chair Kulchin, the Commission adopted RESOLUTION NO. 501. remanding the application to the Planning Director to complete further analyses of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and possible recirculation for public input; and, schedule the application and any revisions for a new hearing by the Planning Commission. Hall, Kulchin, Blackburn, Douglas and Packard. None. None. ADJOURNMENT: By proper motion, the Joint Special Meeting of April 26, 2011 was adjourned at 7:21 p.m. LORRAINE M. WOOD, CMC City Clerk/Secretary DONNA HERATY Deputy City Clerk/Deputy Secretary 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follows: RESOLUTION NO. 2011-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO: 1) REMAND THE APPLICATION TO THE PLANNING DIRECTOR TO COMPLETE FURTHER ANALYSES OF THE MITIGATED NEGATIVE DECLARATION (MND) AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP), AND IF WARRANTED PER CEQA SECTION 15073.5(a), THE PLANNING DIRECTOR WOULD RECIRCULATE THE MND FOR PUBLIC COMMENT; AND 2) SCHEDULE THE APPLICATION AND REVISED MND/MMRP FOR A NEW HEARING BY THE PLANNING COMMISSION FOR A RECOMMENDATION TO THE CITY COUNCIL. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT CASE NO.: POP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-057 HMP 10-03 The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, the City Council and Housing and Redevelopment Commission held a joint public hearing on March 8, 2011, to consider approval of the project and the adoption of the MND and MMRP; and WHEREAS, the Planning Director requested a continuance of the project to give staff time to respond in writing to a letter to the City Council, dated March 7, 2011, from Mr. Ronald W. Rouse, special counsel to NRG Energy, Inc.; and WHEREAS, after staff's presentation and public testimony, the City Council and Housing and Redevelopment Commission kept the public hearing open to allow new information and testimony to be received since the March 8, 2011 meeting and continued the matter for deliberations to its joint special meeting of Tuesday, April 26, 2011; and WHEREAS, staff has completed and mailed the response letter, dated April 12, 2011, to Mr. Ronald W. Rouse; and WHEREAS, due to public testimony at the March 8, 2011 City Council and Housing and Redevelopment Commission joint special meeting, staff is requesting additional time for the Planning Director to complete further CEQA analyses. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:3 1. That the above recitations are true and correct. 2. The application is: 1) remanded to the Planning Director to complete further analyses of the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), and if warranted per CEQA Section 15073.5(a), the Planning Director would recirculate the MND for public comment; and 2) schedule the application and revised MND/MMRP for a new hearing by the Planning Commission for a recommendation to the City Council. "NOTICE TO APPLICANT"6 7 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final aQ request for the record is filed with a deposit in an amount sufficient to cover the estimated cost .„ or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either ,. personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, 12 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. 13 '" 14 '" 15 '" 16 '" 17 '" 18 19 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- 1 .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City Council and Housing and Redevelopment Commission of the City of Carlsbad on the 26th day of April, 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. ATTEST: RRAINE M. W6OD,'City Clerk (SEAL) 1 RESOLUTION NO. 501 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, TO: 3 1) REMAND THE APPLICATION TO THE PLANNING DIRECTOR TO COMPLETE FURTHER ANALYSES OF THE 4 MITIGATED NEGATIVE DECLARATION (MND) AND MITIGATION MONITORING AND REPORTING PROGRAM 5 (MMRP), AND IF WARRANTED PER CEQA SECTION 15073.5(a), THE PLANNING DIRECTOR WOULD 6 RECIRCULATE THE MND FOR PUBLIC COMMENT; AND 2) SCHEDULE THE APPLICATION AND REVISED MND/MMRP 7 FOR A NEW HEARING BY THE PLANNING COMMISSION FOR A RECOMMENDATION TO THE HOUSING AND 8 REDEVELOPMENT COMMISISON. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, 9 FORCE MAIN, AND GRAVITY SEWER REPLACEMENT 10 CASE NO.: PDP 00-02(C)/SP 144(L)/RP 10-26/HDP 10-05/ ^___ HMP 10-03 11 The Housing and Redevelopment Commission of the City of Carlsbad, California, 12 does hereby resolve as follows: '3 WHEREAS, the City Council and Housing and Redevelopment Commission held 14 a joint public hearing on March 8, 2011, to consider approval of the project and the adoption of 15 the MND and MMRP; and '6 WHEREAS, the Planning Director requested a continuance of the project to give ^ staff time to respond in writing to a letter to the City Council, dated March 7, 2011, from Mr. 1° Ronald W. Rouse, special counsel to NRG Energy, Inc.; and 1 WHEREAS, after staff's presentation and public testimony, the City Council and 70 Housing and Redevelopment Commission kept the public hearing open to allow new information 21 and testimony to be received since the March 8, 2011 meeting and continued the matter for 22 deliberations to its joint special meeting of Tuesday, April 26, 2011; and 21 WHEREAS, staff has completed and mailed the response letter, dated April 12, 24 2011, to Mr. Ronald W. Rouse; and 25 WHEREAS, due to public testimony at the March 8, 2011 City Council and Housing and "") f\Redevelopment Commission joint special meeting, staff is requesting additional time for the Planning Director to complete further CEQA analyses. 28 ^III r> 1 NOW THEREFORE, BE IT RESOLVED by the Housing and Redevelopment 2 Commission of the City of Carlsbad, California, as follows: 3 1. That the above recitations are true and correct. 2. The application is: 1) remanded to the Planning Director to complete further analyses of the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting 5 Program (MMRP), and if warranted per CEQA Section 15073.5(a), the Planning Director would recirculate the MND for public comment; and 2) schedule the application and revised MND/MMRP for a new hearing by the Planning Commission for a recommendation to the Housing and Redevelopment Commission. "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either IT personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, 14 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- [terry Smith - RE: Relocation of Agua He ida Sewer Lift Station-City of Carlsbad ™~ """__. _ Page i~| From: "Pearson, Michael" <Michael.Pearson@rirgenergy.corn> To: "Terry Smith" <TSmit@ci.carlsbad.ca.us> Date: 07/20/2006 6:57:28 PM Subject: RE: Relocation of Agua Hedionda Sewer Lift Station - City of Carlsbad Terry, You've stepped into a land-mind field. Watch out. There are several people trying to lay claim to the area by the existing lift station. Cabrillo has a desire to install new generating equipment in this area (tank farm) and the County Water District has made rumblings that they want it for a reverse osmosis plant. The city would love to have it for redevelopment. The bike-trails folks want part of it for new bike trails. The Train folks would love to widen their foot print. The Highway folks have mentioned a desire to widen their foot print into the tank farm area. I'm located at the Power Plant and can probably sit down and give you a quick idea of the existing what/where but not much more. When it comes down to selecting a location, that gets pretty tricky and will require me to hand off to the Corporate folks but in the meantime, I can meet with you and give you an idea of what/where of the existing equipment Michael J. Pearson Enclna Power Station 4600 Carlsbad Blvd. Carlsbad, CA 92008 (760) 268-4035 (760) 535-7045 (eel!) I'm trying to take tomorrow off and plan to be back on Monday HOWEVER, the Safety folks want me to attend yet another meeting in the morning. m.j.p. Original Message— From: Terry Smith [mailto:TSmit@ci.carlsbad.ca.us] Sent: Thursday, July 20, 2006 10:49 AM To: Pearson, Michael Subject: Relocation of Agua Hedionda Sewer Lift Station - City ofCarlsbad Michael, I am the project manager for the City of Carlsbad on the Agua Hedionda Sewer Lift Station project. Currently, the City operates a sewage lift station that is located on the south edge of the lagoon and adjacent to the railroad tracks on the east side of the Encina Power Plant. The lift station is located partially within the railroad right-of-way and partially within your property. The sewage lift station and the associated pipelines are aging, undersized for future flows and.need to be replaced. The City is currently in the process of identifying and evaluating potential sites and pipeline corridors. We are looking at new sites, approximately % acre in size, to build the new lift station. We would like to begin correspondence with you so that we can get your feedback on the potential sites that are located on your property. Please send me your contact information and let me know if you are available for meetings in the Carlsbad area. I am not sure where you are located. If you are not the correct contact person, I would Terry Smith - RE: Relocation of Agua He Ida Sewer Lift Station - City of Carlsbad Page 2 appreciate if you could pass this on to the appropriate person. Thank you for your assistance. Terry L. Smith Senior Engineer City of Carlsbad - Public Works Engineering 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-2765 tsmit@ci. carlsbad. ca, us iy* CODV COPY MEMORANDUM CITY OF CARLSBAD ENGINEERING - DESIGN DIVISION DATE: AUGUST 24, 2006 TO: DESIGN TEAM FROM: SENIOR CIVIL ENGINEER, TERRY SMITH RE: C1P #3949 - AGUA HEDIONDA LIFT STATON SITING ALTERNATIVES I met with Michael Pearson of NRG on July 28, 2006 and toured the Encfna Power Plant property east of the railroad tracks. Sites 1 through 5 are on property owned by NRG/Cabritlo. Mr. Pearson indicated that site 5 is the location of the future desalination plant and that site 2 might be in the way of future plans to relocate the power plant, although no plans have been developed at this time. He did not have any opposition to site 1 and 4 except that the YMCA has a lease for the use of site 4. Additionally, it was his understanding that Hubbs Aquarium might be expanding and that would conflict with site 3. On August 24, 2006 I talked to Mike Williams from SDG&E on the telephone about his thoughts on the potential lift station sites that we have identified. I had previously sent Mike a copy of Figures 2-1, 2-2 and 2-3. Alternative sites 6 and 10 are both on SDG&E property. Mike noted that Figure 2-2 Incorrectly identifies site 10 as being on a parcel owned by Carbrillo Power, which is actually owned by SDG&E. Mike indicated that site 10 is shown within SDG&E's existing maintenance yard and is already undersized and needs to be expanded or relocated, If SDG&E were to relocate their maintenance yard, this parcel has very high development potential and he would prefer that the lift station not be located here for those reasons. The south half of the parcel where site 6 is shown is adjacent to the new Cannon Court hotel and restaurant and also has high development potential. However, Mike indicated that the area immediately south or north of their substation along the railroad tracks may be an option, but that the City would likely need to acquire the property through condemnation proceedings. He believes the City would need to justify the condemnation of their property when the City has the option of locating the lift station nearby along Cannon Road. c: File 3949 - Right-of-Way Acquisition Mark Biskup - Agua Hedionda Lift Statio te Study ___ " J Page 1 From: Terry Smith To: "Pearson, Michael" <Michael.Pearson@nrgenergy.com> Date; Thu, Jan 11, 2007 3:59 PM Subject: Agua Hedionda. Lift Station Site Study Michael, It has been awhile since we met, July 28,2006 to be exact, to look at possible alternatives for relocating the the Agua Hedionda Sewer Lift Station that is currently located on your property. Since that time, we have also looked at some other site options and we keep coming back to the proximity of the existing lift station as being the superior location. We certainly understand the need to minimize impact to your property so that you have the ability to relocate the power plant In the future. With that in mind, we have developed a split pad concept that builds the lift station into the side of the existing slope and partially buries the lift station (see the attached exhibit). This minimi/es the impact to your prime pad area and allows the City to access the lift station from above and below. Please keep in mind that we have not done any detailed preliminary design, so we believe this to be the largest foot print that we would need based on experience with similar facilities. It may get some smaller as we get into the details later. Please keep in mind that we can not disturb any of the area labeled as ESHA and we can not place structures in the railroad right of way. The existing overflow basin will be demolished and the new facility will have numerous redundant features added to prevent accidentat spills. We don't believe the Coastal Commission will allow us to build any closer to the lagoon because of aesthetic issues and spill concern. I am very interested in getting your comments on this concept and whether or not NRG would be willing to allow the City to construct in this area. We have lost some momentum on this project due to the holidays and staffing issues, but we are anxious to get the project moving forward again so that we can get this aging lift station replaced. Thank you for your consideration, Terry Smith Terry L. Smith Senior Engineer City of Carlsbad - Public Works Engineering 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-2765 tsmit@ci,carlsbad,ca.us Mark Biskup - RE: Agua Hedionda Lift S in Site Study •—-•-•-^ ^~~ - P|9e1j From: "Pearson, Michael" <Michael.Pearson@nrgenergy.com> To: "Terry Smith" <TSmit@ci.carlsbad.ca.us> Date: Sat, Jan 13, 2007 10:57 PM Subject: RE: Agua Hedionda Lift Station Site Study Thanks for the update Terry. As I mentioned in our meeting at Encina, I'm not the one to make any decisions however, I can give you technical consultation relative to Encina, I'm going to forward your note to the local Business Development folks to address. If I can be of any further technical assistance, please fee! free to contact me. m.j.p. Michael J. Pearson Encina Power Station 4600 Carlsbad Blvd. Carlsbad, CA 92008 (760) 268-4035 Original Message— From: Terry Smith [mailto:TSrnit@ci.carlsbad.ca.us] Sent: Thursday, January 11, 2007 3:59 PM To: Pearson, Michael Subject Agua Hedionda Lift Station Site Study Michael, It has been awhile since we met, July 28, 2006 to be exact, to look, at possible alternatives for relocating the the Agua Hedjonda Sewer Lift Station that is currently located on your property. Since that time, we have also looked at some other site options and we keep coming back to the proximity of the existing lift station as being the superior location. We certainly understand the need to minimize impact to your property so that you have the ability to relocate the power plant in the future. With that in mind, we have developed a split pad concept that builds the lift station into the side of the existing slope and partially buries . the iift station (see the attached exhibit}. This minimizes the impact to your prime pad area and allows the City to access the lift station from above and below. Please keep in mind that we have not done any detailed preliminary design, so we believe this to be the largest foot print that we would need based on experience with similar facilities, it may get some smaller as we get into the details later. Please keep in mind that we can not disturb any of the area labeled as ESHA and we can not place structures in the railroad right of way. The existing overflow basin will be demolished and the new facility will have numerous redundant features added to prevent accidental spills. We don't believe the Coastal Commission will allow us to build any closer to the lagoon because of aesthetic issues and spill concern. Mark Biskup - RE: Agua Hedionda Lift S »n Site Study ' Page 2 I am very interested in gettmg your comments on this concept and whether or not NRG would be willing to allow the City to construct in this area. We have lost some momentum on this project due to the holidays and staffing issues, but we are anxious to get the project moving forward again so that we can get this aging lift station replaced. Thank you for your consideration, Terry Smith Terry L. Smith Senior Engineer City of Carlsbad - Public Works Engineering 1635 Faraday Avenue Carlsbad, CA 92008 (760) 60.2-2765 tsmit@ci.carlsbad.ca.us [Terry Smith - RE: Agua Hedionda Lift S -n Site Study Page 1 From: "Pearson, Michael" <Michael.Pearson@nrgenergy.cO'm> To: "Terry Smith" <TSmit@ci.carlsbad.ca.us> Date: 01 /30/2007 6:01:49 PM Subject: RE: Agua Hedionda Lift Station Site Study Thanks Terry, I handed off to another part of our company. I've been lead to believe (rurnor only) that Mr. Tirn Hemig has been asked to work with you. Mr. Tim Hernig (760)710-2144 If you have any further technical questions, feel free to call/write. m.j.p. —Original Message— From: Terry Smith [mailto:TSmit@ci.carlsbad.ca.us] Sent: Tuesday, January 30,2007 5:14 PM To: Pearson, Michael Subject: RE: Agua Hedionda Lift Station Site Study Michael, Can you give me a name and number for someone else I can call or send mail. Thanks, Terry Terry L. Smith Senior Engineer City of Carlsbad - Public Works Engineering 1635 Faraday Avenue Carlsbad, CA 92008 (760)602-2765 tsmit@ci.carlsbad.ca.us >» "Pearson, Michael" <Michael.Pearson@nrgenergy.com> 01/13/07 10:55 PM»> Thanks for the update Terry. As I mentioned in our meeting at Encina, I'm not the one to make any decisions however, I can give you technical consultation relative to Encina. I'm going to forward your note to the local Business Development folks to address. If I can be of anyjurther technical assistance, please feel free to contact me. m.j.p. /Terry Smith - RE: Agua Hedionda Lift S in Ste Study Page 2 Michael J. Pearson Encina Power Station 4600 Carlsbad Blvd. Carlsbad, CA 92008 (760) 268-4035 —Original Message— From: Terry Smith [mailto:TSmit@ci.carlsbad.ca.us] Sent: Thursday, January 11, 2007 3:59 PM To: Pearson, Michael Subject: Agua Hedionda Lift Station Site Study Michael, It has been awhile since we met, July 28,2006 to be exact, to look at possible alternatives for relocating the the Agua Hedionda Sewer Lift Station that is currently located on your property. Since that time, we have also looked at some other site options and we keep coming back to the proximity of the existing lift station as being the superior location. We certainly understand the need to minimize impact to your property SO that you have the ability to relocate the power plant in the future. With that in mind, we have developed a split pad concept that builds the lift station into the side of the existing slope and partially buries the lift station (see the attached exhibit). This minimizes the impact to your prime pad area and allows the City to access the lift station from above and below. Please keep in mind that we have not done any detailed preliminary design, so we believe this to be the largest foot print that we would need based on experience with similar facilities. It may get some smaller as we get into the details later. Please keep in mind that we can not disturb any of the area labeled as ESHA and we can not place structures in the railroad right of way. The existing overflow basin will be demolished and the new facility will have numerous redundant features added to prevent accidental spills. We don't believe the Coastal Commission will allow us to build any closer to the lagoon because of aesthetic issues and spill concern. I am very interested in getting your comments on this concept and whether or not NRG would be willing to allow the City to construct in this area. We have lost some momentum on this project due to the holidays and staffing issues, but we are anxious to get the project moving forward again so that we can get this aging lift station replaced. Thank you for your consideration, Mark Biskup - Property Acquisition at Er a Power Plant Page 1 From: Terry Smith To: david.lloyd@nrgenergy.com ' Date: Tue, Feb 6, 2007 12:13 PM Subject: Property Acquisition at Encina Power Plant David, I obtained your e-mail from Jim Elliott here at the City. He said you might be abte to point me in the right direction. I am the City's project manager for the Agua Hedionda Sewer Lift Station project. The current lift station is old and of inadequate capacity to meet future sewage flows. We are looking to build the new lift station in the same vicinity as the current lift station. Since we need to keep the old lift station operational during construction of the new one, we will need to acquire some property from NRG Energy for the new facility. We believe we have come up with a concept that will minimize the impact to your site, which is on the east side of the railroad tracks on the south shore of the Agua Hedionda Lagoon. Could you put me touch with the person at NRG who can make decisions regarding the sale of property? I have discussed the project previously with Michael Pearson at the Power Plant, so I am aware of all of the demands being placed on this property with respect to the Desal project and your desire to relocate the power plant. Your assistance in this issue is greatly appreciated. Thanks, Terry Smith Terry L. Smith Senior Engineer City of Carlsbad - Public Works Engineering 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-2765 tsmit@ci.carlsbad.ca.us I Terry Smith - RE: Agua Hedionda Lift S in Site Study Page3~j Terry Smith Terry L. Smith Senior Engineer City of Carlsbad - Public Works Engineering 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-2765 tsmit@ci.carlsbad.ca.us Terry jni[th - RE: Property Acquisition at ;ina Power Plant "" .--. ....... . Page 1 From: "Lloyd, David" <David.lLoyd@nrgenergy.com> To: "Terry Smith" <TSmit@ci.carlsbad.ca.us> Date: 02/15/2007 10:13:33 AM Subject: RE: Property Acquisition at Encina Power Plant We will review your request internally, Since the property is subject to the Subdivision Map Act, we would not be inclined to undertake the expensive and delayed process associated with Coastal Commission and City review of a lot split for this project. We may be willing to consider an easement subject to a reversion if the property is no longer used for lift station purposes, and limited to the smallest area needed by the lift station. We are also concerned about potential spills into the Lagoon, and so would need to thoroughly review your spill management planning and redundancy for spill prevention. David Lloyd Secretary Cabrillo Power I LLC 1819 Aston Avenue, Suite 105 Carlsbad, CA 92008 Cell: 760-535-2058 Office: 760-710-2147 Fax: 760-918-6950 This message is a PRIVATE communication. This message and all attachments are a private communication sent by an attorney in the law department of NRG Energy, Inc., and may be confidential or protected by privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the information contained in or attached to this message is strictly prohibited. Please notify the sender of the delivery error by replying to this message, and then delete it from your system. Thank you, —Original Message— From: Terry Smith [mailto:TSmit@ci.carlsbad.ca.us] Sent: Tuesday, February 06, 2007 12:14 PM . To: Lloyd, David Subject: Property Acquisition at Encina Power Plant David, I obtained your e-mail from Jim Elliott here at the City. He said you might be able to point me in the right direction. I am the City's project manager for the Agua Hedionda Sewer Lift Station project. The current lift station is old and of inadequate capacity to meet future sewage flows. We are looking to build the new lift station in the same vicinity as the current lift station. Since we need to keep the old lift station operational during construction of the new one, we will need to acquire some property from NRG Energy for the new facility. We believe we have come up,with a concept that will minimize the impact to your site, which is on the east side of the railroad tracks on the south shore of the Agua Hedionda Lagoon. Could you put me touch with the person at NRG who can make decisions regarding the sale of property? I have discussed the project previously with Michael Pearson at the Power Plant, so I am aware of all of the demands being placed on this property with respect to the Desal project Terry Smith - RE: Property Acquisition a cina Power Plant Page 2 and your desire to relocate the power plant. Your assistance in this issue is greatly appreciated. Thanks, Terry Smith Terry L. Smith Senior Engineer City of Carlsbad - Public Works Engineering 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-2765 tsmit@ci.carlsbad.ca.us CC; "Hoffmann, Steve" <Steve.Hoffmann@nrgenergy.com>, "Richards, Keith" <Keith.Ricriards@nrgenergy.corn>, "Hemig, Tim" <Tim.Hemig@nrgenergy.com> *>4 t%»< ^xf Xl-f-tfi^r jpr^'A t s£ff'f'o ) 7 ^^ X#s» ' X *=>r / &£t(<£f /> f^"-~f ^-f _/-*** x"c / c x <3 -c -t -er •*•«—-/^ -4-^» • • *u.*r\ / ^f r-cZs*- "jr* > v S < J? " ~ti^-iXl y -^' - ~z ^ -c* S j JO " MEMORANDUM CITY OF CARLSBAD ENGINEERING - DESIGN DIVISION DATE: FEBRUARY 25, 2007 TO: SENIOR PLANNER, ELAINE BLACKBURN FROM: SENIOR CIVIL ENGINEER, TERRY SMITH RE: CIP #3949 - AGUA HEDIONDA LIFT STATION SITING STUDY AND ALTERNATIVE ALIGNMENTS FOR REACHES 11B- 15 OF THE V/C SEWER The Design Division has completed the Alignment and Site Study for replacement of Reaches VC11B - 15 and the Agua Hedionda Lift Station of the Vista/Carlsbad Interceptor Sewer System. The study was completed in August 2006 and considered 10 different site locations for the new sewer lift station. The sites were evaluated against several different criteria and also considered the review comments provided in your July 6, 2006 memo and comments from the Encina Wastewater Authority, Because only one of the sites is owned by the City, it was difficult to clearly identify one site as the preferred site. Instead, three potential sites were identified in the alignment study that require further evaluation and discussions with the property owners prior to selecting a single preferred site. The three potential sites identified were sites 2, 9 and 6. If property ownership was not an issue, Site 2 would be the preferred site. The executive summary of the study has been attached for your reference. Over the past several months, engineering staff has corresponded with the property owners of the potential sites,. NRG Energy and SDG&E, to get feedback from them on using a portion of their property for the Agua Hedionda Lift Station, Both property owners were initially reluctant to provide much information or assistance in locating a lift station on their property. Both property owners expressed concern about our facility impacting prime area for development or expansion of current facilities. The City site is the third alternative and it s the most expensive and difficult to construct. It is also adjacent to a small water body and is the closest alternative to a residential area. SDG&E indicated we would have to go through condemnation to locate the lift station on their property (Site 6), although it could be friendly condemnation if we locate the lift station next to their substation. However, this site is too small and would be difficult to construct in this area because of the overhead power lines. NRG Energy has indicated that they are already getting squeezed by a number of projects and don't want us impacting their site further (Site 2). NRG is unwilling to provide any type of site layout to us with respect to the relocated power plant option that they are considering. However, in the interest of minimizing impact to the NRG property, we developed a site Alternative 1A that is a compromise between site 1 (current location) and Site 2. A revised plan view and section is attached for your review. The benefits 1 of 2 of this location are that impacts to NRG property are minimized, the lift station is out of the railroad right-of-way, there is no take of ESHA and the lift station is partially burred to minimize visual impacts. Last week, we met with Tim Hemig and David Lloyd of NRG Energy to discuss this concept with them. They appear to be willing to cooperate with us on this compromise site, but asked that we continue to develop the site alternative and do our best to reduce the impacts to their property further. They are also trying to tie our project to theirs and they are already asking for concessions on property setbacks, etc. We certainly don't want to get tied to their time-line, but realize a certain amount of planning is needed with them, the desai plant, the coastal rail trail, CALTRANS and NCTD. The purpose of this memo is to inform you that we believe this Alternative Site 1A is the far superior site location and that we would like to proceed to the next phase of engineering, which would be the preliminary design phase. Further detail is needed to better identify easement and property acquisition needs, develop system redundancy measures to prevent spills and to prepare for the CEQA and permitting phase. We would like to meet with you at your earliest convenience to discuss any concerns that you may have with this site location. A copy of your previous memo is attached for your reference. 2 of 2 £ ..^ v>- 561 Estimated Wastewater Discharge for 1X1 SCCF6-5000F HTCC ZGK023 (One Siemens Unit) - PRELIMINARY Encina Power Project Scenario 1 2 3 4 Mobile Demin/Zero Reject; Evap Slowdown and Plant Wastes to POTW Mobile Demin/Zero Reject; Evap Slowdown Recycled, Plant Wastes to POTW RO with Mixed Beds, Evap Blowdown and Plant Wastes to POTW RO with Mixed Beds, Evap Blowdown Recycled, Plant Wastes to POTW Total City Water Consumption, GPM 332 307 433 408 Dem in Feed, GPM 303 303 404 404 TDS Load to Demin System, 8/day 1810 1810 48 (Mixed Bed only) 46 (Mixed Bed only) Demin Reject to POTW, GPM Off-site Regeneration Off-site Regeneration 101 101 Plant Waste Flow Rate, GPM 6 6 6 6 Evap Cooler Blowdown, GPM 25 Recyclec 25 Recycled Combined Flow to POTW, GPM 31 6 132 107 Cone. Of Combined Flow To POTW, PPM 500 500 1613 1875 Notes: 1. Evap Cooler COO2; Evap Cooler Feed: 50% City Water + 50% Demin Water 2. RO Reject Flow: 25% of Feed, Salt Rejection: 98% 3. Evap Cooler On, PAG On 4. DBT 83F. RH 47% 5. HRSG Blowdown Cone. = 100 ppm fora 1450 PSI HRSG (based on ASME CRTD-Vol 34 limits) 6. City of Carlsbad Potable Water TDS = 500 PPM (Avg.) 7. No potable water included (assume 3 gprn avg.) in process discharge Conclusions: 1. Estimated worst case city water consumption for two units (Scenario #3, using on- site RO system)) ~(2 X 433 gpm + 3 gpm for potabls consumption) X 1.15 (15% allowance) = 1000 0PM (1.44 MGD) 2. Estimated Total Dissolved Solids in Process Discharge to POTW: 1*13 ppm 3. Estimated max waslewater discharge rate to POTW for two units (Scenario #3, using on-site RO system) = (2 x 132 gpm+ 3 gpm potable) x 1.15 allowance)** 307 GPM (0.44 MGD) o NRG-Encina Repowering Project Scenario # 1: Estimated City Water Consumption for Six GE LM6000 Sprint Simple CTs (Preliminary) Estimated Water Quantity Requirements: GE LM6000 Sprint Turbine Simple Cycle with Evaporative Cooler Source of consumption Nox injection (Note 1J ' Sprint Injection (Note 1) Evaoprative Coolers (Note 1) Turbine Wash (Note 2) Total City Water Consumption, GPIWCT Total City Water Consumption, GPM/Six CTs Allowance for Misc. Use, 15% City Water Consumption (Facility wide), GPM Fire (testing, fire events) Misc. Process Use (lube oil coolers, laboratory, safety shower, etc. Potable Use Total City Water Consumption (Facility wide), GPM Ambient Conditions Min. Temp - 42 F. RH 60% 46 8 0 0 54 324 49 373 0 6 3 382 ISO Temp 59 F, RH - 60% 39 18 3 0 60 360 54 414 0 6 .3 423 Max Temp - 83 F, RH 56% 32 19 5 0 55 331 50 380 0 6 3 389 Note 1: NOx, Sprint and Evap Cooling Requirements Calculated by Frank Senkel of Shaw/S&W, 4/17/07 Noie 2: Off-line washwaler requirement for GE MS7001 FA (171.5 MW) CT is 1650 gal (Ref: GE Turbine Compressor Washing, Doc # GEK 107122B, April 1B99) GE Gas Turbine Inlet Evopartive Cpoler Water QqaHty Rptjo^jnemenfc(For Reference).- Make-Utf WQ Parameters Alkalinity T (as'CaCOS) Calcium fas CaCOS) Chloride as Cl 1 VJ Iron (Total as Fe) Lead (as Pb) Potassium Sili-a as SiO2 Sodium Vanadtum (-f ' Total Suspended Spiels Total.Dissolvexi'Solids » pH" GE Reference Document f 4"<4trW i* - NRG-Encina Repowering Project Scenario #2: Estimated City Water Consumptions for Two Siemens Super Peakers (Preliminary) Source: Water Balance Dias, Siemens 1X1SCCG-5000F, Dated 4/11/07 Source: Water Balance Diao, Siemens 1X1SCC6-5000 Evaporative Cooler Evsp, GPM Evaporative Cooler Slowdown, GPM PAG, GPM ' HRSG To Aim. GPM Plant Use, GPM Slowdown Tanl; Flash Evao.. 0PM Turbine Wash (Note 1) Total Consumpiion/Super Peaker Unit. 6PM Tola) Consumprton/Two Supe peaker Units, GPM Potable Use Total Plan! ccnsumptto/1. GPM Allowance lor Misc. Use (15%) Total City Water Consumption, GPM/ 7 wo Super Peaker Units Atribiont Conditions Temp- 62 f, RH 7C%, Evap Off. PftG Off 0 0 0 6 6 2 negl. 14 28 3 31 5 36 Temp - 62 F. RH 70%, Evap On, PAG Off 10 1C 0 6 6 2 negl. 34 68 3 71 11 82 Temp - 83 F, RH 347, Evap On, PAG On 25 25 268 6 6 2 neal. 332 664 3 667 107 774 Note 1: Tolal off-line wsshwater requirement for GE MS7001FA (171.5 WW) turbine is 16SO flal (Raf, GE Turbine Compressor Washing, Doc » QEK10712JB, April 1989) ptl rnln pf^ma* Phosphatefoe Siemens Beferenpe; Do-unients Water Qualify Requirement fw Slomane Gas Turbines,1 Inlot pogsina/'-On-lina Washing 'eteriFor Referoncs) WQ Parameters ' Sodium fi Potassium Calcium *r)i0/ld&S ron & Copper SlllCd "'* ', ' 'SV TDS Siilfate: M- -r 'ff« t SS» »'. ^ 0.1 J ri" -f ,''"TKr<v1soj V Demln jWafafiSftlify ReijiSlremenbi**- Gas f uriyifs *". 5 Applicattins'dZDXSSS-bOOI-GC-fffilOl Issued "'A "V* *» tfw., S'V, A, 08K8/05 <J" I*1'*'" v -I JS "V Water QuahlYRac|ulremeiit5 tor SlernTOsg^TurtlW Make-Up WQ Pttromelar; Calcium (35 Ca^O3) 3 CaCOB) ChlondeawsCI rontTouilas Fs) Silica as SiCW Suspanted .SplMs Total Dissolved Solids Dtl & Grease pH _ Slcmoni. Refercnco Documents 'YfflMSO- 30-500 oo-as [) ateiO [•fftyuJvr yj^.jrj^sjfc.^y ,< ^ il^Scalir** ' Walef 0Ual{iy Rqfr)i4rnep'§at|Dns- for EvgbpraflveJjoplersJ- ' '**" Pfl<B#22T33r87<FlByOQ2; Issued reb4 2QO!>' ^ f> Source: Metropolitan Water District of So. California, 2006 WQ Report Carlsbad Municipal Water District WQ parameters Alkalinity Aluminum Calcium Chloride Color Corrosivity Fecal Coliforms Floride Hardness Magnesium Odor Threshold pH Potassium Silver Sodium Spec. Conductance Suifate Total Organic Carbon Total Dissolved Solids TTHM Turbidity Zinc Unit ppm ppb ppm ppm Color Units SI % ppm ppm ppm Units Units ppm ppb ppm microS/CM ppm ppm ppm ppb NTU ppm Range 95-114 ND-151 38-62 83-92 1 to 3 0.04-0.6 0 0.16-0.28 169-260 18-25.5 2 8.1-8.2 3.8-4,6 ND 69-88 687-938 103-210 >2.3-3.1 386-554 36-89 0.06-0.08 ND Average 107 73 55 88 2 0.38 0 0.23 231 23 2 8.1 4,3 ND 82 854 173 2.7 501 60 0.07 ND rf/^flV City of Carlsbad Municipal Water District Drinking WQ (Secondary Standards and Additional Parameters) Vrs. POTW Discharge Limits. City of Carlsbad Drinking WQ Parameters Parameters Alkalinity Aluminum Calcium Chloride Color Corrosivity Fecal Conforms Florida Hardness Magnesium Odor Threshold pH Potassium Silver Sodium Spec. Conductance Sulfate Total Org. Carbon- Total Oissol.Solids TTHM rurbiditv Zinc Arsenic Cadmium Chromium (T> Copper Lead Nickel Cyankto (T> Cyanide (free) Sulfides O&G PCBs Unit ppm ppb ppm opm Units SI % pom ppm ppm Units Units ppm ppb ppm microS/CM pom ppm ppm ppb NTU ppm ppm ppm ppm ppm ppm ppm ppm opm pom ppm pom Range 95-114 ND-151 38-62 83-92 1to3 0-04-0.& 0 0.16-0.28 163-260 18-255 2 8.1-8.2 3.8-4.S NO 69-88 687-938 103-210 2.3-3.1 380-554 36-89 O.OS-0 08 NO Average 107 73 55 83 2 0.38 0 0.23 231 23 2 8.1 4.3 wn 82 854 173 2.7 501 60 0.07 ND Info Not Available from City of Carlsbad Municipal Water District 2006 WQ Report but needed to determine POTW Discharge Quality POTW Discharge Limits POTW Dfech. Para matters Alkalinity Aluminum Calcium Chloride Color Corrosivitv Fecal Coiiforms Fforide Hardness Magnesium Odor Threshold pH Potassium Silver Sodium Spec. Conductance Sulfate Total Organic Carbon Total Dissolved Solids TTHM Turbiditv Zinc Arsenic Cadmium Chromium fT) Copper Lead Nickel Cyanide (T) Cyanide (free) Sulfides O&G PCBs Unit ppm ppb ppm pprn Units SI % ppm ppm pprn Units Units ppm ppb ppm micro S/CM ppm ppm ppin ppb NTU .. ppm ppm pprn ppm ppm ppm ppm ppm ppm pnm ppm ppm LA POTW Disch. Limits, PPM N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 5.5 -11; 6-9 for NPOES permit N/A 5 N/A N/A N/A N/A N/A N/A N/A 25,1 for cooling lower 3 IS 10: 0.2 for cooling towor 15; 1.0 for cooling lower 5 12 10 2 0.1 600; ts (30-day avg.). 20 (daily max.) 0 City of Carlsbad POTW Disch. Limits, PPM Nol IJkeJy aopBcable Not likely aopBcabte Not likely applicable Not likely aonliMhle Not IIKely aopScabte Not likely applirabte Not likely aopllcaBle Not likely applicable Not llkaly apoilcawe Not likely applicable Not lihalv anoSnahlc Disch. Limit To be Obtained Not likely applicable Discn UmitTotte Obtained Not NNely applicable Not likely applicable Notifcely applicable Not likely applicable Not AKely 30Biicao!9 Not ,'lkely applicable Not la-ely apDlicablo Disch. Limit To be Obtained Oi'acti Limd To tm Obtained Disch Limit To be Obtained Disch Limit To be Obtained Disch. Limit To be Obtained Disch. Limit To be Obtained Ouch Limit To ba Obtained Discn. Limit To be Obtained Oiscn, Limit To be Obtained Disch, Limit To be Obtained Disch. Limit To be Obtained Daeh Umit To tie Obtained PAGE 1 OF ! CITY OF CARLSBAD BID TABULATION SHEET 1635 FARADAY AVENUE, CARLSBAD, CA 92008-7314 760-602-4677 . '. VISTA/CARLSBAD INTERCEPTOR SEWER, REACHES VC13-VC15, MANHOLE REPAIR CONTRACT NO. BID NO PWS08-35ENG BID OPENING DATE & TIME:- : ' .July 8. 2008 at 2:00 P.M. LOCATION; Room 174 A pre-bid meeting and tour of the project site will NOT be held. However, in order for the bidding contractor to fully understand the scope of work a site visit is highly recommended a site visit may be arranged with the City's Project Manager, Mark Biskup (760) 602-2753, up to and no later than one week porior to the bid opening date. ENGINEER'S ESTIMATE:.. ; $361,900 PROJECT MANAGER: , MARK BISKUP--760-6Q2-27&3 The figures below were recorded as read during the public bid opening and may not be final due to errors made by bidders. # 1. 2. 3. 4. 5. 6. 7. 8, CONTRACTOR NAME/CITY WEIR CONSTRUCTION CORPORATION SOCAL PACIFIC CONSTRUCTION CORPORATION LUMP SUM $375,493.00 $279,682.00 - SUBCONTRACTORS FOR APPARENT LOW BIDDER: 1. 2. 3. 4. 5. 7/8/08 VISTA/CARLSBAD INTERCEPTOR SEWER REACHES 13-15 MANHOLE REHABILITATION CITY PROJECT NO. CP 3949 Legend 0 WC INTERCEPTOR SEWER MANHOLE —— V/C INTERCEPTOR SEWER PIPELINE & SEWER MANHOLE (NOT A PART) COLLECTOR SEWER HPEUNE | | HCTD ROW f ! ASSESSOR'S PARCEL 0 100 200 SHEET 2OF 5 APPENDIX "G" PROJECT NOTIFICATION LIST Location APN 21001041 21001041 21001042 21001105 Cannon RD 21009024 21009044 21009049 21009042 21009045 21009050 21009051 210 17014 Ave. Encinas/PAR Ave. Encinas Ave. Encinas Contact Information NRG/Cabrillo Power, LLC 4600 Carlsbad BLVD (Sheila Henikin)760 268-401 8 Mobile 760 535-2705 (Jeff Bismen) 760 688-8451 & Encina Wastewater Authority NRG/Cabrillo Power. LLC 4600 Carlsbad BLVD (Sheila Henikin)760 268-401 8 Mobile 760 535-2705 (Jeff Bismen) 760 688-8451 SDG&E Jeff Sykes Land Management Super 8335 Century Park Ct CP!!D SDCA92123 858654-1235 Cannon Ct City of Carlsbad R-O-W Bob Baker Auto Park Contact: Dan Elliott .760 804-5012; Cell 760 415-5454 5055 Avenida Encinas Suite- 100 Kotoff Family 1301 Vista Colina, San Marcos CA 92078 Property Resources Inc. P.O. Box 51196, Salt Lake City W 84151 SAN-GAL The Pleta 5411 Avenda Encinas, #51 Palmu Huna LLS 5600 Avenida Encinas Carlsbad Point Corp 5825 Avenida Encinas #75 Cognac Pacific Corp 5499 Ave Encinas City of Carlsbad right-of way City of Carlsbad right-of way EWPCF Manhole #s 26 22.23,24.25 20,21 18,19 17 16 15 14 13 12 10.11 9 8 7 2,3,4,5,5a,6 1 Misc. Information & Requirements Secured site requires access through guard gate. All workers entering property shall be authorized and trained in compliance with the owner's requirements. Also requires coordination to EWA to for access through lift station site. Secured site requires access through guard gate. All workers entering property shall be authorized and trained in compliance with the owner's requirements. Secured site. Contractor shall notify owner before entry onto property. Grass Easement Traffic Control Secured site, Contractor shall notify and arrange entry onto property with owner. Easement in private parking lot. Potential for parked cars on manhole. Notify & Coordinate entry with owner & occupants. Easement in private parking lot. Potential for parked cars on manhole. Notify & Coordinate entry with owner & occupants, Easement in private parking lot. Potential for parked cars on manhole. Notify & Coordinate entry with owner & occupants. Easement in private parking lot. Potential for parked cars on man hole. Notify & Coordinate entry with owner & occupants. Easement behind drainage channel near NCTD ROW; NCTD Agreement necessary if entering or staging on NCTD ROW Easement in private parking lot. Potential for parked cars on manhole. Notify & Coordinate entry with owner & occupants. Easement in* private parking lot. Potential for parked cars on manhole. Notify & Coordinate entry with owner & occupants. Buried Traffic Control Traffic Control This list provides the Contractor with contact information for parties that may be affected by this project. The Contractor is responsible for providing appropriate notification, as described within the contact documents, to each of the listed contacts as well as additional parties of interest as directed by the Engineer. September 5, 2008 Tim E Hemig Director, Environmental Business NRG WEST 1817 Aston Avenue. Suite 104 Carlsbad, GA 92008 PROJECT NO. 3949 -VISTA/ CARLSBAD INTERCEPTOR SEWER REPLACEMENT REQUEST FOR SEWER EASEMENT Dear Mr. Hemig: As you know, the City of Carlsbad has been investigating alternatives for the replacement of the Vista / Carlsbad Interceptor Sewer and Agua Hedionda Lift Station currently located on and adjacent to NRG's property at the Enclna Power Station. This pipeline and lift station are jointly owned by the City of Carlsbad and the City of Vista and were constructed in the late 1960's>. These facilities have either reached their useful life or are undersized to meet the future needs of the area. NRG and the City of Carlsbad last met on this issue on May ?, ?007 at your office to discuss NRG concerns with the location of the new lift station and pipeline. Since that time, the City has evaluated and selected a preferred alignment alternaUve for Ihe replacement sewer and is nearing the completion of the preliminary design report. As you requested in Shis meeting, the City has located the replacement sewer lift station in a location that minimizes the impact to NRG's pad area and the panoramic views. The proposed lift station location and pipe-line alignment are shown on the attached figures. The design .concept for the new lift station is to construct the structure into the existing slope so that only the roof and one face of the building are visible. Access to the roof hatches will be from the upper pad elevation and walk-in access to the building will be from the lower pad elevation (approximately the same elevation as the current lift station). The City plans to incorporate a number of redundancy features into the new lift station to minimize the potential for sewage spills. One of the features of the new design includes using the existing interceptor sewer in addition to constructing a new parallel sewer in order to provide a secondary conveyance system. As shown on the attached exhibit, an additional 20-foot easement is required from NRG, which is adjacent to the City's existing 17.5-foot wide sewer easement. The City will also need an easement for the new sewer lift station at the north end of the NRG site as shown on the attached -figure. Additionally, the City has also determined that the combined sewer easement width will be adequate to serve the needs of the City's future Coastal Rail Trail project so that no additional right-of-way will be necessary for that project. Faraday Avenue o Carlsbad, C.A 92000-731-I » (76O) 602-272.0 - FAX (760) 60S 8562 September 5, 2008 PROJECT NO. 3949 - VISTA / CARLSBAD INTERCEPTOR SEWER REPLACEMENT REQUEST FOR SEWER EASEMENT Page 2 The City would like to meet with you at your earliest convenience to answer any questions you may have of our project and to discuss the City's property needs associated with the project. As you may recall, the previous property owner of the Encina Power Station, Cabriilo Power, prepared a Precise Development Plan in partnership with Poseidon Resources for the Carlsbad Seavvater Desalination Plant. The City of Carlsbad Planning Commission approved the Precise Development Plan (POP 00-02) for the desalination plant on May 3, 2006 with certain conditions imposed on the facility. Conditions 16d & 16e of POP 00-02 stipulates that Cabriilo Power or its successor irt interest will dedicate easements to the City for the Coastal Rail Trail project and the Vista / Carlsbad Interceptor Sewer & Agua Hedionda Lift Station project, We look forward to discussing this issue with you. Please contact me at (760) 602-2765 to schedule a date and time to meet.' TERRY L SMITH Senior Civil Engineer Attachments c: Bill Plummer Sherri Howard Scott Donnell joe Garuba LEGEND | EXISTING UTILITY EASEMENT [ NEW UTILITY EASEMENT I TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A NRG ENERGY PROPOSED EASEMENTS /OUA HEOIOMPA UFT STATION PRELIMINARY DESIGN REPORT CARLSBAD, CALIFORNIA FIGURE 1 "* EXHIBIT B NRG ENERGY PROPOSED EASEMENTSEXISTING UTILITY EASEMENT NEW UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT AQUA HOXONOA UFT STATION PROJMINMtT OES1CN REPORT CARLSBAD. CAUFORMA A} * a f J0'**"V II fI T \ f f\ T f <O» &* I £** «•"% JP*% /""IT O O d r I S D 3, Q September 10, 2008 Mike Mo.nasmith Energy Facility Siting Project M tin age r California Energy Commission 1516 Ninth Street, MS-15 ' • ' Sacramento, CA. 95814 CARLSBAD ENERGY CENTER PROJECT (07-AFC-6) - SEWER REPLACEMENT PROJECT Dear Mr. Monasmith: For the Energy Commission's consideration, attached is a September 5, 2008, tetter and color plans (rum the City's Public Works Department, Engineering Division, to NRG, proponent of Hie Carlsbad Energy Center Project (CECP). The letter regards the City's replacement pJans for and progress on the Vista/Carlsbad interceptor Sewer and Agua Ifedionda Lift station projects. Both projects vvouW replace outdated facilities constructed in the late 1960s. As the attachments provide, the sewer and lift station projects, planned along and within the west boundary of the CECP, are very relevant to its planning. Both projects would require easements that will impact area available for the CECP. The sewer easement proposed would also likely be adequate in width to accommodate the Coastal Rail Trail (CRT). The City's planning efforts for the CRT and sc\ver and iitt station projects date back approximately ten years. More recently, ihe City conditioned Cabrillo Power 1 LLC or its successors in interest to dedicate to Carlsbad easements for ail three projects. These conditions were imposed as pail of the City's 2006 approval of' the -desalination plant and related permits, The dedication of casements for these necessary projects a»d the widening of Interstate b will impact the situ planning for and design of the CEC'P. Accordingly; NRG's plans for the CECP need to take these projects into consideration. Carlsbad staff intends to follow up this, lefter with an exhibit to demonstrate the relationship of the freeway uideTiinii and sewer and lift station easements to the CECP. Should you have any questions, please contact me at ( 760) 602-46] S or idjliw]jH;cL Yours verv Snilv, ^ *s^'* ~~~*~~ I _^_ -yt—----=—^- • f<l__--r SCOTT DONNELL Senior Planner Enclosure Faradwv Avenue » Carlsbad. CA 92008-73 14 • (760) 602-4800 » FAX t76O5 602-8550 • www.oi,car!sbad.ca.u8 City of Carlsbad O f f Ic ^g Q;j^ t h e-v: City- M a n a g e r September 11, 2008 Mike Monasmith Energy Facility Siting Project Manager California Energy Commission 1516 Ninth Street, MS-15 Sacramento, CA 95814 CARLSBAD ENERGY CENTER PROJECT (07-AFC-6) - CITY OF CARLSBAD THIRD SUBMITTAL OF DATA REQUESTS (#62 - #141) Dear Mr. Monasmith: The City of Carlsbad has received NRG's recent project changes (August 2008), known as the Carlsbad Energy Center Project Enhancements and Refinements (PEAR). The City has reviewed NRG's alterations and submits the following data requests for your consideration. Clearly, the complexity of this project has increased due to NRG's recent changes. The City of Carlsbad appreciates the opportunity to raise questions and issues that will help reveal the true impact that this new power plant will have on our community's quality of life. General Background There have been a number of changes to the project area, including approval of the Carlsbad Seawater Desalination Plant (CSDP), the Vista/Carlsbad Interceptor Sewer Improvement project (sewer interceptor), the anticipated widening of 1-5, and the Applicant's proposal to construct a new power plant (Carlsbad Energy Center Project), including the relocation of a regional switchyard and the construction of a project specific desalination plant. 62. Provide a comprehensive site plan which includes CSDP, the sewer interceptor, the 1-5 widening, land the CECP, Construction Background The Applicant states that laydown areas described in the AFC are applicable to project enhancements and refinements. 1 200 Carlsbad Village Drive » Carlsbad, CA 92008-1989 « (76O) 434-2821 * FAX (760) 720-9461 October 7, 2008 Mike Monasmith Energy Facility Siting Project Manager California Energy Commission 1516 Ninth Street, MS-15 Sacramento, CA 95814 CARLSBAD ENERGY CENTER PROJECT (07-AFC-6) - VISUAL IMPACTS AND SITE CONSTRAINTS Dear Mr. Monasmith: As you are aware, for nearly a year the City of Carlsbad (City) has raised concerns about visual impacts and site constraints related to the proposed Carlsbad Energy Center Project (CECP, 07- AFC-6). The City has requested on numerous occasions that the project applicant^ NRG, submit site layouts and visual simulations which incorporate the upcoming widening of the 1-5 Freeway, To date, NRG has failed to adequately respond to the City's requests. In order to ensure that both the California Energy Commission (CEC) and the community-at- large have an accurate understanding of what the probable visual impacts of the CECP will be, the City would like to submit Visual Exhibits #1-4: • Exhibit #1 - Overhead shot of the proposed CECP and its proximity to a widened 1-5 « Exhibit .#2 - Cross section of the proposed plant in relation to traffic along a widened 1-5 « Exhibit #3 - Southwest view of how the site currently looks today « Exhibit #4 - Same view as Exhibit 3, but a simulation of how the site will look once the freeway is widened and the CECP is constructed As you may recall, both the CEC and City staff have been previously briefed by Caltrans with regards- to the proposed 1-5 expansion. During the course of that briefing, Caltrans highlighted that they have been working on that project since 2001 (public scoping meetings) and that the EIR contains several different widening scenarios. In preparing the above visual simulations, the City used schematics provided by both Caltrans the applicant. More recently, City staff has raised questions and concerns regarding the CECP's site layout and construction laydown areas in regards to the upcoming Vista/Carlsbad Sewer Interceptor Project (sewer project). This sewer project has been in development for the past five (5) years and represents a vital upgrade to the regional sewer infrastructure, which services a population of more than 150,000. In order to complete this upgrade, it is necessary .for the City to acquire October 7,2008 Mike Monasmith Page Two additional right-of-way (Visxtat Exhibit #5) on the CECP site. The City has submitted a number of data requests to the CEC regarding this issue in its September 11,2008 filing. 0 The City has and continues to express its deep concerns regarding the CECP arid the appropriateness of the project at that location. As the proposed site becomes more constrained on its east and western boundaries, the City's objections to the CECP's visual impacts persist. Please feel free to contact me if you have any questions at (760) 434-2893. Sincerely, Municipal Projects Manager JG:ad Enclosures; 5 cc: Proof of Service (Rev. 9/10/2008; electronic service only) City Manager Housing and Redevelopment Director Senior Planner Visual Exhibit 1 .'. COPY Visual Ex. ,t 2 o>u Freeway elevation' Power Plant tlevatlon Visual Exhibit 3 iv <•' JTM> '"\,,', f . 'c s COPY Visual Exk_.< 4 BEST COPY Visual Exlubit 5 tOO 200 • Rut400 CartstadMM. Interceptor S««r: ~X^- f^opowed M RlshK>f*»y G2 CawW {tail Trail Existing Utility E««m»rit{17.S7 - BtUrtng W Rlaht-of-twy Jgg Pfopc««J Power PlBntBulWins Footprint ooecJ Lift SWfon { ) Temporary WS ConttmcBen EMenwnt C3 PmpoMd PovwrPl»irt Site . v Temporary Conctractlon Ea»ment T COPY BEFORE THE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION OF THE STATE OF CALIFORNIA « 1516 NINTH STREET, SACRAMENTO. CA 95814 1-800-822-6228 - WWW.ENERQY.CA.GOV APPLICATION FOR CERTIFICATION FOR THE CARLSBAD ENERGY CENTER PROJECT Docket No. 07-AFC-6 PROOF OF SERVICE (Revised 9/10/2008) INSTRUCTIONS: AH parties shall 1} send an original signed document plus 12 copies OR2) mail one original signed copy AND e-mail tfie document to the web address below, AND 3} all panics shall also send a printed OR electronic copy of the documents that shall include a proof of service declaration to each of the individuals on the proof of service: CALIFORNIA ENERGY COMMISSION Attn: Docket No, 07-AFC-8 1516 Ninth Street, MS-15 Sacramento, CA 95814-5512 docKef@energy. state.ca.us APPLICANT David Lloyd Carlsbad Energy Center, LLC 1817 Aston Avenue, Suite 104 Carlsbad, CA 92008 DayjdJJoyd @.nrgenerov.com Tim Hemlg, Vice President Carlsbad Energy Center, LLC 1817 Aston Avenue, Suite 104 Carlsbad, CA 92008 Tlm.Hernig@.nrqenarQV.com APPUCANT'S CONSULTANTS Robert Mason, Project Manager CK2M Hill, Inc. 3 Hutton Centre Drive, Ste. 200 Santa Ana, CA 92707 robert. Mason@ch2fn.com Megan Sebra CH2M Hill, Inc. 2485 Natomas Park Drive, Ste, 600 Sacramento, CA 95833 Mea3n.Sebra(ai.ch2m.com COUNSEL FOR APPLICANT John A. McKlnsey Stoel Rives LLP 980 Ninth Street, Ste, 1900 Sacramento, CA 95814 jamckinsev@stQel.eom INTERESTED AGENCIES California ISO P.O. Box 639014 Folsom, CA 95763-9014 e-recipient@caJ3o.com City of Carlsbad Joseph Garuba, Municipals Project Manager Manager Ron Ball, Esq.. City Attorney 1200 Carlsbad Village Drive Carlsbad, CA 92008 i'garu@d.carlsbad.ca.us rball@ci.carlsbad.ca.us Allan J Thompson Attorney for the City 21'C*OrindaWay#314 Orinda.CA 94583 5*3 INTERVENORS Paul Kramer Hearing Officer California Unions for Reliabtetlnergy {"CURE") pkrarnertStenefsv.stataca.us Suma Pees-apati Marc D. Joseph Adams Broadwell Joseph & Cardozo Mike Monasmith 601 Gateway Boulevard, Suite 1000 Siting Project Manager South San Francisco, CA 94080 mmonasmi@enerqv.state.ca.us speesaoati@adartisbroadwell,com Dick Ratliff 'Center for Biological Diversity Staff Counsel c/o William B. Rostove dratliff@energy.state.ca. us EARTHJUSTICE 42617* St. 5th Floor Public Advisor's Office Oakland, CA 94612 pao@eneray.state.ca.us wrostov@earthjustice.org ENERGY COMMISSION JAMES D.BOYD Commissioner and Presiding Member ibQvd@enerqv.state.ca. us KAREN DOUGLAS Commissioner and Associate Member kldougJa@energy.3tate.ca.us DECLARATION OF SERVICE I. /WfejLt>yV:€& , declare fliat on *o/r*/o8 I deposited copies of the attached aee., in the United States mail at CouftsbM^gA with first-class postage thereon fully prepaid and addressed to those identified on tha Proof of Service list above. OR Transmission via electronic mail was consistent with the requirements of California Code of Regulations, title 20> sections 1209, 1209.5, and 1210. All electronic copies were sent to all those identified on the Proof of Service list above. i declare under penalty of perjury that trie foregoing is true and correct. Cabrillo Power 1 LLC 1817 Aston Avenue, Suite 104 Carlsbad, CA 92008 Direct Phone: 760.730.2144 October 29, 2008 Mr. Terry L. Smith Senior Civil Engineer City of Carlsbad Public Works Engineering 1635 Faraday Avenue Carlsbad, CA 92008-7314 Ref: Vista/Carlsbad Interceptor Sewer Replacement - Request for Easements Dear Mr. Smith: NRG West has reviewed your letter dated Septembers, 2008 and a separate letter from Scotl Donnell of the City's Planning Department dated September 10, 2008 to Mike Monasmith of the California Energy Commission regarding the City's request for easements for the Vista/Carlsbad Interceptor Sewer Replacement project. As you are aware, representatives of Cabrilio Power I LLC (Cabrillo Power), a subsidiary of NRG West, have met with the City on several occasions to discuss the City's request for new sewer lift station and sewer pipeline easements (collectively "Easements") to replace the existing sewer lift station and sewer pipeline on the Enci na Power Station property owned by Cabrillo Power and the needs of Cabrillo Power to ensure that the location of the replacement lift station and replacement sewer pipeline are compatible with the existing and future use of the Encina Power Station for the continued generation of electricity critical to the City and the region. Cabriilo Power believes that a mutually agreeable location for the replacement lift station and replacement sewer line can be achieved in accordance with the conditions of the Precise Development Plan (PDF 00-02) prior to occupancy of the Poseidon Desalination Plant. We look forward to continuing to work with the City to reach a mutually agreeable location for the lift station and the new sewer line. We also, however, are compelled to clarify and correct several aspects of your letter. First, we wish to clear up one statement. In your letter you state: "As you may recall, the previous owner off he Encina Power Station, Cabrillo Power, prepared a Precise Development Plan in partnership yvith Poseidon Resources for the Carlsbad Seawater Desalination Plant. " Please be advised that Cabrillo Power, as a subsidiary of NRG, was and is still the owner of the entire Encina Power Station. Most importantly, however, NRG is compelled to correct the inference that somehow the agreement to agree upon suitable Easements in the future in any way conflicts with or is even relevant to the Carlsbad Energy Center Project (CtiCP). The PDF 00-02 provisions for the Easements are unrelated to the CECP application pending before the California Energy Commission. POP 00-02 conditions expressly state the Easements are to Mr. Terry Smith Cabrillo Power Response lo City of Carlsbad's Request for Easements October, 29, 2008 Page 2 of4 be dedicated in mutually agreed upon locations prior to occupancy ofthc Poseidon Desalination Plant. The CECP Project does nol interfere with appropriately sized Easements and the Easements have no effect on the CECP operations. It is important that the complete context of the PDF 00-02, as approved by the City (Resolution No. 6088). be acknowledged by the City. Specially, Section 7.d. of the Findings of the PDF 00-02 states: "The Precise Development Plan PDP 00-02 is consistent with (he goals of the South Carlsbad Coastal Redevelopment Plan in that: d. Locating the Carlsbad Seawater Desalination Plant in a location that creates the least amount of constraints on any future conversion of the Encina po wer station facilitates the redevelopment of the Encina power generating facility lo a smaller, more efficient power generating plant. " Likewise, the applicable Specific Plan and the City's Redevelopment Plan also contain similar statements regarding the common goal of ultimately replacing the existing (older) Encina Power Station steam generating units with new generating facilities to be located on-site between the railroad tracks and Interstate 5. the exact location of CECP. Cabrillo Power notes that various City staff statements, documents and status briefings to the City Council, and statements by various City Council members over the last year seem to ignore the specific goals of the Specific Plan, the South Carlsbad Coastal Redevelopment Plan and Finding 7.d. of PDF 00-02 regarding the future conversion of the Encina Power Station to facilitate redevelopment of the Encina Power Station to a smaller, more efficient power generation facility. The findings and conditions of PDP 00-02 were determined to be of mutual benefit to the City and Cabri llo Power, and were the result of a productive relationship between lite City and Cabrillo Power as evident by Cabrillo Power's willingness to cooperatively work with the City during the creation of PDP 00-02 as the City's primary action approving the Poseidon Desalination Plant. Cabrillo Power is willing to meet its obligations under PDP 00-02; we trust and expect that the City will likewise meet its obligations under PDF 00-02. Regarding the specific lift station/sewer line Easements (as well as possible future the Coastal Rail Trail easement), Conditions 16.d. and 16.e. of PDP 00-02 state as follows: "I6.d. Coastal Rail Trail - Prior tu occupancy (i.e., of the Poseidon desalination plant], dedicate an easement for the Coastal Rail Trail in a location within the boundaries of the Precise Development flan that is mutually acceptable to the City and Owner [i.e., Cabrillo Power] or its successor in interest. " [Emphasis added] "I6.e. AguaJledionda Lift Station Site and Vista-Carlshad Interceptor Sewer Pipeline Prior to occupancy (i.e., of the Poseidon desalination plant), dedicate an easement for the Agua Hedionda Lift Station Site and Yista-Carisbad Interceptor Sewer Pipeline in a location within the boundaries of the Precise Development Plan that is mutually acceptable to the City and the Owner [i.c, Cabrillo PowerJ or its successors in interest." [Emphasis added] First and foremost, the phrase "...that is mutually acceptable to the City and the Owner... " in'both Conditions 16.d. and 16.c., is key to the discussion between the City and Cabrillo Power regarding the ultimate location and size/width of the Easements to be dedicated by Cabrillo Power at a later dale. Both parties must mutually agree to the location and size of the easements which should not interfere with the Mr. Terry Smith Cabrillo Power Response to City of Carlsbad's Request for Easements October, 29, 2008 Page 3 of4 ".. .the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant" pursuant to Finding 7.d. of PDF 00-02. Second, the timing of such dedication of mutually acceptable Basements is tied to "occupancy" of the Poseidon Desalination Plant, which Cabrillo Power understands to be at best 2 3 years away. PDP 00-02, Conditions 16.d. and 16.e. must also be read to be consistent with Finding 7.d. of PDF 00-02, as noted above that: "The Precise Development Plan PDP 00-02 is consistent with the goals of the South Carhhad Coastal Redevelopment Plan in that: d. Locating the Carlsbad Seawater Desalination Plant in a location that creates the lea.it amount of constraints on any future conversion of the Enema power station facilitates the redevetupmenl of the Encina power generatingfacility to a smaller, more efficient power generating plant. " Therefore, the location and size/width of the mutually agreeable replacement Easements to be dedicated by Cabrillo Power to the City for the Coastal Rail Trail and the sewer lift station/sewer easement must minimise constrai nts on any future conversion of the Enc ina Power Station to a smaller more efficient power generating plant, i.e., the Carlsbad Energy Center Project, in order to be consistent with Finding. 7.d. of PDP 00-02. As to the issue of the timing of the dedication of the Easements prior to occupancy of the Poseidon Desalination Plant, the term "occupancy" has a specific meaning in the City's codes and typically is related to when the City building inspector grants the owner of a facility, in this case the Poseidon Desalination Plant, the right to occupy and use the facility for its permitted use following completion of construction. Third, there is no specific or implied interrelationship in PDP 00-02 and Conditions 16.d. arid I6.e. regarding the joint location of the interceptor/sewer line Easements to be dedicated and the possible future Coastal Rail Trail easement dedication. The Coastal Rail Trail ultimate route is entirely separate from the Easements and should not be co-located with the Easements, nor is it acceptable to Cabrillo Power to link the discussion of a mutually acceptable easement location for the Coastal Rail Trail to the discussion of the mutually acceptable location for the Basements. Cabrillo Power has suggested alternative locations for the Coastal Rail Trail to avoid the outer/middle lagoon rail bridge and rail right-of-way; instead bringing the trail along the northern edge of the outer lagoon to Carlsbad Boulevard, then connecting back at Cannon Road. Regarding the size of the Easements proposed by the City for the sewer interceptor pipeline, in the City's letter dated September 5, 2008, it is noted by that an additional 20-foot easement is required adjacent to the City's existing 17.5-foot wide sewer easement. This would result in a combined easement of 37.5 feel. In accordance with the Cily Standards- Chapter 1 General Design Criteria No. 10, whileapublic easement for two facilities is 30-feet "unless a lesser width is specifically authorized by the City Engineer ", not the 37.5 feet noted in the September 5,2008 letter. Further, Cabrillo has always understood that the Easements were to provide replacement facilities, whereas the City's letters seem to suggest the new facilities would be in addition to the existing lift station and sewer pipeline. Unnecessary duplicative facilities and multiple easements are ijot acceptable to Cabrillo and are not provided for in the PDP 00-02 Conditions. At this time, Cabrillo Power does not find the City's proposed additional 20-foot easement, combined with the existing 17.5-foot easement to be acceptable. Regarding the size and configuration for the sewer replacement lift station permanent easement and the construction laydown area temporary easement shown on Exhibit A of the September 5,200R letter, both of Mr. Terry Smith Cabrillo Power Response to City of Carlsbad's Request for Easements October, 29, 2008 Page 4 of4 these casements must be mutually agreeable in accordance with Condition 16.e. Neither the September 5, 2008 letter nor its Exhibit A, provide sufficient information regarding the rationale or requirements for the size of the permanent easement or the temporary easement for Cabrillo Power to determine if these lift station easements are acceptable. As PDF 00-02 Condition 16.e. must be read to compliment Finding 7.d. (sec above), the location and size of the permanent and temporary easements for the sewer lift station must minimize conflicts to any future conversion of the Encina Power Station to a smaller more efficient power generating plant, which includes the Carlsbad Energy Center Project in order to be consistent with Finding 7.d. of PDF 00-02. Cabrillo Power and the City have mutually benefited by a productive relationship as evident by Cabrillo Power's willingness to cooperatively work with the City during the PDF 00-02 proceedings which was a prerequisite of the City's desire to approve the Poseidon Desalination Plant. As the primary purpose of PDP 00-02 was to approve the desalination plant, the various conditions of PDD 00-02 are tied to "occupancy" of the Desalination Plant, not as independent obligations in connection with any subsequent repowering projects, such as the Carlsbad Energy Center Project. We trust that the City is also willing to continue to work in a productive and cooperative way to resolve mutually acceptable Easements locations and configuration so that important projects such as the replacement lift station, replacement sewer interceptor pipeline line and the Carlsbad Energy Center Project at the Enema Power Station can timely move forward to the mutual benefit of the City, Cabrillo Power and the community. Sincerely, Cabrillo Power I LLC Tim Hcmig Director, Environmental Business Attachment: Planning Commission Resolution No. 6088 - Precise Development Plan (POP) 00-02 cc: Mike Monasmith, California Energy Commission Lisa Hildabrand, City Manager, City of Carlsbad Scott Donn-ell, City of Carlsbad Planning Department. Joe Oaruba, Municipal Projects Manager, City of Carlsbad J I O C L S8U Nii«h Slice;, Sulk- . D I \ / C C S.Kfjltttri!,). Cali!,wnl.l 'J5SI-Ir\ i v L j ,,I6 .WTUWHP ATTORNtVS AT LAW ALLISON D. COOK Direct (916) 3I9--I759 adcook@stoel.com October 30, 2008 VIA HAND DELIVERY AND PER PROOF OF SERVICE J. Mike Monasmith Siting Project Manager California Energy Commission 15 16 Ninth Street Sacramento, CA 95814 Re: Carlsbad Energy Center Project (07-AFC-6) City of Carlsbad Request for Easements for Vista/Carlsbad Interceptor Sewer Replacement Project Dear Mr. Monasmith: On behalf of Carlsbad Energy Center LLC, please find enclosed for docketing correspondence to Terry Smith, Senior Civil Engineer for the City of Carlsbad, regarding the City's requests for easements for the Vista/Carlsbad Interceptor Sewer Replacement project over Cabrillo Power I LLC's real property, including the proposed site for the Carlsbad Energy Center Project, This letter will be provided to all parties identified on the attached proof of service. Respectfully submitted, Allison D. Cook Enclosure cc: See attached Proof of Service PwtlmO-i647593.1 0035-134-00009 £30 BEFORE THE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION OF THE STATE OF CALIFORNIA APPLICATION FOR CERTIFICATION FOR THE CARLSBAD ENERGY CENTER PROJECT Docket No. 07-AFC-6 PROOF OF SERVICE (Revised 10/30/2008) Carlsbad Energy Center Project (07-AFC-6) City of Carlsbad Request for Easements for Vista/Carlsbad Interceptor Sewer Replacement Project CALIFORNIA ENERGY COMMISSION Attn: Docket No. 07-AFC-6 1516 Ninth Street, MS-15 Sacramento, CA 95814-5512 dockettSerterqy.state.ca.'us APPLICANT David Lloyd Carlsbad Energy Center, LLC 1817 Aston Avenue, Suite 104 Carlsbad, CA 92008 David. Llovd@nrqenergy.cofn Tim Hemig, Vice President Carlsbad Energy Center, LLC 1817 Aston Avenue, Suite 104 Carlsbad, CA 92003 Tim.Hemio@nrQenergy.com APPLICANT'S CONSULTANTS Robert Mason,.Project Manager CH2M Hill, Inc. 3 Button Centre Drive, Ste. 200 Santa Ana, CA 92707 robert.Mason{a)ch2m.com Megan Sebra CH2M Hill, Inc. 2485 Natomas Park Drive, Ste. 600 Sacramento, CA 95833 Megan.Sebra@ch2m.com COUNSEL FOR APPLICANT John A. McKinsey Stoel Rives LLP 980 Ninth Street, Ste. 1900 Sacramento, CA 95814 iamckinsev@stoel.com INTERESTED AGENCIES California ISO P.O. Box639014 Folsom, CA 95763-9014 e-recipient(ajcaiso,com City of Carlsbad Joseph Garuba, Municipals Project Manager Ron Ball, Esq., City Attorney 1200 Carlsbad Village Drive Carlsbad, CA 92008 jqaru.@ci.carisbad.ca. us rball@ci.carlsbad.ca.us Allan J Thompson Attorney for the City 21"C"OrindaWays314 Orinda, CA 94563 PorihnO-l(>!6065.1 51 / IhiTERVENORS California Unions for Reliable Energy ("CURE") Suma Peesapati Marc D. Joseph Adams Broadwell Joseph & Cardozo 601 Gateway Boulevard, Suite 1000 South San Francisco, CA 94080 speesapaU@adamsbroadwell.com Center for Biological Diversity c/o William B. Rostove EARTHJUSTICE 42517th Street, 5th Floor Oakland, CA 94612 wrostov@earthiustice.prg Rob Simpson Environmental Consultant 27126 Grandview Avenue Hayward, CA 94542 510-909-1800 rob@redwoodrob.com ENERGY COMMISSION Dick Ratliff Staff Counsel dratliff@energy.state.ca.us Public Advisor's Office pao@energy.state.ca. us JAMES D. BOY D Commissioner and Presiding Member jboyd@enerqy.state.ca. us KAREN DOUGLAS Commissioner and Associate Member kidougla@enerqy.state.ca.us Paul Kramer Hearing Officer pkramer @energ y .state.ca. us Mike Monasmith Siting Project Manager mmonasmi@energy.state_._ca_.us DECLARATION OF SERVICE I, Maria R. Davis, declare that on October 30,2008,1 deposited copies of the attached document in the Unite'd States mail at Sacram&nto, California, with first-class postage thereon fully prepaid and addressed to those identified on the Proof of Service list above. OR Transmission via electronic mail was consistent with the requirements of California Code of Regulations, title 20, sections 1209, 1209.5, and 1210. All electronic copies were sent to all those identified on the Proof of Service list above. I declare under penalty of perjury that the foregoing is true and correct. Maria R. Davis I'orllndj-1646063.! 0035-134-00009 Jayme Foster From: Ross, Ronald [rross@BrwnCald.com] on behalf of Ross, Ronald Sent: Tuesday, December 02, 2008 2:00 PM To: david.lloyd@nrgenergy.com Subject: Geotechnical Borings (Cabrillo Power Tank Farm) Attachments: Property Owner Consent Form.pdf; NRG Boring Figure.pdf David, Please find attached is the property owner consent form for DEH and the locations of the proposed borings within the tank farm. Thank you for time and assistance. Respectfully, TZtrwt AZffijL ~P.ZL, 9665 Chesapeake Drive, Suite 201 San DSego, California, 921 23 (858) 514-8822 (office) (858) 571-6719 (direct) (858) 51 4-8833 (fax) 533 GARY W. ER8ECK DEPARTMENT OF ENVIRONMENTAL HEALTH JACK MILLER LAND AND WATER QUALITY DIVISION ASSISTANT DIRECTOR P.O. BOX 129281, SAN DIEGO. CA 92112-9281 S19-338-2222/FAX 819-338.2315/1-800-253.9933 www.sdcounty.ca.gov/deWlwq PROPERTY OWNER CONSENT Proposed locations for subsurface work: Property Address: \ Assessor's Parcel Number (APN): g.\gQ ip. 4 JQQ ,t CA a\oo \oH3oo _, owner of the property/properties listed above, give my permission to .r\V.CSVJ|Q •f v^AQ \* (consulting company, contractor) to conduct the foifowing work at the locations ( stated above. n Install monitoring wells Q Destroy monitoring wells JL\ Drill f soil borings I understand that McV^\&£& (registered professional) of N\V\v|Q ^ V-AoOT-^, (consulting company) and an authorized signerfor sJj^Qlfi p\rx WKg\ (drilling company) have submitted a signed application to the Department of Environmental Health iri which they have agreed to complete the above-stated work according the requirements of the current SAM Manual, all ordinances and laws of the County of San Diego and the State of California pertaining to well/boring construction and destruction, I have arranged with the Responsible Party, the person who causes to have monitoring wells/borings installed or existing weils destroyed on this property, to ensure proper closure of the monitoring walls/borings. \, •£ Property Owner Signature: * Date: Print Name: Company: Mailing Address; DEH:SAM-9503 (Rav. 5-07) 4^dS^^ '.. ' •" \ 1v£ JW* «**• LEGEND •(£• APPROXIMATE LOCATION OF PROPOSED BORING EXHiorrA NRG ENERGY BORING LOCATIONS AKJA hCOKUlOA UF1 STAtlON PREUUNARY CCSIGN «EPQRr CASLS8AO, OAljrOIMU HGCRE1 B Status Update Vista / Carlsbad Interceptor Sewer, Reaches VC11B - VC15 January S,2009 Status: o Project design is being advanced from preliminary design to 50% design. o Comments from Vista, EWA and Carlsbad O&M are being incorporated, o Surveying, utility research, aerial topo and base mapping are complete. o Soil borings have been completed except for NRG & SDGE property. o B&C to provide draft plan & profile drawings for review on 1-9-09. o Manhofes are currently being rehab'd. Major Project Elements: o Project will be divided into 3 construction contracts. • Bridge Replacement • Lift Station and Force Main Replacement • Construction of Relief Sewer in Avenida Encinas o A single CEQA document will be prepared for the combined project. CEQA will begin once 50% design is complete o Permits will be obtained on an individual project basis. The Planning Department will ask the Council to waive the requirement to Update SP144. o Bridge design will accommodate future use as Coastal Rail Trail Project issues and Constraints: o NRG has been slow to respond. We are trying to get permission to do soils investigation on NRG property. o Correspondence with NRG and SDGE is on-going to acquire easements. x - !. , .-i ./ • -r-v- /~vr j-'! I / ^ J O cl 3 i ' " ^^^^K^f^ January 7, 2009 Mr. Peter MacLaggan Poseidon Resources 501 W. Broadway, Suite 1260 •San Diego, CA 9210! POP 00-02/CARLSBAD DESALINATION PLANT - CONDITIONS 16D AND 16E OF PLANNING COMMISSION RESOLUTION 6088 Dear Mr. MacLaggan: The City is preparing improvement plans for three important projects affecting the Encina .Power Station and requiring action by Poseidon Resources, Ihese projects - the Coastal Rail Trail, Agua Hedionda Lift Station, and Vista-Carlsbad Interc'eptor Sewer Pipeline - require easements across power plant properly. As explained below, conditions placed on the desalination plant approval call for Poseidon Resources to cause Cabriilo Power to make offers of deciicytions for the easements. More information about the projects and easements are contained in the attached September 2008 correspondence from the City to NRG West. Conditions 15d and 16e of Planning Commission Resolution 6088. the resolution approving Precise Development Plan POP -00-02, state the following- 16. Prior to issuance of grading or building permits for the desalination piant, Developer shall cause Owner or its successor in interest to make an irrevocable offer of dedication tc the City and/or other appropriate entities for ail public streets, lands: and eassmervts shown on the Precise Development Plan listed below, except as otherwise provided in the Precise Development Plan The offer shall be made by a separate document. A!! land so offered shall be offered free and clear of a!! liens and encumbrances anci wjthout cost. Streets that are already public are not required to be reded icatecl. d. Coastal Rail Trail - Prior to occupancy, dedicate an easement for the Uoastal Kail Trail in a location within the boundaries of the Precise Development Plan that is mutually acceptable to the City and Owner or its successor in interest. e. Agua Hedionda Lirt Station Site and Vista-Carlsbad Interceptor Sewer Pipeline - Prior tc occupancy, dedicate an easement for the Agua Hedionda Lift Station Site and Vista-Carlsbad interceptor Sewer Pipeline in a location within the boundaries of the Precise Development Plan that is mutually acceptable to the- City and Owner or its successors in interest. January 7, 2009 POP 00-02/CA-RLSBAD DESALINATION PLAMT - CONDITIONS 16D AMP 16E OF PLANNING COMMISSION RESOLUTION 6088 Page 2 In the above, "Developer" is Poseidon Resources Channeiside LLC and "Owner" is Cabriilo Power. Resolution 6083 is attached, While the above conditions note they are to be fulfilled before desalination plant occupancy, the three projects have advanced to the point that easement dedication is appropriate now. Therefore, city staff respectfully requests Poseidon Resources, if it has yet to do so, begin discussion on fulfilling these conditions with Cabriilo Power. We appreciate your assistance. Please contact me if you have any questions or would like to meet, i can be contacted at (760) 602-2765 or tsm it@ci. ca rls-bad .cans Sincerely TERRY I. SMITH Senior Civil Engineer c: Scott Donnell. Senior Planner Joe Garuba, Municipal Projects Manager Jayme Foster From: Terry Smith [TSmit@ci.carlsbad.ca.us] Sent: Thursday, January 15, 2009 5:36 PM To: david.lloyd@nrgenergy.com Cc: Ross, Ronald Subject: Vista Carlsbad Interceptor Sewer Meeting Follow Up Flag: Follow up Flag Status; Flagged David, I will be out of the office on Friday and Monday, but I would like to set up a meeting with you for next week. I am available anytime Tuesday through Friday, except for 7:30 to 9:30 on Tuesday. Ron Ross from Brown and Caldwell will be attending also. Please copy Ron on your response to this e-mail so that he can plan to attend. Thanks, Terry L. Smith Senior Engineer City of Carlsbad - Public Works Engineering 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-2765 tsmit@ci. carlsbad. ca. us Jayme Foster From: Ross, Ronald [rross@BrwnCald.com] on behalf of Ross, Ronald Sent: Friday, January 23, 2009 3:04 PM To: david.lloyd@nrgenergy.com Subject: Geotechnical Borings (Cabrillo Power Tank Farm) Attachments: Property Owner Consent Form.pdf David, Please find attached is the property owner consent form for DEH for the proposed borings within the tank farm. Thank you for time and assistance. Respectfully, Jlcnx. TZcrtUL P.<£!. 9665 Chesapeake Drive, Suite 201 San Diego, California, 92123 (858) 514-8822 (office) (858) 571-6719 (direct) (858) 51 4-8833 (fax) GARY W. ERBECK DEPARTMENT OF ENVIRONMENTAL HEALTH , ^,i^^'L!;ER 01RECTOR LAND AND WATER QUALITY DIVISION ASS'STANT °IRECTOR P.O. BOX 12926-f. SAN DIEGO. CA 92112.9251 619-338-2222/FAX 61 9-338-231 S/1 -8 00 -253-9933 www.sdcounty.ca.goWdah/Iwq PROPERTY OWNER CONSENT Proposed locations for subsurface work: Property Address: v Assessor's Parcel Number (APN): CA p( , owner of the property/properties listed above, give my permission to (consulting company, contractor) to conduct the following work at the locations stated above. n Install monitoring weils CD Destroy monitoring wells jp prill "°*1 soil borings I understand that MoV^ygxHw (registered professional) of H\Vy--l<-? ' V-AQQT-^ {consulting company) and an authorized signerfor vj^oOfe 0vK \\1 \4 (drilling company) have submitted a signed application to the Department of Environmental Health in which they have agreed to complete the above-stated work according the requirements of the current SAM Manual, ail ordinances and laws of the County of San Diego and the State of California pertaining to well/boring construction and .destruction. I have arranged with the Responsible Party, the person who causes to have monitoring wells/borings installed or existing wetls destroyed on this property, to ensure proper closure of the monitoring wells/borings. V XProperty Owner Signature: \_ Date:; Print Name: £ Title: Company: c Waiting Address: ^ DEH:SAM-9503 (Rev. 5-07) Jayme Foster From: Terry Smith [TSmit@ci.carlsbad.ca.us] Sent: Friday, January 23, 2009 2:35 PM To: David.LLoyd@nrgenergy.com Cc: Ross, Ronald Subject: Approval for Soils Investigation Follow Up Flag: Follow up Flag Status: Flagged David, Thanks for taking the time to meet with us yesterday. I appreciate your cooperation during this somewhat difficult period between NRG and the City. I am hopeful that we can get your approval (signed forms for the County) sometime next week so that the soil borings can be performed in early February. If you have any questions or further concerns, please contact Ron Ross in my absence. I will be out of the office on Monday and Tuesday next week. Thanks, Terry Smith Terry L. Smith Senior Engineer City of Carlsbad - Public Works Engineering 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-2765 tsmit@ci.car!sbad.ca.us tv of Carlsbada^ nil |i.i ij inmmirnimiii imn iiiiiinmrnirnmmirTrTniiiTiini^^G:i'ty Itfl a ri a g e.rr January 30, 2009 Mr. Mike Monasmith Siting Project Manager California Energy Commission 15-16 Ninth Street, MS-15 Sacramento, CA 95814 RE: City of Carlsbad Comments on Preliminary Staff Assessment of Carlsbad Energy Center Project (07-AFC-6) Dear Mr. Monasmith: The City of Carlsbad submits the following comments on the California Energy Commission's Preliminary Staff Assessment (PSA) of the Carlsbad Energy Center Project (CECP). For ease of use, issues raised in this letter are presented in the same order as the PSA. Page numbers (example 1-1) are referenced where appropriate. If you have any questions regarding the issues the City raises please do not hesitate to contact me at (760) 434-2820 or at jgaru@ci.carlsbad.ca.us. Respectfully, 'Joe Garuba Municipal Projects Manager City of Carlsbad Enclosure JG/ad c: Proof of Service List (Rev. 1/12/2009) 1200 Carlsbad Village Drive « Carlsbad, CA 92008-1989 « (760) 434-2821 * FAX (760) 720-9461 January 30, 20O9 City of Carlsbad Comments on CECP PSA (Q7-AFC-6) CECP inconsistent with ail applicable land use laws, ordinances, regulations, and standards. 2-3: Agency Coordination The !ist of agencies with applicable LORS needs to include the City of Carlsbad, Since the release of the PSA, the CECP has been directed by CEC staff to submit project information incorporating Caltrans widening of Interstate 5. This information will undoubtedly affect areas such as Visual Impacts, Worker Safety, Noise, and Air Quality (depending on mitigation). The City looks forward to the Applicant's response to this request and will provide additional comments/questions once the CEC staff has an opportunity to review and analyze Applicant*s response. Project Description - Section 3 3-1: Parcel size is not 23 acres but 32 acres. 3-1: Please include a comprehensive site plan which contains the boundaries of the widened !-5 Freeway, the proposed CECP, and the expanded Carlsbad-Vista Sewer Interceptor facility. 3-2: Please reflect that the Applicant Is a merchant power provider and as such has the ability to sell power to anyone, not just SDG&E. Also, please reflect that at the time of the PSA comment deadline, NRG still has not secured a power purchase agreement with SDG&E. 3-2: Schedule seems overly optimistic. Pfease reflect a more realistic schedule, such as: 2nd Quarter 2010 — CECP construction begins (30-36 months, including demolition) 2nd Quarter 2013 - CECP Startup and Testing 3-3: Capital cost of $440 million appears to be low. Please verify capital cost of project. 3-3: Water discussion is not accurate. As has been stated on numerous occasions, the City of Carlsbad does not currently have the reclaimed water capacity available to supply the proposed CECP (see Clarification of Carlsbad Municipal Water District Reclaimed Water Supply, dated February 20, 2008). Please reflect that the Applicant's proposed desalination water is the ONLY supply of industrial water for the CECP. 3-3: Use of the City's sewer system for industrial wastewater discharge is not considered an option. Please reflect that the Applicant's only source for industrial wastewater discharge is use of the existing EPS ocean outfali. Page 3 of 45 January 30,2009 City of Carlsbad Comments on CECP PSA (07-AFC-6) 3-4: The summary discussion on Zoning/General Plan ignores the requirements of the South Carlsbad Coastal Redevelopment Area (SCCRA) Plan which applies from a land use regulatory standpoint. The Redevelopment Plan indicates that electrical power- generating facilities are only permitted if the findings of extraordinary public purpose are made by the legislative body. Please explain why the requirements of the SCCRA Plan were not considered in the analysis. 3-4: In the fist of other project-related features and facilities, include the planned 138 kV switchyard relocation shown on Figure 3 and the transmission lines considering their prominence (nine poles with heights between 74 and 100 feet). 3-5: ' Noteworthy Public Benefits The summary discussion on public benefits indicates that the project will accomplish a brownfield redevelopment of an existing power plant for a net increase in electrical capacity. Please explain and/or clarify the meaning of this public benefit from the CEC's perspective. City staff does not believe that the proposed project accomplishes brownfield redevelopment because the industrial use is being continued and there is no guarantee that the existing power plant will ever be demolished and the site redeveloped. From the City's perspective, the proposed- project only intensifies an industrial use on the site and accomplishes no redevelopment. While increased or reuse development on an inland brownfield site may be in the best interests of the state, increased industrial intensification in a prime coastal location is not in the public's interests. 3-8: Project Description - Figure 3 This figure is difficult to read because of its small size and amount of detail. It would be a more helpful exhibit with these changes: • Please enlarge the exhibit size (e.g., to a fold-cjut 11"x 17" exhibit) • Label and, as necessary, identify relevant adjacent features, such as the lagoon, the widened !-5, the expanded Carlsbad-Vista Interceptor Sewer and lift station, the Coastal Rail Trail, Carlsbad Seawater Desalination Plant, homes in the adjacent Terramar development, and the West Resort 9 Use uniform, larger, and bold street name fonts Environmental Assessment Air Quality - Section 4,1 The City provided extensive comments to the San Diego Air Pollution Control District (SDAPCD) on its Preliminary Determination of Compliance (PDOC) and has docketed those comments with the CEC. Since the release of the PSA, the CECP has been directed by CEC Staff to submit project information incorporating Caltrans widening of Interstate 5. This information will Page 4 of 45 January 30, 2009 City of Cartsbad Comments on CECP PSA (07-AFC-6) Sewer, Agua Hedionda Lift Station and 1-5 widening projects as "foreseeable," meaning they are due a comprehensive analysis. While the PSA analyzes the compatibility of these projects with the proposed CECP from a land use perspective, it fails to provide a comprehensive analysis of compatibility. This is important as components of a project of note may render as infeasible a feature or mitigation measure of the proposed CECP. It is not also possible to determine compliance with dimensional requirements, such as setbacks, of the Precise Development Plan. As the PSA does not provide any analysis from a spatial perspective, it is not possible to know how the proposed CECP would "fit" with the projects of note and with land use regulations. Additionally, the PSA fails to consider the impacts the projects of note may have on critical aspects of the proposed CECP and vice versa, including in the areas of Visual Resources, Traffic and Transportation, Noise and Vibration, and Hazardous Materials. The PSA also needs to fully report,on cumulative impacts that may result from construction of the projects of note simultaneously with the proposed CECP. To help demonstrate compatibility, the PSA must include at a minimum a fully dimensioned and scalable site plan(s) to legibly show how the proposed CECP would "fit* with the projects of note. In addition to the CECP, the plan needs to include the proposed new and relocated switchyards and CECP improvements proposed west of the railroad tracks. The plan needs to show dimensions between critical features, such as the distances from the proposed CECP improvements to the proposed Interstate 5 right of way (widened condition), the proposed Vista Carlsbad Interceptor Sewer easement, the, proposed Agua Hedionda Lift Station, and the existing West Resort b. The approved Carlsbad Seawater Desalination Plant (CSDP) has intake and discharge pipelines to the EPS ocean outfall. Similar outfall pipelines of the proposed CECP may conflict with those of the approved project. Be advised as we!! that the CSDP proponent has submitted a Consistency Determination application to the City to make changes to the CSDP. The ' changes including a realignment of the plant in a north-south direction, so it extends parallel with the railroad tracks and in the location where proposed -CECP outfall intake and discharge pipelines are planned to cross. c. City staff does not agree with the following sentence from 4.5-37 Page 25 of 45 Page 1 of2 Terry Smith - RE: Approval to Perform Soil Borings From: Terry Smith To: Lloyd, David Date: 02/19/2009 12:46 PM Subject: RE: Approval to Perform Soil Borings CC: Hemig, Tim David, A response letter has been bouncing around here for a number of weeks as everyone puts in their comments. I am told the letter should go out next week. The letter is primarily coming from the Planning Department since most of the issues raised were issues related to PDF 00-02.These issues need to be addressed and resolved before we can expect to acquire easements from you; however, I was hoping that we would be able to at least proceed with our geotechnical'investigation. We are probably not going to resolve the larger issues in a few weeks time because of the other issues between the City and NRG. If we only had engineering issues to resolve, 1 am sure we could resolve those in short meeting. As I told you in our last meeting, when the City's consultant has laid out a plan & profile that is constructable and acceptable to our O&M staff, we will know if we can back-off on the amount of easement we need. I know we need a minimum of 10-fcct, but at this point I can't back-off from the 20' we requested. I expect to have a plan & profile some time next month that we can all review. The 9' utility tunnel has caused us a number of problems that we are working through. ould be glad to come over tomorrow and answer any questions you may have about our easement needs and -Jlity layout. At this point in time, I only need your approval as owner to sign the County's form so that we can perform the soil borings on your property. Most of the borings are located in our current easement. As we discussed in our last meeting, we will certainly comply with any safety meetings that need to occur before our driller accesses your site. I hope you will reconsider your position on the issue of granting access for our soils investigation prior to resolving the larger issues. If you have any further questions, please call me. Terry L. Smith Senior Engineer City of Carlsbad - Public Works Engineering 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-2765 tsrnit@ci.carlsbad,ca.us >» On 02/19/2009 at 11:41 AM, in message <AA9F67950F82AC488BD618AlA548888A0452BDlC@HQ2K3MAlL02.nrgenergy.com>, "Lloyd, David" <David.LLoyd@nrgenergy.com> wrote: I am reminded that we have not had a response to the letter sent several months ago - a copy is attached. Drilling in the additional sewer line easement area is a problem until we solve the larger issues. David Lloyd NRG West 1817 Aston Avenue, Suite 104 Carlsbad, CA 92008 Cell: 760-535-2058 Office: 760-710-2147 fi!e://C:\Documents and SettingsYTsmitYLocaJ Settings\Temp\XPGrpWise\499D54AFGW-DomainPO-F... 02/20/2009 Page 2 of2 Fax: 760-918-0310 From: Terry Smith [mailto:TSmit@ci.carlsbad.ca.us] Sent; Thursday, February 19, 2009 11:09 AM To: Lloyd, David Subject: Approval to Perform Soil Borings David, Please keep me posted on your progress with this issue. I am hoping that we can resolve this issue by the end of next week so that I can get the driller out there by the 2nd week of March at the latest. Let me know if there is anything I can do to help expedite the process. Thanks, Terry L. Smith Senior Engineer City of Carlsbad - Public Works Engineering 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-2765 tsmit@ci.carlsbad.ca.us file://C:VDocuments and Settings\Tsinit\Local Settings\Temp\XPGrpWIse\499D54AFGW-DomainPO-F... 02/20/2009 of Carlsbad Public Worksl February 19; 2009 Tim Hemig Director, Environmental Business Cabrillo Power I LLC Suite 104 1817 Aston Avenue Carlsbad, CA 92008 SUBJECT: EASEMENTS FOR VISTA/CARLSBAD INTERCEPTOR SEWER PIPELINE, AGUA HEDIONDA LIFT STATION, AND COASTAL RAIL TRAIL Dear Mr. Hemig: Thank you for your letter of October 29, 2008, regarding the Vista/Carlsbad Interceptor Sewer Replacement project as it relates to the proposed Carlsbad Energy Center Project (CECP). The letter responds to a September 5, 2008, letter to you from Terry Smith, Senior Civil Engineer, on the same subject. We appreciate the clarification thai Cabrillo Power I LLC (Cabrillo Power) remains the owner of the entire Encina Power Station. The City also acknowledges, as your letter notes, the several cooperative meetings over the past years in which we have discussed the replacement of the Vista/Carlsbad Interceptor Sewer Pipeline and the Ague Hedionda Lift Station, the development of the Coastal Rail Trail (CRT), and the need for easements (collectively "Easements"} for these three projects. City staff appreciates this cooperation and looks forward to a continued productive relationship. It is necessary to respond to and clarify several points raised in your October 29 correspondence, and that is this letter's purpose. Specifically, our response will address: 1. The primary purpose of Precise Development Plan PDP 00-02; 2. The relevance of PDP 00-02 conditions of approval to the proposed CECP, particularly with regard to the needed Easements; 3. The relevance of the Easements to the CECP; . 1635 Faraday Avenue * Carlsbad. CA 92OO8-7314 • (76O) 6O2-273O • FAX (760) 6O2-8562 Easements for Vista/Carlsbad Interceptor Sewer Pipeline, Agua Hedionda Lift Station, & Coastal Rail Trail February 19, 2009 Page 2 4. The Redevelopment Plan goal to facilitate the redevelopment of the existing power plant and the relationship of the Easements and the proposed CECP to this goal; and 5. Siting possibilities and constraints for the CRT. Each of these five items is addressed below. 1. The primary purpose of Precise Development Plan PDP 00-02. Your letter states the primary purpose of PDP 00-02 was to approve the desalination plant proposed by Poseidon Resources Channelside LLC and approved by the City in 2006. PDP 00-02 actually had two primary purposes: First, as stated in the introduction to the approved PDP document, "the [PDP] is intended to serve as an information and regulatory document to meet the City's zoning requirements for the Public Utility Zone as the zone applies to the Encina Power Station (EPS)." Second, as the introduction also notes, "the PDP is also the primary approval process for the Carlsbad Seawater Desalination Project..." Zoning Ordinance Section 21.36.030 states in part that "no building permit or other entitlement for any use in the P-U zone shall be issued until a precise development plan has been approved for the property." Approval of PDP 00-02, therefore, was necessary to enable Cabrillo Power to obtain permits for any improvements at the EPS, regardless of the desalination plant. Finally, Cabrillo Power's original submittal of PDP 00-02 in September 2000 did not include the desalination plant or any other development plan. The document was first submitted to provide baseline information on existing EPS structures and meet the above stated Zoning Ordinance requirements, among other things. Not until May 2002 was the PDP 00-02 application amended to include the desalination plant. 2. The relevance of PDP QO-Q2 conditions of approval to the proposed CECP. At the bottom of the first page, your letter states "the PDP 00-02 provisions for the Easements are unrelated to the proposed CECP application pending before the California Energy Commission." Further, a sentence in the letter's final paragraph concludes, "...the various conditions of PDP 00-02 are tied to "occupancy" of the Desalination Plant, not as independent obligations in connection with any subsequent repowering projects, such as the Carlsbad Energy Center Project." City staff disagrees with your interpretation. Requirements for the Easements, as well as other requirements outlined in the PDP 00-02 conditions, are indeed related to the proposed CECP and any other potential development at the EPS besides the desalination plant. Although some PDP 00-02 conditions are tied to the permitting or occupancy of the desalination plant and/or involve the plant's applicant, Poseidon Resources, those conditions also obligate Cabrillo Power, the EPS owner and PDP joint applicant with Poseidon Resources. -go Easements for Vista/Carlsbad Interceptor Sewer Pipeline, Agua Hedionda Lift Station, & Coastal Rail Trail February 19,2009 Page 3 : Additionally, several other PDF 00-02 conditions do not involve the desalination plant or Poseidon Resources and are solely obligations of Cabrillo Power. Conditions 17i) and 17ii), for example, requiring Cabrillo Power (or its successor in interest) to pay a drainage fee and construct a drainage facility "prior to the issuance of any grading or building permits for construction Within the Precise Development Plan area, other than the desalination plant..." All conditions discussed are contained in the City of Carlsbad's Planning Commission Resolution 6088. Conditions 16d., and 16e. of Resolution 6088 are listed below and require Poseidon Resources to cause Cabrillo Power to make irrevocable offers of dedication for the Easements: 16, Prior to issuance of grading or building permits for the desalination plant, Developer shall cause Owner or its successor in interest to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets, lands, and easements shown on the Precise Development Plan listed below, except as otherwise provided in the Precise Development Plan. The offer shall be made by a separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be rededicated. d. Coastal Rail Trail - Prior to occupancy, dedicate an easement for the Coastal Rail Trail in a location within the boundaries of the Precise Development Plan that is mutually acceptable to the City and Owner or its successor in interest. e. Agua Hedionda Lift Station Site and Vista-Carlsbad Interceptor Sewer Pipeline - Prior to occupancy, dedicate an easement for the Agua Hedionda Lift Station Site and Vista-Carlsbad Interceptor Sewer Pipeline in a location within the boundaries of the Precise Development Plan that is mutually-acceptable to the City and Owner or its successors in interest. In the abovej "Developer" is Poseidon Resources Channelside LLC, the desalination project applicant, and "Owner" is Cabrillo Power. Upon conditioning of PDP 00-02 in 2006, the City chose this "prior to occupancy" deadline merely to ensure the timely fulfillment of these important conditions as they provide dedication of easements for critical sewer infrastructure and a partially completed regional trail. Therefore, and contrary to what your letter appears to suggest, this deadline does not change the fact that dedication is an obligation of Cabrillo Power to fulfill and is certainly applicable to the proposed CECP. Furthermore, when the conditions were approved in June 2006, neither the proposed CECP nor any other project by Cabrillo Power or another entity had been proposed at the EPS to which the conditions could be Easements for Vista/Carlsbad Interceptor Sewer Pipeline, Agua Hedionda Lift Station, & Coastal Rail Trail February 19,2009 Page 4 attached. Finally, recognizing Poseidon Resources1 obligation per the conditions to cause Cabrillo Power to make the dedication offers, city staff has sent a letter to the company requesting its cooperation in securing the Easements per the conditions. 3. The relevance of the Easements to the proposed CECP, The above discussion clarifies the timing of, and responsibility to fulfill, the conditions requiring the Easements. In no way, however, do the conditions suggest the proposed CECP and Easements are unrelated. For context, condition 16d. requires an easement dedication of the Coastal Rail Trail, a bike/pedestrian path planned between Oceanside and San Diego. Condition 16e. requires dedication of easements for the sewer pipeline and lift station, which were constructed in the late 1960's and have either reached their usefiil life or are undersized to meet the future needs of the area. They are part of the critical sewer infrastructure serving tens of thousands of residents in Carlsbad and Vista and are jointly-owned by both agencies. For at least 5 years, Carlsbad has consulted with Cabrillo Power to plan the alignment of the CRT and to replace the sewer interceptor and lift station. As you are aware, this alignment is fairly constrained through the EPS property. These constraints are caused by the existing sewer and trail alignments to the north and south, existing power plant improvements, the approved desalination plant, Interstate 5, the railroad, and the lagoon. Of course, the existing sewer alignment is located within the proposed CECP site, just inside its west boundary, and the existing lift station is just north of the proposed CECP. In an effort to minimize impacts to the EPS, the City has identified the ability to co-locate the space needed for both the sewer pipeline and the CRT. More information on locating the CRT on top of the sewer pipeline is provided in item five below. Despite statements in your letter to the contrary, consideration of the Easements must occur with the planning of the proposed CECP because of the constraints and location of the existing sewer improvements noted above. Furthermore, in reviewing documents that your company has submitted to ihe California Energy Commis,sion (CEC), NRG reflects CECP components that are located on top of the Easements. Clearly this is not accurate and needs to be clarified for the CEC's deliberations so that improvements to the sewer system and CRT are not jeopardized. Additionally, it is imperative that the existing sewer facilities be replaced as soon as possible due to the age and poor condition of the system. This important sewer replacement project must remain on schedule and cannot be delayed by the process of acquiring easements without exposing the lagoon, area to an increased risk of a sewage spill. City staff looks forward to continued discussions with Cabrillo Power to finalize the dedication of the Easements. However, if these discussions do not occur in a timely manner, staff will recommend the City Council explore alternative ways of obtaining the required easements. SSL Easements for Vista/Carlsbad Interceptor Sewer Pipeline, Agua Hedionda Lift Station,, & Coastal Rail Trail February 19,2009 Page 5 4. The Redevelopment Plan goal to facilitate the redevelopment of the existing power plant and the relationship of the Easements and the proposed CECP to this goal A goal of the South Carlsbad Coastal Redevelopment Plan is "facilitating the redevelopment of the Encina power generating facility to a smaller, more efficient power generating plant." Your letter notes that to be consistent with this goal, the location and size/width of the Easements for the CRT and sewer pipeline and lift station must minimize constraints on the proposed CECP. To clarify, this Redevelopment Plan goal contemplated redevelopment, of replacement, of the existing power plant. It did not contemplate Carlsbad Energy Center LLC's proposal to develop an additional power plant (the proposed CECP) with no guarantee of existing power plant removal. Additionally, the goal is not site specific; while the currently proposed CECP location has been discussed as a likely place for a new power plant, no particular site was targeted by the Redevelopment Plan. Third, this particular goal must be balanced with other Redevelopment Plan goals. For example, "eliminating blight and environmental deficiencies in the Project Area" supports the need for replacement of sewer facilities that are outdated and inadequate to accommodate future growth. Finally, and as your letter concludes, the City and Cabrillo Power should continue cooperative discussions to determine mutually acceptable locations for the Easements. 5. Siting possibilities and constraints for (he CRT, Your letter sets forth Cabrillo Power's position that it is not acceptable to co-locate the CRT with the easements for the sewer pipeline and lift station and that the ultimate route of the trail is entirely separate from the easements for those facilities. Moreover, the letter suggests an alternative CRT routing that would avoid traversing the EPS. As its name implies, the Coastal Rail Trail was originally approved in conceptual form to parallel closely the railroad tracks between Oceanside and San Diego. However, as discussed in Planning Commission Resolution 6088, Finding 13, the CRT "...cannot be accommodated in its originally intended location within the North County Transit District Railroad right of way due to various reasons including space limitations, security, and safety concerns." Despite these limitations, it remains the intent of agencies planning and funding the CRT to locate the trail along and near the rail corridor as much as possible. In Carlsbad, parts of the CRT have been constructed north and south of the EPS. Since a railroad right of location is no longer feasible, the PDF identifies the CRT as "...an allowed and supported land use with the Precise Development Plan." It further goes on to describe an alignment that would cross the Agua Hedionda Lagoon on the existing bridge supporting the Vista Carlsbad Interceptor Sewer and then enter on and continue through the EPS property north to south along Interstate 5. Because this suggested alignment appears difficult to achieve due to contemplated freeway widening, the City's Engineering Department has identified that the Easements necessary for the Easements for Vista/Carlsbad Interceptor Sewer Pipeline, Agua Hedionda Lift Station, & Coastal Rail Trail February 19,2009 Page 6 Vista Carlsbad Interceptor Sewer replacement would be adequate to accommodate the CRT. Your letter suggests an alternate routing of the CRT that would avoid the EPS and thus an alignment within the PDF. This alternate would extend along the north shore of the lagoon, then south along Carlsbad Boulevard, and then east along Cannon Road to connect with the ori ginal, contemplated alignment of the CRT. ' This alternate route is unacceptable because it deviates from the desired alignment and would not be practicable to build. It would require crossing under the existing railroad and interceptor sewer bridges that traverse Agua Hedionda Lagoon, Further, locating the trail along Carlsbad Boulevard would require widening of two street bridges. Instead, development proposed at the EPS must accommodate the CRT in an alignment closely paralleling the tracks as intended. As stated in both our letters, the City looks forward to continue to work with Cabrillo Power in an effort to mutually achieve our goals. Along those lines, we will contact you within the next two weeks to schedule a meeting. In the meantime, if you have any questions of desire further clarification, please contact Terry Smith, Senior Civil Engineer at (760) 602-2765 or Scott Donnell, Senior Planner, at (760) 602- 4618. Sincerely, GLENN PRUIM DON NEU Public Works Director Planning Director c: Lisa Hildabrand, City Manager Ron Ball, City Attorney Debbie Fountain, Housing and Redevelopment Director Joe Garuba, Municipal Projects Manager JTciry/Sinitb,'§enJor CM1 Engineer* Scott Donnell, Senior Planner Jayme Foster From: Ross, Ronald [rross@BrwnCald.com] on behalf of Ross, Ronald Sent: Wednesday, March 11, 2009 3:22 PM To: david.lloyd@nrgenergy.com Cc: Terry Smith Subject: Geotechnical Borings (Cabrillo Power Tank Farm) Attachments: NRG Boring Flgure.pdf; Property Owner Consent Form.pdf David, Please find attached is the property owner consent form for DEH and the locations of the proposed borings within the tank farm Thank you for time and assistance. Please feel free to contact me or Terry Smith if you have any questions. Respectfully, 9665 Chesapeake Drive, Suite 201 San Diego, California, 92123 (858) 514-8822 (office) (858) 571-6719 (direct) (858) 514-8833 (fax) GARY W. ERBECK DEPARTMENT OF ENVIRONMENTAL HEALTH MCKMILLER OIRECTOR LAND AND WATER QUALITY DIVISION ASSISTANT 0fR£CTOR P.O. SOX 129281, SAN DieGO, CA 92112-9261 619-338-2222/FAX 619-338-2315/1-800-253 -9933 . www,sdcounify.ca.govWeWlwq PROPERTY OWNER CONSENT Proposed locations for subsurface work: Property Address: , . ^ \ Assessor's Parcel Number (APN): Mbb6Tdii:\5b^1D^t),)(^rl6b*\^ CA gJiooxoMaos _, owner of the property/properties listed above, give my permission to stated above. (consulting company, contractor) to conduct the following work at the locations Q Install monitoring wells Q Destroy monitoring wells JH Drill \ soil boringsJ9_, understand that HoH^MnP (registered professional) of N\V\vK? "t v^oor^ (consulting company) and an authorized signer for 0 b oTTb pvS.... vi ^A (drilling company) have submitted a signed application to the Department of Environmental Health in which they have agreed to complete the above-stated work according the requirements of the current SAM Manual, all ordinances and laws of the County of San Diego and the State of California pertaining to welt/boring construction and destruction. I have arranged with the Responsible Party, the person who causes to have monitoring wells/borings installed or existing wells destroyed on this property, to ensure proper closure of the monitoring wells/borings. \ XProperty Owner Signature: {. Data: y TIH *Print Name: £ Title:. ,xCompany: Mailing Address: DEH;SAM-9503 (Rev. 5-0?) 1 .1 EXHIBfTA HRQ EHERQY BORING LOCATIONSAPPROXIMATE LOCATION OFPKOPC8E0 GORING AGUA hEOIOXU* llfl 5TA11CM PRCUUIHARY DESIGN REPORT CARLSBAD. C«jrORNIA Jayme Foster From: Kodis, Marc [Marc. Kodis@nrgenergy.com] Sent: Friday, March 13, 2009 1:52 PM To: Ross, Ronald Subject: Call this PM Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category I am running over on a call. Can we move our call to 2:30? Marc A. Kodis,. P£ Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 Jayrne Foster From: Ross, Ronald Sent: Monday, March 16, 2009 10:28 AM To: Kodis, Marc Cc: Terry Smith Subject: Agua Hediqnda Lift Station - Force Main Attachments: FM Plan and Profile.pdf Marc, Attached is the proposed plan and profile for the force main thru the tank farm. Please feel free to contact me if you have any questions. Respectfully, CSviL ' (858) 5-1 4-8822 (Office) (858) 5 14-8833 (fax) 3+00 «i*00 \ -X 00,- - rmoo;»»j " ~~-- - ^K' * v,»_^ MvoC-.AI . I )VV KL.l ., 'AS r?UILT" I I •00 •45 35 30 25 20 12+00 13+00 14*00 15+00 16'00 17*00 19+00 If CO t- „ - 11 , '~t - L , —18-iUO - -:Q g5* ^^^^-~- ^ 1 i 'AS R. ill T" - | i j j1 1- ±:_ __j — 20 28+00 ,£.„„•' .{V'"'_" ,"„..'?'" /,. /„-:.„'__"_ ..,/.,. :'.... ,./:/'/,••"'/'' Ir J s i-ic:>v\ ,\; .\Ni)C.:/\i ."AS BUILT" T— J 4 — 35 30 3£»00 3G-tOO 37*00 JS. me I !J I iC >VYN .\ N i.-) CA I., i . I .1 . I "AS BUILf 41*00 pr-V ^ 'AS BUILT Jayme Foster From: Ross, Ronald Sent: Tuesday, March 17, 2009 10:51 AM To: Kodis, Marc Cc: Terry Smith Subject: Agua Hedionda Lift Station - Force Main Marc, Attached is a cross section for the utilities in the corridor we spoke about on Friday. Dimensioned are some of the utility easements in the area. The trench is shown as 6-feet in width (minimum width}. The remaining width of the 20-feet easement would be for equipment access (excavators, pile drivers, etc.). Also included is an as-built drawing for the 9' tunnel that has utility information in the same area. Feel free to contact me if you need anything else. ,U NRG Cross 137269S403.pdf Sectiori.pdf Respectfully, "P.H. 9665 Chesapeake Drive, Suite 201 San Diego, California, 92123 (858) 514-8822 (office) -(858) 571 -671 9 (direct) (858) 514-8833 (fax) sS Railroad Right-of-Way 5'-0" , Gas Esmt | 12" HP Gas Existing 42" Sewer Existing Sewer Easement 2Q'-0" Additional Sewer Easement Telephone Easement \ 2" Telephone New 32" to 34" Force Main s>$ Jjw,«<vw!p"iso« ! efluOMJ *M>?<w*i.0*^_.__5*f • * i1**70 j A|*oc*n vWf.VsHV -"it MvvMCLtua-ft*- ruHMtu AV-3 fifMf "1- K.W. TI»l*-«' JftlP.:M,«. SSiflVUiiSJTfoT"* >•«'*•?! C.woa3 -SKr. *»•)»' ,t«8 ••-'•,>&*• • f ****> «*t^' V f.c.-. j3F&R*fiafcN, ._ .. $ 'u<ti. OIL. PMX v ... . 4W-<» to. '' • *•* ,- <I"»T . arwif ~p orr Jjte.4. _MWUfi42Sa_A«t_«M:V,«- X fe^aa?1 A ssrw-"-s?"»'V*« j*?3^ejfex£*L*LEju'.itra tir. »M.«TAca n. M»i*crpin-., m %JSt>-*.jt-irtv i-t~«»>r v"!« rsi»' 3ir .tfMw^riou <>M1 —w *'^ SECT(pM '2-£' W5*i»": i'"a iev' ' 'PETAL'PP' <fAU : *•*> aasatxl i JIflCl ittw-t___K_ I _ ^Vl ! > si11*! i ri'rtnwi <s*«" w|V— - wr* **(«Wi -n»5!f ^Ssh » ?, 1 3»W"^es'd "» > ^?3 / I "^1 *•»» —«—-J ' "ret JICTM.* Ml™"£t>"> >•"•• «3 /1 ,«•""•»' ««*^ '(SHH.J '^K^'-^-Tzr'M— T d't?:-".- ^ 1«li9UiVTtlR>Aff.^BCi?__. nC,,tc~,,-, _T.jv^m. DEWIJSFJMO) (^-Hi : r«/-b' *..•5SC'IOM'3-3«C*LC :)" - ao' ^aaii«!_B4>r.<t« ggrEgEj^gs. CgAW>N<^S = yi^mit. wt*' *»"* wit" 5-1* si*i wsssssarsaftnv:""- QNX; if/^y.lfgn> ^% (TORTH^- OIKCS AND ROSOWAVS SECTIONS AND DETAILS _ **l*L. ***.'*f '—Aa Jayme Foster From: Kodis, Marc [Marc. Kodis@nrgenergy.com] Sent: Wednesday, March 18, 2009 5:23 AM To: Ross, Ronald Cc: Terry Smith Subject: RE: Agua Hedionda Lift Station - Force Main Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Thanks Ron. Good information. Do you have the drawings S406, 3407, 3408 and S409 and the plan from which the section is identified that you can send us? Thanks. Is there a scale on the sketch and where is this section taken from, perhaps at the tunnel? Thanks again. From: Ross, Ronald [mailto:rross@BrwnCald.com] Sent: Tuesday, March 17, 2009 10:51 AM To: Kodis, Marc Cc: Terry Smith Subject: Agua Hedionda Lift Station - Force Main Marc. Attached is a cross section for the utilities in the corridor we spoke about on Friday. Dimensioned are some of the utility easements in the area. The trench is shown as 6-feet in width (minimum width). The remaining width of the 20-feet easement would be for equipment access (excavators, pile drivers, etc.). Also included is an as-built drawing for the 9' tunnel that has utility information in the same area. Feel free to contact me if you need anything else. «NRG Cross Section. pdf» «137269S403.pdf» Respectfully, 9665 Chesapeake Drive, Suiie 201 San Disgo, California, 92123 (650)514-0022 (office) (858) SH^'m (direct) (358) 514-8833 (fax) Jayme Foster From: Ross, Ronald Sent: Wednesday, March 18, 2009 9:03 AM To: Kodis, Marc Cc: Terry Smith Subject: RE: Agua Hedionda Lift Station - Force Main Attachments: 137269S407.pdf; S40Q S408 S409.PDF; Utility Cross Section Layoutl (1).pdf; Utility Cross Section Layoutl (2).pdf Marc, The cross section was taken from Station 3+00 on the Force Main Plan and Profile. Attached is an additional cross section taken at the tunnel. Both cross sections are at 1/8" = I1 scale. Aiso attached are the tunnel drawings you requested. Hope this helps. Respectfully, TZort TZoriA P.£. (858) 51 4-8822 (office) (853) 51 4-8833 (fax) From: Kodis, Marc [mailto:Marc.Kodi5(5)nrgenerqy.cQiTi1 Sent: Wednesday, March 18, 2009 5:23 AM To: Ross, Ronald Cc: Terry Smith / Subject: RE: Agua Hedionda Lift Station - Force Main Thanks Ron. Good information. Do you have the drawings S406, S407, S408 and S409 and the plan from which the section is identified that you can send us? Thanks. Is there a scale on the sketch and where is this section taken from, perhaps at the tunnel? Thanks again. From: Ross, Ronald [mailto:rross@BrwnCald.com1 Sent: Tuesday, March 17, 2009 10:51 AM To: Kodis, Marc Cc: Terry Smith Subject: Agua Hedionda Lift Station - Force Miain Marc, . ' Attached is a cross section for the utilities in the corridor we spoke about on Friday. Dimensioned are some of the utility easements in the area. The trench is shown as 6-feet in width {minimum width). The remaining width of the 20-feet easement would be for equipment access (excavators, pile drivers, etc.). Also included is an .as-built drawing for the 9' tunnel that has utility information in the same area. Feel free to contact me if you need anything else. «NRG Cross Section.pdf» «137269S403.pdf» Respectfully, 9665 Chesapeake Drive, Suite 201 San Diego, California, 92123 (858) 514-8822 (office) (858) 571-6719 (direct) (858) 514-8833 (fax) ^JlL, (f'"""'"" " B»*fc~|Xj ^)(fi **»-"*X Lt|-F *ULt :|^.'«>.O *£At* • (I,' »f£>"::*•"'%*» . ft r^^^^z: "—*— y.i^*a^" P""'f 'i- —1-aL. r^^~f^4^T^trcl^ ^£din;;_ . - Jyag^^^- C^CI^Tt/^iJ *ai-WI * <1 + WX4* — —,—T.J,. i *"a-i_-a,-* * < i'* M«-It i!i oS, ;""••"••" [••4 ! j>, 5 ^PPP%-• II.F ;t- H.>~L * .. SHCTIOKI '54-lli." 5E.CTKXJ "Vi-Vi *J[ BOCTV VUU..BI «M.'U9«<« I \( l|<a. MiTttlM. WW»M OH 1' WK1W4H UMMH WMM1. s " •SAN OtECO CAS « EUEOH1C COMfANY PIPE TUHHEU SECTIONS » BEWILS SHT.-3 0, 13 7269-S4O&-C i 1 r ,•&*> ijjp: 1 *r~ , 3 111 1 1 :» U 1 *= lfc±^., / /* ^ ' r *'•»'. - ,-** -? i " I f* j Li-*-*-V trvn VuJ r *'"*•*'.; ^K — I1 _ . 1 i- ! .4 i ) IW»r^' *(3*l 6*'-* ' 'S5Si«ra;A'Si „-=., ! 1 l'fjgit'»»»"- j .~~.~*i •! ^ -^ | -| J- ""'• -ps: "4gJ&K.T.KJC '». W»'- Ui b ii^ ® .-.^ft,,. J * !^rs «'•• '.r.M*m MIVWtwIM. T *ll *«x»*»i Sd" & ta fl# JS& ccuna LIUIC »i*na. _T/lr Jtl i.ferf enuoUTt uem tU MA I aiu.ms FBI SA« MEGO »S • EUCTWC COMPAHT PJfE TUHNELPLAN PfanMI S«Vla« HR)IE«<II«! Co. imxa t KM <n<-i^w,j ,3 7269_S406.E Jayme Foster From: Kodis, Marc [Marc.Kodis@iirgenergy.com] Sent: Friday, April 03, 2009 2:31 PM To: • Terry Smith Cc: Ross, Ronald Subject: RE; Status on Consent Attachments: Geotech Drilling Consent.pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Attachment. The original is being sent to you by mail. From: Kodis, Marc Sent: Friday, April 03, 2009 2:23 PM To: Terry Smith Cc: Ross, Ronald Subject: RE: Status on Consent Thanks Terry. Attached is the consent as requested. Please note that personnel cannot start,work until access agreements are in place and a work plan is provided, reviewed and approved by Cabrillo. I would suggest we have a pre-work meeting with your contractors at the site to go over work plan and site work issues. Regards, Marc Marc A. Kodis, PE Regional Engineering Manager fVRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 From: Terry Smith [mailto:Terw, Smith® carlsbadca.qoy-1 Sent: Friday, April 03, 2009 12:06 PM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Status on Consent Marc, We'll get this information to you by early next week. Piease e-mail us a pelf of the agreement when it is ready. Also, please copy Ron since I will be out of the office on Monday and Tuesday next week. Thank, Terry From: Kodis, Marc [maHto:Marc.Kodis(g)rirqenerqy.com] Sent: Friday, April 03, 2009 11:59 AM To; Terry Smith Subject: Status on Consent Terry, good meeting with you the other day regarding collaboration on your new lift station/forced sewer pipeline/bridge projects. Got your voicemail. We are working through the consent. In checking with our folks we will need to have an access agreement from your contractors. We will need addresses and fax #s for Ninyo & Moore & Scotts Drilling; Please confirm that these will be the only contractors on site. We will also need insurance accords from your contractors. Additionally, we will need to a work plan that identifies the work scope/methods to be used including treatment of any wastes that are generated. This will not be needed for the consent but will be required for review and approval by us prior to start of work. Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 GAJtt W. ERBECK DEPARTMENT OF ENVIRONMENTAL HEALTH LAND AND WATER QUAUTY DIVISION P.O. BOX 129291. SAN DIEOO. CA OZ112-9231 61 9-3 38-22 22/F AX 81 9-133 -ZJISM-SOO^SS -9933 . „ nnASSISTANT DIRECTOR www.sdcounty.ca.gov/deh/Twq Proposed locations for subsurface work: Property Address: PROPERTY OWNER CONSENT Assessor's Parcel Number (APN):s. Ycu&r ftfr. j y/ B4 ':>fi Ai~2.il owner of the property/properties listed above, give my permission to stated above. n Install I understand that (consulting company, contractor) to conduct the following work at the locations monitoring walls Destroy ireoisterad professioral) of monitoring welte .1.NlV\ JD .Dfil ^J r» soil borings (consulting company) and an authorized sianerfor ^4^1PQ^^ P*^ **^\ (driiling company) hala submitted' a signed application to the Department of Environmental Health in which they have agreed to complete the above-stated work according the requirements of the current SAM Manual, all ordinances and laws of the County of San Diego and the State of California pertaining to wetl/boring construction and destruction. I have arranged with the Responsible Party, the person who causes to have monitoring wells/borings installed or existing wells destroyed on this property, to ensure proper closure of the monitoring welWborings. XProperty Owner Signature: Print Name: ^ Ft!.'/ 7>< S. Z • c: ^A.-?.J S _ Title: Company:: X & I c c, u I £.C-<d- Mailing Address: OSH-.SAM-9S03 {Roy. 5-07) Jayme Foster From: Kodis, Marc [Marc.Kodis@nrgenergy,com] Sent: Thursday, April 09. 2009 10:55 AM To: Gregory Farrand Cc; Ross, Ronald, Frank Moreland; Lisa Hitl Subject: RE: AHLS, NRG Access Agreement Attachments: License and Access Agreement - Ninyo & Moore.doc Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Hi Gregory, We will need to have to ask you to sign another copy. We asked the city for the following information for each contractor doing work on site so that we can complete the draft access agreement and send to you for signature: • Addresses • Fax #s We will need same information for Scott Drilling as well. Also, we have some modified insurance provisions that I have added in the attachment. Could you also send a pdf version of the boring locations on a plot plan that will- be an attachment to the access agreement. Thank you, Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-5.35-2119 Fax 760-710-2158 From: Gregory Farrand [mailto:gfarrand@ninyoandrnoore.com1 Sent: Thursday, April 09, 2009 10:11 AM To: Kodis, Marc Cc: Ross, Ronald; Frank Moreland; Lisa Hill Subject: AHLS, NRG Access Agreement Marc- Attached is a PDF of the Access Agreement signed by us. A hard copy should arrive later today. i Please contact me at your convenience if you have any questions. Gregory T. Farrand, PG, CEG Principal Geologist Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road, San Diego, California 92123 (858) 576-1000, x1.220 (office) (619)208-6355 (cell) gfarrand@ninyoandmoore.CQm 4/9/09 ..... Original Message — From: Ross, Ronald rmailto:rross@BrwnCa.ld.com] Sent: Wednesday, April 08, 2009 1:07 PM To: Lisa Hill Cc: Frank Moreland; Gregory Farrand Subject: NRG Access Agreement Lisa, Attached is the license agreement for access to the NRG site. Also, I am working on a confirmation from Encina that we can still store the drums at the existing lift station. Respectfully, Civil (858) 514-8822 (office) (858) 51 4-8833 (fax) From: Terry Smith rmailto:Terry.Smir.h@carlsbadca.gov1 Sent: Wednesday, April 08, 2009 8:40 AM To: Ross, Ronald Subject: FW: Status on Consent See Attached. Terry From: Kodis, Ma re rmailto: Ma re. Kodis@ nrqenergy.com] Sent: Monday, April 06, 2009 9:27 AM To: Terry Smith Subject: RE: Status on Consent Terry, here is the draft of the Access Agreement for N&M. Once we get the right info we can complete and execute. Same form needs to be executed by Scotts Drilling which we can complete once we get the information. Thanks. From: Kodis, Marc Sent: Friday, April 03, 2009 3:19 PM To: Terry Smith Subject; RE: Status on Consent The access agreements need to be signed with your contractors and will require insurance accords from each one. As soon as we get the information requested we can complete the draft access agreements and I will send on to you. From: Terry Smith f mailto:Terrv.5m ith(S)car!sbadca.qov] Sent: Friday, April 03, 2009 2:56 PM To: Kodis, Marc Subject: RE: Status on Consent No problem. When do you think you will have the access agreement ready for us to execute? From: Kodis, Marc rmailto:Marc.Kodis@)nrqenerqy.com1 Sent: Friday, April 03, 2009 2:23 PM To: Terry Smith Cc: Ross, Ronald Subject: RE: Status on Consent Thanks Terry. Attached is the consent as requested. Please note that personnel cannot start work until access agreements are in place and a work plan is provided, reviewed and approved by Cabrillo. I would suggest we have a pre-work meeting with your contractors at the site to go over work plan and site work issues. Regards, Marc Marc A. Kodis. PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 From: Terry Smith•[ma.ilto:Terry,5mith@carlsbadca.qov1 Sent: Friday, April 03, 2009 12:06 PM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Status on Consent Marc, We'll get this information to you by early next week. Please e-mail us a pdf of the agreement when it is ready. Also, please copy Ron since I will be out of the office on Monday and Tuesday next week. Thank, Terry From: Kodis, Marc rmaiito:Marc.Kodis(;Sinrqenerciy.com1 Sent: Friday, April 03, 2009 11:59 AM To: Terry Smith Subject: Status on Consent Terry, good meeting with you the other day regarding collaboration on your new lift station/forced sewer pipeline/bridge projects. i Got your voicemail. We are working through the consent. In checking with our folks we will need to have an access agreement from your contractors. We will need addresses and fax #s for Ninyo & Moore & Scotts Drilling, Please confirm that these will be the only contractors on site. We will also need insurance accords from your contractors. Additionally, we will need to a work plan that identifies the work scope/methods to be used including treatment of any wastes that are generated. This will not be needed for the consent but will be required for review and approval by us prior to start of work. Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 [' Fax 760-710-2158 ACCESS AGREEMENT 1. This Access Agreement is made as of April 3,2009, between the undersigned Licensor as owner of the premises (or as agent for or authorized representative of such owner) described herein ("Licensor") and Ninyo & Moore, address (fax ) ("Licensee") in connection with conducting geotechnical borings along a potential scvvcr line casement requested by the City of Carlsbad from Licensor at Licensor's premises generally described as follows (the "Premises"): an area adjacent to an existing main line sewer pipeline along the western edge of Licensor's tank farm property bordered by the 1-5 Freeway and the NCTD rail tracks at the Encina Generating Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 at points marked on a drawing provided by the City of Carlsbad to Licensor. 2. Licensor hereby grants to Licensee the right to enter onto the Premises and conduct geotechnical borings in accordance with a Licensor approved work plan to be submitted by Licensee to Licensor (the "Drilling Program"). 3. Licensor is the owner of said Premises, and Licensor is fully authorized to enter into this Access Agreement and has the right to grant Licensee the use of said Premises and each and all of the rights herein granted and that no one else's permission is required. 4. Licensor is providing access for the Drilling Program without compensation at the request of. and as an accommodation to, the City of Carlsbad, without conceding that any particular expansion of the existing sewer line easements will be identified as a result of the Drilling Program. 5. Licensee shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear and use of said Premises for the purposes herein permitted. Licensee shall dispose of any core drilling spoils in accordance with applicable environmental rules and regulations. Licensee shall clean any debris or rubbish left by its visitors on the Premises. Any property of Licensee left on the Premises after clean-up and removal has occurred shall be considered abandoned after thirty (30) days, and may be disposed of by Licensor, at its discretion. 6. Licensee does hereby for itself and its legal representatives, successors and assigns, agree to and hereby does expressly and fully release, indemnify, defend and hold harmless Licensor and its affiliates and its and their respective agents, representatives, members, employees, successors, assigns, officers, directors, and representatives (collectively, "Licensor's Related Parties") from and against any and all claims, suits, losses, damages, demands, causes of action and liabilities of any kind or character (including, but not limited to, attorneys' fees, costs of litigation and i ACCESS AGREEMENT - Ninvo & Moore investigation and other costs associated therewith) (collectively, "Claims") caused by or arising out of or in any way incidental to or connected with the entry or presence of Licensee or its affiliates or its or their agents, representatives, servants, employees, contractors, customers, or invitees in, on or about the Premises, or their activities in setting up scenery, equipment, sets, or use of any Premises equipment, whether imposed by statute, rule or regulation or theory of strict liability and regardless of cause or of the negligence or fault of Licensor and/or Licensor's Related Parties, WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOINT, COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S RELATED PARTIES OR CLAIMING BY, THROUGH OR UNDER LICENSOR AND/OR LICENSOR'S RELATED PARTIES. Licensee's liability may be limited to not less than five million dollars (55,000,000) or such greater amount as provided in Licensee's general liability insurance policy. Licensee shall not be admitted to the Premises without first providing evidence of general liability insurance naming Licensor (Cabrillo Power ILLC, and its parent, NRG Energy, Inc.) and its site operator. NRG Cabrillo Power Operations Inc., and their respective officers, employees, contractors and agents, as additional insureds with limits of not less than the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's insurance department Prior to proceeding with any activity which may involve risk to persons or property, Licensee shall meet with Licensor's site safety representative to review the proposed activity, and the safety measures to be employed during the activity. Licensor may halt any further activity if Licensor's site safety representative determines the activity to be unreasonably unsafe. Notwithstanding this requirement,, Licensee shall be solely responsible for any activities involving its Drilling Program, and Licensee shall not request the use or operation of any Premises equipment by its technicians or by any Licensor operating personnel or Licensor's contractors, and Licensee shall be solely responsible for any accident or injury resulting from such use, regardless of fault or cause. Licensee shall provide an insurance certificate to Licensor which contains the provisions set forth in Exhibit A attached hereto and incorporated by this reference. 7. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID STATE. 8. This Agreement is entered into as of the date indicated below, represents and the entire agreement between the parties, and may be amended only in writing signed by the parties. If the safety officer for Licensor observes any unsafe practices, he may terminate the license granted herein without further notice. ACCESS AGREEMENT- Ninyo & Moore CABRILLO POWER I LLC (Licensor) NINYO & MOORE (Licensee) BY: Authorized officer By: ______ Its: Executive Director ACCESS AGREEMENT - Ninyo & Moore EXHIBIT A Insurance Provisions 1 . Insurance. Licensee agrees that it is ultimately responsible to ensure that Licensee, its agents, representative, servants, employees, contractors, customers, or invitees (collectively referred to as "Licensee Related Parties" in this insurance provision) who enter in", on, or about the Premises have, or shall have in place at the Lime of such entry ("Date of Entry"), Commercial General Liability insurance, including coverages for bodily injury liability, including death, personal injury. property damage, premises/operations, products/completed operatipnspf&pefty item-age, independent contractors,. aft4-broad form contractual liability, separation of insureds. and no exclusions for any ofXC&U exposures, in support of Licensee's • indemnification hereunder, with per occurrence limits of not less than S5, 000, 000. 00 (whether in a primary policy or a combination of primary and excess coversage). written, on an occurrence basis. Licensee Related Parties shall also maintain statutory Workers' Compensation Insurance that extends coverage to anyone who enters in, on, or about the Premises, including Employer's Liability, limits of $1.000,000. If vehicles will be operated in, on, or .about the Premises by Licensee Related Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of $5,000,000.00 that will extend coverage to such Licensee Related Parties. All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as Licensor may, from time to time, reasonably require, with the premiums fully paid on or before the due dates. The Commercial General Liability and Automobile Liability (if applicable) insurance policies of Licensee Related Patties shall be endorsed to include Licensor Related Parties aml4te-rtffifetes-as additional insureds. The additional insured status on the General Liability insurance policy shall extend to both ongoing ami completed operations. The Workers ' Compensation policy maintained by Licensee shall contain a waiver of subrogation clause in favor of Licensor^ckUejl£ajli^-aH44Ls--al:fi-lkte&. All policies of insurance required to be maintained by Licensee Related Parties shall specifically provide that Licensor shall be given at least thirty (30) days prior written notice of any cancellation or nonrenewal of any such policy. A duly executed certificate of insurance with respect to each such policy shall be deposited with Licensor on or before the initial Date of Entry, and a duly executed certificate of insurance with respect to each subsequent policy shall be deposited with Licensor at least thirty (30) days prior to the expiration of the preceding such policy. All insurance policies obtained by Licensee Related Parties hereunder shall be written as primary policies (primary over any insurance carried by Licensor Related not contributing with and not in excess of coverage which Licensor Related Parties afi-tl/ef-i-te-af-fi-1+atefr-may carry, if any. In the event of any Claim, Licensee shall look solely to such insurance and/or any other insurance carried by Licensee. ACCESS AGREEMENT -Ninyo & Moore Jayme Foster From: Frank Moreland [fmorefand@ninyoandmoore.com] Sent: Thursday, April 09, 2009 3:18 PM To: Kodis, Marc; Gregory Farrand Cc: Ross, Ronald; Lisa Hill; Lloyd, David Subject: RE: AHLS, NRG Access Agreement Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Yes, use the address below. Frank . Frank O. Moreland, P.G., C.E.G. Senior Geologist Nirtyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road San Diego, California 92123 (858) 5 75-1000 (x1225) (858) 576-9600 (Fax) fmofeland@ninyoandmoore.com Experience • Quality • Commitment Original Message From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com] Sent: Thursday, April 09, 2009 2:59 PM To: Frank Moreland; Gregory Farrand Cc: Ross, Ronald; Lisa Hill; Lloyd, David Subject: RE: AHLS, NRG Access Agreement Thank you, Frank. So it looks like we need to have 3 agreements. Should we use the address for N&M that is in your contact info? From: Frank Moreland [mailto:fmoreland@ninyoandmoore.com] Sent: Thursday, April 09, 2009 2:18 PM To: Kodis, Marc; Gregory Farrand Cc: Ross, Ronald; Lisa Hill Subject: RE: AHLS, NRG Access Agreement Hi Marc, Our drillers ara Scott's Drilling and Tri-County Drilling, their information is below: Scotts Drilling 271 Roymar Road, Suite D Oceanstde, California 92056 (760)966-1613 email Scotisdrillina@cox.nCT Jayme Foster From: Frank Moreiand [fmoreland@ninyoandmoore.com] Sent: Monday, May 11, 2009 10:15 AM To: Kodis, Marc; Gregory Farrand Cc: Ross, Ronald; Lisa Hill; Lloyd, David Subject: RE: AHLS, NRG Access Agreement Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Hi Marc, One of our drillers has changed. Instead of Tri-County, we will be using Pacific Drilling. Their information is below. Tod Clark' Pacific Drilling P.O. Box 84627 San Diego, California 92138 (619)294-3682 (619) 294-3283 FAX tod@pacdrill.com I will have them send insurance certs. Frank Frank 0. Moreiand, P.G., C.E.G. Senior Geologist Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 RuffmRoad San Diego, California 92123 (858) 576-1000 (x1225) (858) 576-9600 (Fax) fmoreland@ninyoandmoore.corn Experience • Quality • Commitment Original Message From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com] Sent: Thursday, April 09, 2009 2:59 P.M To: Frank Moreiand; Gregory Farrand Cc: Ross, Ronald; Lisa Hill; Lloyd, David Subject: RE: AHLS, NRG Access Agreement Thank you, Frank. So it looks like we need to have 3 agreements. Should we use the address for N&M that is in your contact info? From: Frank Moreiand [mailto:fmoreland@ninyoandmoore.com] Sent: Thursday, April 09, 2009 2:18 PM To: Kodis, Marc; Gregory Farrand Cc: Ross, Ronald; Lisa Hill Subject: RE: AHLS, NRG Access Agreement Hi Marc, Our drillers are Scott's Drilling and Tri-County Drilling, their information is below: Scotts Drilling 271 Roymar Road, Suite D Oceanside, California 92056 (760)966-1613 email ScQttsrlriJling@cox,_ne| • Tri-County Drilling 9631 Candida Street San Diego, California 92126 (858)271-0099 (858) 784-0342 FAX email tirnd@tcdriiling,corn I will have them forward insurance certificates. Frank Frank O. Moreland, P.G., C.E.G. Senior Geologist Nirtyo & Moore Geotechnical & Environmental Sciences Consultants 5710Ruffin Road San Diego, California 92123 (858) 576-1000 (X1225) (858) 576-9600 (Fax') fmoreland@nlnyoandmoore.com Experience • Quality • Commitment Original Message—- From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com] Sent: Thursday, April 09, 2009 10:55 AM To; Gregory Farrand Cc: Ross, Ronald; Frank Moreland; Lisa Hill Subject: RE: AHLS, NRG Access Agreement Hi Gregory, We will need to have to ask you to sign another copy. We asked the city for the following information for each contractor doing work on site so that we can complete the draft access agreement and send to you for signature: « Addresses • Fax #s We will need same information for Scott Drilling as well. Also, we have some modified insurance provisions that I have added in the attachment. Could you also send a pdf version of the boring locations on a plot plan that will be an attachment to the access agreement. Thank you, Marc A. Kodis. PE Regional Engineering Manager NRG West Suile 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 From: Gregory Farrand [mailto:gfarrand@ninyoandmoore.com] Sent: Thursday, April 09, 2009 10: 11 AM To: Kodis, Marc Cc: Ross, Ronald; Frank Moreland; Lisa Hill Subject: AHLS, NRG Access Agreement Marc- Attached is a PDF of the Access Agreement signed by us. A hard copy should arrive later today. Please contact me at your convenience if you have any questions. Gregory T. Farrand, PG, CEG Principal Geologist Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road, San Diego, California 92123 (858) 576-1 000, x1 220 (office) (619)208-6355 (cell) gfarrand@ninyoandmoore.com 4/9/09 ----- Original Message ..... From: Ross, Ronald [mailto:rross@BrwnCald.com] Sent: Wednesday, April 08, 2009 1:07 PM To: Lisa Hill Cc: Frank Moreland; Gregory Farrand Subject: NRG Access Agreement Lisa, Attached is the license agreement for access to the NRG site. Also, I am working on a confirmation from Encina that we can still store the drums at the existing lift station. Respectfully, "P.C.. drit (858) 014-8822 (office) (858) 514-8833 (fax) From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov] Sent: Wednesday, April 08, 2009 8:40 AM To: Ross, Ronald Subject: FW: Status on Consent See Attached. Terry From: Kodis, Marc [maiito:Marc.Kodis@nrgenergy.com] Sent: Monday, April 06, 2009 9:27 AM To: Terry Smith Subject: RE: Status on Consent Terry, here is the draft of the Access Agreement for N&M, Once we get the right info we can complete and execute. Same form needs to be executed by Scotts Drilling which we can complete once we get the information. Thanks. From: Kodis, Marc Sent: Friday, April 03, 2009 3:19 PM To: Terry Smith Subject: RE: Status on Consent The access agreements need to be signed with your contractors and will require insurance accords from each one. As soon as we get the information requested we can complete the draft access agreements and I will send on to you. From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov] Sent: Friday, April 03, 2009 2:56 PM To: Kodis, Marc Subject: RE: Status on Consent No problem. When do you think you will have the access agreement ready for us to execute? From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com] Sent: Friday, April 03, 2009 2:23 PM To: Terry Smith Cc: Ross, Ronald Subject: RE: Status on Consent Thanks Terry. Attached is the consent as requested. Please note that personnel cannot start work until access agreements are in place and a work plan is provided, reviewed and approved by Cabrillo. I would suggest we have a pre-work meeting with your contractors at the site to go over work plan and site work issues Regards, Marc Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov] Sent: Friday, April 03, 2009 12:06 PM To: Kodls, Marc Cc: Ross, Ronald Subject: RE: Status on Consent Marc, We'll get this information to you by early next week. Please e-mail us a pdf of the agreement when it is ready. Also, please copy Ron since I will be out of the. office on Monday and Tuesday next week. Thank, Terry From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com] Sent: Friday, April 03, 2009 11:59 AM To: Terry Smith Subject: Status on Consent Terry, good meeting with you the other day regarding collaboration on your new lift station/forced1 sewer pipeline/bridge projects. Got your voicemail. We are working through the consent. In checking with our folks we will need to have an access agreement from your contractors. We will need addresses and fax #s for Ninyo & Moore & Scotts Drilling. Please confirm that these will be the only contractors on site. We will also need insurance accords from your contractors. Additionally, we will need to a work plan that identifies the work scope/methods to be used including treatment of any wastes that are generated. This will not be needed for the consent but will be required for review and approval by us prior to start of work. Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Avc Carlsbad, CA 92008 Off 760-710-2142 f Cell 760-535-2119 Fax 760-710-2158 Jayme Foster From: Gregory Farrand [gfarrand@ninyoandmoore.com] Sent: Monday, April 13, 2009 3:24 PM To: Kodis, Marc Cc: Ross, Ronald; Frank Moreland Subject: AHLS, NRG Access Agreement + Insurance Certificate Attachments: NRG AHLS Access Agreement -*• Ins Cert 4-13-09.pdf Follow Up Flag: Follow up FJag Status: Flagged Categories: Green Category Marc- Attached fs a PDF of the Access Agreement signed by Ninyo & Moore and our insurance certificate. Two hardcopies are in the overnight mail to your attention. Our subcontractors, Tri-County Drilling and Scott's Drilling, are also forwarding their . signed Access Agreements and insurance certificates directly to your attention. Please contact me at your convenience if you have, any questions. Gregory T. Farrand, PG, CEG Principal Geologist Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffln Road, San Diego, California 92123 (858) 576-1000, x1220 (office) (619)208-6355 (cell) ( gfarrand@ninyoandmoore.com 4/13/09 Original Message From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com] Sent: Saturday, April 11, 2009 7:44 AM To: Gregory Farrand Cc: Ross, Ronald; Lisa Hill; Frank Moreland Subject: RE: AHLS, NRG Access Agreement Attached are revised access agreement drafts. Please provide comments. Thank you. Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 " From: Gregory Farrand [mailto:gfarrand@ninyoandmoore.com] Sent: Thursday, April 09, 2009 2:12 PM To: Kodis, Marc Subject: RE: AHLS, NRG Access Agreement Marc- Pll have our insurance broker also review the revisions and get back to you as soon as possible. Gregory T. Farrand, PG, CEG Principal Geologist Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road, San Diego, California 92123 (858) 576-1000, x1220 (office) (619)208-6355 (cell) gfarrand@ninyoandmoore.com 4/9/09 —Original Message— From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com] Sent: Thursday, April 09, 2009 10:55 AM To: Gregory Farrand Cc: Ross, Ronald; Frank Moreland; Lisa Hill Subject: RE: AHLS, NRG Access Agreement Hi Gregory, We will need to have to ask you to sign another copy. We asked the city for the following information for each contractor doing work on site so that we can complete the draft access agreement and send to you for signature: • Addresses • Fax #s We will need same information for Scott Drilling as well. Also, we have some modified insurance provisions that I have added in the attachment. Could you also send a pdf version of the boring locations on a plot plan that will be an attachment to the access agreement. Thank you, Marc A. Kodis, /••£ Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 7(50-535-2119 Fax 760-710-2158 From: Gregory Farrand [mailto:gfarrand@ninyoandmoore.com] Sent: Thursday, April 09, 2009 10:11 AM To: Kodis, Marc Cc: Ross, Ronald; Frank Moreland; Lisa Hill Subject: AHLS, NRG Access Agreement Marc- Attached is a PDF of the Access Agreement signed by us. A hard copy should arrive later today. Please contact me at your convenience if you have any questions. Gregory T. Farrand, PG, CEG Principal Geologist Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road, San Diego, California 92123 (858)576-1000, xl 220 (office) (519)208-6355 (ceil) gfarrand@ninyoandmoore.com 4/9/09 ----- Original Message ----- From: Ross, Ronald [mailto:rross@BrwnCald.com] Sent: Wednesday, April 08, 2009 1:07 PM To: Lisa Hill Cc: Frank Moreland; Gregory Farrand , . Subject: NRG Access Agreement Lisa, Attached is the license agreement for access to the NRG site. Also, I am working on a confirmation from Encina that we can still store the drums at the existing lift station. Respectfully, (858) 514-8822 (Office) (858) 514-8333 (fax) From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov] Sent: Wednesday, April 08, 2009 8:40 AM To: Ross, Ronald Subject: FW: Status on Consent See Attached. Terry From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com] Sent: Monday, April 06, 2009 9:27 AM To: Terry Smith Subject: RE: Status on Consent Terry, here is the draft of the Access Agreement for N&M. Once we get the right info we can complete and execute. Same form needs to be executed by Scotts Drilling which we can complete once we get the information. Thanks. From: Kodis, Marc Sent: Friday, April 03r 2009 3:19 PM To: Terry Smith Subject: RE: Status on Consent The access agreements need to be signed with your contractors and will require insurance accords from each one. As soon as we get the Information requested we can complete the draft access agreements and I wiil send on to you. From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov] Sent: Friday, April 03, 2009 2:56 PM To: Kodis, Marc Subject: RE: Status on Consent No problem. When do you think you will have the access agreement ready for us to execute? From: Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com] Sent: Friday, April 03, 2009 2:23 PM To: Terry Smith Cc: Ross, Ronald Subject: RE: Status on Consent Thanks Terry. Attached is the consent as requested. Please note that personnel cannot start work until access agreements are in place and a work plan is provided, reviewed and approved by Cabrillo, I would suggest we have a pre-work meeting with your contractors at the site to go over work plan and site work issues. Regards, Marc Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov] Sent: Friday, April 03, 2009 12:06 PM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Status on Consent Marc, Well get this information to you by early next week. Please e-maii us a pcif of the agreement when it is ready. Also, please copy Ron since I will be out of the office on Monday and Tuesday next week. Thank, Terry From; Kodis, Marc [mailto:Marc.Kodis@nrgenergy.com] Sent: Friday, April 03, 2009 11:59 AM To: Terry Smith Subject: Status on Consent Terry, good meeting with you the other day regarding collaboration on your new lift station/forced sewer pipeline/bridge projects. Got your voicemail. We are working through the consent. In checking with our folks we will need to have an access agreement from your contractors. We will need addresses and fax #s for Ninyo & Moore & Scotts Drilling. Please confirm that these will be the only contractors on site. We will also need insurance accords from your contractors. Additionally, we will need to a work plan that identifies the work scope/methods to be used including treatment of any wastes that are generated. This will not be needed for the consent but will be required for review and approval by us prior to start of work. Marc A. Kodis, P£ • , Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Car!sbad,CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 Transmittal 5710 Ruffin Road, San Diego, California 92123 * Phone 858/576-1000 » Fax 858/576-9600 * www.ninyoandmoore.com To: Marc Kodis Date: April 13, 2009 Firm: NRG Energy, Inc.Fax No: Address: From: 1817 Aston Ave, Suite 104 Carlsbad, CA 92008 Gregory T, Farrand, Principal Geologist gfarrand@ninyoandmoore.com Telephone No: Total Pages Including Transmittal: <- h- -.*•• Access Agreement, Encina Generating Property, 4600 Carlsbad Blvd, 3 Carlsbad, CA; signed on 1-13-09 Project No: D Urgent Original Document: I2 For Approval D Will Not Follow (El For Your Use D Will Follow D Please Reply D By US. Mail G As Requested D By Other Marc- Attached are two copies the Access Agreement signed 4-13-09 by me relative to our planned field evaluation of the City of Carlsbad's Agua Hedionda Lift Station and associated sewer pipeline. Our insurance certificates are also attached. Similar Access Agreements and insurance certificates by our subcontractors, Tri- County Drilling and Scott's Drilling, will be forwarded by those firms directly to your attention. Greg Farrand Principal Geologist 858-576-1000, X1220 qfarrand@ninvoaridrTiaore.com Geotechnicaf Engineering Engineering Geology Materials Testing and Inspection Construction Management Engineering Design Environmental Engineering Environmental Site Assessments Regulatory Compliance and Permitting Water Quality and Resource Evaluations Hazardous Waste Management Soil and Groundwater Remediation Asbestos and lead-Based Paint Surveys Geophysical Studies Mineral Resource Evaluations Value Engineering Forensic Studies Expert Witness Testimony a San Francisco • Irvine a San Diego » LOS Angeles a Ontario a Oakland a Las Vegas a Salt Lake City a Phoenix ACCESS AGREEMENT 1. This Access Agreement is made as of April 10, 2009, between the undersigned Licensor as owner of the premises (or as agent for or authorized representative of such owner) described herein ("Licensor") and Ninyo & Moore, 5710 Ruffm Road, San Diego, CA 92123 (fax: 858-576-9600) ("Licensee") in connection with conducting geotechnical borings along a potential sewer line easement requested by the City of Carlsbad from Licensor at Licensor's premises generally described as follows (the ^Premises"): an area adjacent to an existing main line sewer pipeline along the western edge of Licensor's tank farm property bordered by the 1-5 Freeway and the NCTD rail tracks at the Encina Generating Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 at points marked on a drawing provided by the City of Carlsbad to Licensor, 2. Licensor hereby grants to Licensee the right to enter onto the Premises arid conduct geotechnical borings in accordance with a Licensor approved work plan to be submitted by Licensee to Licensor (the "Drilling Program"). 3. Licensor is the owner of said Premises, and-Licensor is fully authorized to enter into this Access Agreement and has the right to grant Licensee the use of said Premises and each and all of the rights herein granted and that no one else's permission is required. 4. Licensor is providing access for the Drilling Program without compensation at the request of, and as an accommodation to, the City of Carlsbad, without conceding that any particular expansion of the existing sewer line easements will be identified as a result of the Drilling Program. 5. Licensee shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear and use of said Premises for the purposes herein permitted. Licensee shall dispose of any core drilling spoils in accordance with applicable environmental ailes and regulations. Licensee shall clean any debris or rubbish left by its visitors on the Premises. Any property of Licensee left on the Premises after clean-up and removal has occurred shall be considered abandoned after thirty (30) days, and may be disposed of by Licensor, at its discretion. 6. . Licensee does hereby for itself and its legal representatives, successors and assigns, agree to and hereby does expressly and fully release, indemnify, defend and hold harmless Licensor and its affiliates and its and their respective agents, representatives, members, employees, successors, assigns, officers, directors, and representatives (collectively, "Licensor's Related Parties") from and against any and all claims, suits, losses, damages, demands, causes of action and liabilities of any kind ! ACCESS AGREEMENT- Ninyo & Moore or character (including, but not limited to, attorneys' fees, costs of litigation and investigation and other costs associated therewith) (collectively, "Claims") caused by or arising out of or in any way incidental to or connected with the entry or presence of Licensee or its affiliates or its or their agents, representatives, servants, employees, contractors, customers, or invitees in, on or about the Premises, or their activities in setting up scenery, equipment, sets, or use of any Premises equipment, whether imposed by statute, rule or regulation or theory of strict liability and regardless of cause or of the negligence or fault of Licensor and/or Licensor's Related Parties, WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOINT, COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S RELATED PARTIES OR CLAIMING BY, THROUGH OR UNDER LICENSOR AND/OR LICENSOR'S RELATED PARTIES. Licensee's liability may be limited to not less than five million dollars ($5,000,000) or such greater amount as provided in Licensee's general liability insurance policy. Licensee shall not be admitted to the Premises without first providing evidence of general liability insurance naming Licensor (Cabrillo Power ILLC, and its parent, NRG Energy, Inc.) and its site operator, NRG Cabrillo Power Operations Inc., and their respective officers, employees, contractors and agents, as additional insureds with limits of not less than the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's insurance.department. Prior to proceeding with any activity which may involve risk to persons or property, Licensee shall meet with Licensor's site safety representative to review the proposed activity, and the safety measures to be employed during the activity. Licensor may halt any further activity if Licensor's site safety representative determines the activity to be unreasonably unsafe. Notwithstanding this requirement, Licensee shall be solely responsible for any activities involving its Drilling Program, and Licensee shall not request the use or operation of any Premises equipment by its technicians or by any Licensor operating personnel or Licensor's contractors, and Licensee shall be solely responsible for any accident or injury resulting from such use, regardless of fault or cause. Licensee shall provide an insurance certificate to Licensor which contains the provisions set forth in Exhibit A attached hereto and incorporated by this reference. 7. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID STATE. 8. This Agreement is entered into as of the date indicated below, represents and the entire agreement between the parties, and may be amended only in writing signed by the parties. If the safety officer for Licensor observes any unsafe practices, he may terminate the license granted herein without further notice. 2 ACCESS AGREEMENT - Ninyo & Moore CABRILLO POWER I LLC (Licensor) NINYO & MOORE (Licensee) BY: Authorized officer Gregory T. Faifand, Principal Geologist ACCESS AGREEMENT-Ninyo & Moore EXHIBIT A Insurance Provisions 1. Insurance. Licensee agrees that it is ultimately responsible to ensure that Licensee, its agents, I'epresentative, servants, employees, contractors, customers, or invitees (collectively referred to as "Licensee Related Parties" in this insurance provision) who enter in, on, or about the Premises have, or shall have in place at the time of such entry ("Date of Entry"), Commercial General Liability insurance, including coverages for bodily injury liability, including death, personal injury., property damage, premises/operations, products/completed operations, independent contractors, broad form contractual liability, separation of insureds, aad no exclusions for any of XC&U exposures, in support of Licensee's indemnification hereunder, with per occurrence limits of not less than $5.000,000.00 (whether in a primary policy or a combination of primary and excess coverage), written on an occurrence basis. Licensee Related Parties shall also maintain statutory Workers' Compensation Insurance that extends coverage to anyone who enters in, on, or about the Premises, including Employer's Liability limits of $ 1,000,000. If vehicles will be operated in, on, or about the Premises by Licensee Related Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of $5,000,000.00 that will extend coverage to such Licensee Related, Parties. All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as Licensor may, from time to time, reasonably require, with the premiums fully paid on or before the due dates. The Commercial General Liability and Automobile Liability (if applicable) insurance policies of Licensee Related Parties shall be endorsed to include Licensor Related Parties as additional insureds. The additional insured status on the General Liability insurance policy shall extend to both ongoing and completed operations. The Workers' Compensation policy maintained by Licensee shall contain a waiver of subrogation clause in favor of Licensor Related Parties. All policies of insurance required to be maintained by Licensee Related Parties shall specifically provide that Licensor shall be given at least thirty (30) days prior written notice of any cancellation or nonrenewal of any such policy. A duly executed certificate of insurance with respect to each such policy shall be deposited with Licensor on or before the initial Date of Entry, and a duly executed certificate of insurance with respect to each subsequent policy shall be deposited with Licensor at least thirty (30) days prior to the expiration of the preceding such policy. All insurance policies obtained by Licensee Related Parties hereunder shall be written as primary policies (primary over any insurance carried by Licensor Related Parties), not contributing with and not in excess of coverage which Licensor Related Parties may cany, if any. In the event of any Claim, Licensee shall look solely to such insurance and/or any other insurance carried by Licensee. ACCESS AGREEMENT - Ninyo & Moore Client^: 704 NINYOMOOR1 ACORD. CERTIFICATE OF LIABILITY INSURANCE wSST" PRODUCER Dealey, Renton & Associates P.O. Box 12675 Oakland, CA 94604-2675 510 465-3090 Ted Klyama INSURED Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruff in Road | San Diego, CA 92123 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER* American Automobile Ins. Co. INSURERS: Fireman's Fund Insurance Co. INSURER & Lexington ins. Co. INSURER O: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED 8Y PAID CLAIMS. INSRLTR A A B A C TYPE OF INSURANCE GENERAL LIABILITY X jrnMUFRClAl nF.'JFRAl UABIUTY I I CLAIMS MADE j X j OCCUR X Contractual X !RR Cont CG2417 GEN'L AGGREGATE LIM IT APPL IE S PSR: I POLICY [~X~| JECT FX] LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NONX3WNEO AUTOS ! GARAGE LIABILITY ! ANY AUTO EXCESS LIABILITY, p— — ~» Xl OCCUR j I CLAIMS MADE i I DEDUCTIBLE I RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER Professional & Contractor's Pollution Liab. .„, 1(.v „„„__., | POLICY EFFECTIVEPOLICY NUMBER i DATE rMM/DO/YY1 MZG80894367 MZG80 894367 CGX60485455 WZP80061358 7360276 10/03/08 10/03/08 10/03/08 05/01/08 10/03/08 POLICY EXPIRATIONDATE IMM/DOJYY! 10/03/09 10/03/09 10/03/09 05/01/09 10/03/09 LIMITS EACH OCCURRENCE FIRE DAMAGE (Anyona lira) MED EXP (Any ono person) PSRSOMAl 1 AOV INJURY .GENERAL AGGREGATE PRODUCTS -COMP/O-PAOO COMBINED SINGLE LIMIT (£3 accident) BODILY INJURY (Per parson) BODILY INJURY (Per accident} PROPERTY DAMAGE(Per accident) AUTO ONLY • 6A ACCIDENT OTHER THAN *^ £££,., AUTO ONLY: A6G EACH OCCURRENCE AGGREGATE V iWCSTATU- |OtH-*• ITORY LIMITS. I ER E.L. EACH ACCIDENT 6.L. DISEASE -6A EMPLOYEE E.L, DISEASE - POLICY LIMIT 51,000,000 s1rOQO.OOO S10.000 51,000,000 32,000,000 sZfoOjOoa 51,000,000 S S $ s i s 59,000,000 59,000,000 s s s $1,000,000 $1,000,000 s1 ,000,000 $5,000,000 per Claim $5,000,000 Annl Aggr. GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. REF: ALL OPERATIONS OF THE NAMED INSURED. (See Attached Descriptions) CERTIFICATE HOLDER NRG Energy, Attn: Mark Ko 1817 Aston A Carlsbad, CA ! ACORD 25-S{7/97)-j of 2 1 ADOmoNALINSUREQ;INSURERLETTER: CANCELLATION Inc. dis t/e, Suite 104 92003 SHOULD ANYOFTHE ABOVE DESCRWED POLICIESBE CANC6LLED BiEFORE TH E EXPIRATION . DATE THEREOF, THE ISSUING INSURER WI«x5ffOB«X*9C TOMAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDERNAMED TOTHE LEFTjeC!it)t»KS!5e(iO««SOa»«<K »«»8etKK»««XKmeKXtWXXI8X3e^^ jResRBBeaxxioesx AUTHORIZED REPRESENTATIVE ' ="*' /? 'f -:• ^ ,/ v4L-i(X •^>) — #M237804 NMF ® ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: Cabfitlo Power ) LLC, NRG Energy, Inc. NRG Cabrillo Power Operations. COMMERCIAL GENERAL LIABILITY Insurance is primary and non-contributory per policy form wording, Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation in favour of:- Cabrillo Power I LLC, NRG Energy. Inc. NRG Cabrillo Power Operations, AMS 25.3 (07/97) 2 of 2 #M237804 ACCESS AGREEMENT 1. This Access Agreement is made as of April 10,2009, between the undersigned Licensor as owner of the premises (or as agent for or authorized representative of such owner) described herein ("Licensor") and Tri-County Drilling, 9631 Candida Street, San Diego, CA 92126 (fax: 858-784-0342) ("Licensee") in connection with conducting geotechnical borings along a potential sewer line easement requested by the City of Carlsbad from Licensor at Licensor's premises generally described as follows (the "Premises"): an area adjacent to an existing main line sewer pipeline along the western edge of Licensor's tank farm property bordered by the 1-5 Freeway and the NCTD rail tracks at the Encina Generating Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 at points marked on a drawing provided by the City of Carlsbad to Licensor. 2. Licensor hereby grants to Licensee the right to enter onto the Premises and conduct geotechnical borings in accordance with a Licensor approved work plan to be submitted by Licensee to Licensor (the "Drilling Program"). 3. Licensor is the owner of said Premises, and Licensor is fully authorized to enter into this Access Agreement and has the right to grant Licensee the use of said Premises and each and all of the rights herein granted and that no one else's permission is required. 4. Licensor is providing access for the Drilling Program without compensation at the request of, and as an accommodation to, the City of Carlsbad, without conceding that any particular expansion of the existing sewer line easements will be identified as a result of the Drilling Program. 5. Licensee shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear and use of said Premises for the purposes herein permitted. Licensee shall dispose of any core drilling spoils in accordance with applicable environmental rules and regulations. Licensee shall clean any debris or rubbish left by its visitors on the Premises. Any property of Licensee left on the Premises after clean-up and removal has occurred shall be considered abandoned after thirty (30) days, and may be disposed of by Licensor, at its discretion. 6. Licensee does hereby for itself and its legal representatives, successors and assigns, agree to and hereby does expressly and fully release, indemnify, defend and hold harmless Licensor and its affiliates and its and their respective agents, representatives, members, employees, successors, assigns, officers, directors, and representatives (collectively, "Licensor's Related Parties") from and against any and ail claims, suits, losses, damages, demands, causes of action and liabilities of any kind i ACCESS AGREEMENT - Ninyo & Moore or character (including, but not limited to, attorneys' fees, costs of litigation and investigation and other costs associated therewith) (collectively, "Claims") caused by or arising out of or in any way incidental to or connected with the entry or presence of Licensee or its affiliates or its or their agents, representatives, servants, employees, contractors, customers, or invitees in, on or about the Premises, or their activities in setting up scenery, equipment, sets, or use of any Premises equipment, whether imposed by statute, rule or regulation or theory of strict liability and regardless of cause or of the negligence or fault of Licensor and/or Licensor's Related Parties, WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOINT, COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S . RELATED PARTIES OR CLAIMING BY, THROUGH OR UNDER LICENSOR AND/OR LICENSOR'S RELATED PARTIES. Licensee's liability may be limited to not less than five million dollars ($5,000,000) or such greater amount as provided in Licensee's general liability insurance policy. Licensee shall not be admitted to the Premises without first providing evidence of general liability insurance naming Licensor (Cabrillo Power ILLC, and its parent, NRG Energy, Inc.) and its site operator, NRG Cabrillo Power Operations Inc., and their respective officers, employees, contractors and agents, as additional insureds with limits of not less than the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's insurance department. Prior to proceeding with any activity which may involve risk to persons or property, Licensee shall meet with Licensor's site safety representative to review the proposed activity, and the safety measures to be employed during the activity. Licensor may halt any further activity if Licensor's site safety representative determines the activity to be unreasonably unsafe. Notwithstanding this requirement, Licensee shall be solely responsible for any activities involving its Drilling Program, and Licensee shall not request the use or operation of any Premises equipment by its technicians or by any Licensor operating personnel or Licensor's contractors, and Licensee shall be solely responsible for any accident or injury resulting from such use, regardless of fault or cause. Licensee shall provide an insurance certificate to Licensor which contains the provisions set forth in Exhibit A attached hereto and incorporated by this reference. 7. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND LICENSOR HEREBY CONSENTS TO THE JURISDICTION' OF SAID STATE. - 8. This Agreement is entered into as of the date indicated below, represents and the entire agreement between the parties, and may be amended only in writing signed by the parties. If the safety officer for Licensor observes any unsafe practices, he may terminate the license granted herein without further notice. 2 ACCESS AGREEMENT - Ninyo & Moore 60? CABRILLO POWER I LLC TRI-COUNTY DRILLING (Licensor) (Licensee) BY: By: Authorized officer Its: ACCESS AGREEMENT - Ninyo & Moore EXHIBIT A Insurance Provisions 1. Insurance. Licensee agrees that it is ultimately responsible to ensure that Licensee, its agents, representative, servants, employees, contractors, customers, or invitees (collectively referred to as "Licensee Related Parties" in this insurance provision) who enter in, on, or about the Premises have, or shall have in place at the time of such entry ("Date of Entry"), Commercial General Liability insurance, including coverages for bodily injury liability, including death, personal injury, property damage, premises/operations, products/completed operations, independent contractors, broad form contractual liability, separation of insureds, and no exclusions for any of XC&U exposures, in support of Licensee's indemnification hereunder, . with per occurrence limits of not less than $5,000,000.00 (whether in a primary policy or a combination of primary and excess coverage), written on an occurrence basis. Licensee Related Parties shall also maintain statutory Workers' Compensation Insurance that extends coverage to anyone who enters in, on, or about the Premises, including Employer's Liability limits of $1,000,000. If vehicles will be operated in, on, or about the Premises by Licensee Related Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of $5,000,000.00 that will extend coverage to such Licensee Related Parties. All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as Licensor may, from tune to time, reasonably require, with the premiums fully paid on or before the due dates. The Commercial General Liability and Automobile Liability (if applicable) insurance policies of Licensee Related Parties shall be endorsed to include Licensor Related Parties as additional insureds. The additional insured status on the General Liability insurance policy shall extend to both ongoing and completed operations. The Workers' Compensation policy maintained by Licensee shall contain a waiver of subrogation clause in favor of Licensor Related Parties. All policies of insurance required to be maintained by Licensee Related Parties shall specifically provide that Licensor shall be given at least thirty (30) days prior written notice of any cancellation or nonrenewal of any such policy. A duly executed certificate of insurance with respect to each such policy shall be deposited with Licensor on or before the initial Date of Entry, and a duly executed certificate of insurance with respect to each subsequent policy shall be deposited with Licensor at least thirty (30) days prior to the expiration of the preceding such policy. All insurance policies obtained by Licensee Related Parties hereunder shall be written as primary policies (primary over any insurance carried by Licensor Related Parties), not contributing with and not in excess of coverage which Licensor Related Patties may carry, if any. In the event-of any Claim, Licensee shall look solely to such insurance and/or any other insurance earned by Licensee. ACCESS AGREEMENT-Ninyo & Moore ACCESS AGREEMENT 1. This Access Agreement is made as of April 103-, 2009, between the undersigned Licensor as owner of the premises (or as agent for or authorized representative of such owner) described herein ("Licensor") and Ninyo & Moore, ac44f6s&5710 RirFfin Road San Dieao. CA 92123 (tax: 858-576-9600)4fe-*--) ("Licensee") in connection with conducting geotechnical borings along a potential sewer line easement requested by the City of Carlsbad from Licensor at Licensor's ' premises generally described as follows (the "Premises"): an area adjacent to an exisiing main line sewer pipeline along the western edge of Licensor's tank farm property bordered by the 1-5 Freeway and the NCTD rail tracks at the Encina Generating Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 at points marked on a drawing provided by the City of Carlsbad to Licensor. 2. Licensor hereby grants to Licensee the right to enter onto the Premises and conduct geotechnical borings in accordance with a Licensor approved work plan to be submitted by Licensee to Licensor (the "Drilling Program"), 3. Licensor is the owner of said Premises, and Licensor is fully authorized to enter into this Access Agreement and has the right to grant Licensee the use of said Premises and each and all of the rights herein granted and that no one else's permission is required, 4. Licensor is providing access for the Drilling Program without compensation at the request of, and as an accommodation to, the City of Carlsbad, without conceding that any particular expansion of the existing sewer line easements will be identified as a result of the Drilling Program. 5. Licensee shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear and use of said Premises for the purposes herein permitted. Licensee shall dispose of any core drilling spoils in accordance with applicable environmental rules and regulations. Licensee shall clean any debris or rubbish left by its visitors on the Premises. Any property of Licensee left on the Premises after clean-up and removal has occurred shall be considered abandoned after thirty (30) days, and may be disposed of by Licensor, at its discretion. 6. Licensee does hereby for itself and its legal representatives, successors and assigns, agree to and hereby does expressly and fully release, indemnify, defend and hold harmless Licensor and its affiliates and its and their respective agents, representatives, members, employees, successors, assigns, officers, directors, and representatives (collectively, "Licensor's Related Parties") from and against any and all claims, suits, losses, damages, demands, causes of action and liabilities of any kind i ACCESS AGREEMENT - Ninyo & Moore or character (including, but not limited to, attorneys' fees, costs of litigation and investigation and other costs associated therewith) (collectively, "Claims") caused by or arising out of or in any way incidental to or connected with the entty or presence of Licensee or its affiliates or its or their agents, representatives, servants, employees, contractors, customers, or invitees in, on or about the Premises, or their activities in setting up scenery, equipment, sets, or use of any Premises equipment, whether imposed by statute, rule or regulation or theory of strict liability and regardless of cause or of the negligence or fault of Licensor and/or Licensor's Related Parties, WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOFNT, COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S RELATED PARTIES OR CLAIMING BY, THROUGH OR UNDER LICENSOR AND/OR LICENSOR'S RELATED PARTIES. Licensee's liability may be limited to not less than five million dollars ($5,000,000) or such greater amount as provided in Licensee's general liability insurance policy. Licensee shall not be admitted to the Premises without first providing evidence of general liability insurance naming Licensor (Cabrillo Power I LLC, and its parent, NRG Energy, Inc.) and its site operator, NRG Cabrillo Power Operations Inc., and their respective officers, employees, contractors and agents, as additional insureds with limits of not less than the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's insurance department. Prior to proceeding with any activity which may involve .risk to persons or property, Licensee shall meet with Licensor's site safety representative to review the proposed activity, and the safety measures to be employed during the activity. Licensor may halt any further activity if Licensor's site safety representative determines the activity to be unreasonably unsafe. Notwithstanding this requirement, Licensee shall be solely responsible for any activities involving its Drilling Program, and Licensee shall not request the use or operation of any Premises equipment by its technicians or by any Licensor operating personnel or Licensor's contractors, and Licensee shall be solely responsible for any accident or injury resulting from such use, regardless of fault or cause. Licensee shall provide an insurance certificate to Licensor which contains the provisions set forth in Exhibit A attached hereto and incorporated by this reference. 7. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID STATE. - 8. This Agreement is entered into as of the date indicated below, represents and the entire agreement between the parties, and may be amended only in writing signed by the parties. If the safety officer for Licensor observes any unsafe practices, he may terminate the license granted herein without further notice. 2 ACCESS AGREEMENT- Ninvo & Moore CABRILLO POWER I LLC (Licensor) NINYO & MOORE (Licensee) BY: Authorized officer By: Its: Executive Director ACCESS AGREEMENT- Ninyo & Moore EXHIBIT A Insurance Provisions 1 . Insurance. Licensee agrees that it is ultimately responsible to ensure that L icensee, its agents, representative, servants, employees, contractors, customers, or invitees (collectively referred to as "Licensee Related Parties" in this insurance provision) who enter in, on, or about the Premises have, or shall have in place at the time of such entry ("Date of Entry"), Commercial General Liability insurance, including coverages for bodily injury liability, including death, personal injury, property damage, premises/operations, products/completed operationsproperty ttge, independent contractors., aftd-broad form contractual liability, separation of insureds. and no exclusions For any of XC&U exposures, in support of Licensee's indemnification hereunder, with per occurrence limits of not less than $5,000,000.00 (whether in a primary policy or a combination of primary and excess coversage), written on an occurrence basis. Licensee Related Parties shall also maintain statutory Workers' Compensation Insurance that extends coverage to anyone who enters in, on, or about the Premises, including Employer's Liability limits of $1.000,000. If vehicles will be operated in, on, or about the Premises by Licensee Related Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of $5.000,000,00 that will extend coverage to such Licensee Related Parties. All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as Licensor may, from time to time, reasonably require, with the premiums fully paid on or before the due dates. The Commercial General Liability and Automobile Liability (if applicable) insurance policies of Licensee Related Parties shall be endorsed to include Licensor Related Parties and its affiliates as additional insureds. The additional insured status on the General Liability insurance policy shall extend to both ongoing and completed operations. The Workers' Compensation policy maintained by Licensee shall contain a waiver of subrogation clause in favor of Licensor Related Parties and its affiliates. All policies of insurance required to be maintained by Licensee Related Parties shall specifically provide that Licensor shall be given at least thirty (30) days prior written notice of any cancellation or nonrenewal of any such policy. A duly executed certificate of insurance with respect to each such policy shall be deposited with Licensor on or before the initial Date of Entry, and a duly executed certificate of insurance with respect to each subsequent policy shall be deposited with Licensor at least thirty (30) days prior to the expiration of the preceding such policy. All insurance policies obtained by Licensee Related Parties hereunder shall be written as primary policies (primary over any insurance carried by Licensor Related Partiesand/or its affiliates). not contributing with and not in excess of coverage which Licensor Related Parties and/eg-'its-affiliatOG may carry, if any. In the event of any Claim, Licensee shall look solely to such insurance and/or any other insurance carried by Licensee. ACCESS AGREEMENT - Ninyo & Moore ACCESS AGREEMENT 1. This Access Agreement is made as of April 3,2009, between the undersigned Licensor as owner of the premises (or as agent for or authorized representative of such owner) described herein ("Licensor") and Ninyo & Moore, address (fax ) ("Licensee") in connection with conducting geotechnical borings along a potential sewer line easement requested by the City of Carlsbad from Licensor at Licensor's premises generally described as follows (the "Premises"): an area adjacent to an existing main line sewer pipeline along the western edge of Licensor's tank farm property bordered by the 1-5 Freeway and the NCTD rail tracks at the Encina Generating Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 at points marked on a drawing provided by the City of Carlsbad to Licensor. 2. Licensor hereby grants to Licensee the right to enter onto the Premises and conduct geotechnical borings in accordance with a Licensor approved work, plan to be submitted by Licensee to Licensor (the "Drilling Program"). 3. Licensor is the owner of said Premises, and-Licensor is fully authorized to enter into this Access Agreement and has the right to grant Licensee the use of said Premises and each and all of the rights herein granted and that no one else's permission as required, 4. Licensor is providing access for the Drilling Program without compensation at the request of, and as an accommodation to, the City of Carlsbad, without conceding that any particular expansion of the. existing sewer line easements will be identified as a result of the Drilling Program. 5. Licensee shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear and use of said Premises for the purposes herein permitted. Licensee shall dispose of any core drilling spoils in accordance with applicable environmental rules and regulations. Licensee shall clean any debris or rubbish left by its visitors on the Premises. Any property of Licensee left on the Premises after clean-up and removal has occurred shall be considered abandoned after thirty (30) days, and may be disposed of by Licensor, at its discretion. 6. Licensee does hereby for itself and its legal representatives, successors and assigns, agree to and hereby does expressly and fully release, indemnify, defend and hold harmless Licensor and its affiliates and its and their respective agents, representatives, members, employees, successors, assigns, officers,, directors, and representatives (collectively, "Licensor's Related Parties") from and against any and all claims, suits, losses, damages, demands, causes of action and liabilities of any kind or character (including, but not limited to, attorneys* fees, costs of litigation and i ACCESS AGREEMENT-Ninyo & Moore investigation and other costs associated therewith) (collectively, "Claims") caused by or arising out of or in any way incidental to or connected with the entry or presence of Licensee or its affiliates or its or their agents, representatives, servants, employees, contractors, customers, or invitees in, on or about the Premises, or their activities in setting up scenery, equipment, sets, or use of any Premises equipment, whether imposed by statute, rule or regulation or theory of strict liability and regardless of cause or of the negligence or fault of Licensor and/or Licensor's Related Parties, WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOINT, COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S RELATED PARTIES OR CLAMING BY, THROUGH OR UNDER LICENSOR AND/OR LICENSOR'S RELATED PARTIES. Licensee's liability may be limited to not less than five million dollars ($5,000,000) or such greater amount as provided in Licensee's general liability insurance policy. Licensee shall not be admitted to the Premises without first providing evidence of general liability insurance naming Licensor (Cabrillo Power ILLC, and its parent, NRG Energy, Inc.) and its site operator, NRG Cabrillo Power Operations Inc., and their respective officers, employees, contractors and agents, as additional insureds with limits of not less than the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's insurance department. Prior to proceeding with any activity which may involve risk to persons or property, Licensee shall meet with Licensor's site safety representative to review the proposed activity, and the safety measures to be employed during the activity. Licensor may halt any further activity if Licensor's site safety representative determines the activity to be unreasonably unsafe. Notwithstanding this requirement, Licensee shall be solely responsible for any activities involving its Drilling Program, and Licensee shall not request the use or operation of any Premises equipment by its technicians or by any Licensor operating personnel or Licensor's contractors, and Licensee shall be solely responsible for any accident or injury resulting from such use, regardless of fault or cause. Licensee shall provide an insurance certificate to Licensor which contains the provisions set forth in Exhibit A attached hereto and incorporated by this reference. 7. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID STATE. 8. This Agreement Is entered into as of the date indicated below, represents and the entire agreement between the parties, and may be amended only in writing signed by the parties. If the safety officer for Licensor observes any unsafe practices, he may terminate the license granted herein without further notice. ACCESS AGREEMENT - Ninyo & Moore CABR1LLO POWER I LLC (Licensor) NINYO & MOORE (Licensee) BY: Authorized officer By:. Gregory T. Farrand, CEO Principal Geologist ACCESS AGREEMENT - Ninyo & Moore EXHIBIT A Insurance Provisions 1. Insurance. Licensee agrees that it is ultimately responsible to ensure that Licensee, its agents, representative, servants, employees, contractors, customers, or invitees (collectively referred to as "Licensee Related Parties" in this insurance provision) who enter in, on, or about the Premises have, or shall have in place at the time of such entry ("Date of Entry")} Commercial General Liability insurance, including coverages for bodily injury liability, premises/operation, property damage, independent contractors and broad form contractual liability in support of Licensee's indemnification hereunder, with per occurrence limits of not less than $5,000,000.00 (whether in a primary policy or a combination of primary and excess coversage). Licensee Related Parties shall also maintain statutory Workers' Compensation Insurance that extends coverage to anyone who enters in, on, or about the Premises. If vehicles will be operated in, on, or about the Premises by Licensee Related Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of $5,000,000.00 that will extend coverage to such Licensee Related Parties. All insurance coverage maintained hereunder. shall be placed with companies, on forms and in such amounts as Licensor may, from time to time, reasonably require, with the premiums fully paid on or before the due dates. The Commercial General Liability and Automobile Liability (if applicable) insurance policies shall be endorsed to include Licensor and its affiliates as additional insureds. The Workers' Compensation policy maintained by Licensee shall contain a waiver of subrogation clause in favor of Licensor and its affiliates. All policies of insurance required to be maintained by Licensee Related Parties shall specifically provide that Licensor shall be given at least thirty (30) days prior written notice of any cancellation or nonrenewal of any such policy. A duly executed certificate of insurance with respect to each such policy shall be deposited with Licensor on or before the initial Date of Entry, and a. duly executed certificate of insurance with respect to each subsequent policy shall be deposited with Licensor at least thirty (30) days prior to the expiration of the preceding such policy. All insurance policies obtained by Licensee Related Parties hereunder shall be written as primary policies (primary over any insurance carried by Licensor and/or its affiliates), not contributing with and not in excess of coverage which Licensor and/or its affiliates may cany, if any. In the event of any Claim, Licensee shall look solely to such insurance and/or any other insurance carried by Licensee. ACCESS AGREEMENT - Ninyo & Moore Jayme Foster From: Ross, Ronald Sent: Wednesday, April 22, 2009 2:43 PM To: Kodis, Marc Subject: . RE: Agua Hedionda DEH Permit Attachments: Lagoon Boring Locations copy.jpg Mark, Attached is an aerial identifying the boring locations at the lagoon. The boring locations are approximate and dependent on the ability to access B-4 it could be in parcel 210-010-41 or in 210-010-26. Boring B-4 is the only location that has some variables and is covered in the count for the previous and currently requested DEH permits. Respectfully, (853) 514-8822 (office) (853) 514-8833 (fax) From: Kodis, Marc [mai1to:Marc,Kodisig)nrQenergv.corn1 Sent: Wednesday, April 22, 2009 1:37 PM To: Ross, Ronald Subject: RE: Agua Hedionda DEH Permit Ron, can you send the boring location map for these 2 borings. An aerial overlay would be the best like you did before showing the parcel #. From: Ross, Ronald [mailto:rross@BrwnCald.corn] Sent: Wednesday, April 22, 2009 11:24 AM To: Kodis, Marc Subject: Agua Hedionda DEH Permit Mark, Attached is the DEH permit for the borings at the lagoon. Also if you have a contact at SDGE Real Estate it would be very helpful. Thank you for your assistance. Respectfully, (858) 514-8822 (office) (858) 514-8833 (fax) GARY W. ERBECK DEPARTMENT OF ENVIRONMENTAL HEALTH JACK MILLE5 DiRECTO* LAND AND WATER QUALITY DIVISION ASSISTANT DOCTOR P.O. BOX 129261, SAN DfEGO, CA 92112-9261 SIS-338-2222/FAX S1 9-333-231 5/1-800-253-993? www.sdcounty.ca.gov/deh/Iwq PROPERTY OWNER CONSENT Proposed locations for subsurface work: Property Address: , Assessor's Parcel Number (APN): i, _*• , owner of the property/properties listed above, give my permission to yVwyJQ •* vt*>n?-. VQ C^^kTV) (consulting company, contractor) to conduct the following work at the locations stated EJbove. DV'i Hi K<:\ —' V OQ Install monitoring wells CD Destroy monitoring wells ffl Drill •^ soil borings t^^ I /• fr A vI understand that H0'^'^^^ (registered professional) of f/'.v-AJO "t l^Aaor^ (consulting company)and an authorized signer for '\Viv fjo.\)f<:\^.j (drilling company) haye submitted a signed application to the Department of Environmental Health in which they have agreed to complete, the above-stated work according the requirements of the current SAM Manual, ali ordinances and laws of the County of San Diego and the State of California pertaining to-well/boring construction and destruction, I have arranged with the Responsible Party, the person who causes to have monitoring wells/borings installed or existing wells destroyed on this property, to ensure proper closure of the monitoring well's/borings. Property Owner Signature: Date: Print Name: ^ Title: ' Company: Mailing Address: DEH:SAM-SS03(Rev. 5-07) ct\ vs B9BtSI»i3Sl8iSB^Efe-'kV r^S, Jayme Foster From: Kodis, Marc [Marc.Kodis@nrgenergy.coml Sent: Tuesday, May 19, 2009 6:09 AMI To: Ross, Ronald Cc: Terry Smith Subject: RE: Revised Property Owner Consent Form Pacific Drilling Attachments: Pacific Drilling - DEH Consent Draft.pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Attached is the signed DEH property owner consent We should have a draft access agreement available shortly. Please forward insurance accord from Pacific Drilling. Thank you, Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 OtT760-710-2142 Cell 760-535-2119 Fax 760-710-2158 From; Ross, Ronald [mailto:rross@BrwnCalcl.com] Sent: Thursday, May 14, 20Q9 10:18 AM To: Kodis, Marc Cc: Terry Smith Subject: Revised Property Owner Consent Form Pacific Drilling Marc, Please find attached the revised DEH property owner consent form for Pacific Drilling to conduct the two borings at the lagoon. We are working to provide you the insurance requirements for the new driller. This should be available in a couple of days. Thank you for your assistance, «Property Owner Consent. pdf» Respectfully, 9665 Chesapeake Drive, Suite 201 San Diego, California, 92123 a (858) 514-8822 (office) (858) 571-6719 (direct) {858) 514-8333 (fax) GARY W. ERBECK DIRECTOR DEPARTMENT OP SWrRONMENTAL H EALTH LAND AND WATER QUALITY DIVISION P.O. OOX 129261, SAN OIE-CQ, CA ; 61 9-33 3-22 22/FAX 8 19-338-2 3 1 5/1 -800- 253 -9933 http://www.sdcdeh.org JACK MILLER ASSISTANT DIRECT OR PROPERTY OWNER CONSENT Proposed local ions for subsurface work: Property Address:Assessor's Parcel Number (APN); \o -- oo gj.o- o\o- 4i- QO VV'.VJoJL jpove. , owner of the property/properties listed above, give my permission to monitoring wells • (consulting company, contractor) to conduct the following work at the locations Q.Destroy. reqlstared professional) of ' monitoring wells Drill soil borings _(consuliing company) and an stated a] [1 Install 1 understand tha! authorized signer for p&.O *c ^L CVi (AVe^ (drilling company) hdve submitted a signed application to the Department of Environmental Health in which, they have agreed to complete the above-stated work according the requirements of the current SAM Manual, all ordinances and laws of the County of San Diego artd the- State of California pertaining to well/boring construction and destruction. I have arranged with the Responsible Party, the person who causes to have monitoring weilsfoorings installed or existing wel|s,destrbyedi on this property, to ensure proper closure of the monitoring wells/borings. Property Owner Signature:' /C-^S^ ..j^V^C^^^wtx^.Xl _.. Date: y- f _, ~. f") i -\ f- Print Name: KJ?-- nu "b. . 'L i" £A-o^-*-%»ij' Title; jnrtlJ. Company: _ LA-"'&£-A L.S....C-V t^>..L-^*g; Mailing Address: \_6.LL_. tA<,T»o AI«.. ^.'4 . I 0 4> /!>fae.<.J-y?^D, CA c} 3LO DEH:SAM-S503 (Rov, 7-0 Jayme Foster From: Terry Smith [Terry.Smith@carlsbadca.gov] Sent: Tuesday, May 19, 2009 2:46 PM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Cross Sections Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Marc, We'll plan on 1:00 on the 28th at your Aston office for now, unless we here differently. Terry From: Kodis, Marc [mailto:Marc.Kodis(ainrgeneray.cQm] Sent: Tuesday, May 19, 2009 2:30 PM To: Terry Smith Cc: Ross, Ronald Subject: RE: Cross Sections Might need to do a different day. Need to get a few people involved with this. Will let you know. From: Terry Smith [mailto:Terry.Smith@carl5badca.qovl Sent: Tuesday, May 19, 2009 1:18 PM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Cross Sections Our project manager for the Coastal Rail Trail would like to take a took at the west side of the tracks if you think this might be a more acceptable alignment, if not, then we can meet at your Aston office. If you might be interested in this, we can also do the field trip on a different day. Terry From: Kodis, Marc [mailto:Narc.Kodis(5>nrgerierqy.com1 Sent: Tuesday, May 19, 2009 10:43 AM To: Terry Smith Cc: Ross, Ronald Subject: RE: Cross Sections That works. I was thinking of meeting at our Aston office. Is there a need to meet at the plant? From: Terry Smith [mai!t6:Terry.Smith@carisbadca.qov1 Sent: Tuesday, May 19, 2009 10:15 AM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Cross Sections Marc, That is fine. How about 1:00 at the power plant on the 28th. I am still working with the geotech to clarify some issues, then I will e-maii you an update on the soils testing and pipe condition issue. Other than that, are there any outstanding issues on the work plan. Pacific Drilling needs to provide you with their insurance certificate and execute your agreement and 1 need to address your request for soils testing. Anything else we need to resolve in order to move forward with our geotech investigation? Let me know. Thanks, Terry From: Kodis, Marc [mailto:Marc.Kodis@nraenerav.com1 Sent: Tuesday, May 19, 2009 9:12 AM To: Terry Smith Subject: RE: Cross Sections Hi Terry, Can we postpone our meeting one week to the 28th? Same time will work fine but can work with other times as well. The signed DEH consent form has been sent back and are trying to wrap up other requirements for Pacific Drilling as noted in previously sent email. Any status on soils testing request? Thank you, Marc A. Kodis. i-'E Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 O1T760-710-2142 Cell 760-535-2119 Fax 760-710-2158 From: Terry Smith rmailto;Terry.Smith@carlsbadca.qovl Sent: Wednesday, May 13, 2009 12:14 PM To: Kodis, Marc Subject: Cross Sections Marc, As you requested, I am providing you with a typical section for the Coastal Rail Trail. These sections are from the portion of the project that is complete north of Tamarack, but it will give you a good idea of our requirements and those of SANDAG. I am also sending you a cross section across the NRG property that we can use for discussion purposes when we meet next. As for our next meeting, I would like to meet at your office or the plant site next Thursday at 1:30 if this will work for you. I will send you the e-mail you requested about soils testing after I have discussed this issue with our gee-technical consultant, which should be some time today. Ron will be sending you a new County form for your signature if he hasn't already done this. Also, please send Ron a new right-of-entry agreement for our new driller and we will get it executed ASAP. Thanks for your cooperation, Jayme Foster From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Thursday, May 28, 2009 11:26 AM To: Terry Smith Cc: Ross, Ronald Subject: RE: Meeting Today Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Thanks Terry. Who will be at the meeting from the City/other representatives? We want to make sure that we are allowing for the right size room. From: Terry Smith [maitto:Terry.Srnith@carlsbadca.qov1 Sent: Thursday, May 28, 2009 10:07 AM To: Kodis, Marc Cc: Ross, Ronald Subject: Meeting Today Marc, In preparation of our meeting this afternoon, we will prepare an agenda of the items we wish to discuss. Our main topics are the geotechnical investigation and the easements for the new pipeline and pump station. Should I bring our project manager to discuss Coastal Rail Trail issues? Who will be attending on behalf of NRG? Please let me know if you have additional agenda items or sub-items that you would like to discuss. Regarding the geotechnical investigation, it is my understanding that you have everything you need from us and we are only awaiting the access agreement from you for our drilling contractor to sign. Additionally, the design team has discussed your concern about the condition of the existing interceptor. To alleviate, your concerns and ours, we will pothole over the existing sewer on your property to expose the upper half of the pipe in one location to determine whether the concrete pipe has any exterior deterioration. We have already televised the interior of the pipe and know that it is in good condition. We will use this information, the new soils data, and the record drawings to verify that the pipe is able to withstand the current earth loads plus H20 loading for our maintenance vehicles that need to make daily trips to the sewer lift station. As part of our proposed geotechnical investigation, we will perform CBR tests at one location to ensure that we have adequate soils information available should a special pavement section need to be designed to protect the existing sewer pipe from the City's anticipated load conditions. We will be happy to share the results of our geotechnical investigation with you in addition to our load calculations on the existing sewer for the City's load conditions. I look forward to meeting with you this afternoon to resolve these outstanding issues. Thanks, ; Terry L. Smith Sr. Civil Engineer City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 (760)602-2765 623 Jayme Foster From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Thursday, May 28, 2009 11:46 AM To: Terry Smith Cc: Ross, Ronald Subject: RE: Meeting Today Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Terry, to answer the questions in your first paragraph, I think we snouKJ keep Coastal Rail Trail discussion to minimum but having Sherri at the meeting would be fine in case there are issues that corne up. Agree with your main topics. We would like to start to get issues on Jhe table that will be part of an easement agreement. Our expectation for meeting length is hour and a half but no problem if we go a bit over. The same group will be at the meeting as last time. In addition we will have a conference line open for anyone who wants to participate by phone. George Piantka David Lloyd (representing coastal rail issues) Bob Wojcik and in addition, Alan Comnes who is our Asset .Manager for Cabrillo I, From; Terry Smith [mai'lto:Terry.Smith^carjsbadca.goy] Sent: Thursday, May 28, 2009 10:07 AM To: Kodis, Marc Cc: Ross, Ronald Subject: Meeting Today Marc, In preparation of our meeting this afternoon, we will prepare an agenda of the items we wish to discuss. Our main topics are the geotechnical investigation and the easements for the new pipeline and pump station. Should I bring our project manager to discuss Coastal Rail Trail issues? Who will be attending on behalf of NRG? Please let me know if you have additional agenda items or sub-items that you would like to discuss. Regarding the geotechnical investigation, it is my understanding that you have everything you need from us and we are only awaiting the access agreement from you for our drilling contractor to sign. Additionally, the design-team has discussed your concern about the condition of the existing interceptor. To alleviate your concerns and ours, we will pothole over the existing sewer on your property to expose the upper half of the pipe in one location to determine whether the concrete pipe has any exterior deterioration. We have already televised the interior of the pipe and know that it is in good condition. We will use this information, the new soils data, and the record drawings to verify that the pipe is able to withstand the current earth loads plus H20 loading for our maintenance vehicles that need to make daily trips to the sewer lift station. As pari of our /' proposed geotechnical investigation, we will perform CBR tests at one location to ensure that we have adequate soils information available should a special pavement section need to be designed to protect the existing sewer pipe from the City's anticipated load conditions. We will be happy to share the results of our geotechnical investigation with you in addition to our load calculations on the existing sewer for the City's load conditions. I look forward to meeting with you this afternoon to resolve these outstanding issues. Thanks, Terry L Smith Sr. Civil Engineer City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 (760) 602-2765 AGENDA NCR Energy Coordination Meeting CITY OF CARLSBAD Agua Hedionda Lift Station and Vista/Carlsbad Interceptors NRG Corporate Office, May 28, 2009 1:00 pm I. INTRODUCTIONS II. FIELD INVESTIGATIONS a. Geotechnical Evaluation i. Access Agreement/Permitting ii. Scheduling b. 42-inch Sewer Potholing i. Location ii. Subconsultant Access Agreement iii. Scheduling III. SEWER PIPE LOADING DATA IV. PROPOSED EASEMENTS/PROPERTY a. Sewer Easement b. Lift Station Site c. Lift Station Access d. NRG Heavy Haul Road V. COASTAL RAIL TRAIL ALIGNMENT Working Copy i f ^.r' ~ a ft f *<~LC _f '^ &7 r* ^^^C^-H. rf* eC ->t •*»• & /^-c X . .**^ f jT /•*. ,<^> -Cj->-a • *.- »\S Jayme Foster From: Terry Smith [Terry.Smith@carlsbadca.gov] Sent: Thursday, May 28, 2009 4:49 PM To: Kodis, Marc Cc: Ross, Ronald Subject: FW: V/C Interceptor and Agua Hedionda LS Schedule Attachments: Document, pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Marc, Here is,a copy of our latest schedule for your information. Terry L. Smith Sr. Civil Engineer City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 (760) 602-2765 days MonOyifMW 03/13'09 days Mon 01/1 6/09 .i05/29<09 tfays Mon Of0 1/09 Fri 07/31/09 days Mon 08/03/09 FriQS/28.'09 ssys Mon OS/1 1/09 Wod 12/30,'09 aayt Mon 05/11/09 Wed 06/ (0/09 days Wed 06/10/09 WedOS/IOTO days Thu OC/11/09 Tua OS/1 1/08 days Mon 08/31/09 Fri 1 1/00/09 days Man 11/09/09 Wed 12/09.09 days Thu 11/19/09 Wedl 2/30/09 days Wod 12/30/09 Wod 12/30*0 days Wod 12/30/09 Mon 06/21/10 days Wed 12/30/09 Wed 12/30,'OS days Thu 12/31/09 Wod OS/1B.<10 days Thu 06/17/10 Mon 06/21/10 days Mon 07/21/08 Fil 01/07/11 lays Mon 07/21/08 Thu 08/20;09 days Fri 10/31/08 Thu 08/20:09 clays Fri 10/31/08 Tfa O&'tK.'OS days Fri 06/05/09 Trw 07/0209 ts.ys Fri 07/03/09 Thu 07/23W9 days Fri 07/24/09 Thu 08/20*09 days MonO7/2U08 Fri 10/IO/OB days. TuaGS/05/dS Mon 06/01 »fl days Thu 01/29/08 Mon 04/20/09 days Tue 04/21/08 Mon OS/01/00 d.iys. Fri 07/03/09 Thu 09/24'OS days FriOS/25/09 Thu 10/1 SKI days ThU 12/31/09 Wod 03/03/10 aays Thu 03/0-1/10 Wed 03/31/10 Says Thu 04/01/10 Wsd 06/02/10 nays MonO4/19/10 Fit 01/07/11 days ThuOC/03/10 Wod 09/18/13 days Thu 06/01/10 Wod 0£/01,'12 days Thu 06/03/10 Wa409/22i'10 days ThuOSAJ3/10 Wod07/28.'10 days Tliu 07/29/10 Wad09/2i'10 days Thu 09/23/10 Wed 11/03/10 days Thu 10/07/10 Mon 03/1 9/1 2 days Thu 12/02/10 Wed 04/25/12 days Thu 03/24/1 1 Wod 08/24(1 1 days Thu 04/26/12 Wed 06/20(12 dsy» ThuOfi/21/12 Wai 08/01(12 days Thu 10/21/10 Wed 03/07/12 days Thu 10/21/10 Woi 02/09)11 day;. Tlxi 10/21/10 Wad 12/15/10 u'sys Tha 12/16/10 Wed 02/09/11 days Thu02/10/11 Wed03/09/11 days. Tlw 03/10/11 Wed 07/27/11 toys Tha 05/05/11 Wed 10/19/11 tbys Thu 10/20/11 Wed12/2&'11 days Thu 12(29/11 VVed01/25'12 oays Thu 01/26/12 Wed 03/07(12 days Thu 03/10/11 Wed 09/18(13 days, Thu 03/10/11 Wad OS/23/11 days Thu 03/10/11 Wed 05/04(11 Alys Thu 05/05/1 1 Wed 06/29(1 1 ciays Thu 06/30/11 Wed 09/07/11 days Thu 04/08/11 Mon 02/18(13 day* Thu 10/06/11 Wed 12/28(11 days Tt>u 12/29/1 1 Wed OS/15/13 dap Thu05/1S/13 WeJ 08/07(13 ;)ays Thu 08/08/13 Wod 09/18/13 | r" t r^ i '!i t. ; . ' "4- rT i • j | J T_ _ _ ^ -^ ^ r TI | 1 t:h i i L j >. t:;:i":iZRZl^~:j ; ; "'jnr..-.»,--«™m ,,»,!. 'TT-,., vriW— IT if rrr- - r™m ' T* •-, ~ ' i -: I ? i 1 *jt ^__ j * ; • ( — ^~ ^ ^^c^-^^-y:. ; • ;. IT Jayme Foster From: Ross, Ronald Sent: Thursday, May 28, 2009 4:52 PM To: Kodis, Marc Subject: Potholing Subconsultant Marc, Attached is the proof of insurance for AirX (potholing sub). Would you like for me to have them contact you directly to coordinate the access agreement? Certificate.pdf AirX contact information: Jamie Ohlson Business Manager AIRX Utility Surveyors, Inc. 2262 Carmel Valley Road, Suite H Del Mar, CA 92014 858-792-2479 Phone 858-792-2417 FAX Respectfully, p.«£. 9665 Chesapeake Drive, Suite 201 San Diego, California, 92123 (858) 514-8822 (office) (858) 571-6719 (direct) (358) 514-8833 (fax) ACORDm CERTIFICATE OF LIABILITY INSURANCE 5/7"TY' PRODUCER Phone: 7SO-304-7120 Fax: £13-699-2.151 Alliant Insurance Services, Inc. Driver Commercial Group 570 Rancheros Drive, Ste 100 San Marcos CA 92069 INSURED Airx Utility Surveyors, Inc. 2262 Carmel Valley Rd #H Del Mar CA 92014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE iNSuRERArTransDortation I INSURERS; First Natl Ins C INSURER C: INSURER D: . INSURER E: NAtC «• 20494 24724 COVERAGES THE POLICIES OF INSURANCE LICT3D DELOW HAV3 BS.BN ISSUED- TO THB IWSORSD NAMBO ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION 0? ANY CONTRACT OS OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE HAY SS ISSUED OR MAY PSRTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, BXCL-USiOKS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWS MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRlADO10~LTR (NSRD TYPE OF INSURANCE A a A X GENERAL LIABILITY X COMMERCIAL, GENERAL LIABILITY | CLAIMS MADE IX I OCCUR OEN'L AOOREOATE LIMIT AP X 1 POUCY 1 ! SECT AUTOMOBILE LIABILITY ' X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNEQ AUTOS i i GARAGE LIABILITY ANY AUTO PLIES PgR; LOG EXC ESSflJMSRELL A LIABI LITY X ! OCCUR 1 j CLAIMS MADE B DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVEOFFICEFUME.MBER EXULUQfcUV if yas. describe under SPECFAL PROVISIONS below OTHER POUCY NUMBER B2082995436 25CC2580491 B2082995114 POLICY EFFECTJVEBATE IMM/DD/Y'Yl 9/18/2008 3/6/2009 9/18/2008 POLICY EXPIRATIONDATE IMM/DO/YY) LIMITS 9/18/2009 3/6/2010 9/18/2009 EACH OCCURRENCE DAMAGETO RENTEDPREMISES fFa occurencel MED EXP (Any one person) PERSONAL* ADU INJURY GENERALAOGREGATE PRODUCTS • COMP/OP- AO3 COMBINED SINGLE LIMIT If a accident) BODILY INJURY (Per person) BODILY INJURY(Peraccklenl) PROPERTY DAMAGE (PwardriARl) AUTO ONLY - EA ACCIDENT OTHER THAN ^A99,r, AUTO ONLY: AGQ EACH OCCURRENCE AGGREGATE WCSTATU- IOTH-TORY LIMITS I 6R E.L, EACH ACCIDENT E-L. DISEASE • 6A EMPLOYEE E.L. DISEASE - POLICY UMIT s 1, OOQ, 000 sifl_(L.ooo S10.000 s 1,000. 000 J2.000, 000 J 2 , 000, 000 »1, 000, 000 s s $ s $ $ 54,000, 000 54,000, 000 S s s $ s s RE: JOB X090024, AGUA HEDONIA LIFT STATION, AVENIDA EMCINAS, CARLSBAD, CA . SROWN AND CALDWELL AND CITY OF CARLSBAD ARE INCLUDED AS ADDITIONAL INSURED PER THS ENDORSEMENTS. CERTIFICATE HOLDER CANCELLATION* 10 DAY NOTICE FOR NONPAYMENT CITY OF CARLSBAD 1535 FARADAY AVE CARLSBAD CA 92008-7314 SHOULD ANY OP THS ABOVE DESCRIBED POLICIES BE CANCELLED SEPORH THE EXPIRATION DATE THEREOF, THH ISSUING INSURER WILL XXXXXXXX XX MAIL 30* DAYS WRITTEN NOTICE .TO THE frERTrPICATE HOLDER NAMED TO THE LEFT, XXX XXXXXXX XX XX XX XXXXX.XXXXXXX XX XXXXXXXXXX XX XXXXXXXXXX XX XXX XXXX XXXX XXX XXXXXXX, XXX XXXXXX XX XXXXXXXXXXXXXXX . AUTHORIZED REPRESENTATI^ . n \ 1^1 ACORD 25 (2001/08)© ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurers), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Jayme Foster From: Ross, Ronald Sent: Friday, May 29, 2009 9:19 AM To: Kodis, Marc Subject: FW: HASWOPER Marc, All individuals handling the drilling are HASWOPER trained. Respectfully, TZcnt. 7?crtL4. (858) 514-8822 (office) (858) 514-8833 (fax) From: Frank Morefand [maiito:fmofeland@ninvoandrnoore.com1 Sent: Friday, May 29, 2009 6:48 AM To: Ross, Ronald Subject: RE: HASWOPER Yes, they will all be 40-hour trained and current. Frank Frank O. Moreland, P.O., C.E.G. Senior Geologist Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road San Diego, California 92123 (858)576-1000 (X1225} (858) 576-9600 (Fax) fmorJelan.d@ninvoandrnoore.com Experience • Quality • Commitment Original Message From: Ross, Ronald [mailto:rross(giBrwnCald.com] Sent: Thursday, May 28, 2009 4:38 PM To: Frank Moreland Subject: HASWOPER Frank, At the NRG meeting- today the question came up whether or not the individuals conducting the drilling and sampling are HASWOPER trained. Do you know? Respectfully, Tim*. ~Rxr*JL T.H. Jayme Foster From: Ross, Ronald Sent: Wednesday, June 03, 2009 2:50 PM To: Kodis, Marc Cc: Terry Smith; Frank Moreland Subject: Geotechnical Work Plan Marc, Please find attached the revised work plan for Ninyo & Moore's.investigation in the tank farm. The new work plan includes NRG"s request for the addition of CBR testing as well as other items discussed. Please contact me if you have any comments or to confirm the work plan is adequate to proceed. Thank you. 106044002 .WORK PLAN. DOC Respectfully, "P.IL. 9665 Chesapeake Drive, Suite 201 San Diego, California, 92123 (858) 51 4-8822 (office) (858) 571 -67 19 (direct) (858) 514-8833 (fax) NINYO & MOORE WORK PLAN AGUA HEDLONDA LIFT STATION AND PIPELINES PROJECT Our Work Plan for the subject project is presented below: • Prepare a site-specific health and safety plan. • Mark borings for utility clearance by Underground Service Alert (USA). • Perform a field reconnaissance and mapping of the alignment by a California-Certified Engineering Geologist. • Drilling, logging, and sampling of 8 borings with a rubber tire all-terrain or truck mounted drill rig equipped with hollow-stem augers. Two borings will be drilled to depths of up to approximately 150 feet, one boring to a depth of up to approximately 60 feet, and five borings to depths of up to approximately 40 feet below the existing ground surface (or refusal). Relatively undisturbed drive samples and bulk samples will be col- lected from the borings for geotechnical testing. Samples from the four borings west of the storage tanks will be tested for California Bearing Ratio (CBR) and R-value. The bor- ings will be backfilled in accordance with County of San Diego requirements. The drilling program is expected to take 4 days. « Cuttings from the borings will be drammed and left onsite, labeled with contents and awaiting characterization. Once the characterization results are received determination of hazardous vs. non-hazardous will be made. Disposal will then be arranged, if soil is cha- racterized as non-hazardous, dirt will be spread in area identified by owner. If characterized as hazardous, the disposal process, including location for disposal will be developed for approval by owner. • Collect soil samples for environmental testing from up to four boring locations at 5-foot depth intervals, or based on field observations, to total depth of the boring or to the groundwater interface (if encountered), using a standard penetration test sampler. • Collect one groundwater grab sample .from each boring, utilizing a disposable bailer, if groundwater is encountered during drilling and is of sufficient quantity for sampling re- quirements. • Submit soil and groundwater samples to a fixed-base laboratory to be analyzed for total petroleum hydrocarbons (TPH) extended range by United States Environmental Protec- tion Agency (USEPA) test method 8015M(B) and volatile organic compounds (VOCs) and fuel oxygenates by USEPA test method &260B. One soil sample per boring and two selected groundwater samples will be analyzed for Title 22 metals by USEPA test method 601 OB/7471, semi-volatile organic compounds (SVOCs) by USEPA test method 8270C, polychlorinated biphenyls (PCBs) by USEPA 8080, organochlorine pesticides (OCPs) by USEPA test method 8081 A, and pH by USEPA method 9040. I060440Q2 WORK PLAN.DOC Prepare one trip blank sample for each day of field work, which will be submitted to a fixed-base laboratory to be analyzed for VOCs and fuel oxygenates by USEPA test method 8260B. Copies of all field reports/data sheets, lab reports and draft and final soil/geotechnical re- ports will be made available to Cabrillo. IOW4400:WORK PLAN.DOC Page 1 of 1 From: Sherri Howard Sent: Wednesday, June 10, 2009 9:42 AM To: Joe Garuba; Skip Hammann; Bill Plummer Cc: Terry Smith; Jacob Moeder Subject: Site Vist to NRG for Coastal Rail Trail Attachments: CRT Reach 3 Site Visit to NRG.pdf; NRG contacts.pdf I have attached some pictures and comments from our site visit to NRG's parcel yesterday. The following summarizes our observations yesterday: The trail on the west side of the tracks is feasible. Additional study of the location is required. The challenges for the west side based on this field visit are: 1. Crossing the railroad from the east side near the sewer lift station. This may require a ramp and undergrounding of the existing power lines and other users on the power poles. 2. Maintaining the tunnel vent. 3. Providing appropriate separation/screening from diesel storage tanks. 4. Maintaining the at-grade crossing and providing appropriate security measures. 5. Trail location in area of southerly transmission line. 6. Trail location in the vicinity of the open earthen drainage channel. 7. Maintaining the spur. 8. Access through SDG&E's property. 9. Access to the Cannon Court project. They have provided an easement and park area for the trail on the east side of the railroad tracks. 10. Based on the ALTA survey d ated 01/10/01 for'the property, there is a 20 foot road and pipeline easement to WD Cannon in the location adjacent to the fence. 11. Type of fencing/screening/security required to separate the trail from the active uses on the NRG west parcel. Public Works - Engineering Sherri Howard Associate Engineer City of Carlsbad Public Works -Engineering Department 1635 Faraday Avenue - Carlsbad, California 92008 760-602-2756 (Direct) fax 760-602-8562 file://Q:\EngineeringShared\Capital Improvement Program\3949 Vista Carlsbad Intercept... 03/15/2011 CRT Reach 3 Site Visit to NRG June 9, 2009 NRG site visit June 9 2009. Attended by Terry Smith and Sherri Howard -City of Carlsbad and David Lloyd and George Piantka with NRG. Potential location of grade separated crossing from east side of rail road tracks to the west side of railroad tracks. May need to underground power lines in the vicinity of a grade separated crossing. This location is at the northerly end of the NRG property west of future sewer lift station. Pa gel of 12 CRT Reach 3 Site Visit to NRG At location of railroad crossing, may need to ramp on west side to gain some elevation. Site appears to be 6-8 feet lower In elevation. June 9, 2009 The area between eucalyptus trees and property line fence is currently used as a lay down area for the dredge pipeline. Power poles are^carrying distribution lines. Also appear to have telephone and CATV. Page 2 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 Page 3 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 View of location of entrance to tunrtel under railroad Wacks. Tunnel vent can be seen at right near power pole. Vent for tunnel under tracks. Page 4 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 Current tunnel carries steam and oil from tanks. After new power plant constructed tunnel will carry the desalinated water conveyance pipeline. Entrance to tunnel under railroad tracks. ta. OFc i"'•»<£» Page 5 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 Tunnel under railroad tracks. Page 6 of12 CRT Reach 3 Site Visit to NRG June 9, 2009 Diesel storage on right. Some eucalyptus trees will require removal. Diesel storage on right. Page 7 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 Closer view of diesel storage. Existing at-grade crossing to be maintained. Page 8 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 Transmission lines from existing power plant. No special requirements for a trail under transmission lines from NRG per David Lloyd (pars commun 6-9-2009). Tight fit at southerly transmission line. Page 9 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 At this point beyond the transmission towers, the area adjacent to the fence goes into an unmaintained vegetated open drainage channel. I did not take pictures of the drainage channel. The channel poses and issue and may not be a feasible location for the trail. The trail may better be located to the west of the channel. This area requires additional thought and research. The existing spur is to be maintained. SDG&E property to the south on the southerly side of the fence. In this location the drainage is conveyed in a pipeline, however NRG reps did not know size or material. The drainage outfalls from under the rail road tracks northwesterly through SDG&E's property. The open channel is unlined and erosion of earth channel is evident. Page 10 of 12 CRT Reach 3 Site Visit to NRG June 9, 2009 \ Drainage on SDG&E's property to the south. Accessing Cannon Road through $DG&E's property could be a challenge. The yard currently is heavily used for maintenance vehicles. Terry Smith has a meeting scheduled with SDG&E for Thursday June 11, 2009 to discuss the sewer pipeline alignment and the trail location will be brought up at this meeting. David Lloyd also stated he would talk to SDG&E. The railroad is at grade in this location so an at-grade crossing to access the Cannon Court project (West Development) may need to occur via the sidewalk on Cannon Road. Page 11 of 12 •T CRT Reach 3 Site Visit to NRG June 9, 2009 The trail on the west side of the tracks is feasible. Additional study of the location is required. The challenges for the west side based on this field visit are: 1. Crossing the railroad from the east side near the sewer lift station. This may require a ramp and undergrounding of the existing power lines and other users on the power poles. 2. Maintaining the tunnel vent. 3. Providing appropriate separation/screening from diesel storage tanks. 4. Maintaining the at-grade crossing and providing appropriate security m&asures. 5. Trail location in area of southerly transmission line. 6. Trail location in the vicinity of the open earthen drainage channel. 7. Maintaining the spur. 8. Access through SDG&E's property, 9. Access to the Cannon Court project. They have provided an easement and park area for the trail on the east side of the railroad tracks. 10. Based on the ALTA survey dated 01/10/01 for the property, there is a 20 foot road and pipeline easement to WD Cannon in the location adjacent to the fence. 11. Type of fencing/screening/security required to separate the trail from the active uses on the NRG west parcel. Page 12 of 12 Jayme Foster From: Kodis, Marc [IVlarc.Kodis@nrgenergy.com] Sent: Wednesday, June 17, 2009 2:50 PM To: Meghan Hearne; Ross, Ronald Cc: Frank Moreland; Jonathan Goodmacher; rlelakes@ymca.org; scottsdrilling@cox.net; tod@pacdrill.com; Ed Singer; LKuhns@nctd.org; Lisa Hill; Ken Mansir; Terry Smith Subject: RE: REVISED Drilling Schedule; Agua Hedionda Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Thank you Meghan. Who are your contacts at the site for this week? Pedro Lopez wilt be your point of contact for next week. If you do not have his contact information (it looks like you may have), here it is: (760) 268-4070 (760) 644-0682 cell When are you planning to do the excavation for the existing pipeline inspection? Please let me Know if you have any other questions. Marc Marc A. Kodis. n: Regional Engineering iManager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 From: Meghan Hearne [mailto:mhearne@ninyoandmoore.com1 Sent: Tuesday, June 16, 2009 4:33 PM To: rrgs_s(3)BrwnCald.com Cc: Frank Moreland; Jonathan Goodmacher; rlel.akes@ymca.org; scottsdril linq@>cox. net: tod@pacdrill.com; Ed Singer; Kodis, Marc; LKuhns@nctd.org; Lisa Hill; Ken Mansir Subject: REVISED Drilling Schedule; Agua Hedionda Hi Ron. As requested, here is our current drilling schedule for Agua Hedionda: Tomorrow. 6/17 at 8 am: MEET & MARK (as requested by NRG and Brown and Caldwell); Ninyo and Moore (myself) and utility locators will attend. Friday, 6/19 at 8 am: N&M/Scotts Drilling to drill borings B-1, 2, 11, and 24; Molly Dana (SDG&E) and NCTD have been notified. Gate access needs to be coordinated with Chad (caretaker at YMCA); Scott will make sure his crew is up to date with NCTD certifications and will contact Lee Kuhns. Monday/Tuesday. 6/22-23 at 2 pm (after summer camp lets out): N&M/Pacific Drilling to drill boring B-3; Chad agreed with the schedule on 6/10.1 left voicemails with Ron and Chad to confirm that date and to confirm gate access for this Friday. Monday. 6/22 at 8 am: N&M/Scotts Drilling to drill borings B-5, 6, and 7 on NRG property. I confirmed this today with NRG site contact, Pedro Lopez. * NO DRILLING SCHEDULED FOR WEDNESDAY 6/24 (as of right now). Thursday/Friday. 6/25-26 at 8 am: N&M/Pacific Drilling to drill boring B-3 on NRG property. N&M/Scott's Drilling to drill borings B-8, 9, & 10 (most likely just Thursday). Should we have any changes, I will send out a revised schedule. Sincerely, -Meghan Meghan E. Hearne Senior Staff Geologist Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710RuffinRoad San Diego, California 92123 (858) 576-1000 (x1271) (858) 576-9600 (Fax) (858) 688-8016 (Cell) mhearrte@ninvoandmoofe.com Experience • Quality • Commitment 62* Jayme Foster From: Ross, Ronald Sent: Wednesday, July 29, 2009 10:04 AM To: Kodis, Marc Subject: Soils Testing with the Tank Farm Marc, Below is a summary of the soils analysis for borings 6 thru 10 (see attached for locations). The only locations with elevated levels of hydrocarbons are B-6 (6-7 feet below ground surface) and B-7 (36 feet below ground surface). Pesticides were encountered at B-6 (17-feet blow grade). Also attached are the CBR's tested along the proposed pipeline alignment. Feel free to contact me if you have any questions. AHLS Boring 106044003 B-6 and 106044003 8-6 - NRG CBRs.pdf locations.pdf B-7T.PDF through B-10T.P... B-6 Petroleum hydrocarbons were detected in the shallowest sample collected in B-6 at a depth interval of 6-7 feet below ground surface (bgs); however, petroleum hydrocarbons were not detected in the next deepest sample collected at a depth interval of 11.5-13 feet bgs. Pesticides were detected in the sample collected at a depth interval of 16-17.5 feet bgs. Only one sample per boring was analyzed for pesticides; therefore, the extent to the pesticides in soil at this boring are not know based on the current data. Groundwater was not encountered in this boring. B-7 Petroleum hydrocarbons were detected in the sample collected at a depth of 36.0 feet bgs; however, the sample collected at 40.5 feet bgs was not analyzed. Petroleum hydrocarbons were not detected in the soil samples collected from 6.5 to 31 feet bgs. Groundwater was not encountered in this boring. B-8 through B-10 Contaminants of potential concern for which the samptes were analyzed were not detected in the samples analyzed from B-8 through B-10. Groundwater was encountered in B-9 and contaminants of potential concern for which the sample was analyzed were not detected. The presence of petroleum hydrocarbons in soil indicates that the soil is a waste. Pesticides were also detected in B-6, which also indicates that the soil would be classified as a waste. Based on the concentrations detected in the samples analyzed, the soil would be classified as a non-hazardous waste, which could be disposed of at a local Class III landfill. Respectfully, 1&THL 9665 Chesapeake Drive, Suite 201 San Diego, California, 92123 (853) 51 4-8822 (Office) (858) 571-6719 (direct) (853) 51 4-8833 (fax) Agua Hedionda Lift Station, Forcemain, and Interceptors Carlsbad, California July 15,2009 Project No. 106044003 Table 1 - Soil Sample Analytical Results Sample ID B-6 6-7' B-6 11.5-13' B-6 16-17.5' B-6 20.5-22' B-6 26.3-27.3' B-6 30.9-3 1 .8' 8-6 35.5-36.0' B-7-6.5 B-7-11,5 B-7-16.5 B-7-20.5 B-7-26 B-7-3 1 Date Collected 6/22/2009 6/22/2009 ' 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 Depth (feet bgs) 6-7 11.5-13 16-17.5 20.5-22 26.3-27.3 30.9-31.8 35.5-36.0 6.5 11.5 16.5 20,5 26.0 31.0 TPH C6-C44 (mg/kg) 6.4 ND ND ND ND ND ND ND ND ND ND ND ND Detected Title 22 Metals (mg/kg) - —Barium - 38.6 Beryllium - 0.478 Chromium - 10.3 Cobalt - 6.5229 Copper- 3.73 Lead - 0.573 Nickel -3. 41 Vanadium - 29.7 Zinc- 13.1 —- — - ~ - - - .. Barium - 356 Beryllium -1.110 Chromium -9.17 Cobalt -3. 37 Copper - 5.6 Lead -1.45 Nickel - 5.45 Vanadium - 30.3 Zinc- 33.1 VOCs (MS/kS) ND ND ND ND ND. ND ND ND ND ND ND ND - ND SVOCs (mg/kg) — — ND - - -_ - - - - - ND Detected Pesticides (Mg/fcg)PCBs (jig/kg) - —Endosulfan 1 - 25 Endosulfan IF - 12 4.4'-DDT-13 -- - - - - ~ —- -- ND — ND —.. —- .. —„ - „ ND pH —_ 7.98 —.- — ._ - — —-- — 7.73 I of 3 Agua Hedionda Lift Station, Forcemain, and Interceptors Carlsbad, California July 15,2009 Project No. 106044003 Table 1 - Soil Sample Analytical Results Sample ID B-7-36 B-8-6.5 B-8-11.5 B-8-16.5 B-8-21 B-8-25.5 B-8-30.5 B-8-35.5 B-9-6.5 B-9-11.5 B-9-16.5 B-9-20.5 t B-9-25.5 B-9-30.5 B-10-6.5 B-l 0-1 1.5 Date Collected 6/25/2009 6/26/2009 6/26/2009 6/26/2009 6/26/2009 6/26/2009 6/26/2009 6/26/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 6/29/2009 Depth (feet bgs) 36.0 6.5 11.5 16.5 21.0 25.5 30.5 35.5 6.5 11.5 16.5 20.5 25.5 30.5 6.5 11.5 TPH C6-C44 (mg/kg) 230 ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND Detected Title 22 Metals (mg/kg) -- Barium - 1-8.2 Chromium - 6.97 Cobalt - 4.06 Copper - 0.959 Lead- 1.46 Nickel - 2.22 Vanadium - 27.6 Zinc - 6.83 -- -- -- -- -- -- -- - .. - Barium - 30.9 Beryllium- 0.603 Chromium - 7.12 Cobalt - 2.43 Copper - 4.7 Lead - 2.85 Mercury - 0.382 Nickel - 3,22 Vanadium - 9.49 Zinc- 19.8_ - - VOCs (fig'kg) ND ND ND ND ND ND ND ND ND ND ND ND > ND ND ND ND SVOCs (mg/kg)_ ND - -_ - -- - .. —~ - ND - - - Detected Pesticides (US/kg) - ND - . -- - -- - -- .. -- -- ND .. - - PCBs (ng/kg) . ND —- ... — ., — ——.- — ND —.. -- pH — 6.29 —- - -- -- —-- — —- 8.47 —... -- 2 of 3 Agua Heelionda Lift Station, Forcemain, and Interceptors Carlsbad, California July 15,2009 Project No. 106044003 Table 1 - Soil Sample Analytical Results Sample ID B-10-16.5 B-10-21 B- 10-25. 5 B- 10-3 1 B- 10-36 Date Collected 6/29/2009 ' 6/29/2009 6/29/2009 6/29/2009 6/29/2009 Depth (feet bgs) 16.5 21.0 25.5 31,0 36.0 TPH C6-C44 (mg/kg) ND ND ND ND ND Detected Title 22 Metals (mg/kg) ,- Barium -23.0 Beryllium - 0.595 Chromium ^4.95 Cobalt- 1.86 Copper - 2.37 Lead -0.75 5 Nickel - 2,32 Vanadium - 9.90 Zinc -17.0 - —- VOCs (f«g/kg) ND •ND ND ND ND SVOCs (mg/kg) -- ND - - - Detected Pesticides (Hi/kg) ,_ ND . — - - PCBs ^g/kg) — ND - —~ pH — 8.36 - —-- Notes: bgs - beloxv ground surface ingftg - milligrams per kilogram Hg/kg - nucrograrns per kilogram DDT - diclilorodiphenyllrichloroethanc PCBs - polychlorinaled biphcnyls SVOCs - semi-volatile organic compounds TPH - loial pelrolcum hydrocarbons VOCs - volatile organic compounds — Nol analyzed 3of3 DRY DENSITY vs CBR 80 70 60 - I-50-o LU B 40 - LU §30- O 20 - 10 0 115.0 120,0 125.0 130.0 DRY DENSITY (PCF) 135.0 Description Silty SAND Symbol Sample Location B-7 Depth (ft) 0.0-4.0 Soil Type SM PROJECT NO. 106044002 DATE 7709 CBR TEST RESULTS AGUA HEDIONDA LIFT STATION AND FORCE MAIN CARLSBAD, CALIFORNIA FIGURE B-27 DRY DENSITY vs CBR 60 50 o 40o o LU S 30LUor §20 10 - 0 120.0 122.0 124.0 126.0 128.0 130.0 132.0 DRY DENSITY (PCF) Description Siity SAND Symbol Sample Location B-8 Depth (ft) 0.0-4.0 Soil Type SM PROJECT NO. 106044002 DATE 7/09 CBR TEST RESULTS AQUA HEDIONDA LIFT STATION AND FORCE MAIN CARLSBAD, CALFFORNIA FIGURE B-28 DRY DENSITY vs CBR mo QLU OLUECQL OO 50 45 40 35 30 25 20 - 15 10 0 120.0 122.0 124.0 126.0 128.0 130.0 132.0 DRY DENSITY (PCF) Description Slity SAND Symbol Sample Location B-9 Depth (ft) 0.0-4.0 Soil Type SM fiffnj/0&^$w& PROJECT MO. 106044002 DATE 7/09 CBR TEST RESULTS AGUA HEDIONDA LIFT STATION AND FORCE MAIN CARLSBAD, CALIFORNIA FIGURE B-29 70 60 50- COo o 40UJt- G g-30 Oo 20 10 0 115.0 DRY DENSITY vsCBR 120.0 125.0 DRY DENSITY (PCF) 130.0 135.0 Description SiltySAND Symbol Sample Location B-10 Depth (ft) 0.0-4.0 Soil Type SM PROJECT NO. 10S044002 DATE 7/09 CBR TEST RESULTS AGUA HEDIONDA LIFT STATION AND FORCE MAIN CARLSBAD, CALIFORNIA FIGURE B-30 3H W' /T>x • /**N § /^N^/f'-^fl..r%-u:i(^ "hfelfe- r*L-.T«»K•4H -S •*« »' j""10 V - -.-/?~r-f jr^" q; ;. JsS_-—^"^ i -4) Agua Hedionda Lift Station, Forcemain, and Interceptors Carlsbad, California July 15,2009 Project No. 106044003 Table 1 -Soil Sample Analytical Results Sam pie ID B-6 6-7' B-6 1 1.5- 13' B-6 16-17.5' B-6 20.5-22' B-6 26.3-27.3' B-6 30.9-3 1.8' B-6 35. 5-36.0' B-7-6.5 B-7-11.5 B-7-I6.5 D-7-20.5 B-7-26 B-7-31 B-7-36 Date Collected 6/22/20Q9 6/22/2009 ' 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/22/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 6/25/2009 Depth (feet bgs) 6-7 11.5-13 16-17.5 20.5-22 26.3-27.3 30.9-31.8 35.5-36.0 6.5 11.5 16.5 20.5 26.0 31.0 36.0 TPlf C6-C44 (mg/kg) 6.4 ND ND ND ND ND ND ND ND ND ND ND ND 230 Detected Title 22 Metals (mg/kg) -_ Barium - 38.6 Beryllium -0.4 78 Chromium - 10.3 Cobalt - 6.5229 Copper -3.73 Lead -0.573 Nickel -3.41 Vanadium - 29.7 Zinc -1 3.1 —- —- - - — — —Barium - 356 Beryllium -1.1 10 Chromium- 9.17 Cobalt -3, 37 Copper - 5.6 Lead -1.4 5 Nickel - 5.45 Vanadium - 30.3 Zinc -33.1 VOCs (Mg/kg) ND ND ND ND ND ND ND ND ND ND ND ND 'ND ND SVOCs (mg/ke) - „ ND —~ - —- ,- -- -r — ND Detected Pesticides fogfcg) PCBs (fig/kg) - - Emlosutfan I -25 EndosulAm II - 12 4.4'-I)DT - 13 - - - - —~ — — — ND - ND .. - - - - -• —- „ ND PH — — 7.98 —~ .. - .. — — —~ 7.73 Notes: bgs - helow ground surface mg/kg- milligrams per kilogram |ig/kg - niierojjrams per kilogram PCBs - polychloriitaled biphcnyls SVOCs - semi-volatile organic compounds Tl'H - tolal pelroleum hydrocarbons VOCs- volatile organic compounds — Not analyzed 1 of I o Jayme Foster From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Friday, October 02, 2009 10:56 AM To: johlson@airxus.com Cc: Terry Smith; Ross, Ronald Subject: - RE: NRG West Work Order Letter 8-21-09 Attachments: License and Access AgreementAirX.pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Hi Damie, Please see attached License & Access Agreement draft for your review and signature.. If you are in agreement, please sign and email back to us scanned document. Thank you. Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 Original Message From: Damie Ohlson fmailto: 1ohlson(Sairxus.com] Sent: Friday, August 21, 2009 4:15 PM To: Kodis, Marc Subject: NRG West Work Order Letter 8-21-09 Marc - Attached please find our work order and our insurance certificate. if there is anything more I can provide to you, please do not hesitate to phone me at 769- 480-2347 or email to lohlson^airxus.com. Thank you for this opportunity. Damie Ohlson Business Manager AIRX Utility Surveyors, Inc. 2534 C East El Norte Parkway Escondido, CA 92027 PH 760-480-2347 FAX 760-739-8034 (20090821) Information from ESET MOD32 Antivirus, version of virus signature database 4357 The message was checked by ESET NOD32 Antivirus. http://www,eset.com ACCESS AGREEMENT 1. This Access Agreement is made as of October 2, 2009, between the undersigned Licensor as owner of the premises (or as agent for or authorized representative of such owner) described herein ("Licensor") and AirX Utility Surveyors, 2534C E El Norte Pkwy, Escondido, CA 92027 ("Licensee") in connection with conducting inspection excavations along an existing sewer line easement requested by the City of Carlsbad from Licensor at Licensor's premises generally described as follows (the "Premises"): an area where an existing main line sewer pipeline runs along the western edge of Licensor's tank farm property bordered by the 1-5 Freeway and the NCTD rail tracks at the Encina Generating Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 at points marked on a drawing provided by the City of Carlsbad to Licensor. 2. Licensor hereby grants to Licensee for a 60 day period the right to enter onto the Premises and conduct inspection excavations in accordance with a Licensor approved work plan to be submitted by Licensee to Licensor (the "Inspection Program"). 3. Licensor is the owner of said Premises, and Licensor is fully authorized to enter into this Access Agreement and has the right to grant Licensee the use of said Premises and each and all of the rights herein granted and that no one else's permission is required. 4. Licensor is providing access for the Inspection Program without compensation at the request of, and as an accommodation to, the City of Carlsbad, without conceding that any particular expansion of the existing sewer line easements will be identified as a result of the Drilling Program. 5. Licensee shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear and use of said Premises for the purposes herein permitted. Licensee shall dispose of any unacceptable (as determined by the Licensor) excavation spoils in accordance with applicable environmental rules and regulations. Licensee shall clean any debris or rubbish left by its visitors on the Premises. Any property of Licensee left on the Premises after clean-up and removal has occurred shall be considered abandoned after thirty (30) days, and may be disposed of by Licensor, at its discretion. 6. Licensee does hereby for itself and its legal representatives, successors and assigns, agree to and hereby does expressly and fully release, indemnify, defend and hold harmless Licensor and its affiliates and its and their respective agents, representatives, members, employees, successors, assigns, officers, directors, and representatives (collectively, "Licensor's Related Parties") from and against any and i ACCESS AGREEMENT - AirX all claims, suits, losses, damages, demands, causes of action and liabilities of any kind or character (including, but not limited to, attorneys' fees, costs of litigation and investigation and other costs associated therewith) (collectively, "Claims") caused by or arising out of or in any way incidental to or connected with the entry or presence of Licensee or its affiliates or its or their agents, representatives, servants, employees, contractors, customers, or invitees in, on or about the Premises, or their activities in setting up scenery, equipment, sets, or use of any Premises equipment, whether imposed by statute, rule or regulation or theory of strict liability and regardless of cause or of the negligence or fault of Licensor and/or Licensor's Related Parties, WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOINT, COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S RELATED PARTIES OR CLAIMING BY, THROUGH OR UNDER LICENSOR AND/OR LICENSOR'S RELATED PARTIES. Licensee's liability may be limited to not less than five million dollars ($5,000,000) or such greater amount as provided in Licensee's general liability insurance policy. Licensee shall not be admitted to the Premises without first providing evidence of general liability insurance naming Licensor (Cabrillo Power I LLC, and its parent, NRG Energy, Inc.) and its site operator, NRG Cabrillo Power Operations Inc., and their respective officers, employees, contractors and agents, as additional insureds with limits of not less than the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's insurance department. Prior to proceeding with any activity which may involve risk to persons or property, Licensee shall meet with Licensor's site safety representative to review the proposed activity, and the safety measures to be employed during the activity. Licensor may halt any further activity if Licensor's site safety representative determines the activity to be unreasonably unsafe. Notwithstanding this requirement, Licensee shall be solely responsible for any activities involving its Drilling Program, and Licensee shall not request the use or operation of any Premises equipment by its. technicians or by any Licensor operating personnel or Licensor's contractors, and Licensee shall be solely responsible for any accident or injury resulting from such use, regardless of fault or cause. Licensee shall provide an insurance certificate to Licensor which contains the provisions set forth in Exhibit A attached hereto and incorporated by this reference. 7. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID STATE. 8. This Agreement is entered into as of the date indicated below, represents and the entire agreement between the parties, and may be amended only in writing signed ACCESS AGREEMENT-AirX by the parties. If the safety officer for Licensor observes any unsafe practices, he may terminate the license granted herein without further notice. CABRILLO POWER ILLC AirX Utility Surveyors (Licensor) (Licensee) BY: By: Authorized officer Its: ACCESS AGREEMENT-AirX EXHIBIT A Insurance Provisions 1. Insurance. Licensee agrees that it is ultimately responsible to ensure that Licensee, its agents, representative, servants, employees, contractors, customers, or invitees (collectively referred to as "Licensee Related Parties" in this insurance provision) who enter in, on, or about the Premises have, or shall have in place at the time of such entry ("Date of Entry"), Commercial General Liability insurance, including coverages for bodily injury liability, including death, personal injury, property damage, premises/operations, products/completed operations, independent contractors, broad form contractual liability, separation of insurcds, and no exclusions for any of XC&U exposures, in support of Licensee's indemnification hereunder, with per occurrence limits of not less than $5,000,000.00 (whether in a primary policy or a combination of primary and excess coverage), written on an occurrence basis. Licensee Related Parties shall also maintain statutory Workers' Compensation Insurance that extends coverage to anyone who enters in, on, or about the Premises, including Employer's Liability limits of $1,000,000. If vehicles will be operated in, on, or about the Premises by Licensee Related Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of $5,000,000.00 that will extend coverage to such Licensee Related Parties. All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as Licensor may, from time to time, reasonably require, with the premiums fully paid on or before the due dates. The Commercial General Liability and Automobile Liability (if applicable) insurance policies of Licensee Related Parties shall be endorsed to include Licensor Related Parties as additional insureds. The additional insured status on the General Liability insurance policy shall extend to both ongoing and completed operations. The Workers' Compensation policy maintained by Licensee shall contain a waiver of subrogation clause in favor of Licensor Related Parties. AD policies of insurance required to be maintained by Licensee Related Parties shall specifically provide that Licensor shall be given at least thirty (30) days prior written notice of any cancellation or nonrenewal of any such policy. A duly executed certificate of insurance with respect to each such policy shall be deposited with Licensor on or before the initial Date of Entry, and a duly executed certificate of insurance with respect to each subsequent policy shall be deposited with Licensor at least thirty (30) days prior to the expiration of the preceding such policy. All insurance policies obtained by Licensee Related Parties hereunder shall be written as primary policies (primary over any insurance carried by Licensor Related Parties), not contributing with and not in excess of coverage which Licensor Related Parties may carry, if any. In die event of any Claim, Licensee shall look solely to such insurance and/or any other insurance earned by Licensee. ACCESS AGREEMENT-AirX Jayme Foster From: Sent: To: Cc: Subject: Follow Up Fiag: Flag Status: IKodis, Marc [Marc.Kodis@nrgenergy.com] Monday, October 12, 2009 12:41 PM johlson@airxus.com Ross, Ronald; Terry Smith'; 'Stephen Tueting' RE: NRG West Work Order Letter 8-21-09 Follow up Flagged Categories: Green Category Come into work Monday and things change. Can we make it a start first thing Tuesday morning (10/20) instead? Note that initially, all contractors involved with the work will need to go through contractor onboarding which will take an hour. From: Jamie Ohlson [mailtQ:johlsQn@airxus.com] • Sent: Monday, October 12, 2009 12:11 PM To: Kodis, Marc Cc: rross@brwncald.com; Terry Smith'; 'Stephen Tueting' Subject: RE: NRG West Work Order Letter 8-21-09 Sorry - typo on my part. Yes, October 19 is fine! Jamie Ohlson Business Manager 2534 C East El None Parkway Escondido, CA 92027 PH 760-480-2347 FAX 760-739-8034 From: Kodis, Marc [mailto:Marc.Kodis@nrgenergv.com] Sent: Monday, October 12, 2009 12:06 PM To: jQhlson@airxus.com Cc: rro55@brwncaid.com;.Terry Smith'; 'Stephen Tueting1 Subject: RE: NRG West Work Order Letter 8-21-09 Request is for 10/19. Hope that is OK. From: Jamie Ohlson [mailto:johlson@airxus.com] Sent: Monday, October 12, 2009 12:01 PM To: Kodis, Marc Cc: rross@brwncal.d..com; Terry Smith'; 'Stephen Tueting' Subject: RE: NRG West Work Order Letter 8-21-09 Gentlemen - At this point, 10/29 looks fine. Ron - could you please send me a list of the additional work that you have so that I can be sure we have proper equipment and man power on that date. Thank you, Jamie Ohlson Business Manager 2534 C East El NorteParkway Escondido, CA 92027 PH 760-480-2347 FAX. 760-739-8034 From: Kodis, Marc [mailto:Marc.Kodisgsnrgenerqy.com] Sent: Saturday, October 10/2009 7:57 AM To: 'johlson@airxus.com' Cc: 'rross@brwncald.com'; Terry Smith Subject: RE: NRG West Work Order Letter 8-21-09 Schedule conflicts have occurred. Please consider delaying start now to 10/19. Thank you. From: Kodis, Marc Sent: Friday, October 09, 2009 2:58 PM To: johlson@airxus.com Cc: rross@brwncald.com Subject: RE: NRG West Work Order Letter 8-21-09 First thing Thursday morning, next week? From: Jamie Ohlson rrnailto:iohlson@airxus.com I Sent: Friday, October 09, 2009 2:04 PM To: Kodis, Marc Cc: rross@brwncaid.corn Subject: re: NRG West Work Order Letter 8-21-09 Marc - Attached please find the signed License and Access Agreement. Please let me know how and when we can begin work. i Thank you, Jamie Ohlson Business Manager 2534 C East El Norte Parkway Escondido,-CA 92027 PH 760-480-2347 FAX 760-739-&034 Information from ESETNOD32 Antivirus, version of virus signature database 4494 (20091009) The message was checked by ESET NOD32 Antivirus. » http://www.eset.com Information from ESET NOD32 Antivirus, version of virus signature database 4500 (20091012) The message was checked by ESET NOD32 Antivirus. http://www.ciigl.com Information from ESETNOD32 Antivirus, version of virus signature daUibase 4501 (20091012) The message was checked by ESET NOD32 Antivirus. http://www.eset.com . Information from. ESET NOD32 Antivirus, version of vims signature database 4501 (20091012) The message was checked by ESET NOD32 Antivirus. 3 http://vvwvv.eset.com Information from ESET NOD32 Antivirus, version of virus signature database 4501 (20091012) The message was checked by ESETNOD32 Antivirus. http:.//ww w. e set.com Jamie Ohlson From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Friday, October 02, 2009 10:56 AM To: johlson@airxus.com Cc: Terry Smith; Ross, Ronald Subject: RE: NRG West Work Order Letter 8-21-09 Attachments: License andAccessAgreementAirX.pdf License and Access Agreement A.,.Hi Jaraie, Please see attached License & Access Agreement draft for your review and signature. If you are in agreement, please sign and erna i .1 back l:o us scanned document. Thank you. Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 Original Message From: Jamie Ohlson [mailto:johlson.8airxus.com] Sent: Friday, August 21, 2009 4:15 PM To: Kodis, Marc Subject: NRG West Work. Order Letter 8-21-09 Marc - Attached please find our work order and our insurance certificate. If there is anything more I can provide to you, please do not hesitate to phone me at 760-480-2347 or email to johlsonSairxus.com. Thank you for this .opportunity. Jamie Ohlson Business Manager AlRX Utility Surveyors, inc. 2534 C East El Norte Parkway EsconcJido, CA 92027 Pfi 760-480-2347 FAX 760-739-8034 - Information from ESET NOD3.2 Antivirus, version of virus signature database 4357 (20090021) The message was checked by ESET NOD32 Antivirus. ' . 1 ACCESS AGREEMENT 1. This Access Agreement is made as of October 2, 2009, between the undersigned Licensor as owner of the premises (or as agent for or authorized representative of such owner) described herein ("Licensor") and AirX Utility Surveyors, 2534C E El Norte Pkwy, Escondido, CA 92027 ("Licensee") in connection with conducting inspection excavations along an existing sewer line easement requested by the City of Carlsbad,from Licensor at Licensor's premises generally described as follows (the "Premises")-' an area where an existing main line sewer pipeline runs along the western edge of Licensor's tank farm property bordered by the 1-5 Freeway and the NCTD rail tracks at the Encina Generating Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 at points marked on a drawing provided by the City of Carlsbad to Licensor. 2. Licensor hereby grants to Licensee for a 60 day period the right to enter onto the Premises and conduct inspection excavations ia accordance with a Licensor approved work plan to be submitted by Licensee to Licensor (the "Inspection Program"). 3. Licensor is the owner of said Premises, and Licensor is fully authorized to enter into this Access Agreement and has the right to grant Licensee the use of said Premises and each and all of the rights herein granted and that no one else's permission is required. 4. Licensor is providing access for the Inspection Program without compensation at the request of, and as an accommodation to, the City of Carlsbad, without conceding that any particular expansion of the existing sewer line easements will be identified as a result of the Drilling Program. 5. Licensee shall leave said Premises in substantially as good condition as when received by it, excepting reasonable wear and tear and use of said Premises for the purposes herein permitted. Licensee shall dispose of any unacceptable (as determined by the Licensor) excavation spoils in accordance with applicable environmental rules and regulations. Licensee shall clean any debris or rubbish left by its visitors on the Premises. Any property of Licensee left on the Premises after clean-up and removal has occurred shall be considered abandoned after thirty (30) days, and may be disposed of by Licensor, at its discretion. 6. Licensee does hereby for itself and its legal representatives, successors and assigns, agree to and hereby does expressly and fully release, indemnify, defend and hold harmless Licensor and its affiliates and its and their respective agents, representatives, members, employees, successors, assigns, officers, directors, and representatives (collectively, "Licensor's Related Parties") from and against any and i ACORSS AGREEMENT- AirX all claims, suits, losses, damages, demands, causes of action and liabilities of any kind or character (including, but not limited to, attorneys' fees, costs of litigation and investigation and other costs associated therewith.) (collectively, "Claims") caused by or arising out of or in any way incidental to or connected with the entry or presence of Licensee or its affiliates or its or their agents, representatives, servants, employees, contractors, customers, or invitees in, on or about the Premises, or their activities in setting up scenery, equipment, sets, or use of any Premises equipment, whether imposed by statute, rule or regulation or theory of strict liability and regardless of cause or of the negligence or fault of Licensor and/or Licensor's Related Parties, WHETHER OR NOT CAUSED BY THE CONTRIBUTORY, PARTIAL, JOINT, COMPARATIVE, CONCURRENT AND/OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF OWNER, AND/OR LICENSOR'S RELATED PARTIES OR ANY OTHER PERSON ENTERING THE PREMISES UNDER EXPRESS OR IMPLIED INVITATION OF LICENSOR AND/OR LICENSOR'S RELATED PARTIES OR CLAIMING BY, THROUGH OR UNDER LICENSOR AND/OR LICENSOR'S RELATED PARTIES. Licensee's liability may be limited to not less than five million dollars ($5,000,000) or such greater amount as provided in Licensee's general liability insurance policy. Licensee shall not be admitted to the Premises without first providing evidence of general liability insurance naming Licensor (Cabrillo Power ILLC, and its parent, NRG Energy, Inc.) and its site operator, NRG Cabrillo Power Operations Inc., and their respective officers, employees, contractors and agents, as additional insureds with limits of not less than the amounts shown on Exhibit A, in form reasonably acceptable to Licensor's insurance department. Prior to proceeding with any activity which may involve risk to persons or property, Licensee shall meet with Licensor's site safety representative to review the proposed activity, and the safety measures to be employed during the activity. Licensor may halt any further activity if Licensor's site safety representative determines the activity to be unreasonably unsafe. Notwithstanding this requirement, Licensee shall be solely responsible for any activities involving its Drilling Program, and Licensee shall not request the use or operation of any Premises equipment by its technicians or by any Licensor operating personnel or Licensor's contractors, and Licensee shall be solely responsible for any accident or injury resulting from such use, regardless of fault or cause. Licensee shall provide an insurance certificate to Licensor which contains the provisions set forth in Exhibit A attached hereto and incorporated by this reference. 7. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS OF THIS NATURE, AND LICENSOR HEREBY CONSENTS TO THE JURISDICTION OF SAID STATE, 8. This Agreement is entered into as of the date indicated below, represents and the entire agreement between the parties, and may be amended only in writing signed AfirESS AGRF.RMF.NT - A irX by the parties. If the safety officer for Licensor observes any unsafe practices, he may terminate the license granted herein without further notice. CABRILLO POWER ILLC (Licensor) AirX Utility Surveyors (Licensee) BY: Authorized officer By: fflbtfin /? Its; (/,/ FietJ r^u& ACCESS AGREEMENT - AirX EXHIBIT A Insurance Provisions L Insurance. Licensee agrees that it is ultimately responsible to ensure that Licensee, its agents, representative, servants, employees, contractors, customers, or invitees (collectively referred to as "Licensee Related Parties" in this insurance provision) who enter in, on, or about the Premises have, or shall have in place at the time of such entry ("Date of Entry"), Commercial General Liability insurance, including coverages for bodily injury liability, including death, personal injury, property damage, premises/operations, products/completed operations, independent contractors, broad form contractual liability, separation of insureds, and no exclusions for any of XC&U exposures, in support of Licensee's indemnification hereunder, with per occurrence limits of not less than $5,000,000.00 (whether in a primary policy or a combination of primary and excess coverage), written on an occurrence basis. Licensee Related Parties shall also maintain statutory Workers' Compensation Insurance that extends coverage to anyone who enters in, on, or about the Premises,- including Employer's Liability limits of $1,000,000. If vehicles will be operated in, on, or about the Premises by Licensee Related Parties, Licensee shall maintain an Automobile Liability policy with a combined single limit of $5,000,000.00 that will extend coverage to such Licensee Related Parties. All insurance coverage maintained hereunder, shall be placed with companies, on forms and in such amounts as Licensor may, from time to time, reasonably require, with the premiums fully paid on or before the due dates. The Commercial General Liability and Automobile Liability (if applicable) insurance policies of Licensee Related Parties shall be endorsed to include Licensor Related Parties as additional insureds. The additional insured status on the General Liability insurance policy shall extend to both ongoing and completed operations. The Workers' Compensation policy maintained by Licensee shall contain a waiver of subrogation clause in favor of Licensor Related Parties. All policies of insurance required to be maintained by Licensee Related Parties shall specifically provide that Licensor shall be given at least thirty (30) days prior written notice of any cancellation or nonrenewal of any such policy. A duly executed certificate of insurance with respect to each such policy shall be deposited with Licensor on or before the initial Date of Entry, and a duly executed certificate of insurance with respect to each subsequent policy shall be deposited with Licensor at least thirty (30) days prior to the expiration of the preceding such policy. All insurance policies obtained by Licensee Related Parties hereunder shall be written as primary policies (primary over any insurance carried by Licensor Related Parties), not contributing with and not in excess of coverage which Licensor Related Parties may carry, if any. In the event of any Claim, Licensee shall look solely to such insurance and/or any other insurance carried by Licensee. ACCESS AGREEMENT - AirX (* ±1 Terry Smith From: Terry Smith Sent: Friday, October 16. 2009 5:14 PM To: 'Kadis, Marc' Cc; 'scott.valentino@nrgenergy.com'; 'Ross, Ronald' Subject: Esmt, Requirements for Sewer I ift Station and Force Main Attachments: Document.pdf Marc. ! have attached an exhibit with the approximate limits of the area we need for easements for the sewer lift station, force main and future recycled water main, if this is acceptable, let me know and I will have our surveyor begin preparation of the plats and legals. If you want any changes made, please rnark-up ihe drawing and send it back to me. Please note that I am asking for a 12.5' wide easement for the force main and recycled water main. This gives us a little contingency for the recycled water main and also rounds off the total easement width to 30-feet instead of 27.5-feet. If this is a problem, please call me to discuss We can make the lift station easement a simpler shape if this is desirable, I was trying to keep the area to a minimum. I am anticipating that we will prepare 2 easement documents. One for the lift station and one for the pipelines. Subsequently, we wiil then need to address our temporary construction area needs, laydown and staging, and construction access; presumably this will be addressed in the agreement that you will be preparing. Have a good weekend. Please call if you would like to discuss. Thanks, , - Terry Smith Terry L. Smith Sr. Civil Engineer Engineering- Design Division Ctty of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92003 wvvyy C5rlsbadca.gov P: (760)602-2765 F- (760)602-8562 terry.smif.h{5)cartsbadca..gov VETA omits Jay me Foster From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Monday, October 1 9, 2009 1 0:23 AM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category I plan on being at the site so they can contact me. I will let you know if things change. - Please provide names of those that will be at the site. I would appreciate if you could put together a quick work plan. I know we used a previous boring as evidence that the material was acceptable to. put back. Can you provide the soils data of the closest geotech/environmental borings that you performed? What depth and area are you estimating the excavation to be? From: Ross, Ronald [mailto^rossCa'BrwnCald.cornl Sent: Monday, October 19, 2009 9:12 AM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Who should AirX coordinate with for the work tomorrow? Respectfully, IZxm. T&rtUi ~P.£L. (858) 514-8822 (Office) (858) 514-88 33 (fax) From; Kodis, Marc [mailto:Marc.Kodis@nrgenerav.com1 Sent: Saturday, October 17, 2009 6:53 AM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station AutoCAD please. Thanks. From: Ross, Ronald [maiit:o:rrossca)BrwnCald.com1 Sent: Friday, October 16, 2009 1:45 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Would you like the lift station layout as an AutoCAD drawing or pdf? Also Respectfully, (858) 514-8822 (office) (858) 514-8833 (fax) From: Kodis, Marc [mailto:Marc.Kodis@nrgenerqY.com') Sent: Friday, October 16, 2009 7:45 AM To: Terry Smith; Ross, Ronald Subject: Current layout for Sewer Lift Station Terry, could you please send me the lift station layout electronically that you laid out yesterday. I am not sure I have that version of the layout. Thank you. More A. Kodisr PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave . Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 7 60-710-2158 Jayme Foster From: Jamie Ohlson Oohlson@airxus.com] Sent: Monday, October 19, 2009 2:23 PM To: 'Kodis, Marc'; Ross, Ronald Subject: Potholing Contact Information (2) Attachments: Potholing Contact Information (2).doc Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Gentlemen: Attached please find the updated Contract Information with our information on it. Thank you, Jamie Ohlson Business Manager AIRX Utility Surveyors, Inc. 2534 C East El Norte Parkway Escondido, CA 92027 PH 760-480-2347 FAX 760-739-8034 The following contact information shall be used while conducting work within NRG Property and on or around the 42-inch sewer. In the event of a pipe failure or if the integrity of the pipeline is compromised: Contact Encina Water Authority and the City of Carlsbad IMMEDIATELY. pjnifi^^^^ Encina Water Authority John Jardin Director of Operations Office: (760) 268-8820 Cell: (760) 801-9113 2. Bruce Dale Assistant Director of Operations Office: (760) 268-8821 Cell: (760) 801-9110 City of Carlsbad 3. DonWasko Public Works Superintendent Office: (760) 438-2722 x 7138 Cell: (760) 802-4756 4. Terry Smith Carlsbad Project Manager Office: (760) 602-2765 Cell: (760) 613-8205 NRG Energy 5. Marc Kodis Regional Engineering Manager Office: (760). 710-2142 Ceil: (760) 535-2119 6. Sheila Henika Environmental Engineer Office: (760)268-4018 Cell: (760) 535-2705 Brown and Caldwell 7. Ron Ross Project Manager Office: (858) 571-67T9 Cell: (619)200-4893 8. Jeff Endersby Task Manager Office: (858) 571-6732 Cell: (858) 349-8117 9. Steve Tueting VP Field Operations AIRX Utility Surveyors, Inc. Office: ( 760) 480-2347 Ceil: (760)419-2183 10. Kenneth Jones Crew Boss AIRX Utility Surveyors, Inc. Office (760) 480-2347 Cell (760) 644-9102 Jayme Foster From: Jamie Ohlson [johlson@airxus.com] Sent: Monday, October 19, 2009 2:25 PM To: 'Kodis, Marc'; Ross, Ronald Subject: PROJECT APPROACH - Potholing Attachments: PROJECT APPROACH - Potholing.doc Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Gentlemen: Attached please find our Work Plan for the Cabrillo Power Plant project, Thank you for this opportunity, Jamie Ohlson Business Manager AIRX Utility Surveyors, Inc. 2534 C East El Norte Parkway Escondido, CA 92027 PH 760-480-2347 FAX- 760-739-8034 PROJECT APPROACH Utility Potholing Utility Potholing is bound in terms of scope by the contract with the client and is subject to constraints therein and to organizations such as Underground Service Alert, all of the domains that have right of way or franchise rights in proximity to the utility of interest. Upon receipt of a signed contract AirX proceeds in typically this order. 1. The area is pre-marked as an area demarcation and then called in to Underground Service Alert (USA). 2. The area is inspected for the drafting and submission of Traffic Control Plans and a permit and fees are paid (if required). On occasion traffic control must be submitted for multiple jurisdictions such as another municipality, Caltrans, Railroad or a Flood Control District. 3. Any special notifications, such as a request for a standby, are made at this time. 4. Upon completion of the utility mark outs, minimum 48 hours, the pothole locations are marked arid excavation can begin at any time thereafter. 5. Not all utilities are required to be marked by USA, so it is AirX's responsibility to find the appropriate party or mark these utilities directly. 6. In the case of sewers and RCP storm drains a transmitter or camera equipped with a transmitter are inserted into the pipe for a location at the desired point on the surface. 7. For locating purposes large RGB storm drains or utility vaults may require confined space entry or hazardous materials protection, all performed according to industry standards. 8. Placement of traffic control devices are made in accordance to the traffic control plans. 9. AirX contacts the municipality of jurisdiction to request an onsite inspection for traffic control and excavation. 10. At this time any construction site BMP's imposed by the permit are installed and monitored. 11. Once exposed the utility is either surveyed directly (rare), or the alignment and depth are marked on the surface for later recording by surveyors if required (typical). 12. All potholes are backfilled and compacted and patched per the terms of the agreement with the city engineer or public works inspector. 13. All spoils, water and extracted pavement are removed from the site. 14. All equipment and traffic control devices are removed restoring the site to the status quo. 15. AirX documents all of the work performed and provides the client with a spreadsheet or full report per the requirements of the contract. Probably 95 percent of all projects follow these procedural guidelines. On occasion there are extenuating circumstances requiring additional follow up, such as difficult soil conditions, the discover}' of unclaimed utilities or unanticipated utility modifications not shown on the plan or marked by locators in the field. Jayme Foster From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent; Wednesday, October 21, 2009 2:40 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Sooner the better. Thanks. From; Ross, Ronald rmailto : rrossPBrwnCald .com] Sent: Wednesday, October 21, 2009 2:21 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Will do. Unfortunately a member of my design team responsible for the lift station has been out. I should have it to you by Friday. Hope that is OK. Respectfully, TZcrva. (858) 514-8822 (office) (858) 514-8833 (fax) From: Kodis, Marc [mailto:Harc.Kodis@nrgenergy.corn] Sent: Wednesday, October 21, 2009 2:17 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Ron, thanks for all your help on the existing sewer inspection. Do you need any additional Information regarding the current lift station layout? Could, you please send as soon as possible. Thank you. From: Kodis, Marc Sent: Saturday, October 17, 2009 6:53 AM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station AutoCAD please. Thanks. From: Ross, Ronald [mailto:rross@BrwnCald.com] Sent: Friday, October 16, 2009 1:45 PM To: Kodis., Marc Subject: RE: Current layout for Sewer Lift Station Marc, Would you like the lift station layout as an AutoCAD drawing or pdf? Also do you have a POC for AirX (Potholing sub) to coordinate with for the work on Tuesday? Respectfully, ~P.£. (858) 514-8822 (office) (858) 514-8833 (fax) From: Kodis, Marc Cmailto:Harc.Kodis(5inraenerQv.com1 Sent: Friday, October 16, 2009 7:45 AM To: Terry Smith; Ross, Ronald Subject: 'Current layout for Sewer Lift Station Terry, could you please send me the lift station layout electronically that you laid out yesterday, I am not sure I have that version of the layout. Thank you. Marc A. Kodis, P.E Regional Engineering Manager NRG West Suite 104 1817 Aston Avc Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 Jayme Foster From: Ross, Ronald Sent: Wednesday, October 21, 2009 3:28 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, I have another staff member work on it and should have it to you in an hour. Sorry for the hold up. Respectfully, Jlcrtt. TZtrtU. (858) 514-8822 (office) (858) 514-8833 (fax) From: Kodis, Marc Fmailto:Marc.Kodis@nrqenerqy.com1 Sent: Wednesday, October 21, 2009 3:00 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Ron, do you have an earlier version cad file immediately? Has the location changed at all since the 50% design? If not, do you have a cad version of the 50% design layout? From; Ross, Ronald [maito '.rross@BrwnCald.com] Sent: Wednesday, October 21, 2009 2:21 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Will do. Unfortunately a member of my design team responsible for the lift station has been out. I should have it to you by Friday. Hope that is OK. Respectfully. (858) 514-8822 (office) (858) 514-8833 (fax) From: Kodis, Marc rmailto:Marc.Kodis(g)nrQenerqv.com1 Sent: Wednesday, October 21, 2009 2:17 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Ron, thanks for all your help on the existing sewer inspection. Do you need any additional information regarding the current lift station layout? Could you please send as soon as possible. Thank you. From: Kadis, Marc Sent: Saturday, October 17, 2009 6:53 AM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station AutoCAD please. Thanks. From: Ross, Ronald [maiito:rros3(3)BrwnCald.com] Sent: Friday, October 16, 2009 1:45 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Would you like the lift station layout as an AutoCAD drawing or pdf? Also do you have a POC for AirX (Potholing sub) to coordinate with for the work on Tuesday? Respectfully. JZcrrt. TZerJul ~P.£L. (858) 514-8822 (office) (858) 514-8833 (fax) From: Kodisf Marc [mailto:Marc.Kodi5CQinrqenergy.com] Sent: Friday, October 16, 2009 7:45 AM To: Terry Smith; Ross, Ronald Subject: Current layout for Sewer Lift Station Terry, could you please send me the lift station layout electronically that you laid out yesterday. I am not sure I have that version of the layout. Thank you. Marc A, Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 7 60-710-2138 Jayme Foster From: Ross, Ronald Sent: Wednesday, October 21, 2009 3:46 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Attachments: AHLS-PROP-SITE.DWG Marc, here is the lift station site plan you requested. Respectfully, (858) 514-8822 (office) (858) 514-8833 (fax) From: Kodis, Marc rmailto: Marc. Kodis(5)nrqenergy.com] Sent: Wednesday, October 21, 2009 3:00 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Ron, do you have an earlier version cad file immediately? Has the location changed at all since the 50% design? If not, do you have a cad version of the 50% design layout? From: Ross, Ronald rmaiitorrrossPBrwnCald.coml Sent: Wednesday, October 21, 2009 2:21 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Will do. Unfortunately a member of my design team responsible for the lift station has been out. I should have it to you by Friday. Hope that is OK. Respectfully, dtrii (858) 514-8822 (office) (358) 514-8833 (fax) From: Kodis, Marc [mailto:Marc.Kodis(a)nrqenerQv.com1 Sent: Wednesday, October 21, 2009 2:17 PM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station Ron, thanks for all your help on the existing sewer inspection. Do you need any additional information regarding the current lift station layout? Could you please send as soon as possible. Thank you. "Tbo From: Kodis, Marc Sent: Saturday, October 17, 2009 6:53 AM To: Ross, Ronald Subject: RE: Current layout for Sewer Lift Station AutoCAD please. Thanks. From: Ross, Ronald [mai(to:rross@BrwnCald.com] Sent: Friday, October 16, 2009 1:45 PM To: Kodis, Marc Subject: RE: Current layout for Sewer Lift Station Marc, Would you like the lift station layout as an AutoCAD drawing or pdf? Also do you have a POC for AirX (Potholing sub) to coordinate with for the work on Tuesday? • Respectfully, urt/ ***u **f r*r* ^ (858) 5 14-8822 (office) (858) 514-8833 (fax) From: Kodis, Marc [mailto:Marc,Kodi5@nrgenergy.com1 Sent: Friday, October 16, 2009 7:45 AM To: Terry Smith; Ross, Ronald Subject: Current layout for Sewer Lift Station Terry, could you please send me the lift station layout electronically that you laid out yesterday, I am not sure I have that version of the layout. Thank you. Marc A. Kodis, PE Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-71 0-21 42 Ceil 760-535-21 19 Fax 760-710-21 58 Jayme Foster From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Friday, October 23, 2009 4:57 AM To: Terry Smith Cc: Ross, Ronald Subject: RE: Esmt Requirements for Sewer Lift Station and Force Main Follow Up Flag: Follow up Flag Status: Flagged Categories: Green Category Thx Terry. Have a good weekend. Original Message From: Terry Smith rfflallto:Terrv.Smith(5!carlsbadca.goyJl Sent: Thursday, October 22, 2009 6:23 PM To: Kodis, Marc Cc: rross(Bbrwncald.com Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Marc, your understanding of the additional easement request is correct, except that the additional 5 ft could be for a slope, small retaining wall, or drainage swale. Ron, Can you provide Marc Kodis with the easement document that identifies our easement limits. I'll be back in the office on Monday. Terry From: Kodis, Marc [Marc.Kodis@nrgenergy.com] Sent: Wednesday, October 21, 2009 7:23 PM To: Terry Smith Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Terry, I thought I had responded to this email as I mentioned at the excavation site. Dust didn't press the button. As I mentioned, last Friday we reviewed ALTA surveys of the area encompassing the forced main pipeline. In past documents you have shown a 17.5 ft existing easement from the boundary of the gas easement. The surveys we reviewed showed a 14 ft easement with the western boundary of the NCTD ROW. It appears that the Gas Company easement is within the 14 ft easement. Can you provide verification as to the 17.5 ft existing easement width? My understanding that the additional 2.5 ft (12.5 ft total additional) for the interceptor portion was for future reclaim water line provisions. Also it is noted that an additional 5ft was added to the lift station site to account for slope accommodating the grade differential between the lift station site and existing surrounding grade. Can you please confirm. Thanks. Original Message From: Terry Smith [mailto :Terry.SmithiScarlsbadca^govl 70 Z- Sent: Friday, October 16, 2009 5:14 PM To: Kodis, Marc Cc: Valentino, Scott; 'Ross, Ronald' Subject: Esmt. Requirements for Sewer Lift Station and Force Main Marc, I have attached an exhibit with the approximate limits of the area we need for easements for the sewer lift station, force main and future recycled water main. If this is acceptable, let me know and I will have our surveyor begin preparation of the plats and legals. If you want any changes made, please mark-up the drawing and send it back to me. Please note that I am asking for a 12.5' wide easement for the force main and recycled water main. This gives us a little contingency for the recycled water main and also rounds off the total easement width to 30-feet instead of 27.5-feet. If this is a problem, please call me to discuss. We can make the lift station easement a simpler shape if this is desirable, I was trying to keep the area to a minimum. I am anticipating that we will prepare 2 easement documents. One for the lift station and one for the pipelines. Subsequently, we will then need to address our temporary construction area needs, laydown and staging, and construction access; presumably this will be addressed in the agreement that you will be preparing. Have a good weekend. Please call if you would like to discuss. Thanks, Terry Smith Terry L. Smith Sr. Civil Engineer Engineering - Design Division City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsbadca.gov P: (760) 602-2765 F: (769) 602-8562 terry.smith^carIsbadca.gov CDfXX-XHSUm-IO! CWIRILtO POWER MM*- iMMa&MMtM* -«iiMmn«iTOuHMjiii.[c:iS^^^^(!^sli NClI}(WiAG*O U K 0 W N AMD CA.LOVSI.LMM CtMMpmlM fr**», SuK* WQ, C. Kl«3 **;vf CJTY OF CARLSB/XO -'*a PROPOSED IMPROVEMENTS Jayme Foster From: Ross, Ronald Sent: Friday, October 23, 2009 12:34 PM To: Kodis, Marc Cc: Terry Smith Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Attachments: CA-San Diego-Document-Yoar.DoclD-1964.113886.pdf; Parcel_2A.DWG Marc, Attached is the easement document and drawing for parcel 2A for the existing 42-inch sewer. Respectfully, Ron Ross P.E. Senior Civil Engineer (858) 514-8822 (office) (858) 514-8833 (fax) Original Message From: Terry Smith fmailto:Terry.SmitNScarlsbadca.gov] Sent: Thursday, October 22, 2009 6:23 PM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Esmt. Requirements for Sewer Lift Station and Farce Main Marc, your understanding of the additional easement request is correct, except that the additional 5 ft could be for a slope, small retaining wall, or drainage swale. Ron, Can you provide Marc Kodis with the easement document that identifies our easement limits. I'll be back in the office on Monday. Terry From; Kadis., Marc [Marc.Kodis(3nrgenergy«com] Sent: Wednesday, October 21, 2009 7:23 PM To: Terry Smith Subject; RE: Esmt. Requirements for Sewer Lift Station and Force Main Terry, I thought I had responded to this email as I mentioned at the excavation site. Dust didn't press the button. As I mentioned, last Friday we reviewed ALTA surveys of the area encompassing the forced main pipeline. In past documents you have shown a 17.5 ft existing easement from the boundary of the gas easement. The surveys we reviewed showed a 14 ft easement with the western boundary of the NCTD ROW. It appears that the Gas Company easement is within the 14 ft easement. Can you provide verification as to the 17.5 ft existing easement width? My understanding that the additional 2.5 ft (12.5 ft total additional) for the interceptor portion was for future reclaim water line provisions. Also it is noted that an additional 5ft was added to the lift station site to account for slope accommodating the grade differential between the lift station site and existing surrounding grade. Can you please confirm. Thanks. Original Message From: Terry Smith Cmailto :Terry.SmithjicarIsbadca.gov 1 Sent: Friday, October 16, 2009 5:14 PM To: Kodls, Marc' Cc: Valentino, Scott; 'Ross, Ronald' Subject: Esmt. Requirements for Sewer Lift Station and Force Main Marc, I have attached an exhibit with the approximate limits of the area we need for easements for the sewer lift station, force main and future recycled water main. If this is -acceptable, let me know and I will have our surveyor begin preparation of the plats and legals. If you want any changes made, please mark-up the drawing and send it back to me. Please note that I am asking for a 12.5' wide easement for the force main and recycled water main. This gives us a little contingency for the recycled'water main and also rounds off the total easement width to 30-feet instead of 27.5-feet. If'this is a problem, please call me to discuss. 'We can make the lift station easement a simpler shape if this is desirable, I was trying to keep the area to a minimum. I am anticipating that we will prepare 2 easement documents. One for the lift station and one for the pipelines. Subsequently, we will then need to address our temporary construction area needs, laydown and staging, and construction access; presumably this will be addressed in the agreement that you will be preparing. Have a good weekend. Please call if you would like to discuss. Thanks, Terry Smith Terry L. Smith Sr. Civil Engineer Engineering - Design Division City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92068 www.carlsbadca.gov P: (760) 602-2765 F: (766) 602-8562 terry. smith(Scarlsbadca. gov ":^fc ~*-r-j ¥uj ,SS BnflK X9S4' .PWICULBSCOKBS" : •:, -iSft"- NO (EASSHEXr. OP.filaK OFJWAT 2T8& - 8 >j- in > -.- •••-• . • • . . ••at Ten. Collars opd ota«r v*lu«bl« cdnsid*r*u.oa, do»i SAN 02SQO, CA considerution of It • < •£••• - I , - J" " ; ••' '•'-'' '•• :norotiy Krant *o Th»J; y.1 «ta .''Sanit»t|l.oii Dietrict,V*. County sanitation diotrict, * The City of Carlsbad, a m«nicipaJ|. corporation,,.*» t«n«Ata i; csxmon, h»relna^t ••'••' ' •'' |.f :'J j... •-=)• ' : ; ''.-. "i _^ across th» her«inafe«r dtfficrtbedjlanlii, to *re«t, eon«v.ruct, r».-:c,,r.truct) I • •••.all the i a!.»tion,'V plp«Xln«j together -with «.n. «cc«»« road -or«r"and across t!i« har»inuf t«r d*«crib«d togatfior with tho ..right to clsa «ui-ke«p-sloni- »«Ad oasen»nto from rtrThe landa in .vhicti swtia » i»' of Carlsb«4, County o' San Die City of ^.L^L.particularly).d*acrifc«d as r.oliovsr !l*h«^. .n«W'ljl4r' Woirtl rtrt af 'T-fi*.:'*l .'it* tn laace . ... . . .oerifir, ptrtioa at 'li;vi."Erl .- of5 EUnco.o • Agu«.H»<ltoo<Sii- County [Cotravsnelci^ .injths Zaster.Iy lino of t.h« 100.CO jfoot; rip.iit, of - of Thn itc.hlso-1, Top«)ca uad Sar.tAiFo Railway oppcalto-Krijiiiwer'»ion 2272 plus i'0.80, said Snf^noer'.c Sintion. being 'dlatunt-1931.20i-South*a.btorlj'^along-'tii* cftntflr lir\g of'.said rLivh't.or way- from way Stati its |lr,torofic-ti-aa vrlth Sflut!harly . . -of tiodd Xaiicho; thinco; along !3tdd Saatarly lin»~«T right -of ..way .1035 .3 feat t,o a' rJjghi ang;'|los:EaaMrly -rroir, 'tbo .ccjjter line of .said riyfc« of (Station Z262 'plus. S!».8O; soia point bcin« also rlgtft. angles SJlotoVly, a. 'dia;aiic«: oX 15.CQ foot Xrow >h<! contar lino 0' soXooation; of'.'sadd-Railway" o?>oslU £n5inoor>j Station 1261^ plus 31.30! at: oiiid'roljeabioa aa described in OooSj froai'TSa fitcfilobn, Topelia and| Santa-K» Hiilvoy. Cois^aay, *'corporation, to Kell«yXjiViistmentjtlanipinjk a corfiwattoni :T»»ft'orcl*d.AaKlJ3- ^lj, 150?, ia^Iicokl:76r. At ps^'ia UO pf|s«ads arsd-^oy 3, 1?11, ^ Sook.5i.^ *^ P^o9 333 " of 3sods,' Keoordijo.f said "Cou-ity af S«iv Diego, said lia'. nontlonod poiiit is'tfcu Taus|pCIST OP 3Si3r>«tNC 9' the s*war .pswaplnR sutisn sitb heroit) ds scribed;-, thnnc* 'roa iid XSl-S ;F"OI!fT Of 5ECn<KJWJSor^h 37* 23*..QO".|We3t (anjce'lic btftrin'id'psr I>e»d rocor-ded In aniaSook U76. Al ptge liO)j 'aiocj;tn». ;iortEoe.s«^ly right'o.' *»>• Uw; c.r saiti Soilway :<u;d ilong » iiae that ii pirallil vlth B.-K17S.IW r»?t ''rrcsi £ii/i ccr*ter. I.ts** cf aSiiwe or 5?,?l :>*•- vo «tlor.theast.eriy, mcl5urotS ot zleiis'rolocaUoii oi' Kaipay right. or .way, 4 I I I ;, -. > ' f ' jIr >• ;- it '•••..'.• I•-•I 4., r * .polnls, which said pdlntj "Poir.tof right 'angles ''to- 'will '(ta of 75«00 •'•««'<; "tcii'-* po'ini 61" JUilway-rigbtJ bC V*y4'0.1 ----- «•-_.....-•'._•«.- .,- *i • i i>. i • 1lo •h«r«iwft«K' known nsjd 4oiii'n.»ujrt »s ' .ia ...t ?";f iwty* tt '.of ;v«jf 'iin« J »• pO'fiwSj 8-Of' &)right or 'wiyi K«ilejr-;Irw.eBlsn«niti Corap«lhy,".i«reoryi3r*t.l<in,'_,to Ttja Atcnffton, Topelc»!a^d -S*nt«i! Fe R«lfcw»y-Camp«iy;-* corpora Ciw.'r AuKu»t;3C^'."i9Q?,V"ln B'o^.'U73' «OP«e»'-aU"o£;0»«J4«/ lf» sultl dr'£kniDiegBj'-tiK»n«* «long'-3»lrf'E«Bt*rl:r r ' 'r line."':'* diatl«rtc« -oOP. I :ror PiLr-eaT 2AV 3»4d' r«*i,' ««r«'or loan, wx th«. TXtS pipoliu" in wore fe«t.!_T ,.-.-.— -. of; .said Lot- -H' of wlt'hia .th«j; botuiiijrles of • strip'.-'of laid a'«3ni»d a't right" »nglM 'en wacS: *l i. c»ist«r- Una* • " ".' I* Jibi^jjeiSvb oT'irvti»r3*«ti03 of tij*-,, lir>o qf the ri'gH't;' oJ V«jr: oi!.' TSi*.'Atchiaon,' iopafe* isad Railway Clompoojvj las.'stla "right 'aT';v»x w»i"«»'t*bJi»Ji«d 6n l?!;8;--with;th : " ' " - " to S»n Diego l7VRU02^r"2(L^ ly?J*t «0. W'ptijnv**'* ^rv*4-^WA^ ^a;^*v»-«t jtii^^^w J}«^v ^J^ u^ Offistil•'B««OTd«f .of' o*lf CtrJJxqr or'Sun'-Diogo/ th«oe»' Kor'-h 66* .St«' iO* "--' " - tSle,'So-!:t!!«kYt«rly; lin«:.»r S*a,Oi»g«PCM ii\El»cVlC! C«!;w».sy'o D*ed-ntcdrded'iii'Boole;ltJ2Z o.V pkg.o-350j..t>i»<ic*.>rr<as "M.W -kn?.Cr POU.1 «'BEDIMffrrfaj; Worth SP*;'«r<,|3O""'>'A»t:-<n«coirt1-K<*.r->. ;j?3'V06' Xi>*W> «T.oni « lina.thati!isVj>a^«ii«l vJLth too" ii',oo[r«r't'-;lsortb»»*'v»rly,..B<».»3*r»<i «*- right' «iftli>3 rrdm -th» Korth«aat«rly.'riiibt «f vay .iljn1 of o*l«!. Awhlnott lina. righ T ope lot '1 '. 'San t«! G omirt^nc 1. n;' 1 ftX • xh"_.,.. ' __ .J.1 -' -c DO" Bust |'(Uncord CiJ-,itK.i. the NortHiost.orlj' lino ; topiki tufi. 2'!r^*s l; to A con^jt1'* t-o: n< i,n,la KorthcMt'fiy'.?;! of u*l«! AwhlnoH. ri <rf -?; ;!w ir^of Xo. U?05, rn«i 4.' u.n tiTf.ii* c.r -.i.» Cdur.»y of .'ior. i'if»i;cJj 'Js<-™/:^ ;.4-.-t,': rK'* 'v ' 3ft' 03' Us* S»s*, |j«r -cuid K»? ;.:-v;;, «:i:.-.« a' th* 1M.no' T'-o'- r'..:hi is1 VJ- nr 7h« ' - i'Vj,"ti inj'th" al'f.icn oftthn Cour-.'./ii!>wr».-aor er oma.'cemr.iy or >»»,21* «'aBt( ' nlou..; xh«r ;.oi;Zhvo|i:.»riv" ;,;•<•• is'.n-.i: ;• jnpjn Av«.*i^*, .s* ,.(3*, ftv«i»''w e-.r .^i.;.^V •; '^r li^.W i7fl.-i"*r lliw 0!" Chl'.'c.i«;i'.'. i.(d AV-^ilso , Tot«'k(» *r»i ; «r,in !« '"Cd;S J>ny Coi11;)*:^1:* rL^^> or >*«^,; ^h.afi<^ Al«n j**5M Rdtt^ay »•••)-.'.^..r '-. :r '•fi .''oilirXt: Sol;;h Jfe'iio.*.', OO^'Kiat TSouU. b'; O.V ih" i:<n-i ,>..'i.;-!;, «r fl iaituu:'!'of I'jJP.Vl ;Nf"j to :.hr t.-^^Ij-fi'..-.*: i' <, ;.»[;;:«•;.', 'turvr, I'cj/'sv o; "Si'!/!':''! £.J)ul-hof !.hi ^-(A^or lij-ir; « .'•in.; to pio point o,' ii I"sflIj i. . I*'!;:*m ••'•&?.;:-*i-lfM\•m Southvusttir.!?,, tlkvlfiE.tt{r«diu3 ot 600.00 fwitj thane* Southeasterly ^ong-:th<]l'«rC'Sfi-s«id;-'ci^*,,':throvieh;;»;eont*^'4ngi«-of-7* 03' 30", i diatuksy-vof'^Si.Sl f««i-;.ta•'«, p.oittt: of ijit«r.3*c.tio(V.vitli thn- Northartys "b'euadtrv :lin«| of'. said .Lof W -of Raae>o. Agw* • UadioncU,. said' point;.'or itttorsaetion being the'::.TRUK FOB!?. OP;BEGBfflINO-ot the 8w»rgipip«l4n«U*«4liei''t'h<!>:*i'v';ti*aori-l'*dJ th«n'TRttS .POINT,;OF, BEQBKINq;.Sou.th, :31* -02ir'3p«- E«at,!. a '•-' '' '' ,06'. »8t);:"a disUoaa" of' -. «ra'- or • l«.'' o£- 18V26 »i 06* , •- *'-di«tijno«'.Kcr.tJiviaWly-Ji.'naj'-ot! tta'lwil-'itoacribod'abmr* in. ' ''' ' . . P«reel.'l, ., • - •• . .. ••.(•Said'. «<LSonwnt JOB rosd is more 'particularly d»aorlb«4 »• ' ' ' ' '' I^z^.vithin>th*\boxifli|»rie8'.oi4i»'".st*d-?:'<>f iaad' 20,00':f««t in width,3 J.0.00. fej^t,;,n«ttjrur«4..at'rieh.fi angles oaj flash-side of iho '•Begionlagj''**'' thVjpoint 'da3iga*<ed'"a8 ,Poiht W. is 'parcel 1 noji»t«QgeRt .ciicv*, :cosBeasr* Southwestwiyj ' havjin^ *,,radii* of- bears North•!!>* lil'1' j&i Westj'.thenca. Easiar^i-Sou.taeutariy.'oiva Sftutbe^lyj'r'eloaK^tiio'-Brc .of said: curv»y.' through-a. c»ct.r*'l «ngl»i - bftglianing;of. a:.tangejt' fuw«/-.o7aoaTt8^1lortheast«r3y/'}iayijig''a. raiiiw - of 200i'00.."jreet'j • thendev Southotly Saatf'Southeftsterly.-'along ,th«,'v«r«: of oadd,' eiirve,'- through 1 eftdtral' *ri'gl«.;of.-'?*',.-30;1 'DO", a jjdistjaca -of 33 .}£ 'feist to-;.1* •poiati.fsf ,-lafeys6c.tioa'-vith'.aj.lin*' .th»p- i«, pai-aia«l ,-with aad",.lli,00 feat HorfaeaatdTly,.1 wowured -at-rtshtlaBgiea, .from Atcblafca, Topeika.;and:)SaAt4iFo .Railway Coipaiiy;'-»» said rigtiT,'«f vay'-vaJa'ieatoAiliahad *n' Santeabap 22.. l?Li8. ''• t'.; • 3.'•••:*.-J •"' "'.''i'. "'"'.-:, .-' ]' . . -Gr«nteo coveriarvta fer ,th«teaiplveSj tha-ir :sucoeS3ors, .assigns and agents that *,11 vork iri~ c'onnootionswjith'tho iknatall'ation and/oi^ is*int«nMio« of tha resdj '. . 4; * 'I • ! ' ' ' IP '• ' -." : - .; ' ">,-fc a 4 ri - . , . . .1 •lapipeline arid tho±f"appp:tenances'abaill be dori8"iQ & vortowilik*-monnar accordar.ce' vi-th' standard -ispgicsarins••practices, and Oront««j nhoix auccasaors,• f • j i ] ' ,:"' "' r -•' - ' -• -assigrui or agents|'3hUJ|L oe reaponaibiii C«T- fuiy damage to Cran-tor'a i - vor arising from the construction as •within aaid Grantor's property. JTuturo. £aoili-tios;. .oopalsi'oiicd -by oC fnld road and•sfiVai pipeline Or n<ti:tt,thnnca Grantor grants ti aoid Grunteo, their successors and , thtr riyht to uce tha existing i'rood aa eatablohsd on the gfound.aa of the -date of ±jrii:i i ^«S>3fififfiKb3&^:^. :•;-.:;•-•.% ...-.. •• •• .-.-;lA>fe«»*»- -B-..-J &•••frow.the Southeaster^ .tonsiaua' of th* roa3 eaaeaont deacrib«d <u>ov« in Purcol 2; theno* Eouthoasiei-Sy §,l9ng.tfco cwntor lias'of s«Jd existing ro*S vfcicfi is paraH«l vith and 1L. 00 f«et wntor '.. .j:.' • I i' • I ' :••r 'a parcel of l*jnd, tfcie center line o£ saiil l™ oanx«r lA»»';r>r the 'aew!!? pie«3Jj!« ««*mo rljT: front tlw, Sorth^taa-lerlyliD* of Tb«'J S tight af-wny to th« South*Ait»rly l±=o of of saiil *xiatini;''ro«4 b*lRjj coineid«i.".t.!tl a.Pwcnl ?A. to u»* Topeics' ar4 SantA Fe itailw«y .<! Grantor ' " '•••• .1.the i ' " • I'.''. ''Or«ntar resartrsa^ unto tt*elf, jits'jmiqeasors and «.asign», th« the subnurfftce. sta*faea aj^d j«irspace tbor«ov«i~. of tji» t«rolnb«for«-. -'.. - .-, .f;,. ;, J - fi ^ ;•'...•... i .•.- i • ••ro«4 iad newer pipeliw. aftaeuwnta ilor th» inst«llitlon of' auch ,«.» ' now or In the Xutur* use rights i , provid»d;,, Hut iwch «-he ffrantor, lt« nuccv&sora ort»oti|b« ixorslaei. j ['.. • • j in e«ch manner as tci'bo incompatible with th», rigiito h»rein sr*nt«d.(•-••'!' -J ' ': • :. .Craj.tao ajrcea thit tfTor any r«»aoa laid oajements ar« «biuxlonad by ;oid. | . : f :5 . .. ^ .. .;. for a eoistdnuoua psriol of joa* (1) y«*iy ct«n ill rl^hW) bor»ln • : £'. ' 'r«v«rt to th« OranxorI • . .r. Ita H'wceeaora' «• iasigna, autoowtlctUy «.id without •I.- )« I ' " ^ „ ' , ! r*e« Baity of .r«»en*:Ey o" nolle* • • i ' . :! '• •: ! 'o- . i- "i; "'I.-rwitoo, thoi* auaa'»«vwf, «aU. : " v •?-•- •{••,.?-•,'•.•.-with OfMr.tor'a lencntv *' w*y b* Roc9»s«rj7, «sd further agro* to *ccept. all eropa arri/or propw'r^ of oc£4 slotted by or 42-ising 'oiit of th* conetnictim,.- main'tflrMirisfl or uo« of .atj r,- ••• i. l-; . -• 'roadway «jid_i:iex»r pipoline, j ., Stn Pi --• *'•:• "Js- ....... " J' " -• I ' with tha 7'ubiioi Util'iAios ^ct of r.he St' as i; Electric. CanafuTjf hembjr. .co.vwaama and a*elnf*?, in " ' " '•ato o' Cislifornin, that t"•, faorainabovo docscri.bi.-d io n»t nocosodr/' or • ]• I. ' I ' 'to Sho public, and it is not needid .Tor or Id WJWES5 WHEfJJJOF', t;-io Crfcntor pro;«i-ty• ["••-• ;l' In t.hi p'.irt'orrruuitta of it.3 tjyU.no - - ' ' •'In t.ho conduct of ita ;axccuwd th^io prosnnts t>. U gy,: •l-"/," M /- r?1 '•'•'• "-'-'••S-- fc" "/^ -.-^ ••--.•u^r" Sic»f ProiiTscni. i .".SB !• . ;< Si! -.. .1•STATE OF,' CXl,I?ORriJA| J „ j •couuw or SAN-DXECO!) "• .\> 5 os . JUblio jvt/,. bet'arn; m»r -tha .lindeMtgned, » • oprpori-ti.ua: tjb*f*x«'qut«d 'j ' UT. JUblio in. afldjffor mUss' CerwMy ,«ad^St«*e,'x;?»«i44ne t-h*r*l», duly. eorain«lan_ecl sworn, parBoniJJ;r...ip?<i'if«ii ffl'ffi;-''fc/%,'i:A**-' ' • i-':toovo. to'.ag.-to Vi'tbg ' • /Vv ' •' ^*^*yi^j^Xffij(ffi^.*^£^7:- • "-'j'' ..:'taicvn-to ax- to b« ;th* ': lastrumsotj .'Jt sb«lf;.-ef 3tha-*'c tion'-ixseB-tad |»«olaifton:.ofJji,1iB Bo«rd]oifij31ir«el;'ora.'j.\ 50F,V E.Ucw.. JUSrinnto ''i'»ti. 'i5^:.li*rJ4; '»ne! • iftix«4 iML 1 . - j-J J.J - j .' ^rf'__^.'-' V—'I— * --' I'- to it» By»l*»B or a lft»«olu^-lbi t!M cUy'Md:':?««•. in .«kiS'-wrtlficftt«.flr»t'''«bove,vri-tt«n.. i-1' ' !' - il"" -••: •'•'••'W# e. poraeaa vh n»m»a, tod';"tho-wittiln Instrumont pturjuint' '' wy -official soil •\ ', ••p:c iii .KA^ ior*-:.A&£ci COUM*^ &i)d Sc •*> Afflnfwon Ei^,n Mr 4. utl Dirc'stora- of sai,i : by;itn Dutcdj', Ape.il 27J 19&4. I'' 1 -i"A •! it ' • i "•• • •piualia'gciicy|l; is .hirob^, Ji^eepts'd'by. orSior of th^ Board J.-Of»trict:,on|.Xp.Til.2r. '.I4&>l:>nd-:tiii R»:mtir» aofxncrvtu 10 Thii !n ^'o nicUry trfi tha ',n:br"ct. );> rnal prnporty n«nv«yi.ilW •£^v~~~r 'X •"''V/ ^-fV„ •!.-,• ,;i • >Cin...d,-«i!.<'' ''-, ''•••' "\ . .fr»a .i---*- •^•V' •-"•'-- •':>- •;>f.rffj«lf / to 'tKn el'.-;' f.C In-las^.. ^. folltliM nors- ocatloft itni'/irjcov^rraj r»'.ril ,-,£«•>";.•. ;.:;ih"''";''^ ^n'r^"1' ."",'"..,'-.'•.• ttia.f'*' [toy 'ofv/fy, J'••<-' • . !>r.i'"|v ernp'"" «on-icntn ... ].;\\':...-..'.',.(•:;,.to rn(!tirt!aUoo|t!iorool| by Ita.duly 3iji.hoi-U.rf err'.our. ; -v''/':••£•'•.:.•'•>; ., j ' 1 . -| - • •".• ; ••'/••••;."" :'A X ^TE:): ''•'%?•''. •'•'*" ''•' 1 : : ;.'.;•: j'/--'1-.. .'••'-* •'•'!:}•' IF J CiTV 0>' CASI.SUAa City .Aficr rccordinR/'niaillio'. i UeLha D.^ ^Lncd I•. { ' I P.O. Box 138, Vint;*.'Calif.-,! <-| 7/1 Jayme Foster From: Ross, Ronald Sent: Friday, October 23, 2009 2:24 PM To: Kodis, Marc Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Attachments: 5370survey_base Layoutl (1).pdf Marc, The AutoCAD drawing is coordinate correct (state-plane) for importing into any cad files from your surveyor. I attached a pfd of the file overlaid onto the topo at the tunnel location. In the graphic the red line is the NCTD right-of-way and in blue is are the limits of the sewer easement. Please contact me if you need anything else. Respectfullyj Ron Ross P.E. Senior Civil Engineer (858) 514-8822 (office) (858) 514-8833 (fax) Original Message From; Kodis, Marc Fmailto:Marc.Kodisffm-genergy.com] Sent: Friday, October 23, 2009 12:42 PM To: Ross, Ronald Cc: Terry Smith Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Ron, I don't see any background on the drawing, Original Message From: Ross, Ronald fmailto:rrossfSJBrwnCald.coml Sent: Friday, October 23, 2009 12:34 PM To: Kodis, Marc Cc: Terry Smith Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Marc, Attached is the easement document and drawing for parcel 2A for the existing 42-inch sewer. Respectfully, Ron Ross P.E. Senior Civil Engineer (85S) 514-8822 (office) (858) 514-8833 (fax) Original Message From: Terry Smith fmailto: Terry. Smith(3carlsbadca.gov1 Sent: Thursday, October 22, 2009 6:23 PM To: Kodis, Marc Cc: Ross, Ronald Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Marc, your understanding of the additional easement request is correct, except that the additional 5 ft could be for a slope, small.retaining wall, or drainage swale. Ron, Can you provide Marc Kodis with the easement document that identifies our easement limits. I'll be back in the office on Monday. Terry From: Kodis, Marc [Marc.Kodis@nrgenergy,com] Sent: Wednesday, October 21, 2009 7:23 PM To: Terry Smith Subject: RE: Esmt. Requirements for Sewer Lift Station and Force Main Terry, I thought I had responded to this email as I mentioned at the excavation site. Dust didn't press the button. As I mentioned, last Friday we reviewed ALTA surveys of the area encompassing the forced main pipeline. In past documents you have shown a 17,5 ft existing easement from the boundary of the gas easement. The surveys we reviewed showed a 14 ft easement with the western boundary of the NCTD ROW. It appears that the Gas Company easement is within the 14 ft easement. Can you provide verification as to the 17.5 ft existing easement width? My understanding that the additional 2.5 ft (12.5 ft total additional) for the interceptor portion was for future reclaim water line provisions. Also it is noted that an additional 5ft was added to the lift station site to account for slope accommodating the grade differential between the lift station site and existing surrounding grade. Can you please confirm. (\ Thanks. Original Message From: Terry Smith [mailto:Terrv.Smith@carlsbadca.gov1 Sent: Friday, October 16, 2009 5:14 PM To: Kodis, Marc Cc: Valentino, Scott; 'Ross, Ronald' Subject: Esmt. Requirements for Sewer Lift Station and Force Main Marc, I have attached an exhibit with the approximate limits of the area we need for easements for the sewer lift station, force main and -Future recycled water main. If this is acceptable, let me know and I will have our surveyor begin preparation of the plats and legals. If you want any changes made, please mark-up the drawing and send it back to me. Please note that I am asking for a 12.5' wide easement for the force main and recycled water main. This gives us a little contingency for the recycled water main and also rounds off the total easement width to 30-feet instead of 27,5-feet. If this is a problem, please call me to discuss. We can make the lift station easement a simpler shape if this is desirable, I was trying to keep the area to a minimum. I am anticipating that we will prepare 2 easement documents. One for the lift station and one for the pipelines. Subsequently, we will then need to address our temporary construction area needs, laydown and staging, and construction access; presumably this will be addressed in the agreement that you will be preparing. Have a good weekend. Please call if you would like to discuss. ! 71$ Thanks, Terry Smith Terry L. Smith Sr. Civil Engineer Engineering - Design Division City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 www... carlsbadca. gov P: (769) 662-2765 F: (768) 602-8562 terry. smith(S)carlsbadca. gov Terry Smith From: Terry Smith Sent: Wednesday, November 25, 2009 11:34 AM To: 'Kodis, Marc'; 'scott.varenttno@nrgenergy.com'; 'Lloyd, David' Subject: FW: Esmt. Requirements for Sewer Lift Station and Force Main Attachments: Document, pdf To All: As we agreed in our meeting of October 15,1 sent you an exhibit on the following day showing the area we need for permanent easement for both the pipeline and sewer lift station. Although I have had a couple phone conversations with Marc since this date, I have repeatedly requested a written response to this e-mail and exhibit. I do not want to spend time and money preparing plats and legal descriptions for something that you wifl not sign. Additionally, I am still waiting for a draft agreement to address all of the other access issues during construction etc. Lastly, I also need NRG's formal position on the cost of these easements. I have discussed this issue with the Planning Department and it was always their understanding that the easements would be provided to the City at no cost. If NRG does not agree and wishes to be compensated, this obviously changes the process and I need to hire an appraiser. I appreciate the cooperative effort we have experienced to date, but the process to resolve issues has been taking much longer than it should and is beginning to affect our project schedule. As you know, the lift station and bridge need to be replaced as soon as possible because of their age and a sewage spill in this area would be devastating to the environment. Please let me know when I can expect a written response to these issues. Thanks, Terry Smith Original Message From: Terry Smith Sent: Friday, October 16, 2009 5:14 PM To: 'Kodis, Marc' Cc: 'scott.valentino@nrgenergy.com'; 'Ross, Ronald' Subject: Esmt. Requirements for Sewer Lift Station and Force Main Marc, I have attached an exhibit with the approximate limits of the area we need for easements for the sewer lift station, force main and future recycled water main. If this is acceptable, let me know and I will have our surveyor begin preparation of the plats and legals. If you want any changes made, please mark-up the drawing and send it back to me. Please note that I am asking for a 12.5' wide easement for the force main and recycled water main. This gives us a little contingency for the recycled water main and also rounds off the total easement width to 30-feet instead of 27.5-feet. If this is a problem, please call me to discuss. We can make the lift station easement a simpler shape if this is desirable, I was trying to keep the area to a minimum. I am anticipating that we will prepare 2 easement documents. One for the lift station and one for the pipelines. Subsequently, we will then need to address our temporary construction area needs, laydown and staging, and construction access; presumably this will be addressed in the agreement that you will be preparing. Have a good weekend. Please call if you would like to discuss. Thanks, Terry Smith 7/6 >;••• / ..,J AST $ !?• Terry Smith From: Kodis, Marc [Marc.Kodis@nrgenergy.coml Sent: Friday, December 18, 2009 12:39 PM To: Terry Smith Cc: Lloyd, David; Valentino, Scott Subject: Followup from recent discussions Follow Up Flag: Follow up Flag Status: Flagged Terry, This is a follow-up to our conversations over the last few days. We look forward to continuing our discussions and working towards mutually agreeable arrangements relating to proposed use of Cabrillo Power dedications and easements. We confirmed to you that we are in the process of arranging for releases of existing bank encumbrances on Cabrillo Power's real property so that dedications and easements can be timely made to meet the Poseidon project financing requirements. We also indicated that the process is complicated and expensive, and that we preferred to complete all of the land arrangements at the same time since it involves multiple parties (lenders, Poseidon, the City, other property interests). You advised us that the City is currently working on an agenda for a January 4ln meeting in which various property use items will be discussed. We stated several basic principles regarding the open issues, which need to be resolved as a package. These issues include: • The scope of the second pipeline encroachment outside of the existing pipeline easement, and the extent of proposed land requirements for new improvements at the lift station; • Identification of construction timing and restrictions, contractor and equipment staging and lay- down areas, access, and landscaping; • • Access/loading across and on the existing sewer easement for future Cabriilo construction and operation needs; • Coastal Rail Trail alignment, including an NCTD under-bridge crossing on the north end of the property; NCTD double tracking improvements, upgrade and cost of the private crossing access, and potential cost sharing arrangements among the various users; • Easement for and installation of new reclaim water facilities, a connection for each of the Encina Station-and CECP, and service, and sewer service for CECP; • Compensation for lease/easement use beyond the scope of the PDP commitments; and » Transfer and use restrictions on the coastal bluff property. Thank you in advance for providing a copy of the Interceptor Alignment and Sitting documents and Preliminary Design Report developed for the project. Pending review of these documents, we believe that an agreement could be reached on multiple uses for the proposed pipelines and lift station improvements and we remain open to discuss mutually acceptable conditions for the extensions proposed. We would appreciate your consideration in including the issues identified above and look forward to seeing the City's proposed agenda for the January 481 meeting. Finally, if you should have any further needs for any Encina Power Station site visits, please contact me directly at 760-535-2119, or Scott Valentino at 760-710-2145 or David Lloyd at 760-710-2147. Marc A. Kodis; i'E Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad, CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 C ity of CarlsDad 1635 Faraday Avenue Carlsbad, California 92008 (760) 602-2720 ENGINEERING DEPARTMENT LETTbrt OF TRANSMITTAL TO NRG West 1817 Aston Ave., Suite 104 Carlsbad, CA 92008 DATE December 21, 2009 JOB NO. 3949 Marc Kodis RE: Vista / Carlsbad Interceptor Sewer WE ARE SENDING YOU Q Shop Drawings D Copy of letter Dated IE! Attached D Under separate cover via D Prints D Plans Q Samples [ n Change Order d the'following items: Specifications COPIES 1 DATE 12/21/09 NO.DESCRIPTION CD of VC Sewer Design Reports (pdf format) containing: Siting and Alignment Study dated June 30, 2006 Final Preliminary Design Report dated September 2008 THESE ARE TRANSMITTED AS CHECKED BELOW: D For approval 03 For your use • [~1 As requested CD For review and comment O For your action For checking Approved as submitted Approved as noted Returned for corrections Resubmit copies for approval [3 Design only, not for construction O Return corrected prints D REMARKS AS yOU requested, I am providing you with copies of previous design reports prepared for this project that establish the basis of design for the current project. The plans and specifications for the project are currently nearing 90% complete. The information contained in the reports has been discussed with NRG since the'early stages of the project in 2005. If you have any questions, please feel free to call me at (760) 602^2765. COPY TO: File .3949 - Correspondence - NRG SIGNED: Terry L. Smith IJ enclosures are not as noted, kindly notify its a! once 120 Jayme Foster From: Ross, Ronald Sent: Wednesday, December 30, 2009 10:02 AM To: Kodis, Marc Cc: Terry Smith Subject: RE: Autocad versions of 50% design for Lift Station Attachments: AHLS Site Plan.dwg Hello Marc, Hope you had a happy holiday. Attached is the latest lift station plan. I have all included the waste water pipelines, grading and station facilities. Respectfully, (858) 514-8822 (office) (858) 514-8833 (fax) From: Kodis, Marc [mailto:Marc.Kodis@nrq8nerqy.coml Sent: Tuesday, December 29, 2009 11:06 PM To: Ross, Ronald Cc: Terry Smith Subject: Autocad versions of 50% design for Lift Staton Hi Ron, hope all is well. Would it be possible to get autocad versions of the 60% design drawings for the Sewer Pipeline/Lift Station/Bridge on the Encina Power Station property. We would like to integrate the images into other planning documents that we are developing. Thanks. Happy Holidays! Regards, Marc A. Kodis, i>£ Regional Engineering Manager NRG West Suite 104 1817 Aston Ave Carlsbad.CA 92008 Off 760-710-2142 Cell 760-535-2119 Fax 760-710-2158 MEETING AGENDA V/C SEWER& COASTAL RAILTRAIL PROJECTS - COORDINATION WfTH CARLSBAD ENERGY CENTER PROJECT January 4, 2010 9:30 a.m. to 11:00 a.m. Carlsbad City Hall Law Library 1. City to Present Trail Alignment Options - East vs West • Review Exhibits • SDGE & Poseidon Issues/Conflicts 2. Sewer Lift Station and Pipeline • Easement Requirements • Schedule • Construction Access, Staging and Laydown • On-Site Environmental Mitigation for CSS • Future Recycled Water Line • Compensation for Easements - POP Commitments 3. Carfsbad Energy Center Project • Protection of Existing Utilities « Availability of Recycled Water • Sewer Service • Access Roads 4. NCTD Double-Track Project - Private At-Grade Crossing • Potential Cost Sharing 5. Transfer of Coastal Bluff Property to City 127 ?* «V^c figp^, £, ^##=^0- <• ** , +1 y ^ £^&. -*g,s*<e6. { / z^- ^v-^ .j J / •?/-> Coastal Rail Trail - Reach 3 Railroad Track - Eastside vs. Westside Alignment Alternatives Monday, January 4, 2010 Incited a. BENEFITS: i. Least amount of retaining walls are needed estimated at a reduction of 1 1 ,1 00 SF compared to the west side alignment. Least amount of grading, clearing, and grubbing required. Least amount of asphalt paving with an estimated savings of 67 tons compared to west side. iv. Construction cost is less than West side alignment with a savings in a range of $750,000 to $1,000,000 because of the more direct alignment, less grading is required, and has the Jeast amount of retaining walls required. v. Bends in the alignment are significantly less compared to west side alignment, because the alignment proceeds directly off the proposed bridge crossing Agua Hedionda Lagoon and proceeds straight south to Cannon Road. vi. Coastal Rail Trail easement can be placed directly above and remain within the sewer pipeline easement. vii. Coastal Rail Trail improvements can be used to provide vehicular access for maintenance and repair service by the City for numerous facilities including the trail, the existing and proposed interceptor sewer pipelines, the proposed recycled water pipeline, the proposed sewage lift station, and by SDG&E for their gas pipeline. b. CHALLENGES: i. Need to develop satisfactory solution to resolve vehicular conflict with NRG's "at grade crossing" of the railroad tracts. ii. Need to consider impact of crossing the SDG&E "Substation site" property. SDG&E staff indicated they wiU not be able to commit to alignment at this time. iii. Trail will need to consider providing protection from potential chemical storage area for NRG's proposed power plant. iv. Requires the trail and pedestrians to proceed from the east side of the rail road tracks to the west side of the tracts using the "at grade crossing" of Cannon Road. v. Will require easement from Cannon Court property. ALjERfcATI^EJJv Alignment Located on WestSi.d.ft,of cRall.rog.d-Tracks _., . _t.vu. c. BENEFITS: i. Eliminates active "at grade crossings" of the rail road tracks for pedestrians using the trail. The exception is the rail road spur to the existing NRG power plant, ii. Provides direct access to west side property which could potentially be developed by NRG, and SDG&E, and a more direct access to Carlsbad Boulevard and the adjacent coastal area, iii. Provides a better view from the trail of the coastal areas and ocean on the west side of the tracks, iv. Provides access for pedestrians to tour the Desalination Plant when it is constructed v. West side alignment is supported by NRG staff. d CHALLENGES: i. Liquefiable soil is noted along that portion of the trai! alignment located adjacent to and on the south side of Agua Hedionda-Lagoon. May have up to 6" settlement in the event of an earthquake, ii. To proceed under NCTD bridges requires the profile of the trail to be much steeper than east side alignment approaching maximum allowed of 5%. iii. Will cost potentially up to $1M more because of additional retaining walls, length of the trail, and associated improvements. / iv. Need to develop satisfactory solution to resolve vehicular conflict with NRG's "at grade crossing" of the railroad tracts, v. Will need to consider protection from the chemical storage area of the proposed Desalination Plant, vi. Will need to consider "emergency access from Cannon Road" for Desalination Plant. vii. Will need to provide Poseidon Resources access to 54" desalinated product pipe line and pump well for maintenance, viii. Traffic conflict with railroad spur to NRG's existing power plant ix. Alignment will require crossing • SDG&E "Emergency Equipment/Maintenance Yard" property adjacent to the railroad tracks requiring revisions to their existing entrance driveway from Cannon Road. SDG&E staff indicated they cannot commit to approval of alignment across their property at this time, x. Simultaneous access by heavy equipment for Agua Hedionda Lagoon dredging operations must be considered where trail is adjacent to the lagoon. CONCLUSIONS -- a. -Tilt; east side '•aifgnmefti has ifte iowtesi ^onsirucfion cost ra^i^g ;.; a savings of $750,000 to $1,000,000. b. The east side alignment impacts the least amount of NRG and SDG&E property because the trail would be placed within the required sewer easement. SDG&E staff is acceptable to approving the Sewer Easement. c. The east side alignment provides Maintenance access for several facilities, d. The profile of the east side alignment is relatively flat compared to slopes approaching 5% for the west side alignment. e. The west side alignment is more aesthetically appealing, provides better views of the ocean and the adjacent coast and lagoon, and provides better connectivity to coastal areas and potential commercial development of NRG and SDG&E property. f. The coastal rail trail would cross SDG&E property on the east side and also on the west side alignments. SDG&E staff verbally indicated they cannot commit to approval of an easement where the trail would cross their property for either the east side or west side alignments. g. NRG staff verbally indicates support for West side alignment. •'\- A, ^ SOASTAl RAIL TRAIl (EAST SIDE) 4 y $:*;£ "7 — - -fl vB *W --/ 7 fc . fa. &VfRH£db' ' f-~v£Nf StHVCVttt»•"* i ti'Ta-n' , / ffw /i^wtt / * I/ WD/£{ / ^1 ^AU •^f-^Sf^~==fv. -^~*g~-~ -— -«*..»»,-4*^ .Tr_,,\;^> *-f4- ^,-r.J ^^TftfOXIOOn CASEMftf \ \ •;>WK^»/ "' / % .c.-..- .,.-- r- •/".-",: I, *V.»- ..... . . --jt W^* !.. • * ..._;... *r__ I; ' : /otf«CM «*tff ,3/£a*rtJSf3 CMftiJC - 4' c»«f ffwon-t-*^ v*«' HMT «CSM Cf wSf - LAMOXM^HS (f**>f - M* \ !-!SEHOICH - |^ TT 8 \ COASTAl RAIL IRAIL (WEST SIOF) COKCEPTUA1. DESIGN &WT4 WST ALIGNMENT tlfOO TO 23*001:16*00 TO 2?'ia w-3455 ! XXX-X\ I 1 . HI I •YMTHC CUMU&PiAM !i I ( Massiinmii_px P= /rr A >j COASTAL RAH TRAIL Mii ._ -..^2;. "' V B\ COASTAL RAIL TR/.JL p L.-jii«Hi5i.ieg"«'>' ILJj.J CtyaOLIVJLaiML-XMHl EASTS. WEST AUGMENT M» RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City CteiR CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE Trie undersigned gfantor(s) declare(s): Assessor's Parcel No,: 210-010-26&41 Documentary transfer tax is $.0.00 Project ID: 3-492 ( ) computed on full value of property conveyed, or Related Project ID ( } computed on full value (ess value of liens and Project Name: Agua Hedionda Sewer encumbrances remaining at time of sale. Lift Station & Force Main Replacement ( ) Unincorporated area: (x) City of Carlsbad, and GRANT DEEP OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledge). CABRILLO POWER I. LLC, a California Limited Liability Corporation the owner of real property described herein located in the City of Carlsbad, San Dieqo County. Californiahereby GRANTS to >..•*>>• City of Carlsbad, a Municipal Corporation the following described real property in the Ci$y of Carlsbad. County of San Diego, State of California: PARCELS A-1 & A-2: SEWER LIFT STATION AND APPURTENANT. FACILITIES: the public sewer easement granted herein shall be granted for Hie following purposes: the construction, operation, repair, reconstruction and all activities -necessary to construct, reconstruct, operate, maintain and repair facilities designed tor the general purpose of collecting, storing, transporting, pumping and treating all wastewater, including surface water, stream water, flood water and ground water flowing into said facilities, and structures of any kind, whether above or below the surface of the ground Said facility may include pipelines, pumping facilities, odor control treatment facilities, chemical storage, structures designed to screen or grind wastewater, structures designed to enclose emergency electrical generators and all facilities, pipelines, conduits ana structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but not limited to, erosion control facilities, storm water treatment devices, fences, gates, doors, .locking devices, alarms, lights, and all other protective facilities and devices. The easement for said facility may also be used.to revegetate or create native habitat as required by necessary City, State or Federal permits. The use shall also incEude a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Granto* herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted,, nor may the easement de used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein Without the express written approval of the Grantee. I- '.Casual i/npiwoiF i--il t"«ar»n"i3Si9 V.svj Cnssbse Irasrcspiar Rw><3> i s-is'.HOWBscaf-j^'.NSGKS/ant Do«i ci Caswrs-y: C.iy 752. PARCEL A-3: SEWER PIPEUNES: the public sewer easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all wastewater, including surface water, stream water, flood water and ground water flowing into said facilities, and structures of any kind, whether above or below the surface of the ground. Said easement may include gravity sewer pipelines, sewer force mains and buried structures necessary to facilitate inspection and cleaning of said pipelines. The use shall also include a means of access along said easement for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. Grantor herein agrees that no buildings and/or structures will be erected, wails constructed, fences built nor tress planted within said eaaeiiitjnl. Thy easement shall not be used Dy tne Grantor or any other person or entity, including other utilities, whether pubtic or private, for uses whether compatible or incompatible with the uses described herein without Che express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A". Exhibit "8" is attached for clarity oniy. H -.uspiLa! !marc«inc« ?f»3?.aiTr.39^9 v»:»C«3bso lrt*«««. R*a* i 3-15\ROW Sips-ate WRffiG.-ant Ocoa ci Essstr*-,; Cty ooe DATED OWNER: By: (NOTARIAL ACKNOWLEDGMENT OWNER(S) MUST BE ATTACHED.) (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) OF EXECUTIOM BY NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN &EHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT. PRIOR TO THE EXECUTION OP THIS EASEMENT, TH& PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Title) €M,iF®Rff«& ALL-PURPOSE AGKMQWLEDISfVIEWY Stale of California County of _____ On Data personally appeared __ before me,H«re Ins*:! Warm ani fills o! Jie Otficar tianifiis) ofSigner;s) ?!,-ica Noiary Seal Aaovo who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me thai he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct,' WITNESS my hand and official seal. Signature OPTIONAL Signaluta cf Notary Py&i Though the information be/uw is IIQ! required by taw, it may prove tfafuaote to parsons relying an (Fie document and could prevent ftaucfulsnt removal and reatlachment of this form to another document. Doscrfption of Attached Document Title or Type of Document: ; . Document Date:Number o1 Pagea: Signfir(s) Oth^r Than Named Aboue: Capaeity{iss) Cfeimsd fry 3igner(s) Signer's Name:..,,,.., n Individual U Corporate Officer — Title(s): Q Partner—"II Limited n General n Attorney in Fact D T/ustoe 13 Guardian or Conservator III Other:, Top of tfitWD K-:e Signer Is Representing:. Signers Name: D Individual Q Corporate Officer—Tille(s): CD Partner — LJ Limited IJ General u Attorney in Fact D Trustee O Guardian or Conservator D Oth e r: Signer is Representing;.,.,.. lOp &' Idunb riuis Ana.. P.O.BOX 2402 "G!a'.s«ftrt,CA 9l313-£4D2i-uVfty.N<»ifan<ilMnUry.erj) Ircrn «907 t^s'tHpltv FtcN>r;n ^-5^.RCWS*parsl«'rKRGvGf3r.;V3nca o' fi^^^-nenl CtyMcc %&;%2G!±txZKxJ4X&&U*&:t KW.376-68SV EXHIBIT 'A1 THOSE PORTIONS OF PARCELS 3 & 4 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789067 & 2001-0789068, OF OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY (ROS) 17350, LYING WITHIN LOT 'H1 OF RANCHO AGUA HEDIQNDA IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO, 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16. 1896, DESCRIBED AS FOLLOWS: PARCEL JA-1': BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAN DiEGO NORTHERN RAILROAD (FORMERLY KNOWN AS ATCHISON, TOPEKA AND SANTA FE RAILWAY) AND A POINT WHICH BEARS SOUTH 67029'44" WEST (RECORD SOUTH C7»29'48B WEST PER PARCEL MAP 19330) FROM THE NORTHWEST CORNER OF PARCEL 5 OF CANNON COURT (MS 99-16), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING I'U PAKCEL MAP IHtKbOh NO. 19380. MLtD IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 2, 2003, SAID POINT HEREINAFTER REFERRED TO AS POINT 'A' AND THE POINT OF' COMMENCEMENT; THENCE ALONG SAID EASTERLY LINE OF SAID SAN DCEGO NORTHERN RAILROAD NORTH 22U30116" WEST (RECORD NORTH 22°30'12" WEST PER PARCEL MAP 19380), 2,58-1.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 67"29'44" EAST, 35.25 FEET, SAID POINT HEREINAFTER REFERRED TO AS POINT 'B1, THENCE NORTH •03"20154" WEST, 128.24 FEET; THENCE NORTH 23>1121" EAST, 273.84 FEET; THENCE NORTH 30°00'00" WEST. 225.65 FEET TO THE SOUTHERLY LINE OF PARCEL 3 OF SAID RECORD OF SURVEY; THENCE ALONG SAID LINE SOUTH 79°19T>9" WEST, 84.41 FEET TO A POINT HERINAFTER REFERRED TO AS POfNT 'C'; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH rriQ'RQ" WEST, 57.03 FEET; THENCE NORTH 69°10'01" WEST, 38.00 FEET; THENCE NORTH 40°47'01" WEST, 63.50 FEET; THENCE 3£T30'59" WEST. 3490 FFFT; THENCE SOUTH 61C52'54" WEST, 14.22 FEET TO THE EASTERLY LINE OF SAID SAN. DIEGO NORTHERN RAILROAD AND THE SOUTHERLY TERMINUS OF A NON-TANGENT 1,97499 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76317'15" EAST; THENCE ALONG SAID EASTERLY LINE SOUTH 22C3U'16" EAST, .302.87 FEET TO THE BEGINNING OF A NON-TANGENT 1,005.37 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 87°59'57" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 36.75 FEET THROUGH CENTRAL ANGLE OF 02"Q5'4Q"; THENCE SOUTH 22°3Q*16" EAST, 293.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.381 ACRES, MORE OR LESS. PARCEL 'A-2': BEGINNING AT POiNT "C' DESCRIBED ABOVE IN PARCEL 'A-1', SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PARCEL 3 OF SAID RECORD OF SURVEY AMD THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 79-19'59" WEST, 57.03 FEET; THENCE NORTH 69MO'01" WEST, 38.00 FEET; THENCE NORTH 4Q*47'01" WEST, 63.50 FEET; THENCE 30°30'59" WCST, 34.90 FCCT; THENCE SOUTH B1"52'54" WEST, 14.22 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD AND THE SOUTHERLY TERMINUS OF A NON-TANGENT 1,974.99 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76'"'17'15" EAST; THENCE NORTHERLY ALONG SAID EASTERLY LINE AND THE ARC OF SAID CURVE 25.17 FEET THROUGH A CENTRAL ANGLE OF 0°43'49"; THENCE LEAVING SAID EASTERLY LINE NORTH 67°57'23" EAST, 43.06 FEET; THENCE SOUTH 67*02'37" EAST, 140,64 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.085 ACRES, MORE OR LESS. PARCEL 'A-3': BEGINNING AT POINT 'A1 DESCRIBED ABOVE IN PARCEL 'A-l'; THENCE NORTH 67'29'44" EAST (RECORD NORTH 67°29'48" EAST PER PARCEL MAP 19380). 35.25 FEET: THENCE LEAVING SAID LINE NORTH 22°30'16" WEST, 889.92 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 4 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 22e30'16" WEST, 1694.09 FEET TO POINT 'B' DESCRIBED ABOVE AND A POINT ON THE SOUTHERLY LIME OF SAID PARCEL A-1; THENCE ALONG SAID SOUTHERLY LINE SOUTH 67'29'44" WEST, 30.00 FEET; THENCE LEAVING SAID LINE SOUTH 22°30'16" EAST, 1,696.75 FEET TO THC SOUTHERLY LINC OP SAID PARCEL 4; THENCE ALONG SAID SOUTHERLY LINE NORTH 62a25'10" EAST (RECORD NORTH 8T25'13~ EAST PER ROS 17350), 30,12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.168 ACRES, MORE OR LESS. EXHIBIT "B" EASEMENT PLAT SHEET 1 of 3 LEGAL DESCRIPTION: PORTIONS OF PARCF! S 3 Ac 4 OF CERTIFICATE Or COMPLIANCE RECORDED CCTQd^R 30, ?QOs AS DOCUMENT NOS. 200<-0789C67 Si 2001--078S06S, OF O-F.'CiAu RECORDS, AS SHOWN ON RECORD OF SURVEY ; 7350. I YIX-G V* ri-HN LOT 'H' OF RANCHO AGUA HEDiONOA ;N TWt GUY OF CARLSBAD, COUNTY O?- SAN STATE OF CALIFORNIA, ACCOSDifvG IE PARTITION MAP "HEREOF Q:EGO, TO T 873, FI1.FO (N THE OF-iCE OF CCX>N""Y RECORDER CF SA SAN DlFGO, MOVEiMBFR'16, "896. ASSESSOR'S NO.: 7:0-010-26 & 41 BASIS OF BEARINGS: TPL BASIS CF SEAR'NCS FOR Tr-;ISS.'\-AWI\G is iHE CALIFORNIA COORD;MAT>: SrSTh.M '98.3, ZONt 6 Bt. fWFFN PO;NTS 057 AND 141 AS S'-tOVVN 0>J HeCORO Of- SITE: PACIFIC OCEAN VICINITY MAP OWNER 460G C ARLSBAO BOui.EVARD CAR^SDAQ, CA 9?GOO SAN DIEGU^'O ENGSNiEERiNG, INC. 4407 WAMCHESTER, SUiTC '05 E^iCIK-ITA-,, CA. 92021 «:tONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEY-NO AND^EVV\G DATE PW5370 SHEET 2 of 3EXHIBIT B EASEMENT PLAT SONR (FORMERLY ATCHISON, TOPEKA & SANTA FE RAILWAY) v- ~ SAN DIEGUITO ENGINEERING, IMC. n, 1G£» TAH, CA. 92024 PHONE: (760) 753-5525 ClViL tNCINEERJNG • PLAKNiiNG. AND SURVEYING PW5370 EXHIBIT "B" EASEMENT PLAT PARCEL 3/-PARCEL 'A-2' <ca 'A-?' PARCEL 'A-1 SDNR (FORMERLY ATCHtSON. TOPEKA & SANTA FE RAILWAY) -> PARCEL A S SO A:.-.: < -•-- 200 A IMDJCA'F.S EASEMENT AREA SAN OiEGUITO ENGIN-EERINC, INC. ANC:IILSTI.;R. suirr 10;. -NrAG. CA. 3202 < ;'HQNr: (760) 753-5525 CIVIL AND SIJRVCYING SHEET 3 of 3 I] : '-2 1.3 L.4 L5 L6 L7 C1 L8 • C? !_9 Lin 5.11 cJ2 L' 3 L:4 BEARING/DELTA N67'29'44"E N03*2C'54"-W N23"l'2i"E N3O"00'OO"Vv S79'19'59"W So7'02'J/"L •v57'57'23"E Or/43'49'r S22'.>0Tl 6irc.' 0?' or? To S22'30'IS"£ S79'1 9'59"V»' iN69'TO'D'"W N40'47'OI"W S3C'JO'59"W Sol "5?'54"W LENGTH 35.25' 273.84' 225.65' s^-.'ir 140.64' 43.06 25. :'/' 302.87' 36.75' 293.12' 57.03' 38.00' 53.5O" 3-1.90' 14.2'2' RADIUS 1974.99' 1005-.J/1 ; -0 Jp- J PW5370 Terry Smith From: Pearson, Michael [Mike.Pearson@nrgenergy,com] Sent: Wednesday, January 26, 2011 6:04 PM To: Terry Smith Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for & Hours Thanks Terry, I had dialog with SDGE this morning and reviewed documents that they presented. From what everyone has laid out before me, it looks like the poles, wires and 1/2 of the lift station are in NCTD territory, I think we're out and it's up to you and your folks to resolve. Further, the electrical outage that SDGE wanted to do at the plant has been resolved. SDGE will shut off the lights to the lift station on Friday rather than the power plant. That resolves a lot of confusion presuming you know about that too? m.j.p. Original Message— From: Terry Smith [mailto:Terry.Smith@carisbadca.gov] Sent: Wednesday, January 26, 2011 5:59 PM To: Pearson, Michael Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Quick Update; Mike. I think we made some progress with SDGE today, but we still have issues with the easement. it looks to me like SDGE does not need an easement from NRG. We laid out the new line on our topo with pole locations and our survey of the right-of-way line and it appears that it is entirely within the railroad right-of-way. I hope to get is resolved tomorrow. I'll keep you posted. Terry Smith From: Pearson, Michael [mailto:Mike.Pearson@nrgenergy.com] Sent: Tuesday, January 25, 2011 4:10 PM To: Terry Smith Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:00AM for 8 Hours Thanks Terry, I'm in an awkward position right now. The Asset Manager quit. The Lawyer that knew all the details has left. I want to do good by the YMCA. I don't have the horsepower in my company to anything other than to make recommendations. With that said, I'm not sure what to do about SDGE. They are bound and determined to do the work WITHOUT the appropriate easement agreement. I seriously doubt that you'll get NCTO nor Amtrak to stop. They are pretty determined to keep going. So, you are suggesting that your future bridge might be able to support the line to the YMCA and allow us to remove the newly proposed wire over the lagoon? Interestingly, SDGE hasn't said anything about releasing the easement of the old path to the YMCA. I wonder how we get that one un-done? m.j.p. —Original Message From: Terry Smith [mailto:Terty.Smith@carisbadca.gov] Sent: Tuesday, January 25, 2011 2:55 PM To: Pearson, Michael Subject: RE: Planned Power Outage; Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Mike, Our preference wouid be to get SDGE to remove the restriction about placing structures under the line since we have a large grinder vault proposed below this alignment. However, with that said, we are prepared to relocate the tine through our new bridge to the YMCA if needed to eliminate this problem. Since Amtrak and HCTD are requesting the realignment of this line for their double track project, I will try to make one last pitch to them to allow this work to be deferred to a later date as part our project so that this line does not need to be relocated twice. I probably won't have much success, but it's worth a try. I don't have a big concern with them showing up on Friday to do this work since it is only a service for the YMCA. Thanks, Terry From: Pearson, Michael [mailto:Mike.Pearson@nrgenergy.com] Sent: Tuesday, January 25, 2011 2:29 PM To: Terry Smith Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Terry, From the drawings I saw, the line is right through the middle of the site. Attached is what 1 believe to be the path, if you feel that this won't get in your way during future construction and you have no intention of building 6 feet either side of the route, it won't bother me to use this path. m.j.p, Original Message From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov] Sent: Tuesday, January 25, 2011 1:52 PM To: Pearson, Michael Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Mike, i have been told by SDGE that the easement they are requesting is over a portion of NRG's property (or NCTD?) that crosses the lagoon channel and does not go over any of our planned structures. If this is the case, then we have no problem with them moving forward. I arn still trying to get a copy of the easement document from SDGE, ' Terry Smith From: Pearson, Michael [mailto:Mike.Pearson@nrgenergy.com] Sent: Monday, January 24, 2011 5:27 PM To: Terry Smith; Staley, Jany M Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Here are some folks that might be of further assistance: Bruce Wylie (619) 572-5206 - He's SDGE foreman running the job Dennis Bus (tel ?) - I've been led to believe he's the SDGE planner for the job. I've had brief dialog with Dinah Willier (SDGE Account Executive) about the whole thing. She might be of assistance. rn.j.p. Original Message From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov] Sent: Monday, January 24, 2011 4:56 PM To: Staiey, Jany M Cc: Pearson, Michael Subject: FW: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Jany, Can we discuss this issue (see below) in the morning when we get together to discuss power for the new lift station. Thanks, Terry Smith From: Pearson, Michael [mailto:Mike.Pearson@nrgenergy,com] Sent: Monday, January 24, 2011 4:13 PM To: Terry Smith Subject: FW: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Original Message From: Pearson, Michael Sent: Monday, January 24, 2011 4:13 PM To: 'Barajas-Rodriguez, Linda1 Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Dinah, Linda, This thing is taking an interesting turn, i spoke to Bruce Wylie and he says it's to extend circuit from our East Tank Farm to YMCA. My electrical guy and I walked the wires. We there there is some serious confusion about which circuits are being placed out of service. The meter mentioned appears to be on the west side of the railroad tracks while Bruce suggested the work is being performed on the east side of the tracks. To make things even more interesting. About a week ago, I was handed a "easement" document to review. It proposes that NRG give full easement to SDGE to install wires across the lagoon. Further it says we can't build under the wires. The City intends to do exactly that They propose to re-build their facilities exactly where the new wire is proposed. I asked Terry Smith (City of Carlsbad) to call SDGE to discuss. I'm not sure what to do now. m.j.p. Original Message From; Barajas-Rodriguez, Linda [mailto:LBarajas@semprautilities.com] Sent: Monday, January 24, 2011 12:52 PM To: Pearson, Michael Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Mike, the foreman confirmed the two facilities below will not be affected by the outage. They are being fed from another circuit. Let me know if you still wish to speak to the foreman. Thanks, Linda From: Pearson, Michael [mailto:Mike.Pearson@nrgenergy,com] Sent: Monday, January 24, 2011 11:11 AM To: Barajas-Rodriguez, Linda Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAMfor8Hours Linda, Here are the two additional loads: Meter 1838148 Pole: P20921 Circuit? 303-408M Meter 000497 Pole: P124700 Circuit? 303-417 m.j.p. —Original Message— From: Barajas-Rodriguez, Linda [mai Ito: LBarajas@semprautilities.com] Sent: Monday, January 24, 2011 9:39 AM To: Pearson, Michael; Carter, Jerry Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Thanks, Mike, I apologize for the confusion. If you are unable to locate these meters you are concerned about, that would be great. Another way we might resolve any doubts, is to have the foreman speak to you directly and verify any locations in question. Thanks, again. Linda Barajas-Rodriguez Associate Planned Outage Coordinator (858) 654-1197 wk (858) 650- 40O5 fax Ibarajas&semprautifities. com From: Pearson, Michael [mailto:Mlke.Pearson@nirgenergy.comi] Sent: Monday, January 24, 2011 9:11 AM To: Barajas-Rodriguez, Linda; Carter, Jerry Cc: Willier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Thanks Linda, Dinah Willier cleared up a few things late last week. I believe we concluded that the circuit you supplied feeds the Encina Waste Water Facility. My database had the old pre-Smart meter number so I couldn't match it to the number you supplied. I'm concerned about two other meters that might be on the same circuit. I'm going to try to get the number from these meters a little later this morning. m.j.p. Original Message—- From: Barajas-Rodriguez, Linda [mailto:LBarajas@semprautilities.com] Sent: Monday, January 24, 2011 8:03 AM To: Pearson, Michael; Carter, Jerry Cc: Willier, Dinah Subject; RE: Planned Power Outage; Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Good morning, Mike. I will look into this for you and provide you with additional information. I will get back with you as soon as possible. Thanks, Linda From: Pearson, Michael [mailto:Mike.Pearson@nrgenergy.com] Sent; Friday, January 21, 2011 4:35 PM To; Barajas-Rodriguez, Linda; Carter, Jerry Cc: Witlier, Dinah Subject: RE: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:00AM for 8 Hours Linda, Sorry, I'm not familiar with "circuit 781". I don't have record of this meter at our site. Can you provide further details about location and respective load? ( m.j.p. Original Message From: Barajas-Rodriguez, Linda [mailto:LBarajas@semprautilitie s.com] . Sent: Friday, January 21, 2011 3:41 PM To: Carter, Jerry; Pearson, Michael Cc: Willier, Dinah Subject: Planned Power Outage: Circuit 781 for Friday, 1/28/11 at 8:OOAM for 8 Hours Good afternoon, A planned power outage has been scheduled for Friday, January 28th, 2011 at 8:OOAM for up to 8 Hours to replace arms and installing new conductors in the area (weather permitting and barring any other unforeseen circumstances). ( Please advise the appropriate 10 personnel of the above power outage. A response to this email would be appreciated to confirm that the appropriate personnel has been notified. Please advise us if a generator will be used during the outage. The outage will affect the following acfdress(es): CABRILLO POWER I LLC 4600 CARLSBAD BLVD CARLSBADK, CA 92008 Meterf 980231 SDG&E requires notification if a generator will be used or if customer scheduled' maintenance will be performed during the planned outage. Generator must be isolated from SDG&E's electric system before connecting. To prevent data loss and damaged equipment, be sure to shut off or disconnect all sensitive electronic equipment, i.e. computers and fax machines, before the outage begins. This outage will affect your alarm system and may affect a private phone system. Please contact your alarm and phone maintenance staff if you have any questions. We will perform our work quickly to minimize the impact this has to your operation. In the event of unexpected circumstances, this outage could last longer than planned or be cancelled due to emergency calls. We appreciate your response within 24-hours. Thank you, Linda Kurtijas-Rodriguez Associate Planned Outage Coordinator (858) 654-1197 wk (858) 65O-4O05 fax !barajas@semprautilitie$. com 11 Terry Smith From: Pearson, Michael [Mike.Pearson@nrgenergy.com] Sent: Friday, February 04, 2011 2:18 P'M To: Terry Smith Subject: Encina Sewer Lift Station Terry, Good to meet you earlier this week. I've out of the loop with respect the sewer lift station upgrades at Encina. My boss was our interface but unfortunately, he was asked to support another project in Los Angeles. Looks like I might be back in the loop. Several years ago, you sent me proposed drawings and I handed them off to my boss. In the meeting the other day, it looked like there might have been several revisions since the drawings you sent a few years ago. ts there a-way to get a set for review? During the presentation, the Planning Department used a Power Point presentation to demonstrate the proposed build. Is there also a way to get a copy of the Power Point presentation that we can show our management? m.j.p. Michael J, Pearson NRG Energy - West [NEW:] 5790 Fleet Street, Suite 200 Carlsbad, CA 92008 (760)710-2183 Terry Smith From: Pearson, Michael [Mike.Pearson@nrgenergy.com] Sent: Monday, February 07, 2011 10:55 AM To: Terry Smith Cc: Piantka, George Subject: RE: Encina Sewer Lift Station Thanks Terry, NRG contact is indeterminate at this point. We're still adjusting the staff to the needs. That combined with some folks that have retired/quit, makes it more challenging. I suspect for the time being, George and ! will be tag-team contacts for this proposed project. m.j.p. —Original Message— From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov1 Sent: Monday, February 07, 2011 9:30 AM To: Pearson, Michael Subject: RE: Encina Sewer Lift Station Mike, I am out of the office today, but will put together a package for your review. The layout of the facilities has probably changed a little since the early days, but the overall area that we need has not changed in the last 2- years or so. I will also send you the plat and legal description for the property that we need to acquire from you. I sent it to Marc last fall but never received any comments. Will you be my direct contact, or will it be George? Or should I just copy George on any correspondence? Thanks, Terry From: Pearson, Michael [Mike.Pearson@nrgenergy.com] Sent: Friday, February 04, 2011 2:17 PM To: Terry Smith Subject: Encina Sewer Lift Station Terry, Good to meet you earlier this week. I've out of the loop with respect the sewer lift station upgrades at Encina. My boss was our interface but unfortunately, he was asked to support another project in Los Angeles. Looks like I might be back in the loop. Several years ago, you sent me proposed drawings and I handed them off to my boss. In the meeting the other day, it looked like there might have been several revisions since the drawings you sent a few years ago. Is there a way to get a set for review? During the presentation, the Planning Department used a Power Point presentation to demonstrate the proposed build. Is there also a way to get a copy of the Power Point presentation that we can show our management? m.j.p. Michael J. Pearson NRG Energy - West [NEW:] 5790 Fleet Street, Suite 200 Carlsbad, CA 92008 (760)710-2183 75-1 Terry Smith From: Pearson, Michael [Mike.Pearson@nrgenergy.com] Sent: Thursday, February 10, 2011 4:05 PM To: Terry Smith Cc: Piantka, George Subject: RE: 90% Design Drawings for Sewer Lift Station Thanks Terry, It's easier to explain to my team with drawings than try to do it from memory on a white board. m.j.p. Original Message From: Terry Smith [mailto:Terry.Smith@carlsbadca.gov] Sent: Thursday, February 10, 2011 3:23 PM To: Pearson, Mfchael Cc: Pianfcka, George Subject: 90% Design Drawings for Sewer Lift Station Mike, As you requested, I have attached some of the civil drawings from our 90% design package of the sewer lift station and force main project. I can provide you with other drawings, but it is a very large plan set and I thought these sheets would be most relevant. I will also send you some of the planning exhibits via a separate e-mail, which may give you a better overall perspective of the entire project. Thanks, Terry E-mailing Easement Document to NRG.txt From: Terry Smith Sent: Tuesday, February 15, 2011 2:29 PM To: 'Pearson, Michael1 Cc: 'george.piantka@nrgenergy.com' Subject: Easement Document Attachments: Draft Deed, Plat and Legal for NRG.pdf; PC Reso 6632 PDP.pdf Mike, Here is a copy of the easement deed, plat and legal for your review and comment. I sent this to Mark Kodis last fall, but did not receive and comments. We have been meeting with various NRG staff over the past 5-y ears, so the defined easement area should come as no surprise. With that said, we welcome any comments or questions you may have, but we need to receive your comments in writing before the end of the month to keep this process on schedule with the overall project. Any requested changes to the easement deed language will need to be reviewed by our City Attorney. In the past, NRG has indicated that they would like the City and their contractor to enter into a right-of-entry agreement. As of this date, NRG has not provided the City a copy of this agreement for review. Additionally, I have attached Planning Commission Resolution 6632 for your information. This resolution approves the Precise Development Plan Amendment for the Desalination Facility and contains a number of conditions that have been placed on the power plant property. One of the conditions being that NRG will dedicate easements to the City for this sewer project. Another condition being the requirement to dedicate easements for the City's Coastal Rail Trail Project. Since the sewer project is not connected to the Coastal Rail Trail (CRT) project, the City is willing to defer the decision on the alignment of the CRT until a later date, but no later than the milestone defined in the attached resolution. I am available to meet with you anytime to discuss this project if needed. If this issue needs to be resolved by your attorney, then please forward this as soon as possible. If you are n'ot able to provide comments by February 28th, please contact me with an alternate date. Thanks, Terry Smith Terry L. Smith Sr, Civil Engineer Utilities Department CHy of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 www.carlsbadca.gov P: (760)602-2765 F: (760)602-8562 te rry. smith@car!s badca .g ov Page 1 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92003 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantors) dsclare(s): Assessor's Parcel No.: 210-010-26&41 Documentary transfer tax is SO.QQ Project ID: 3492 ( ) computed on full value of property conveyed, or Related Project ID ( ) computed on full value less value of liens and Project Name: Agua Hedionda Sewer encumbrances remaining at time of sale. Litt Station & Force Main Replacement ( ) Unincorporated area: (x) City of Carlsbad, and _________________ GRANT DEED OF GENERAL.UTILITYEASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CABRILLO POWER I, LLC, a California Limited Liability Corporation the owner of real property described herein located in the City of Carlsbad, San Diego County, California hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego. State of California: PA.RCELSA-1 & A-2: SEWER LIFT STATION, PIPELINES, AND APPURTENANT. FACILITIES: the general utility easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain, and repair facilities designed for the general purpose of collecting and transporting wastewater, flowing into and through said facilities, and structures of any kind, whether above or below the surface of the ground. Said facility may include gravity sewer pipelines, pumping facilities, sewer force mains, odor control treatment facilities, chemical storage, structures designed to screen or grind wastewater. structures designed to enclose emergency electrical generators and all facilities, water and recycled water pipelines, conduits and structures associated, with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but not limited to, erosion control facilities, storm water treatment devices, fences, gates, doors, locking devices, alarms, lights, and ail other protective facilities and devices. The easement for said facility may also be used to revegetate or create native habitat as required by necessary City, State or Federal permits. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. ly* Rsa^i 13 l!>sKOW:Jo[>.}f3t-s-.NR€,C«*'! Devucff feose^Krt C<ty 'foe PARCEL A-3: SEWER, WATER, AND RECYCLED WATER PIPELINES: the general utility easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain, and repair pipelines and facilities designed for the general purpose of collecting and transporting wastewater, water and recycled water flowing into and through said pipelines and facilities, and structures of any kind, whether above or beJow the surface of the ground. Said easement may include gravity sewe-r pipelines, sewer force mains, water and recycled water pipelines, and buried structures necessary to facilitate inspection and cleaning of said pipelines, The use shall also include a means of access along said easement for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built, nor trees planted within said easement. The easement shall not be used uy the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein witnout tne express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A". Exhibit "B" is attached for clarity only. DATED OWNER: By: {NOTARIAL ACKNOWLEDGMENT OWiMER(S) MUST BE ATTACHED.} OF EXECUTION DY (Sign Here) (Print Name Here) (Title) By: (Sign Here)' NOTE THAT THE PRESIDENT OR VJCE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY 'MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT, ALTERNATELY A TRUE COPY OF A RESOLUTION Or THE BOARD OF DIRECTORS THAT IS SIGNED 8Y THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORA I ION WELL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, TH6 PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Print Name Here) (Title) tCapeoi w.0'0v«pi w: frogratiusMi.'tKl' 1 } '5'fiOvv Sawxa'iHtt&Gtaf-: C««: of Hasonert cuy >to: State of California County of __ On _________ Dais personally appeared before me, Hors insert Kame ondlittt ofiixi OlOcer ) o! S:a;»ris) " who proved to me on t*ie basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (tes), and that iby his/her/their signature^) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ca Nancy Seal Abo Signature. OPTIONAL - of NeUMy Though the information t/viow is not required by law, it ma/prove valuable to persons relying on the documentand could prevent fraudulent removal and reattachment of Ihis form to another document. Description of Attached Document Tine or Type of Document: „_ Oocumenl Date; , Signer(s) Othsr Than Narrvod Above: . Number of Pages: CopQC!ty{ies) Claimed by Sfgner(s) Signer's Name: ~ Individual G Corporate Officer —TiHe{s): !_' Partner — 17! Lirniierj n Genwral ~ At to may in Fact I; Trustee I] Guardian or Conservator D Other: Signer ts. Representing:. Signer's Name: L: Individuaf u Corporate Officer — Titleis): H Partner — LJ Limited D General G Attorney in Fact D Trustee O Guardian or Conservator O Other: Signer Is Representing;. oa NO'.tirf Association *«0 AW,. r;O,S«K VWiJ'CnaisvxjrUi.CA S*taiJ-i2(« • vtww.MiSwiiHMctwyois isrn *S907' n«!n1ar;Ca!iTo3-Kiot! 1-000-8?? -OOf?? EXHIBIT 'A' THOSE PORTIONS OF PARCELS 3 & 4 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2QQ1-0789067 & 2001-0789068, OF OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY (ROS) 17350, LYING WITHIN LOT 'H' OF RANCHO AGUA HEDIONDA IN THE CUV OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16. 1896, DESCRIBED AS FOLLOWS: PARCEL 'A-1': BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAM DiEGO NORTHERN RAILROAD (FORMERLY KNOWN AS ATCHISON, TOPEKA AND SANTA FE RAILWAY) AND A POINT WHICH BEARS SOUTH 67°29'44" WEST {RECORD SOUTH 67°29'4a" WEST PER PARCEL MAP 19300) FROM THE NORTI(WEST CORNER OP PARCEL 5 OF CANNON COURT (MS 99-16), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 19380, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 2, 2003, SAID POINT HEREINAFTER REFERRED TO AS POINT 'A' AND THE POINT OF COMMENCEMENT; THENCE ALONG SAID EASTERLY LINE OF SAID SAN DiEGO NORTHERN RAILROAD NORTH 22°-30l16-l WEST (RECORD NORTH 22*30'12" WEST PER PARCEL MAP 19380), 2,584.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 67°29'44r< EAST, 35.25 FEET, SAiD POINT HEREINAFTER REFERRED TO AS POINT 'Q'; THENCC NORTH 03*20'54" WEST, 120,24 FEET; THENCE NORTH 23'11'21" EAST, 273.84 FEET; THENCE NORTH 30'J00'00" WEST. 225.65 FEET TO THE SOUTHERLY LINE OF PARCEL 3 OF SAID RECORD OF SURVEY; THENCE ALONG SAID LINE SOUTH 79°19'59" WEST, 84.41 FEET TO A POINT HERiNAFTER REFERRED TO AS POINT 'C1; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 79a19'59" WEST, 57.03 FEET; THENCE NORTH 69°10'01" WEST. 38.00 FEET: THENCE NORTH 40°47'01" WEST, 63.50 FEET; THENCE 30"30'59" WFST, 34,90 FEET; THENCE SOUTH 61B52'54" WEST, 14.22 FEET TO THE EASTERLY LIME OF SAID SAN DIEGO NORTHERN RAILROAD AND THE SOUTHERLY TERMINUS OF A NON-TANGENT 1,974.99 FOOT RADIUS CURVE CONCAVE WESTERLY. A RADIAL LINE THROUGH SAID POINT BEARS NORTH 76"17'15" EAST; THENCE ALONG SAID EASTERLY LINE SOUTH 22'30'16" EAST, 302.37 FEET TO THE BEGINNING OF A NON-TANGENT 1,005.3? FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 8.7"59'57" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 35.75 FEET THROUGH CENTRAL ANGLE OF Q2°05'40"; THENCE SOUTH 22°30'16" EAST, 293.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.381 ACRES, MORE OR LESS. PARCEL A-2': BEGINNING AT POINT 'C' DESCRIBED ABOVE IN PARCEL 'A-V. SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PARCEL 3 OF SAID RECORD OF SURVEY AND THE TRUE POINT OF BEGfNNING: THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 79*19'59" WEST. 57.03 FEET; THENCE NORTH 69a10'01" WEST, 38.00 FEET; THENCE NORTH 40c<t7'0r WEST, 63.50 FEET; THENCE 3G'30'59" WEST, 34.90 FEET; THENCE SOUTH 61°52'54" WEST, 14.22 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO NORTHERN" RAILROAD AND THE SOUTHERLY TERMINUS OF A NON-TANGENT 1.974.99 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BfcAKS NORTH 76l'17'15" EAST; THENCE NORTHERLY ALONG SAID EASTFRI.Y LINE AND THE ARC OF SAID CURVE 25.17 FEET THROUGH A CENTRAL ANGLE OF Q"43'49"; THENCE LEAVING SAID EASTERLY LINE NORTH 67°57'23" EAST, 43.06 FEET; THENCE SOUTH 67'02'37- EAST, 140.64 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAfNS 0.035 ACRES, MORE OR LESS. PARCEL 'A-3': BEGINNING AT POINT 'A' DESCRIBED ABOVE IN PARCEL 'A-1'; THENCE NORTH 67"29'44" EAST (RECORD NORTH 67°29'48" EAST PER PARCEL MAP 19330). 35.25 FEET; THENCE LEAVING SAID LINE NORTH 22"30'16" WEST, 889.92 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 4 AND THE TRUE POINT OF'BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 22°30'16" WEST, 1694.09 FEET TO POINT '8' DESCRIBED ABOVE AND A POINT ON THE SOUTHERLY LINE OF SAID PARCEL A1: THENCE ALONG SAID SOUTHERLY LINE SOUTH 67°29'44" WEST, 30.00 FEET; THENCE LEAVING SAID LINE SOUTH 22'"30'16" EAST, 1,606.75 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 4; THENCE ALONG SAID SOUTHERLY LINE NORTH 62"25'10" EAST (RECORD NORTH 62°25'13" CAST PCR ROS 17050), 30.12 FEET TO THE TRUE POINT OP BEGINNING. SAID PARCEL CONTAINS 1.168 ACRES, MORE OR LESS. ,,:^ *W^^•i:l:^>^ ^if- EXHIBIT "B5? EASEMENT PLAT SHEET 1 of LEGAL DESCRIPTION: rJCI-r;ONS OF PARCELS 3 & 4- OF CERTIFICATE Or COMPLIANCE RECORDED CCrOBER 30, 200; AS COCUMEN' NOS, 2001-0789067 & 2001-0789063, OF CmOAL RECORDS, AS SHOWN ON RFC.ORD OF SURVEY 17350. LY.NG \¥TH'N LOT 'H' Of RANCHO AGUA KEDIONDA ^N TM<7 CITY OF CA^i.«:iAD, COUNTY Q" SAN D'hGQ, STATE OF CALIFORNIA, ACCORDING TO THE PAF<~iTICN MAP rHF.RfOr NO. 823, . ni.FO JN TH|_ OF-ICE OF !HF COUNTY RFCORP/FR O SA:p COUNTv 0:- SAM jlEGO, NOVEMBER "6. '895. ASSESSOR'S NO.: 21C 010-26 & 41 BASIS OF BEARINGS: "-IE BAS'S '0!'- I5KAKINGS ^OH Ir-.S DRAWING IS T-€ <iAi iFOR.NiA CGORDINAfE SYSTEM 1983, ZONE 6 3£~WEEN POINTS Oi.'/ A^D SuRVflY '• ?27'. I.F. N4Q-3e'2-"y AS SHOWN! ON RECORD OF OWNiiK: CABR L...C POWi-:R A600 CAH; S[iAO BO-, C;AR.S6AD. CA 920Ub //// -VDICATSS fASLWiMl ARc.A SAM DIEGU-iTO ENGiNiERING, INC. 4407 VAvCHfiili«. SUI't 1O5 FN-n-MTAS. CA SV074 PHONr.: </BO) /S^.firi?^ C'V!L ENGINEERING <• PL LAND SURVEYING s/rr PACIFIC OCEAN VICINITY MAP " NO SCALE o/ No. 7442 Exp.S/3G//o ANDREW V3. KARYLFS, PLS 7^42 CA PW5370 EXHIBIT "B" EASEMENT PLAT SDNR (FORMERLY ATCHISON, TOPEKA & ND1CATES L/VSCWi'K"? ASf.A \ \ ^ \\ -> .A- SHEET 2 of 3 .G.C. ?Q:NT 0" CQWMCWCrMilM .P.O.B. TRUE POINT Or BCGiNNJNG .^,,,3 "? SAM DIE GUI TO ENGINEERING, INC'. 4407_ MANCHESTER. S'JlTr 105 I-HO-NL': </60) 753 5525 CIVIL FNCIN^FRINC - PLANNING _AN;D SURVEYING .loo '.n\C« I 3D\53"C PW5370 '» T-\ 5' ..W^vK^ EXHIBIT B EASEMENT PLAT PARCEL 3 -7- PARCEL 'A-2' Pi.'C' Ac T.P.O.D. SHEET 3 of 3 0-70"PARCFl 'A- 2' ^ -s -ARC1.! 'A 1' I ? 13 L4 L5 1 L5 i-?Ci NiQ3-20'54"W N23"|]'2i"E N30760ICOTrW S79~9 59 W S6/"02'3/"r OG'^T^-9" "30 16 E SDNK (FORMERLY AiCHISON, TOPEKA & SANTA FE RAILWAY) C/i 02 L9; S2 *05'40" 2'30"1 6 'L j.'O: s/r/ia'Sfl'''..''/ LH ; Nb L'2 N4 L'3 L14 S3 ^'iG'or 0'4/"0" Q"30';j9 W * > ', /•r * S6rh7'5'-"VV 3-35- f^^TPl••-•r' <T •\L^ JNOlCAikS EASEMENT Afi£A A ^ % -_A ^JiCAU: 1 S^^SsEsi <£ I fNGTH ; RADIUS '_4S-2.5'_i_ 128.24' ! 273,84' i 225.65' '84:41' 140.6£_ 43.06[ 25.17 197-1,99' 302.S71 -z?P-: f36.75 ,:" 005.37 -O ~y ^o<^-\ Y £- SAN OIECUSTO 4 407 PriONiE: (750) 753 5J)I CIVIL ENGINEERING • PLANMiMC LAND SURVEYiKG PW5370 The City of CARLSBAD Planning Division A REPORT TO THE PLANNING COMMISSION Item No.© P.C. AGENDA OF: October 5, 2011 Application complete date: November 30,2010 Project Planner: Pam Drew Project Engineer Terry Smith & David Rick SUBJECT: PDF 00-02(CVSP 144(LVRP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION. FORCE MAIN AND GRAVITY SEWER REPLACEMENT - Request for: 1) a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) a recommendation of approval for a Precise Development Plan Amendment, Specific Plan Amendment, Redevelopment Permit, Hillside Development Permit, and Habitat Management Plan Permit; and 3) approval of a Coastal Development Permit and Special Use Permit (Floodplain). The proposed project is located within Local Facilities Management Zones 1, 3, and 22. The requested actions are for: 1) an amendment to the Precise Development Plan for the Encina Power Station (EPS) and the proposed 50 million gallon per day (mgd) capacity Agua Hedionda Sewer Lift Station and associated improvements (SLS) proposed at the EPS; 2) an amendment to the Encina Specific Plan to incorporate the proposed SLS; 3) a Redevelopment Permit for the SLS and associated piping within the boundaries of the South Carlsbad Coastal Redevelopment Area; and 4) a Coastal Development Permit, Hillside Development Permit, Special Use Permit (Floodplain), and Habitat Management Plan Permit. I. RECOMMENDATION That the Planning Commission: 1) ADOPT Planning Commission Resolution No. 6816 RECOMMENDING ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) ADOPT Planning Commission Resolutions No. 6817, 6818, 6819, 6821 and 6823 RECOMMENDING APPROVAL of Precise Development Plan Amendment (POP 00-02(C)), Specific Plan Amendment (SP 144(L)), Redevelopment Permit (RP 10-26), Hillside Development Permit (HDP 10-05), and Habitat Management Plan Permit (HMP 10-03); and 3) ADOPT Planning Commission Resolutions No. 6820 and 6822 APPROVING Coastal Development Permit (CDP 10-17) and Special Use Permit (SUP 10-02), based on the findings and subject to the conditions contained therein. II. BACKGROUND On February 2, 2011, the Planning Commission recommended approval of the Agua Hedionda Sewer Lift Station, Force Main, and Gravity Sewer Replacement project and recommendation of adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MND/MMRP) on a 6-0 vote. The project was heard at the March 8, 2011, City 762. PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT Octobers, 2011 Page 2 : Council and Housing and Redevelopment Commission Joint Special Meeting (Attachment 13). At that meeting, the Planning Director requested a continuance of the project to give staff time to respond in writing to a letter to the City Council from Mr. Ronald W. Rouse, special counsel to NRG Energy, Inc., (included with Attachment 13), dated March 7, 2011. In the letter and during oral comments at the hearing, Mr. Rouse raised a number of concerns regarding the MND/MMRP and adequacy of public notice. At the March 8, 2011 meeting, Council Member Douglas requested staff to return with all correspondence in regard to the Agua Hedionda sewer lift station between City of Carlsbad staff and NRG staff, the matter was then continued for deliberations by the City Council and Housing and Redevelopment Commission to its meeting of Tuesday, April 26, 2011. The public hearing was left open to allow new information and testimony to be received between the March 8, 2011 City Council and Housing and Redevelopment Commission meeting and the continued meeting. Staff completed and mailed the response to comment letter to Mr. Ronald W. Rouse (included with Attachment 14) on April 11, 2011. On Tuesday, April 26, 2011, the City Council and Housing and Redevelopment Commission resumed the public hearing to consider staffs response to previous testimony, and to receive and consider additional testimony (Attachment 14). All correspondence between City of Carlsbad staff and NRG staff submitted at that meeting is included with Attachment 14. At staffs request the City Council and Housing and Redevelopment Commission remanded the project to the Planning Director to complete further environmental analysis and to re-circulate the revised MND/MMRP if warranted. Since that time staff has completed further environmental analysis and included clarifying information in the following categories: • Air Quality • Greenhouse Gas Emissions • Noise • Mandatory Findings of Significance Additional mitigation measures were added (discussed below) and the MND/MMRP document was re-circulated for a 30-day public review period. III. PROJECT DESCRIPTION The proposed project has not changed since the February 2, 2011 Planning Commission meeting, which involves the installation of a sewer trunk line in a north-south direction, a mostly underground, sensitively designed sewer lift station .(50 mgd capacity), a modern, attractive sewer support bridge (140-foot weathered steel span), pipeline improvements on the Vista/Carlsbad Sewer Interceptor System, specifically segments VC11, VC12, VC13, VC14, and VC15, and associated sewer force main and gravity piping, including a 6-inch potable water line and a 12- inch recycled water line. These sewer segments are part of a regional sewage collection program which receives sewage flow from the cities of Carlsbad and Vista and are PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT October 5, 2011 Page 3 , jointly owned by the City of Vista and the City of Carlsbad, and are maintained by the City of Carlsbad. The Agua Hedionda Sewer Lift Station is maintained and operated by the Encina Wastewater Authority (EWA) by agreement with the cities. The subject sewer improvements extend from the north side of the Agua Hedionda Lagoon to the regional EWPCF. The new line will be located primarily within and along the SDNR railroad right-of-way and Avenida Encinas right of way to the west of the 1-5 freeway. The proposed improvements are necessary as a replacement for, or are in addition to, the existing sewer line and lift station, which are under-sized, outdated and in some areas nearing the end of their useful life. These facilities, which will either be demolished or kept if in good repair and needed to provide additional capacity, do not have sufficient capacity to convey future projected build-out wastewater flows of the urbanized service area. The proposed project is designed of a size adequate to convey the future anticipated build-out demand of the service area. Further information about project description, construction phasing, staging areas, traffic control, grading, and other related details are included with the staff report dated February 2, 2011 (Attachment 12). IV. JURISDICTIONAL AUTHORITY Because of its location and geographic reach, the project will require permits from a number of jurisdictions in addition to the city-issued permits. The following paragraphs summarize the required permits and issuing authority. Planning Commission • Coastal Development Permit (CDP) for the section of the project south of Cannon Road. • Special Use Permit (SUP) for any construction or development within the 100-year floodplain, which in this case involves only the removal of the existing trestle bridge pilings which presently are within the lagoon channel (the new bridge support abutments will be constructed on the lagoon bank and a minimum of 10-feet above the 100-year flood zone). Housing and Redevelopment Commission (upon Planning Commission recommendation) • Redevelopment Permit (RP) for all structures proposed within the South Carlsbad Coastal Redevelopment Plan (SCCRP). Proposed improvements within the EPS property to slightly south of Cannon Road are within the SCCRP. City Council (upon Planning Commission recommendation) • Habitat Management Plan Permit (HMP) for the impacts to native habitat necessitated by the construction of the pipe support bridge abutments. • Hillside Development Permit (HDP) for the lift station structure because the proposed site contains a slope of 15% or greater and also has an elevation differential of more than 15-feet. • Precise Development Plan (PDF) Amendment and a Specific Plan (SP) Amendment for all structures proposed within the EPS property. • SP 144 Amendment for all structures proposed within the SP boundary. PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT Octobers, 2011 Page 4 California Coastal Commission • Coastal Development Permit for all proposed work north of Cannon Road to the northern end of the project, including the SLS. This area is within the Agua Hedionda segment of the City's Local Coastal Program, where the California Coastal Commission has retained permitting authority. Resource Agencies • U.S. Army Corps of Engineers (Section 10 of the River and Harbors Act - 404 Permit). • Regional Water Quality Control Board (Section 401 of the Clean Water Act - 401 Certificate). • California Department of Fish and Game (Section 1600 - Streambed Alteration Agreement) for the removal of the existing trestle bridge(s) and construction of the new bridge over the Agua Hedionda Lagoon channel. The recommendation for approval for this project was developed by analyzing the project's consistency with the applicable City regulations and policies. V. ANALYSIS A. Carlsbad General Plan; B. Title 21 (Zoning) and Precise Development Plan (POP 00-02); C. Encina Specific Plan (Specific Plan 144); D. South Carlsbad Coastal Redevelopment Plan; E. Coastal Development regulations for the Coastal Resource Protection Overlay Zone, Mello II Segment and the Agua Hedionda Lagoon Land Use Plan segment (Chapters 21.201 and 21.203 of the Carlsbad Municipal Code and the Agua Hedionda Land Use Plan); F. Hillside Development Ordinance (Chapter 21.95 of the Carlsbad Municipal Code); G. Special Use Permit (Floodplain Management) regulations (Chapter 21.110 of the Carlsbad Municipal Code); H. Habitat Management Plan; and I. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code), The project's compliance with each of the above regulations is discussed in detail in the Planning Commission staff report, dated February 2, 2011 (Attachment 12), and is found to be consistent with the applicable rules and regulations. VI. ENVIRONMENTAL REVIEW A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MND/MMRP) were prepared and first sent to the State Clearinghouse (SCH #2010081053) for a 30-day public review period on August 15, 2010. Since then, staff completed additional analysis of the MND/MMRP. As a result, the following is a summary of the environmental mitigation measures that were added or amended from the previously circulated EIA Part 2 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT October 5, 2011 PageS document and incorporated into the Conditions of Approval in order to reduce identified environmental impacts to a level of insignificance. New mitigation measures: • Air Quality (AQ-2) - Process for minimizing construction related emissions due to dust. • Air Quality (AQ-3) - Cooperate with the YMCA during grading, construction and pipe laying operations adjacent to their facility. • Hazards/Hazardous Materials (HAZ- 5) — Maintain a 12-foot wide, unobstructed emergency, construction and operations access. Amended mitigation measures: • Cultural Resources (CUL-1) - Process when encountering archaeological resources. • Hazards/Hazardous Materials (HAZ- 4) - Procedure for air monitoring during excavation or trenching. According to CEQA Section 15073.5(b)(l), if "a new, avoidable significant effect is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificance," then the document must be re-circulated. Therefore, the Planning Director issued a Notice of Intent to adopt a Mitigated Negative Declaration for the project on July 23, 2011 and sent it to the newspapers, County of San Diego, and the State Clearinghouse for a 30- day public review and comment period (July 23, 2011 — August 22, 2011). Furthermore, the environmental document was e-mailed and sent by regular mail to Jennifer Chavez, special counsel with Luce Forward, and George Piantka and Jennifer A. Hein with NRG Energy, Inc. Three comment letters were received and are included, along with staffs responses, as part of Planning Commission Resolution No. 6816 recommending adoption of MND/MMRP. The Planning Director rescheduled the application for the Planning Commission for a new hearing for a recommendation to the City Council and Housing and Redevelopment Commission. ATTACHMENTS; 1. Planning Commission Resolution No. 6816 (MND) 2. Planning Commission Resolution No. 6817 (PDF) 3. Planning Commission Resolution No, 6818 (SP) 4. Planning Commission Resolution No. 6819 (RP) 5. Planning Commission Resolution No. 6820 (CDP) 6. Planning Commission Resolution No. 6821 (HDP) 7. Planning Commission Resolution No. 6822 (SUP) 8. Planning Commission Resolution No. 6823 (HMP) 766 PDF 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT Octobers, 2011 Page 6 9. Location Map 10. Background Data Sheet 11. Local Facilities Impact Assessment Form 12. Planning Commission Staff Report and Minutes, dated February 2,2011 13. City Council and Housing and Redevelopment Commission Agenda Bill #20,478 and Minutes, dated March 8, 2011 14. City Council and Housing and Redevelopment Commission Agenda Bill # 20,532 and Minutes, dated April 26,2011 15. 8.5" x 11" Reduced Exhibits 16. 11" x 17" Reduced Exhibits "A" - "Y" dated October 5,2011 Planning Commission Minutes October 5, 2011 Page 4 Commissioner Arnold asked if there are any drawings showing the miry; Jacinto stated no. Chairperson L'Heup^ux asked if there were any questions of/fhe applicant, there were any members of the audience who wished to sjzeak on the item. L'Heureux ope/led and closed public testimony on the itep MOTION ACTION: Chairperso next item 6. subdivision improvements. Mr. Seeing none, he asked if Seeing none, Chairperson NOES: ABSENT: ABSTAI 'Heureux closed the public hearing on Agendaltem 5 and asked Mr. Neu to introduce the Motion by Commissiongf Schumacher, and duly seconded, that the .Planning Commission adopt Planning Commission Resolution No. 681-0 approving Variance V 11-03 based upopnhe findings and subject to the conditions contairjjaa therein. 7-0 Chairperson/£'Heureux, Commissioner Arnold, CommissionexBlack, Commissioner Nygaard,/Commissioner Scully, Commissioner Schumacher, and Commissioner PDF 00-02(C)/SP 144(U/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 - AGUA HEDIONDA SEWER LIFT STATION. FORCE MAIN AND GRAVITY SEWER REPLACEMENT - Request for: 1) a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) a recommendation of approval for a Precise Development Plan Amendment, Specific Plan Amendment, Redevelopment Permit, Hillside Development Permit, and Habitat Management Plan Permit; and 3) approval of a Coastal Development Permit and Special Use Permit (Floodplain). The proposed project is located within Local Facilities Management Zones 1, 3, and 22. The requested actions are for: 1) an amendment to the Precise Development Plan for the Encina Power Station (EPS) and the proposed 50 million gallon per day (mgd) capacity Agua Hedionda Sewer Lift Station and associated improvements (SLS) proposed at the EPS; 2) an amendment to the Encina Specific Plan to incorporate the proposed SLS; 3) a Redevelopment Permit for the SLS and associated piping within the boundaries of the South Carlsbad Coastal Redevelopment Area; and 4) a Coastal Development Permit, Hillside Development Permit, Special Use Permit (Floodplain), and Habitat Management Plan Permit. Mr. Neu introduced Agenda Item 6 and stated Associate Planner Pam Drew would make the Staff presentation assisted by Senior Civil Engineer Terry Smith. Chairperson L'Heureux opened the public hearing on Agenda Item 6. Ms. Drew gave a detailed presentation and stated she would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Seeing none, Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Ivan Mendelson, Laguna Niguel, general manager of Toyota Carlsbad, stated he is concerned regarding the closure of Avenida Encinas. George Piantka, Fleet Street, Carlsbad, Environmental Business Director for NRG, speaking on behalf of Cabrillo Power, LLC, expressed five concerns: the city has not provided an adequate design for a heavy Planning Commission Minutes October 5,2011 Page 5 haul route; the Precise Development Plan (POP) and Specific Plan (SP) do not contemplate a recycled water line; the proposed replacement bridge creates security concerns for the power plant; the proposed replacement of 12 eucalyptus trees; and finally, construction of the lift station project should ensure that BMPs are employed. Chairperson L'Heureux asked if there were any other members of the audience who wished to speak on the item. Seeing none, Chairperson L'Heureux closed public testimony on the item. Chairperson L'Heureux asked if there were any questions of Staff. Commissioner Arnold asked for clarification regarding the access road. Ms. Drew stated the City has meet with NRG representatives, including Mr. Piantka, about his concerns with maintaining security when the pipe support bridge is constructed. Ms. Drew stated the landscape plans show an 8 foot high security fence and gate on the south side of the bridge, and only the lift station maintenance personnel will have access through the locked gate. Primary access to the sewer lift station will continue to go through the guard shack on Carlsbad Boulevard, and the pipe support bridge would be accessed mainly on an emergency basis. Commissioner Black asked about future plans for the coastal rail trail and the gate. Ms. Drew stated the bridge could accommodate the coastal rail trail sometime in the future; however, the ultimate design of the coastal rail trail through this area has not even been contemplated. Commissioner Siekmann asked for clarification regarding the comments raised by Mr. Piantka. Ms. Drew stated the PDP and SP both state water lines will be used but the documents do not clarify the type of water lines. In regards to the 12 trees, those are being mitigated. Mr. Smith stated that in regards to the BMPs for the project, the City has complied with all current stormwater standards for BMPs. The city will continue to work with NRG regarding any safety and security issues. Commissioner Schumacher asked about the construction schedule and the closure of Avenida Encinas. Mr. Smith stated the city will coordinate construction activities with NRG and SDG&E so as to lessen any impacts. In regards to the area south of Palomar Airport Road, Mr. Smith stated the construction will be done using microtunneling. The 12-inch recycled water line will be the only potential area for traffic issues. Mr. Smith further stated that the City will meet with the business owners prior to construction. Chairperson L'Heureux asked about the timing for the recycled water line trenching. Mr. Smith stated that portion of the project could last 3 to 4 weeks. DISCUSSION Commissioner Nygaard thanked Staff for their hard work and careful examination of all the issues regarding this project. She stated there is an absolute need for this project and stated her support. Commissioner Siekmann stated her concurrence with Commissioner Nygaard. She also stated her support of the project. Commissioner Arnold stated his agreement with his fellow Commissioners and also stated his support of the project. Commissioner Black also thanked Staff for their hard work and stated he can support the project. Commissioner Scully agreed with her fellow Commissioners and stated she can support the project. Commissioner Schumacher commented that he is satisfied that the concerns have been addressed and stated he can support the project. Chairperson L'Heureux stated his concurrence with his fellow Commissioners and stated he too can support the project. Planning Commission Minutes October 5, 2011 Page 6 MOTION ACTION: VOTE: AYES: NOES: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission 1) adopt Planning Commission Resolution No. 6816 recommending adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; 2) adopt Planning Commission Resolutions No. 6817, 6818, 6819, 6821 and 6823 recommending approval of Precise Development Plan Amendment (PDP 00-02(C)), Specific Plan Amendment (SP 144(L)), Redevelopment Permit (RP 10-26), Hillside Development Permit (HDP 10-05), and Habitat Management Plan Permit (HMP 10-03); and 3) ADOPT Planning Commission Resolutions No. 6820 and 6822 APPROVING Coastal Development Permit (CDP 10-17) and Special Use Permit (SUP 10-02), based on the findings and subject to the conditions contained therein. 7-0 Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully, Commissioner Schumacher, and Commissioner Siekmann None ABSENT: None ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 6 and asked Mr. Neu to introduce the next item. 7. SELECTION OF A /PLANNING COMMISSIONER TO SERVE ON THE AGRICULTURAL CONVERSION MITIGATION FEE CITIZEN'S AD HOC ADVISORY COMMITTEE Mr. Neu introduced Agenda lten/7 and asked if there is a Commissioner who wouj«f like to volunteer to serve on the Agricultural Conversion Mitigation Fee Citizen's Ad Hoc Advisory Cotflfnittee. Commissioner Schumacher volunteered. Chairperson L'Heureux thanked Staff for their presentations. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS None. CITY ATTORNEY COMMENTS Ms. Mobaldi handed out a Superior Court minute orde'r ruling regarding Friends of Aviara y/. City of Carlsbad ruling on the petitioner's request for attorney^ fees and costs. She also handed outvording for a cnaintenance condition included in a recently approved project. ADJOURNMENT By proper motion, the Regular Meeting of the/planning Commission of October 5, 201/, was adjourned at 7:30 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk 1 PLANNING COMMISSION RESOLUTION NO. 6816 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND A MITIGATION MONITORING .AND REPORTING PROGRAM TO CONSTRUCT A REPLACEMENT SEWER LIFT STATION, SEWER SUPPORT BRIDGE, FORCE & 6 GRAVITY MAIN, AND ASSOCIATED PIPELINES SOUTH OF CHINQUAPIN AVENUE TO THE ENCINA WATER 7 POLLUTION CONTROL FACILITY. THE PROJECT WOULD BE LOCATED WITHIN EASEMENTS ON PUBLIC AND 8 PRIVATE PROPERTY AND WITHIN THE RIGHT-OF-WAY o OF AVENIDA ENCINAS IN LOCAL FACILITIES MANAGEMENT ZONES 1, 3 AND 22. 10 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER 11 REPLACEMENT CASE NO.: POP 00-02(C)/SP 144(L)/RP 10-26/CDP 10- 12 17/HDP 10-05/SUP 10-02/HMP 10-03 13 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified 14 application with the City of Carlsbad regarding property described as 16 Approximately 500-feet south of Chinquapin Avenue, immediately east of the Burlington Northern Santa Fe (BNSF) 17 railroad tracks, within the railroad right-of-way, south across Agua Hedionda Lagoon to the Encina Power Station 18 (identified as Assessor's Parcel Numbers 206-092-12, 206-092- 10 and 210-010-09). Associated underground piping and the pipe support bridge are proposed in this area; and 20 A portion of the Encina Power Station, located north of 21 Cannon Road and west of Interstate 5 at 4600 Carlsbad Boulevard (identified as Assessor's Parcel Number 210-010- 22 41). The sewer lift station and associated piping are proposed on the grounds of the Encina Power Station; and ^*-J 24 A portion of SDG&E's property, located north of Cannon Road and south and east of the Encina Power Station 25 (identified as Assessor's Parcel Number 210-010-42). Associated underground piping is proposed in this area; and 26 27 Avenida Encinas, from just north of Cannon Road (identified as Assessor's Parcel Number 210-011-05) and south to the 28 Encinas Wastewater Pollution Control Facility (south of Palomar Airport Road). Associated underground piping is proposed in this area 1 ("the Property"); and 2 WHEREAS, in accordance with the California Environmental Quality Act 3 (CEQA) a Mitigated Negative Declaration and Mitigation Monitoring and Reporting4 , Program (MND/MMRP) was prepared in conjunction with said project; and 6 WHEREAS, the MND/MMRP document was first sent to the State 7 Clearinghouse (SCH #2010081053) for a 30-day public review period on August 15, 2010; 8 and 9 WHEREAS, as part of the public review of the MND/MMRP, the City 10 received one comment letter, a copy of which is attached along with staffs response; and WHEREAS, the project was modified slightly after the initial public 13 comment period to increase the proposed 4-inch potable water line to 6-inch per the City of 14 Carlsbad Fire Department's requirements to have enough water pressure available t 1 ^ operate a proposed fire hydrant on the Encinas Power Station site; and WHEREAS, the minor project change did not require recirculation of the 17 MND/MMRP in accordance with CEQA Section 15073.5(c)(2), since the increase in the 18 potable water line size is necessary only to accommodate a fire hydrant at the project site, 20 and does not constitute a significant project modification nor create a new avoidable 21 significant effect; and 22 WHEREAS, a finding stating the minor change to the project description 23 does not require re-circulation is included as part of this Resolution; and 24 WHEREAS, at their meeting on February 2, 2011, the Planning Commission 25 conducted a public hearing and recommended approval of the project and 26 2i recommendation of adoption of the MND/MMRP; and 28 PCRESONO. 6816 _2- 1 WHEREAS, at their Joint Special Meeting on March 8, 2011, the City 2 Council and Housing and Redevelopment Commission conducted a public hearing and 3 received testimony on said project; and4 <- WHEREAS, at the request of the Planning Director, the City Council and 5 Housing and Redevelopment Commission continued the public hearing to a date certain, in 7 order for staff to fully respond to written and oral testimony received concerning the o project and the environmental analysis; and 9 WHEREAS, the City Council and Housing and Redevelopment Commission 10 resumed the public hearing on said project at their April 26, 2011 Joint Special Meeting to consider staffs response to previous testimony, and to receive and consider additional 13 testimony; and 14 WHEREAS, the City Council and Housing and Redevelopment Commission *-> remanded the project to the Planning Director to conduct further analysis of the MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to 17 schedule the application and revised MND/MMRP for a new hearing by the Planning Commission for a recommendation to the City Council and Housing and Redevelopment 20 Commission; and 21 WHEREAS, staff completed additional analysis of the MND/MMRP, and as 22 a result, new or amended mitigation measures have been incorporated into the Conditions of Approval in order to reduce identified environmental impacts to a level of insignificance; 24 and 25 WHEREAS, in accordance with CEQA Section 15073.5, the MND/MMRP26 27 was re-circulated for a 30-day public review period on July 23,2011; and 28 WHEREAS, the city received three comment letter; copies of which are attached along with staffs responses; and PCRESONO. 6816 -3- 1 WHEREAS, the Planning Commission did on October 5, 2011, hold a du! 2 noticed public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 <. and arguments, examining the initial study, analyzing the information submitted by staff, and 5 considering any written comments received, the Planning Commission considered all factors 7 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Q Program. 9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 10 Commission as follows: 11 A) That the foregoing recitations are true and correct. 13 B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative 14 Declaration and Mitigation Monitoring and Reporting Program, Exhib: "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental 15 Impact Assessment Form - Initial Study (EIA)," attached hereto and made a part , fi hereof, based on the following findings and subject to following condition: 17 Findings: 18 l. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and 20 Mitigation Monitoring and Reporting Program for AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT 21 PROJECT - PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10- 02 and HMP 10-03 and the environmental impacts therein identified for this project 22 and any comments thereon prior to RECOMMENDING APPROVAL of the 23 project; and 24 b. the MND/MMRP was first sent to the State Clearinghouse (SCH #2010081053) for a 30-day public review period on August 15,2010; and 25 | c. the project was modified slightly after the first public comment period to 2" increase the proposed 4-inch potable water line to 6-inch per the City of 27 Carlsbad Fire Department's requirements to have enough water pressurr available to operate a proposed fire hydrant on the EPS site. The increase in tht 28 potable water line will allow for an additional 1,000 gallons per minute (GPM) of water flow to be delivered to the site in the event of a fire. The minor increase in pipe size and water flow does not require recirculation of the Mitigated Negative PCRESONO. 6816 -4- —«- Declaration in accordance with CEQA Section 15073.5(c)(2), since the increase 2 in the potable water line and water flow is only to accommodate a fire hydrant, and therefore does not constitute a significant project modification nor create a 3 new avoidable significant effect; and after the initial public review, and public hearings, the project was remanded . back to staff to complete additional analysis of the MND/MMRP, and as a result, new or amended mitigation measures have been incorporated into the 5 Conditions of Approval in order to reduce identified environmental impacts to a level of insignificance; and 7 e. the revised Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad and was re-circulated for a 30-day public review period on July 23, 2011; and 10 f. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program reflects the independent judgment of the Planning Commission of the City of Carlsbad; and g. based on the El A and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 14 Condition:15 , , 1. The Developer shall implement the mitigation measures described in the Mitigation Monitoring and Reporting Program for the AGUA HEDIONDA SEWER LIFT 17 STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT project. 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6816 -5- ./'o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Scully, Schumacher and Siekmann STEPHEN N3AP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6816 -6- 1 PLANNING COMMISSION RESOLUTION NO. 6817 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDED PRECISE DEVELOPMENT 4 PLAN 00-02 WITH AMENDMENT 00-02(C) TO 5 INCORPORATE THE PROPOSED SEWER LIFT STATION AND ASSOCIATED PIPING (SLS) AT THE EXISTING 95- 6 ACRE ENCINA POWER STATION (EPS), LOCATED AT 4600 CARLSBAD BOULEVARD IN LOCAL FACILITIES 7 MANAGEMENT ZONES 1 AND 3 AND GENERALLY LOCATED NORTH OF CANNON ROAD, SOUTH OF AGUA 8 HEDIONDA LAGOON, EAST OF THE PACIFIC OCEAN, AND 9 WEST OF INTERSTATE 5. THE PRECISE DEVELOPMENT PLAN SERVES AS (1) A LAND USE APPLICATION FOR THE 10 SLS AND (2) A DOCUMENT TO ESTABLISH EXISTING LAND USES AT THE EPS AND DEVELOPMENT AND LAND 11 USE STANDARDS FOR THE EPS. 1? CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER 13 REPLACEMENT CASE NO.: POP QO-02(C) 14 WHEREAS, City of Carlsbad, "Developer/Owner," has filed a verified 1 g application with the City of Carlsbad regarding property described as 17 A portion of property identified by Assessor's Parcel Number 210-010-41 18 19 ("the Property"); and 20 WHEREAS, the Precise Development Plan serves as a land use application for the 21 SLS and associated piping, which is proposed at the EPS; and 22 •WHEREAS, the purpose of the Precise Development Plan is to also document 23 existing land uses at the EPS, a facility that began operation in 1954, and provides land use and 24 development standards for existing and potential future uses at the EPS as well as the proposed 26 SLS; and 27 WHEREAS, said application constitutes a request for an amended Precise 28 Development Plan as amended by PDF 00-02(C) and as set forth and attached in the draft City Council Ordinance, "Exhibit 1- PDF 00-02(C)" dated October 5, 2011, Agua Hedionda 1 Sewer Lift Station, Force Main and Gravity Sewer Replacement - PDF 00-02(C) and i 2 provided by Chapters 21.36 and 21.52 of the Carlsbad Municipal Code; and 3 ! WHEREAS, PDF 00-02(C) makes only minor changes to text and graphics of the4 r Precise Development Plan document, and the text changes are shown in strikethrough to indicate 6 words to be deleted and in underline to indicate words to be added; and 7 WHEREAS, the Agua Hedionda Sewer Lift Station, Force Main and Gravity o Sewer Replacement project does not involve any modification to existing EPS facilities with the 9 exception of demolishing an existing sewer lift station and concrete overflow basin; and 10 WHEREAS, at their meeting on February 2, 2011, the Planning Commission 12 conducted a public hearing and recommended approval of the project and 13 recommendation of adoption of the MND/MMRP; and 14 WHEREAS, at their Joint Special Meeting on March 8, 2011, the Cit> Council and Housing and Redevelopment Commission conducted a public hearing and 16 received testimony on said project; and 17 WHEREAS, at the request of the Planning Director, the City Council and18 i Q Housing and Redevelopment Commission continued the public hearing to a date certain, in 20 order for staff to fully respond to written and oral testimony received concerning the 21 project and the environmental analysis; and 22 WHEREAS, the City Council and Housing and Redevelopment Commission 23 resumed the public hearing on said project at their April 26,2011 Joint Special Meeting to 24 consider staffs response to previous testimony, and to receive and consider additional Z**J 2ft testimony; and 27 WHEREAS, the City Council and Housing and Redevelopment Commission 2° remanded the project to the Planning Director to conduct further analysis of the PCRESONO. 6817 -2- MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to 2 schedule the application and revised MND/MMRP for a new hearing by the Planning 3 Commission for a recommendation to the City Council and Housing and Redevelopment 4 - Commission; and 6 WHEREAS, the Planning Commission did on October 5, 2011, hold a duly 7 noticed public hearing as prescribed by law to consider said request; and o [ WHEREAS, at said public hearing, upon hearing and considering all testimony 9 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 10 relating to the Precise Development Plan. 12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 13 Commission of the City of Carlsbad as follows: 14 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 16 RECOMMENDS APPROVAL of the AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT - 17 PDF 00-02(C), based on the following findings and subject to the following conditions:18 in Findings; 20 1. The Precise Development Plan PDP 00-02(C) is consistent with the intent and purpose of the Public Utilities (P-U) Zone, Section 21.36.010 (1) of the Carlsbad Municipal Code, 21 to provide a Precise Development Plan that is compatible with the General Plan and „ surrounding developments, in that (1) existing and permitted land uses of the proposed Precise Development Plan are consistent with and/or implement the 23 objectives of the Public Utilities (U) General Plan designation; (2) the Precise Development Plan, through development standards and review procedures, is 24 compatible with surrounding developments; (3) the Precise Development Plan planning area is adequately buffered from surrounding, more sensitive uses (e.g., residences and businesses) by open space, other utility uses, and transportation 25 corridors and through development standards, including setbacks, of the proposed Precise Development Plan. Furthermore, the proposed pipe support bridge will be 27 constructed to allow for the future Coastal Rail Trail, a separate, future project in this area, which will enhance the public's use of open space areas and facilitate 28 public access in the Agua Hedionda Lagoon area. PCRESONO. 6817 -3- 2. The Precise Development Plan PDF 00-02(C) is consistent with the intent and purpo: 2 of the Public Utilities (P-U) Zone, 21.36.010 (2) of the Carlsbad Municipal Code to provide a Precise Development Plan that has given due regard to environmental factors, 3 in that the proposal has been reviewed concurrently with the processing of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program in compliance with the provisions of the California Environmental Quality Act c (CEQA). Furthermore, the existing sewer lift station, which was constructed in 1964, is under-sized, outdated and in some areas nearing the end of its useful life, 6 and could endanger the lagoon and nearby sensitive habitat if a sewer leak or pump failures should occur. 7 3. Precise Development Plan PDF 00-02(C) is consistent with the intent and purpose of the Public Utilities (P-U) Zone, 21.36.010 (3) of the Carlsbad Municipal Code to provide 9 a Precise Development Plan that provides for necessary public improvements, in that the proposed project does not include residential, commercial or industrial land uses, 10 and does not include any components that would result in an increase in population or any public facility or infrastructure demand. Project operations will not result in any increased traffic and will thus not result in any substantial deterioration of the 12 public roadway system, nor generate a need for other governmental services, such as libraries or emergency services. The existing sewer facilities do not have sufficient 13 capacity to convey future projected build-out wastewater flows of the urbanized service area. The proposed project is designed of a size adequate to convey thr 14 future anticipated build-out demand of the service area. Furthermore, as part of thv approval of PDF 00-02 (B) and RP 05-12(A) for the EPS and Carlsbad Seawater Desalination Plant (CSDP), appropriate public improvement conditions were 16 imposed along and within the PDF and SP 144. As noted above the SLS has negligible if any Growth Management impacts and does not warrant improvements 17 to public facilities. 18 4. The Precise Development Plan PDF 00-02(C) permits the SLS that is identified as a permitted use in the P-U Zone by Municipal Code Section 21.36.020 (4)(c) and that incorporates design, location, and operation characteristics that ensure compliance 20 with the intent and purpose of the P-U Zone. Furthermore, PDF 00-02(C) sets forth the standards of development for the SLS. 21 5. The Precise Development Plan PDF 00-02(C) is consistent with the General Plan in 22 that: 23 a. It provides regulations and standards for uses that are appropriate uses for the 24 General Plan Public Utilities ("U") land use designation, the designation applied to the EPS. b. The General Plan Land Use Element notes that the U land use designation is applied to existing areas, such as the EPS, that are being used for public or quasi-public functions. 27 c. The proposed SLS is needed to ensure adequate provision of sewer service into the future and will protect the quality of the lagoon and sensitive habitat in the area by locating the SLS further to the east, installing modern equipment, and replacing the fragile wood trestle that currently encroaches in the lagoon. These PCRESONO. 6817 -4- elements are consistent with Land Use Element Growth Management and Public 2 Facilities Goal A.I, which states, "A City which ensures the timely provision of adequate public facilities and services to preserve the quality of life of residents." 3 d. The proposed SLS will replace an existing sewer lift station that is old and not adequately sized to accommodate planned growth per the existing Carlsbad and Vista General Plans. In addition, the project would result in more efficient and r reliable wastewater transport to the EWPCF. The project is consistent with the Land Use Element Growth Management and Public Facilities Goal A.2, which 6 states, "A City which maintains a system of public facilities adequate for the projected population" and Goal A.3, which states, "A City that responsibly deals 7 with the disposal of solid and liquid waste." . The proposed SLS will be constructed within the existing hillside away from the lagoon and will not be visible from the south and east, nor will it block lagoon or 9 ocean views. In addition, to its sensitive site design, both the SLS and the proposed pipe support bridge use colors and materials that blend with their 10 surroundings. Furthermore, the proposed pipe support bridge will be constructed to allow for the future Coastal Rail Trail. These elements are consistent with Land Use Element Environmental Implementing Policies and Action Programs C-5, which states, "Limit future development adjacent to the lagoons and beach in such a manner so as to provide to the greatest extent 13 feasible the physical and visual accessibility to these resources for public use and enjoyment." 14 f. General Plan Circulation Element Scenic Roadway Policy C.I requires implementation of the Carlsbad Scenic Corridor Guidelines. This 1998 document addresses the appearance of development along the railroad corridor and states buildings adjacent to the railroad shall be "architecturally articulated" and present a "pleasant fasade." The SLS as well as the pipe 17 support bridge achieve this desired goal through site and structure design and colors and materials. The SLS, for example, will be constructed mostly below the surrounding finish grade level to preserve the natural contours of its hillside setting. Further, the different structures of the SLS have flat roofs and vary in shape and height to provide articulation. Finally, as with the proposed pipe 20 support bridge, exterior materials and colors appropriately blend with their surroundings. 21 6. The Precise Development Plan PDP 00-02(C) is consistent with Encina Specific Plan 144 in that: 23 a. It complies with and enhances applicable Specific Plan standards and requirements adopted over the years to regulate development at the EPS. 24 b. It documents and maps existing power plant uses and features, and, since it proposes no changes to the operation of the existing EPS, the Precise Development Plan does not conflict with Specific Plan standards and requirements regarding power station operations. The proposed amended Encina Specific Plan, SP 144(L), incorporates the land 27 use designations of the City of Carlsbad General Plan, with which the Precise Development Plan is consistent. Additionally, SP 144(L) would incorporate by 28 reference PDP 00-02(C). PCRESONO. 6817 -5- 7. The Precise Development Plan PDP 00-02(C) is consistent with the goals of the Sou\ 2 Carlsbad Coastal Redevelopment Plan in that: 3 a. Establishment of the Precise Development Plan and its development and environmental standards assists in eliminating blight and environmental 4 deficiencies in the Redevelopment Plan area and ensuring quality site design. r The proposed project will allow for the dismantling and elimination of the existing lift station structure, over flow basin, and trestle-style wood bridge(s), 6 including the removal of the pilings that are located in the lagoon channel, which would be considered a beneficial impact to the lagoon and visual character of the 7 site. b. Locating the SLS as proposed, on the northern edge of the EPS and between the railroad and freeway, minimizes constraints on any future use of the EPS. 9 Furthermore, the proposed project will be constructed primarily underground and will not be visible as viewed from the east and south by motorists, 10 passengers and pedestrians in the area. c. The proposed pipe support bridge will be constructed to allow for the future *1 Coastal Rail Trail, a separate, future project in this area, which will enhance , 2 recreational activities where none exist through this area. d. The project also includes the installation of a 12-inch recycled water line, which 13 will run the length of the project. The recycled water line will improve the reliability and water quality of the City's recycled water system and will provid' 14 adjacent commercial, industrial and office sites a reliable water supply fo* landscaping as an alternative to using potable water that is in short supply. e. The existing sewer lift station and pipelines, which were constructed in 1964 and 15 rehabilitated in 1989, are under-sized, outdated, and in some areas nearing the end of their useful life. These facilities also do not have sufficient capacity to 17 convey future projected buildout wastewater flows of the urbanized service areas of the cities of Carlsbad and Vista. The proposed project is designed of a * ° size adequate to convey the future anticipated buildout demand for the two cities , Q and features modern components to improve reliability and functionality. 20 8. The Precise Development Plan PDP 00-02(C) is in conformance with the Coastal Act, Agua Hedionda Land Use Plan, Mello II segment, and Coastal Resource Protection 21 Overlay Zone in that it has been reviewed for consistency with relevant coastal policies including land use, habitat protection, grading and drainage, stormwater management, recreation, shoreline access, and visual resources. In particular, the 23 Precise Development Plan achieves consistency with Land Use Plan policies as follows: 24 a. The Precise Development Plan regulates uses that are consistent with those land uses shown on the Plan's Land Use Map (Policy 1.1). 25 b. The Precise Development Plan is subject to, and incorporates as a regulating document, the Mitigation Monitoring and Reporting Program (MMRP) for th 27 project's Mitigated Negative Declaration (MND), which provides mitigation to ensure consistency with Land Use Plan policies regarding environmentally 28 sensitive habitats, geology, water quality, and other environmental resources. PCRESONO. 6817 -6- The project avoids impacts to marine resources as the proposed bridge structure 2 will completely span the entire channel width. Furthermore, the existing trestle bridge structure which supports the existing 42-inch sewer pipe will be removed 3 and the eight (8) narrow bridge support pilings which presently sequence across and into the bottom of the Agua Hedionda Lagoon channel will also be removed. In addition, the existing trestle bridge structure which supports the 12-inch high r pressure gas line may be relocated to the proposed pipe support bridge, allowing the trestle bridge, including the four (4) bridge support pilings, to be removed. 6 d. The project will avoid onsite erosion as a result of the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the 7 construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Following construction, the project 9 also will feature permanent source control and treatment control features in order to protect any adjacent downstream waters, such as Agua Hedionda 10 Lagoon, from potential pollution. Development permitted by Precise Development Plan POP 00-02(C) is consistent with the development standards, such as building height, of the Agua Hedionda 1- Land Use Plan. f. The proposed bridge structure will be constructed to allow for the future 13 Coastal Rail Trail, a separate, future project which would provide recreational opportunities to pedestrian and bicyclists in furthering Coastal Act policies 14 regarding public access to coastal resources such as Agua Hedionda lagoon. 15 9. The approval of Precise Development Plan PDF 00-02(C) fulfills the requirement of Municipal Code Section 21.36.030, which in part states that "no building permit or other entitlement for any use in the P-U zone shall be issued until a precise 17 development plan has been approved for the property." 10. As conditioned, the project is consistent with the City's Landscape Manual (Carlsbad , Q Municipal Code Section 14.28.020 and Landscape Manual Section IB). 20 11- The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 21 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 23 24 Conditions; 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of _, a Notice to Proceed.26 27 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 28 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all PCRESONO. 6817 -7- future building permits; deny, revoke, or further condition all certificates of occupanc 2 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 3 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Precise Development Plan. 4 <- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Precise Development Plan PDF 00-02(C) documents, as 6 necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. 7 Any proposed development, different from this approval, shall require an amendment to this approval,o 9 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 10 4. This approval is granted subject to the adoption and approval of the Mitigated Negative 1 Declaration and Mitigation Monitoring and Reporting Program, SP 144(L), RP 10-26, 12 CDP 10-17, HDP 10-05, SUP 10-02 and HMP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6816, 6818, 6819, 6820, 6821, 6822 13 and 6823 for those other approvals incorporated herein by reference. *4 5. This approval shall become null and void if the Notice to Proceed is not issued 01 , - commencement of construction does not occur for this project within two (2) years of the final discretionary approval, including the discretionary approvals of the 16 California Coastal Commission or other agencies. 17 6. Prior to approval of the Precise Development Plan, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, which substantially conforms to this approval. A 19 signed copy of the Coastal Development Permit must be submitted to the Planning Director before commencement of construction or issuance of a notice to proceed. If 20 the approval is substantially different, an amendment to the Precise Development Plan shall be required. 7. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration Project Mitigation Monitoring and Reporting Program. 23 8. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 24 the Precise Development Plan reflecting the conditions approved by the final decision- making body. 26 9. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 27 format (including any applicable Coastal Commission approvals and the Mitigation Monitoring and Reporting Program).28 PCRESONO. 6817 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 0. Developer shall comply with all applicable provisions of federal regulations in effect at the time of building permit issuance. PASSED, APPROVED, AND ADOPTED at a regular , state, and local laws and meeting of the planning Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote, to wit: AYES: Chairperson L'Heureux, Commissioners Scully, Schumacher and Siekmann NOES: ABSENT: ABSTAIN: f^\ s^"t\\^^ — P\ \ S i •r^=*^g-jj^XpA"*1^ ^LI^. V ^ N. & J~*~ —**" * STEPHEN (>HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: &U/ b* DON NEU Planning Director PCRESONO. 6817 -9- Arnold, Black, Nygaard, •7*A 1 PLANNING COMMISSION RESOLUTION NO. 6818 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE AMENDED ENCINA SPECIFIC PLAN 4 144 WITH AMENDMENT 144(L) TO INCORPORATE AMENDED PRECISE DEVELOPMENT PLAN 00-02(C) FOR THE SEWER LIFT STATION AND ASSOCIATED PIPING ON 6 PROPERTY LOCATED NORTH OF CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, EAST OF CARLSBAD 7 BOULEVARD AND WEST OF INTERSTATE 5 AND IN LOCAL FACILITIES MANAGEMENT ZONES 1 AND 3. 8 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, o FORCE MAIN, AND GRAVITY SEWER REPLACEMENT 10 CASE NO.: SP 144 (U 11 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified 12 application with the City of Carlsbad regarding property described as 13 South of the south shore of Agua Hedionda Lagoon, 14 immediately east of the Burlington Northern Santa Fe (BNSF) railroad tracks and extending south to Cannon Road through ^ portions of the properties identified by Assessor's Parcel ,, Numbers 210-010-41 and 210-010-42lo 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a Specific Plan amendment, on file in the Carlsbad Planning Division, and as set forth and attached in the draft 20 City Council Ordinance, "Exhibit "X," dated October 5, 2011, AGUA HEDIONDA SEWER 21 LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT - SP 144(L) 22 as provided by SP 144 (L) and Government Code Section 65453; and Z*3 24 WHEREAS, the City Council adopted the Encina Specific Plan 144 (SP 144) 25 on August 3, 1971 by Ordinance 9279 to provide rules and regulations for the orderly 9fi^° development of 680 acres of land located generally east of the Pacific Ocean, south of the 27 north shore of Agua Hedionda Lagoon, and north of Cannon Road; and 28 1 WHEREAS, in 2002, the City Council, in Agenda Bill 16,790, directed that 2 any applicant of a proposed project within the specific plan be required to prepare a 3 comprehensive update of the specific plan; and 4 5 WHEREAS, the Agua Hedionda Sewer Lift Station, Force Main and Gravity 5 Sewer Replacement project is appropriately processed as an amendment to, rather than a 7 comprehensive amendment of, Specific Plan 144(L) because: 1) SP 144(L) makes only minor o text and graphic changes to the Encina Specific Plan document, which are highlighted (grey) and 9 shown in strikethrough to indicate words to be deleted and in underline to indicate words to be 10 added; 2) Specific Plan 144(L) does not change any general plan land use or zoning designations 11 within the boundaries of the specific plan, any condition set forth by a previously approved j 3 specific plan amendment, nor does it propose any development other than that proposed by the 14 Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project 15 and described in the Mitigated Negative Declaration; 3) SP 144(L) complies with all applicable land use documents affecting the SP-144 area, including the General Plan, Zoning Ordinance, 17 Precise Development Plan, South Carlsbad Coastal Redevelopment Area Plan, Agua Hedionda 18 Land Use Plan, and Scenic Corridor Guidelines; 4) the project improves major regional on infrastructure that cannot be feasibly relocated and it will replace existing facilities which have 21 reached the end of their useful life; 5) the project does not represent a significant new land use; it 22 would improve existing like facilities and would be constructed in generally the same locations 23 as those existing facilities in an existing utility corridor bordered on the west side by the railroad; 24 6) the majority of the pipeline portion of the project within SP-144 would be undergrounded; and 25 7) care has been exercised in the design of the project's above-ground structures such as the26 27 proposed lift station that features a low profile and partially buried structure and the proposed 28 pipe support bridge for the sewer line. As a replacement and expansion of existing, like utility uses in generally the same location and largely underground, the project would not represent a PCRESONO. 6818 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 new, significant impediment to addressing the issues identified that would be considered by comprehensive update, including land use and public access; and WHEREAS, SP 144(L) includes, for informational purposes only, changes proposed by SP 144(N), which are per approved Planning Commission Resolution No. 6807 and pending City Council approval, makes only changes to text of the Precise Development Plan document, and are shown in strikethrough to indicate words that are proposed to be deleted and in underline to indicate words proposed to be added with SP 144(N); and WHEREAS, at their meeting on February 2, 2011, the Planning Commission conducted a public hearing and recommended approval of the project and recommendation of adoption of the MND/MMRP; and WHEREAS, at their Joint Special Meeting on March 8, 2011, the City Council and Housing and Redevelopment Commission conducted a public hearing an. received testimony on said project; and WHEREAS, at the request of the Planning Director, the City Council and Housing and Redevelopment Commission continued the public hearing to a date certain, in order for staff to fully respond to written and oral testimony received concerning the project and the environmental analysis; and WHEREAS, the City Council and Housing and Redevelopment Commission resumed the public hearing on said project at their April 26, 2011 Joint Special Meeting to consider staffs response to previous testimony, and to receive and consider additional testimony; and WHEREAS, the City Council and Housing and Redevelopment Commission remanded the project to the Planning Director to conduct further analysis of th MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to schedule the application and revised MND/MMRP for a new hearing by the Planning PCRESONO. 6818 -3- (JQI Commission for a recommendation to the City Council and Housing and Redevelopment 2 Commission; and 3 WHEREAS, the Planning Commission did, on October 5, 2011, hold a duly 4 noticed public hearing as prescribed by law to consider said request; and 5 WHEREAS, at said public hearing, upon hearing and considering all testimony 7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors o relating to the Specific Plan amendment. 9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 10 Commission of the City of Carlsbad as follows: 11 A) That the foregoing recitations are true and correct. 13 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of the Specific Plan Amendment, SP 144(L), for 14 the AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT PROJECT based on the following 15 findings and subject to the following conditions: Findings: 17 1. The proposed development as described by the Specific Plan SP-144(L) is consistent 18 with the provisions of the General Plan in that the development proposed for the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project, as described in the Mitigated Negative Declaration, is consistent with the 2Q applicable General Plan land use designations and policies. The proposed development consists of a sewer lift station, pipe support bridge and pipelines 21 (sewer, recycled water, and potable water), which complies with General Plan land use designations and goals to ensure adequate public facilities and economic growth 22 to sustain Carlsbad's quality of life. Further, the Encina Specific Plan 144 provides all specific plan standards in a single, comprehensive document, which helps facilitate the General Plan goal to ensure the timely provision of adequate public 24 facilities and services to preserve the quality of life of residents. 25 2. SP 144(L) would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that it: 1) does not propose any changes to existing general plan 2" land use or zoning designations; 2) does not alter any condition set forth by a 27 previously approved specific plan amendment to regulate the Encina Power Station; 3) authorizes only development proposed by the Agua Hedionda Sewer Lift Station, 28 Force Main and Gravity Sewer Replacement project, for which a Mitigated Negative Declaration (MND) has been prepared, and 4) provides a single, comprehensive document that contains all pertaining rules and regulations set forth PCRESONO. 6818 -4- , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. by previously approved specific plan amendments and the contents required t Government Code Section 65453. The proposed specific plan amendment is consistent with the Local Coastal Program in that it does not change any land use designations of the Agua Hedionda Land Use Plan, authorizes development (the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project) consistent with the Land Use Plan, and provides the pipe support bridge over the Agua Hedionda Lagoon that is being designed to accommodate the Coastal Rail Trail, a separate, future project in this area, which will allow pedestrians and bicyclists recreational opportunities that further Coastal Act policies regarding public access and use of area features, such as Agua Hedionda Lagoon. Specific Plan 144(L) provides assurances that all necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property in that the proposed project does not include residential, commercial or industrial land uses, and does not include any components that would result in an increase in population or any public facility or infrastructure demand. Furthermore, project operations will not result in any increased traffic and will thus not result in any substantial deterioration of the public roadway system, nor generate a need for other governmental services, such as libraries or emergency services. Replacement of the existing sewer lift station and force main is designed of a size adequate if convey the future anticipated build-out demand of the service area. Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project. Specific Plan 144(L) will contribute to the balance of land use so that local residents may work and shop in the community in which they live in that it incorporates the land use designations of the General Plan. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. General If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on tb/ property title; institute and prosecute litigation to compel their compliance with saiu conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Specific Plan Amendment. PCRESONO. 6818 -5- 2. Staff is authorized and directed to make, or require Developer to make, all corrections 2 and modifications to the Specific Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur 3 substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4 - 3. Prior to approval of the Specific Plan Amendment, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal 5 Commission or its successor in interest, which substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning 7 Director. If the approval is substantially different, an amendment to the Specific Plan 144 shall be required.8 4 This approval is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, PDF 00-02(C), RP 10- 10 26, CDP 10-17, HDP 10-05, SUP 10-02 and HMP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6816, 6817, 6819, 6820, 6821, 6822 and 6823 for those other approvals incorporated herein by reference. 12 5. Developer shall comply with all applicable provisions of federal, state, and local laws and 13 regulations in effect at the time of the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 14 6. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration Project Mitigation Monitoring and Reporting Program. 7. As a condition of this approval, applicant must comply with the requirements of all 17 regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. 18 8. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Specific Plan reflecting the conditions approved by the final decision-making body. 20 9. Developer shall include, as part of the plans submitted for any permit plan check, a 21 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals and the Mitigation 22 Monitoring and Reporting Program). 10. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of 24 the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. 25 26 27 28 PC RESONO. 6818 -6- ^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Scully, Schumacher and Siekmann STEPHEN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director PCRESONO. 6818 -7- 1 PLANNING COMMISSION RESOLUTION NO. 6819 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF REDEVELOPMENT PERMIT RP 10-26 FOR 4 THE PROPOSED SEWER LIFT STATION (SLS) AND ASSOCIATED PIPING ON THE ENCINA POWER STATION (EPS) AND ADJACENT PROPERTIES GENERALLY 6 LOCATED NORTH OF CANNON ROAD, WEST OF INTERSTATE 5 AND WITHIN THE BOUNDARIES OF THE 7 SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONES 3 8 AND 22. o CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER 10 REPLACEMENT PROJECT CASE NO.: RP 10-26 11 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified 13 application with the City of Carlsbad Housing and Redevelopment Commission regarding 14 property described as 15 o A portion of the EPS, located north of Cannon Road and , , west of Interstate 5 at 4600 Carlsbad Boulevard (identified as Assessor's Parcel Number 210-010-41). The sewer lift 17 station and associated piping are proposed on the grounds of the Power Station; 18 o A portion of the SDG&E storage lot directly south of the EPS and east of the railroad tracks (identified as Assessor's Parcel Number 210-010-42). Associated underground 2Q piping is proposed in this area. o A portion of a public street identified as Assessor's Parcel 21 Numbers 210-010-05. Associated underground piping is proposed in this area. 22 o A portion of Avenida Encinas, from just north of Cannon Road (on property identified as Assessor's Parcel Number 210-011-05) to just south of Cannon Road. Associated 24 underground piping is proposed in this area. 25 ("the Property"); and 26 WHEREAS, said verified application constitutes a request for a Redevelopment 27 Permit as shown and described in the "Encina Power Station Precise Development Plan PDP 28 00-02(C)" document dated October 5, 2011, on file in the Planning Department AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER 1 REPLACEMENT PROJECT - RP 10-26 as provided and required by Sections 600 and 608 « 2 the South Carlsbad Coastal Redevelopment Area (SCCRA) Plan; and 3 WHEREAS, the SLS consists of the sewer lift station facilities itself, which 4 _ includes three structures, the main lift station, a grinder facility, and a bio-filter facility, and 6 pipelines, which consists of sewer, recycled and potable water; and 7 WHEREAS, the proposed SLS buildings and a segment of pipelines are located o within the boundaries of the EPS, while the pipe support bridge and remaining pipelines extend 9 to the north and south of the EPS boundaries; and 10 WHEREAS, this Redevelopment Permit applies to the SLS and associated piping located onsite and south of the EPS and within the boundaries of the SCCRA Plan; and 13 WHEREAS, Section 601 states the land uses permitted by the SCCRA Plan shall 14 be those permitted by the General Plan and zoning ordinance except that certain uses, includin 15 those uses that transmit wastewater, may be permitted within the boundaries of the SCCRA Plan only if the Housing and Redevelopment Commission approves 1) a finding that the SLS serves 17 an extraordinary public purpose; 2) a precise development plan which sets forth standards for 18 development of the SLS; and 3) a Redevelopment Permit for the Project; and 2Q WHEREAS, processed concurrently with Redevelopment Permit RP 10-26 is 21 Precise Development Plan Amendment PDF 00-02(C), which establishes the development 22 standards for the SLS; and the MND, which provides location and other information on the pipe 23 support bridge and associated piping located offsite of the EPS and within the boundaries of the 24 SCCRA Plan; and 25 WHEREAS, the Planning Commission is the review body for recommending and26 27 processing land use permits proposed in the SCCRA; and 28 PCRESONO. 6819 -2- WHEREAS, at their meeting on February 2, 2011, the Planning Commission 2 conducted a public hearing and recommended approval of the project and 3 recommendation of adoption of the MND/MMRP; and 4 5 WHEREAS, at their Joint Special Meeting on March 8, 2011, the City 5 Council and Housing and Redevelopment Commission conducted a public hearing and 7 received testimony on said project; and 8 WHEREAS, at the request of the Planning Director, the City Council and 9 Housing and Redevelopment Commission continued the public hearing to a date certain, in 10 order for staff to fully respond to written and oral testimony received concerning the 11 project and the environmental analysis; and 13 WHEREAS, the City Council and Housing and Redevelopment Commission 14 resumed the public hearing on said project at their April 26, 2011 Joint Special Meeting to 15 consider staffs response to previous testimony, and to receive and consider additional testimony; and 17 WHEREAS, the City Council and Housing and Redevelopment Commission 18 remanded the project to the Planning Director to conduct further analysis of the 20 MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to 21 schedule the application and revised MND/MMRP for a new hearing by the Planning 22 Commission for a recommendation to the City Council and Housing and Redevelopment Commission; and 24 WHEREAS, the Planning Commission did on October 5, 2011, hold a duly 25 noticed public hearing as prescribed by law to consider said request; and 26 ~_ WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Redevelopment Permit RP 10-26; and PCRESONO. 6819 -3- WHEREAS, in its deliberations, the Planning Commission considered wheth 2 the SLS serves an extraordinary public purpose. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 , Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of AGUA HEDIONDA SEWER LIFT 8 STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT PROJECT - RP 10-26, based on the following findings and subject to the following conditions: 10 Findings: 11 1. The City of Carlsbad Planning Commission hereby finds the SLS serves an extraordinary public purpose to the City of Carlsbad, the redevelopment area, and the citizens of j 3 Carlsbad as demonstrated by the following benefits: 14 a. Improve reliability and functionality : The existing sewer lift station an pipelines, which were constructed in 1964 and rehabilitated in 1989, are under- 1 5 sized, outdated, and in some areas nearing the end of their useful life. These facilities also do not have sufficient capacity to convey future projected buildout wastewater flows of the urbanized service areas of the cities of Carlsbad and Vista. The proposed project is designed of a size adequate to convey the future anticipated buildout demand for the two cities, and 18 features modern components to improve reliability and functionality. 19 b. Provide a recycled water supply: The project also includes the installation of a 12-inch recycled water line, which will run the length of the project. Eventually, this line will provide adjacent commercial, industrial and office sites a reliable water supply for landscaping as an alternative to using potable water that is in short supply. 22 c. Facilitate Recreational Opportunities: The pipe support bridge over the 23 lagoon channel is being constructed to accommodate the Coastal Rail Trail, a separate, future project in this area, which will enhance recreational activities where none currently exists. 25 d. Restore and Enhance the Marine Environment: The SLS will be located 26 further to the east, will install modern equipment, and will replace the fragile wood trestle bridge(s) that currently encroaches in the lagoon. The trestle 27 bridge(s), including the removal of the pilings that are located in the lagooi. channel, would be considered a beneficial impact to the lagoon. Furthermore, the new pipe support bridge will span the entire width of the channel and will not impact the lagoon. PCRESONO. 6819 .4. e. Remove Blight: The proposed project will allow for the dismantling and 2 elimination of the existing lift station structure and over flow basin that was constructed in 1964. The new SLS will be constructed primarily 3 underground and will not be visible as viewed from the east and south by motorists, passengers and pedestrians in the area. The structures will be stained earth-tone colors to blend in with the surrounding area. . Furthermore, although adjacent to the SCCRA plan boundaries, the existing trestle-style wood bridge(s) will be removed and replaced with a modern steel 5 bridge with a weathered looking guardrail, which will improve the visual character of the overall area. 7 2. That the proposed SLS use can be approved because the underlying Public Utilities (P-U) ° zoning district requires the approval of an official Precise Development Plan prior to the approval of building permits for allowed uses, and PDF 00-02(C), processed and approved concurrently with RP 10-26, serves as the code-mandated regulatory document 1 0 for the subject property. 3. As demonstrated in Finding 1 above, the Project complies with several SCCRA Plan goals, which are listed in Section IV (400) of the Plan that seek to increase coastal recreation opportunities, eliminate blight and environmental deficiencies, and strengthen 13 the economic base of the project area through reliable, modern infrastructure. Furthermore, the Project also complies with the following Plan goal: 14 a. Implement performance criteria to ensure quality site design and environmental standards to provide unity and integrity to the entire , , Redevelopment Plan area. The SLS complies with this goal by exhibiting a quality design and color (earth-tones) that is sensitive to its environment and 17 non-utility surroundings. As a regulatory document, the Precise Development Plan establishes development standards and review procedures 18 for the EPS and the SLS. Further, the Project has been reviewed concurrently with the processing of the Mitigated Negative Declaration (MND), compliant with the provisions of the California Environmental 20 Quality Act (CEQA). 21 4. The Project is consistent with the General Plan in that it implements goals and policies of the Land Use Element, as demonstrated by the following: 22 a. The proposed SLS is needed to ensure adequate provision of sewer service into the future and will protect the quality of the lagoon and sensitive habitat 24 in the area by locating the SLS further to the east, using modern equipment, and replacing the fragile wood trestle bridge(s) that currently encroaches in 25 the lagoon. These elements are consistent with Land Use Element Growth Management and Public Facilities Goal A.1, which states, "A City which ensures the timely provision of adequate public facilities and services to preserve the quality of life of residents." 28 b. The proposed SLS will replace an existing sewer lift station that is old and not adequately sized to accommodate planned growth per the existing Carlsbad and Vista General Plans. In addition, the project would result in PCRESONO. 6819 -5- .$00 more efficient and reliable wastewater transport to the EWPCF. The proje< 2 is consistent with the Land Use Element Growth Management and Public Facilities Goal A.2, which states, "A City which maintains a system of public 3 facilities adequate for the projected population" and Goal A.3, which states, "A City that responsibly deals with the disposal of solid and liquid waste." 4 ~ c. The proposed SLS will be constructed within the existing hillside away from the lagoon and will not be visible from the south and east, nor will it block 5 lagoon or ocean views. Furthermore, the proposed pipe support bridge will be constructed to allow for the Coastal Rail Trail, a separate, future project 7 in the area. These elements are consistent with Land Use Element Environmental Implementing Policies and Action Programs C-5, which ° states, "Limit future development adjacent to the lagoons and beach in such p a manner so as to provide to the greatest extent feasible the physical and visual accessibility to these resources for public use and enjoyment." 10 d. The Project is consistent with the Public Utility (U) land use designation of the EPS, which permits wastewater treatment facilities. In addition, sewer and water pipelines are permitted in any land use designation. Further, the SLS structures will have a flat roof and the buildings are a series of square 13 and rectangular shapes architecturally articulated to vary building elevations and fa£ade and will be partially below grade and stained with earth-tones to 14 comply with the sensitive design objective of Overall Land Use Pattern Polic* C.6, which states, "Review the architecture of buildings with the focus on ensuring the quality and integrity of design and enhancement of the , , character of each neighborhood." 17 5. The Project is consistent with the Encina Specific Plan 144 in that: a. It complies with applicable Specific Plan standards and requirements 15 adopted over the years regarding architectural review, building height, exterior lighting, and rooftop mechanical equipment. b. Since the Project proposes no changes to the operation of the existing EPS, 2Q the Project does not conflict with Specific Plan standards and requirements regarding existing power station operations. 21 c. The proposed amended Encina Specific Plan, SP 144(L), incorporates the land use designations of the City of Carlsbad General Plan, with which the 22 Project is consistent. Additionally, SP 144(L) would incorporate by reference PDF 00-02(C). 24 6. The Project is in conformance with the Agua Hedionda Land Use Plan and all applicable policies in that the Project has been reviewed for consistency with relevant coastal 25 policies including land use, habitat protection, grading and drainage, stormwater management, recreation, shoreline access, and visual resources. In particular, the Project complies with the Land Use Plan building height limitation of 35 feet. 27 Furthermore, the Project has been conditioned to obtain a coastal development permit from the California Coastal Commission. 28 7. The Project is consistent with the City's adopted Scenic Corridor Guidelines, which apply to Carlsbad Boulevard and the North County Transit District railroad corridor, in PCRESONO. 6819 -6- that the lift station walls on the north and east will be constructed as retaining walls, 2 and thus hidden from view except for a 5-foot section of the top of the cured-in- place (CIP) concrete structure. The structure will have a flat roof. As such, the 3 building is a series of square and rectangular shapes architecturally articulated to vary building elevations and facade from the view of the rail passengers travelling through the city. Furthermore, the lift station will be virtually imperceptible to , motorists on Carlsbad Boulevard or on the Carlsbad beach due to the distances involved, design of structures into the bluff, and material and colors that will blend 5 in with the surrounding area. 7 8. The Project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zones 3 and 22 and all City public facility policies and ° ordinances. The City's fire, schools, libraries and parks and recreation performance standards were developed assuming population growth occurs through the construction of additional dwelling units. However, the proposed project does not 10 include residential land uses, and does not include any components that would result in an increase in population or any public facility or infrastructure demand that might result from commercial or other non-residential land uses. Furthermore, project operations will not result in any increased traffic and will thus not result in any substantial deterioration of the public roadway system, nor generate a need for 13 other governmental services, such as emergency services. Replacement of the existing sewer lift station and force main is designed of a size adequate to convey the 14 future anticipated build-out demand of the service area. 9. The Planning Commission has reviewed each of the exactions imposed on the Developer ., contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the Project, and the extent and the 17 degre.e of the exaction is in rough proportionality to the impact caused by the Project. 18 10. As conditioned, the Project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). ~~ Conditions; NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 22 General 23 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 24 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City of Carlsbad Housing and Redevelopment Commission shall have the right to revoke or modify all approvals herein 26 granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals 27 herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their 2° violation. No vested rights are gained by Developer or a successor in interest by the City of Carlsbad's Housing and Redevelopment Commission approval of this Redevelopment Permit RP 10-26. PCRESON0.6819 • -7- • „Pea 2. Staff is authorized and directed to make, or require Developer to make, all correctioi 2 and modifications to the Redevelopment Permit RP 10-26 documents, as necessary to make them internally consistent and in conformity with final action on the project. 3 Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4 <. 3. Prior to approval of the Redevelopment Permit, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission 5 or its successor in interest, which substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the 7 approval is substantially different, an amendment to the Redevelopment Permit RD 10- 26 shall be required. o 4. This approval'is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, PDP 00-02(C), SP 10 144(C), CDP 10-17, HDP 10-05, SUP 10-02 and HMP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6816, 6817, 6818, 6820, 11 6821, 6822 and 6823 for those other approvals incorporated herein by reference. 12 5. Approval is granted for Redevelopment Permit 10-26 as shown and described in the 13 "Encina Power Station Precise Development Plan" document dated October 5, 2011, and the Mitigated Negative Declaration (MND) and Mitigation Monitoring and 14 Reporting Program (MMRP) on file in the Planning Department and incorporate herein by reference. Development shall occur substantially as shown unless otherwise 15 noted in these conditions. 6. Developer shall comply with all applicable provisions of federal, state, and local laws and 17 regulations in effect at the time of the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 18 7. Developer shall implement, or cause the implementation of, the MND and Project 19 MMRP. 20 8. As a condition of this approval, applicant must comply with the requirements of all 21 regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. 22 9. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Redevelopment Permit reflecting the conditions approved by the final decision- 24 making body. 25 10. Developer shall submit to the Planning Director a design depicting how the pipes on the pipe support bridge will be screened from view.26 27 11. Developer shall include, as part of the plans submitted for any permit plan check, r reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 28 format (including any applicable Coastal Commission approvals and the MMRP). PCRESONO. 6819 -8- 12. Developer shall submit and obtain Planning Director approval of a Final Landscape and 2 Irrigation Plan showing conformance with the conditions herein and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved 3 Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 4 13. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of 5 the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. 7 Engineering 8 9 14. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the hauler shall apply for and obtain approval from, the city engineer for the proposed haul route. 15. Developer shall comply with the city's Stormwater Regulations, latest version, and shall 12 implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt 13 runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or 14 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 1 - stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 16 16. Developer shall complete and submit to the city engineer a Project Threat Assessment 17 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and 18 appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by . „ the completed PTAF. 20 17- This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP) to demonstrate how this 21 project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new 22 treatment control BMP selection criteria in the SUSMP, the city shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. 24 18. Developer acknowledges upcoming hydromodification (runoff reduction) requirements 25 may impact how this project treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run- 26 off by mimicking the natural hydrologic function of the site, preserving natural open- spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. 28 19. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, PCRESONO. 6819 -9- treatment control BMP, applicable hydromodification measures, and Low Impact Desig 2 (LID) facilities. 3 20. Developer shall submit documentation demonstrating how this project complies with Interim Hydromodification requirements per the city's SUSMP, latest version. 4 Documentation shall be included within the Storm Water Management Plan (SWMP). 21. Developer shall provide all-weather maintenance access roads to the public drainage facilities (e.g.: headwalls, rip-rap field, etc.) for this project. Where maintenance access roads are not practical and/or permitted, Developer shall incorporate low-maintenance 7 design features. 8 Code Reminders: 9 22. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 12 23. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 13 permit issuance, except as otherwise specifically provided herein. 24. The project shall comply with the latest nonresidential disabled access requirement , c pursuant to Title 24 of the California Building Code. 16 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 17 Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote, 18 to wit: 19 AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, 20 Scully, Schumacher and Siekmann NOES: 21 22 ABSENT: 23 . /7NABSTAIN: 24 STEPHENN"HAP" L'HEUREUX, Chairperson 25 CARLSBAD PLANNING COMMISSION 26 ATTEST: 27 28 DON NEU Planning Director PCRESONO. 6819 -10- 1 PLANNING COMMISSION RESOLUTION NO. 6820 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 10-17 FOR PIPING WITHIN 4 THE PUBLIC RIGHT-OF-WAY ON A PORTION OF AVENIDA , ENCINAS SOUTH OF CANNON ROAD TO THE ENCINA WATER POLLUTION CONTROL FACILITY (EWPCF) IN 6 LOCAL FACILITIES MANAGEMENT ZONES 3 AND 22. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, 7 FORCE MAIN, AND GRAVITY SEWER REPLACEMENT PROJECT 8 CASE NO.: CDP 10-17 9 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified 10 application with the City of Carlsbad Housing and Redevelopment Commission regarding , 2 property described as 13 Public right-of-way on a portion of Avenida Encinas just south of Cannon Road to the Encina Wastewater Pollution Control 14 Facility, south of Palomar Airport Road 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Coastal 17 Development Permit for pipelines south of Cannon Road as shown on Exhibits "A" - "Y" dated i o October 5, 2011, and as shown and described in the Mitigated Negative Declaration (MND) and 20 Mitigation Monitoring and Reporting Program (MMRP) on file in the Planning Department, 21 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER 22 REPLACEMENT PROJECT - CDP 10-17, as provided by Chapter 21.201.040 of the 23 Carlsbad Municipal Code; and 24 WHEREAS, CDP 10-17 applies only to those pipelines proposed in the Mello II 26 segment of the City's Local Coastal Program and not to the sewer lift station structures, pipe 27 support bridge, or pipelines proposed in the Agua Hedionda Lagoon segment, located north of 28 Cannon Road; and WHEREAS, at their meeting on February 2, 2011, the Planning Commissic 2 conducted a public hearing and recommended approval of the project and 3 recommendation of adoption of the MND/MMRP; and 4 5 WHEREAS, at their Joint Special Meeting on March 8, 2011, the City 6 Council and Housing and Redevelopment Commission conducted a public hearing and 7 received testimony on said project; and 8 WHEREAS, at the request of the Planning Director, the City Council and 9 Housing and Redevelopment Commission continued the public hearing to a date certain, in 10 order for staff to fully respond to written and oral testimony received concerning the , 2 project and the environmental analysis; and 13 WHEREAS, the City Council and Housing and Redevelopment Commission 14 resumed the public hearing on said project at their April 26, 2011 Joint Special Meeting tv consider staffs response to previous testimony, and to receive and consider additional 16 testimony; and 17 WHEREAS, the City Council and Housing and Redevelopment Commission Is ,Q remanded the project to the Planning Director to conduct further analysis of the 20 MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to 21 schedule the application and revised MND/MMRP for a new hearing by the Planning 22 Commission for a recommendation to the City Council and Housing and Redevelopment 23 Commission; and 24 WHEREAS, the Planning Commission did, on October 5, 2011, hold a duly 26 noticed public hearing as prescribed by law to consider said request; and 27 28 PC RESO NO. 6820 -2-flo? WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the CDP. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT PROJECT - CDP 10-17 based 10 on the following findings and subject to the following conditions: Findings; 12 1. That the proposed development is in conformance with the Mello II Certified Local 13 Coastal Program and all applicable policies in that the proposed project is consistent with, or otherwise implements, the following Mello II LCP policies: 14 a. Carlsbad LCP Mello II Policy 3-4 Grading and Landscaping Requirements. The project complies because all work in this area will be within the public 15 right-of-way and will be repaved to eliminate the possibility of erosion. Also grading will not occur during the rainy season unless sufficient erosion 17 control measures have been included in the project construction program. b. Carlsbad LCP Mello II Policy 4-3 Accelerated Soil Erosion. The project complies because no portion of the project is being developed on steep slopes as identified in the LCP. The project also complies because the project will incorporate BMPs and submit a water quality technical report as specified in 20 the National Pollutant Discharge Elimination System (NPDES) permit and in the Standard Urban Storm Water Mitigation Plan (SUSMP). In addition, 21 the city will include requirements in the CDP approval to allow inspection and maintenance of the BMPs, and the project minimizes land disturbance activities during construction (e.g., clearing, grading and cut-and-fill). BMPs 23 are also proposed to treat site runoff following construction of the SLS. c. Carlsbad LCP Mello II Policy 4-4 Removal of Natural Vegetation. The project 24 complies because it will riot remove any natural vegetation within this segment of the project. 25 d. Carlsbad LCP Mello II Policy 4-5 Soil Erosion Control Practices. The project complies because onsite erosion will be avoided as a result of the use of silt fences, sandbags and straw mulch rolls being placed around excavated 27 trench spoils during the construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. PC RESO NO. 6820 -3- e. Carlsbad LCP Mello II Policy 4-6 Sediment Control Practices. The proje* 2 complies because sediment control will be provided through the use of silt fences, sandbags and straw mulch rolls being placed around excavated 3 trench spoils during the construction period. Furthermore, all storm drains and natural drainages situated downstream from the construction will be ^ protected by linear sediment barriers or similar erosion control devices. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 6 of the Coastal Act in that the pipelines will be installed underground and, therefore, will not impact public access opportunities nor recreational resources. 7 3. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project 9 incorporates measures to adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, SUSMP and the Jurisdictional Urban Runoff 10 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Further, steep slopes with native vegetation will not be impacted since pipelines are proposed for city rights-of-way without sensitive habitat, or via 12 trenchless drilling construction methods as outlined in the Project's MND. Finally, the project complies with Coastal Resource Protection Overlay Zone standards 13 regarding development in liquefaction-prone areas as the project's Mitigation Monitoring and Reporting Program includes a mitigation measure to addresr 14 potential settlement due to seismically-induced liquefaction or later spread. 4. The Planning Commission finds that the project, as conditioned herein, is in 15 conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated October 5, 2011, including, but not limited to the Land Use 17 Element of the General Plan in that installation of sewer pipelines is allowed in all General Plan land use designations. 1 o jo 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zones 3 and 22 and all City public facility policies and 20 ordinances. The City's fire, schools, libraries and parks and recreation performance standards were developed assuming population growth occurs through the 2* construction of additional dwelling units. However, the proposed project does not 22 include residential, commercial or industrial land uses, and does not include any components that would result in an increase in population or any public facility or 23 infrastructure demand. Specifically, the proposed pipelines do not generate any facility plan improvement requirements or funding. 24 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 26 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 27 . 28 PC RESO NO. 6820 -4- Conditions: 2 NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance 3 of a Notice to Proceed or commencement of construction, whichever occurs first. 4 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 7 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said ° conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit. 1 o 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 15 i,- 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 17 challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 20 5. This approval is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, PDF 00-02(C), SP 21 144(C), RP 10-26, HDP 10-05, SUP 10-02 and HMP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6816, 6817, 6818, 6819, 6821, 6822 and 6823 for those other approvals incorporated herein by reference. 23 6. Approval is granted for Coastal Development Permit 10-17 as shown and described in 24 the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) on file in the Planning Department and incorporated ^ herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 27 7. Developer shall implement, or cause the implementation of, the MND and Project MMRP. 28 PC RESO NO. 6820 -5- 8. This approval shall become null and void if the Notice to Proceed is not issued t 2 commencement of construction does not occur for this project within two (2) years of the final discretionary approval, including the discretionary approvals of the 3 California Coastal Commission or other agencies. 9. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the c Site Plan reflecting the conditions approved by the final decision-making body. 6 10. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). o Code Reminders: 9 11. Developer shall exercise special care during the construction phase of this project to 10 prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 11 of the City Engineer. 19 12. Approval of this request shall not excuse compliance with all applicable sections of the I o Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 14 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 15 Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote,16 17 to wit: 18 AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Scully, Schumacher and Siekmann 19 20 N°ES: 21 ABSENT: 22 ABSTAIN: 23 24 " L'yEUREUX, Chairperson 25 CARLSBAD PLANNING COMMISSION 26 27 28 DONNEU Planning Director PC RESO NO. 6820 -6- ^,. ©II 1 PLANNING COMMISSION RESOLUTION NO. 6821 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT FOR 4 THE SEWER LIFT STATION AND ASSOCIATED PIPING (SLS) AT THE EXISTING 95-ACRE ENCINA POWER STATION (EPS), LOCATED AT 4600 CARLSBAD 6 BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONES 1 AND 3 AND GENERALLY LOCATED NORTH OF 7 CANNON ROAD, SOUTH OF AGUA HEDIONDA LAGOON, EAST OF THE PACIFIC OCEAN, AND WEST OF 8 INTERSTATE 5. o CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER 10 REPLACEMENT PROJECT CASE NO: HDP 10-05 11 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified j 3 application with the City of Carlsbad regarding property described as 14 A portion of the EPS, located north of Cannon Road and west of Interstate 5 at 4600 Carlsbad Boulevard (identified as 15 Assessor's Parcel Number 210-010-41) 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Hillside 18 Development Permit as shown on Exhibits "A" - "Y" dated October 5, 2011, on file in the 20 Carlsbad Planning Department, AGUA HEDONDA SEWER LIFT STATION, FORCE 21 MAIN, AND GRAVITY SEWER REPLACEMENT - PDF 00-02(C)/SP 144(L)/RP 10- 22 26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03, as provided by Chapter 21.95 of the 23 Carlsbad Municipal Code; and 24 WHEREAS, at their meeting on February 2, 2011, the Planning Commission 25 conducted a public hearing and recommended approval of the project and 26 27 recommendation of adoption of the MND/MMRP; and 28 AlZ. 1 WHEREAS, at their Joint Special Meeting on March 8, 2011, the Cif 2 Council and Housing and Redevelopment Commission conducted a public hearing and 3 received testimony on said project; and 4 WHEREAS, at the request of the Planning Director, the City Council and 5 Housing and Redevelopment Commission continued the public hearing to a date certain, in 7 order for staff to fully respond to written and oral testimony received concerning the o project and the environmental analysis; and 9 WHEREAS, the City Council and Housing and Redevelopment Commission 10 resumed the public hearing on said project at their April 26, 2011 Joint Special Meeting to 11 consider staffs response to previous testimony, and to receive and consider additional 13 testimony; and 14 WHEREAS, the City Council and Housing and Redevelopment Commissior 15 remanded the project to the Planning Director to conduct further analysis of the MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to 17 . schedule the application and revised MND/MMRP for a new hearing by the Planning 18 Commission for a recommendation to the City Council and Housing and Redevelopment 2Q Commission; and 21 WHEREAS, the Planning Commission did on October 5, 2011, consider said 22 request; and 23 WHEREAS, at said hearing, upon hearing and considering all testimony and 24 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the Hillside Development Permit. 26 2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninp 28 Commission as follows: A) That the foregoing recitations are true and correct. PC RESO NO. 6821 -2- B/3 1 2 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of the Hillside Development Permit, HDP 10- 3 05, for the AGUA HEDONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT, PDF 00-02(C)/SP 144(L)/RP 4 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03 based on the following - findings and subject to the following conditions: 5 Findings: 7 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 8 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly identified on the constraints map. 10 3. That the development proposal is consistent with the intent, purpose, and requirements of 1 the Hillside Ordinance, Chapter 21.95, in that the SLS structures will be constructed mostly below the surrounding finish grade level to preserve the natural contours of the hillside. The large, main lift station will be fitted into the terrain of the site with exterior walls functioning as soil retaining walls, resulting in the facility being situated mostly below grade, with only the south and western walls being readily 14 visible. The low profile structures will have a flat roof with square and rectangular shapes architecturally articulated to vary building elevations and facades. The visible portions of the walls of the structures will be accented and shadowed with textured and geometric patterns and earth tone colors to blend it with the surrounding hillside. Furthermore, landscaping with native plants will be planted in 17 front of the buildings to soften the structures appearance. 18 4. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the project does include grading of a portion of the slope with an inclination 20 of greater than 40 percent; however, per Section 21.53.230 this only applies to natural slopes and not manufactured slopes. The hillside where the SLS will be 21 constructed was manufactured, which is defined as a man-made slope consisting wholly or partially of either cut or fill material. As shown on Figure 2 of the 22 Geotechnical Evaluation Report, prepared by Ninyo & Moore, dated August 3, 2009, the lower pad area of the lift station site and adjacent 2:1 slope are manufactured from fill material that was likely dredged from the lagoon. 24 5. That the project design substantially conforms to the intent of the concepts illustrated in 25 the Hillside Development Guidelines Manual, in that the SLS structures will be constructed mostly below the surrounding finish grade level to preserve the natural 2° contours of the hillside. The low profile structures will have a flat roof with square 27 and rectangular shapes architecturally articulated to vary building elevations and facades, stained earthtone colors, and landscaping using native plantings to achieve 28 a natural appearance of the hillside. PCRESONO. 6821 -3- OntOlV Conditions: 2 NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance 3 of a Notice to Proceed or commencement of construction, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 5 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 7 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said ° conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Hillside Development Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of building permit issuance. 4. This approval is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, PDF 00-02(C), SP 144(L), RP 10-26, CDP 10-17, SUP 10-02, and HMP 05-03 and is subject to all 17 conditions contained in Planning Commission Resolutions No. 6816, 6817, 6818, 6819, 6820,6822 and 6823 for those other approvals incorporated herein by reference. 18 . Approval is granted for Hillside Development Permit 10-05 as shown and described in the Mitigated Negative Declaration (MND) and Mitigation Monitoring and 2Q Reporting Program (MMRP) on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise 21 noted in these conditions. 22 6. Developer shall implement, or cause the implementation of, the MND and Project MMRP. 24 7. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of 25 the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. 26 27 8. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the 28 Site Plan reflecting the conditions approved by the final decision-making body. PCRESONO. 6821 -4-o 15> 9. Developer shall include, as part of the plans submitted for any permit plancheck, a 2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 3 Code Reminders: 4 10. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 7 11. Approval of this request shall not excuse compliance with all applicable sections of the 8 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 11 Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote, 12 to wit: 13 14 AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, 15 Scully, Schumacher and Siekmann 16 NOES: 17 ABSENT: 18 ABSTAIN: 19" 20 21 STEPHEN^-'HAP" L^HEyREtJX, Chairperson 22 CARLSBAD PLANNING COMMISSION 23 |( ATTEST: 25 26 DON NEU Planning Director 27 28 PCRESONO. 6821 -5- Q, 1 PLANNING COMMISSION RESOLUTION NO. 6822 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO REMOVE PILINGS 4 FROM THE EXISTING TRESTLE BRIDGE STRUCTURE(S) 5 AS A COMPONENT OF THE SEWER LIFT STATION (SLS) PROJECT ON PROPERTY GENERALLY LOCATED WITHIN 6 THE AGUA HEDIONDA LAGOON CHANNEL BETWEEN THE OUTER AND MIDDLE LAGOONS IN LOCAL 7 FACILITIES MANAGEMENT ZONE 1 CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, 8 FORCE MAIN, AND GRAVITY SEWER 9 REPLACEMENT CASE NO: SUP 10-02 10 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified •. 2 application with the City of Carlsbad regarding property described as 13 Immediately east of the Burlington Northern Santa Fe (BNSF) railroad tracks, within the railroad right-of-way, and 14 extending over the Agua Hedionda Lagoon channel between the middle and outer lagoons on a portion of property identified by Assessor's Parcel Number 210-010-09 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Floodplain 1 o j n Special Use Permit as shown on Exhibits "A" - "Y" dated October 5, 2011, and as shown and 20 described in the Mitigated Negative Declaration (MND) on file in the Planning Department, 21 AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER 22 REPLACEMENT - SUP 10-02, as provided by Chapter 21.110 of the Carlsbad Municipal 23 Code; and 24 WHEREAS, at their meeting on February 2, 2011, the Planning Commission 26 conducted a public hearing and recommended approval of the project and 27 recommendation of adoption of the MND/MMRP; and 28 1 WHEREAS, at their Joint Special Meeting on March 8, 2011, the City 2 Council and Housing and Redevelopment Commission conducted a public hearing and 3 received testimony on said project; and 4 t- WHEREAS, at the request of the Planning Director, the City Council and 6 Housing and Redevelopment Commission continued the public hearing to a date certain, in 7 order for staff to fully respond to written and oral testimony received concerning the 8 project and the environmental analysis; and 9 WHEREAS, the City Council and Housing and Redevelopment Commission 10 resumed the public hearing on said project at their April 26, 2011 Joint Special Meeting to ,~ consider staffs response to previous testimony, and to receive and consider additional 13 testimony; and 14 WHEREAS, the City Council and Housing and Redevelopment Commission remanded the project to the Planning Director to conduct further analysis of the 16 MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to 17 schedule the application and revised MND/MMRP for a new hearing by the Planning18 , q Commission for a recommendation to the City Council and Housing and Redevelopment 20 Commission; and 21 WHEREAS, the Planning Commission did on October 5, 2011, hold a duly 22 noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 2/r relating to the Floodplain Special Use Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: PC RESO NO. 6822 -2- A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES AGUA HEDIONDA SEWER LIFT STATION, FORCE MAIN AND GRAVITY SEWER REPLACEMENT - SUP 10-02, based on the 4 following findings and subject to the following conditions: Findings: 6 The site is reasonably safe from flooding in that the project does not propose any structures within the 100-year flood hazard area. The project will remove the existing trestle bridge structure(s), which supports the existing 42-inch sewer pipe (optionally, the structure supporting the 12-inch high pressure natural gas 9 transmission line may be removed). Furthermore, the eight bridge support (S) pilings (possibly two (2) support pilings for the natural gas line), that are located in 10 the lagoon channel, will also be removed. The removal of the pilings will reduce the amount of water friction through this narrow channel and allow water to flow faster through this area should a 100-year flood occur. 12 2. The project as proposed has been designed to minimize the flood hazard to the habitable 13 portions of the structure in that no habitable structure is proposed. 14 3. The proposed project does not create a hazard for adjacent or upstream properties o. structures in that the removal of the bridge pilings will reduce the amount of water friction and allow the water to flow faster into the outer lagoon and eventually into 15 the Pacific Ocean, which would prevent any water in the lagoon channel from creating a hazard to any structures upstream of the bridge structure(s). 17 4. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that the bridge structure(s) are located over and j9 within the lagoon channel that flows into the Pacific Ocean. The removal of the bridge pilings and structure(s) will not have an adverse impact on properties or 20 structures downstream from the bridge structure(s). 21 | 5. The proposed project does not reduce the ability of the site to pass or handle a base flood 22 of 100-year frequency in that the removal of the bridge pilings within the narrow lagoon channel will better accommodate a 100-year flood through this area. 23 6. The proposed project taken together with all the other known, proposed, and anticipated 24 projects will not increase the water surface elevation of the base flood more than one foot at any point in that the removal of the bridge pilings from the narrow lagoon channel will improve the flow of the lagoon, thereby increasing floodwater capacity. 26 7. All other required state and federal permits have been obtained or will be obtained prio 27 to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first.28 PC RESO NO. 6822 -3- Conditions; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 3 a Notice to Proceed or commencement of construction, whichever occurs first. ^ 1. If any of the following conditions fail to occur, or if they are, by their terms, to be <- implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 6 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 7 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 9 or a successor in interest by the City's approval of this Special Use Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Special Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 12 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of the issuance of a Notice to Proceed or 1. commencement of construction, whichever occurs first. 16 4. This approval is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, PDF 00-02(C), SP 17 144(L), RP 10-26, CDP 10-17, HDP 10-05, and HMP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6816, 6817, 6818, 6819, 6820, 6822 and 6823 for those other approvals incorporated herein by reference. 19 5. Approval is granted for Special Use Permit 10-02 as shown and described in the 20 Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in 22 these conditions. 23 6. Developer shall implement, or cause the implementation of, the MND and Project MMRP. 24 ~<- 7. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of 26 the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. 27 g. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body.2,0 PC RESO NO. 6822 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 9. Developer shall include, as part of the plans submitted for any permit plancheck, reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). Code Reminders: 10. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to of the City Engineer. 1 1 . Approval of this request shall not excuse compliance with all applicable the satisfaction sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on October 5, 2011 by the to wit: following vote, AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard Scully, Schumacher and Siekmann NOES: ABSENT: ABSTAIN: ^8£^=— - STEPHEN^HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 2.X DON NEU Planning Director PCRESONO. 6822 -5- A7I 1 PLANNING COMMISSION RESOLUTION NO, 6823 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT 4 TO ALLOW THE INCIDENTAL TAKE OF SPECIES OF 5 CONCERN FOR THE SEWER LIFT STATION AND ASSOCIATED PIPING (SLS), ON PROPERTY GENERALLY 6 LOCATED SOUTH OF CHINQUAPIN AVENUE TO THE ENCINA WATER POLLUTION CONTROL FACILITY. THE 7 PROJECT WOULD BE LOCATED WITHIN EASEMENTS ON PUBLIC AND PRIVATE PROPERTY AND WITHIN THE 8 RIGHT-OF-WAY.OF AVENIDA ENCINAS IN LOCAL 9 FACILITIES MANAGEMENT ZONES 1, 3 AND 22. CASE NAME: AGUA HEDIONDA SEWER LIFT STATION, 10 FORCE MAIN, AND GRAVITY SEWER REPLACEMENT PROJECT 11 CASE NO: HMP 10-03 12 WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 o Approximately 500-feet south of Chinquapin Avenue, immediately east of the Burlington Northern Santa Fe 15 (BNSF) railroad tracks, within the railroad right-of-way, south across Agua Hedionda Lagoon to the Encina Power 17 Station (identified as Assessor's Parcel Number 210-010- 09);10 "o A portion of the Encina Power Station, located north of jo Cannon Road and west of Interstate 5 at 4600 Carlsbad Boulevard (identified as Assessor's Parcel Number 210- 20 010-41); o A portion of SDG&E's property, located north of Cannon 21 Road and south and east of the Encina Power Station (identified as Assessor's Parcel Number 210-010-42); o Avenida Encinas, from just north of Cannon Road 23 (identified as Assessor's Parcel Number 210-011-05) and south to the Encinas Wastewater Pollution Control Facility 24 (south of Palomar Airport Road). 25 ("the Property"); and 26 WHEREAS, the City of Carlsbad has received authorization to issue permits to 27 impact various sensitive species and habitats, including species listed as Threatened or 28 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and ATL. 1 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-0.' 2 and 3 WHEREAS, the authority stated above is based on a plan titled Habitat 4 c Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 6 9, 2004, referred to as the HMP, and approval of all projects is contingent on a finding of 7 consistency with the HMP; and g WHEREAS, said verified application by Developer constitutes a request for a 9 Habitat Management Plan Permit pursuant to the City's authority as contained in Chapter 10 21.210 of the Zoning Ordinance, on file in the Planning Department; and .« WHEREAS, at their meeting on February 2, 2011, the Planning Commission 13 conducted a public hearing and recommended approval of the project and 14 recommendation of adoption of the MND/MMRP; and 15 WHEREAS, at their Joint Special Meeting on March 8, 2011, the City 16 Council and Housing and Redevelopment Commission conducted a public hearing and 17 received testimony on said project; and 18 jo WHEREAS, at the request of the Planning Director, the City Council and 20 Housing and Redevelopment Commission continued the public hearing to a date certain, in 21 order for staff to fully respond to written and oral testimony received concerning the 22 project and the environmental analysis; and 23 WHEREAS, the City Council and Housing and Redevelopment Commission 24 resumed the public hearing on said project at their April 26, 2011 Joint Special Meeting to 2g consider staffs response to previous testimony, and to receive and consider additional 27 testimony; and 28 PC RESO NO. 6823 -2- WHEREAS, the City Council and Housing and Redevelopment Commission 2 remanded the project to the Planning Director to conduct further analysis of the 3 MND/MMRP and, if warranted, to circulate the MND/MMRP for public comment, and to 4 <- schedule the application and revised MND/MMRP for a new hearing by the Planning 6 Commission for a recommendation to the City Council and Housing and Redevelopment 7 Commission; and o WHEREAS, the Planning Commission did on October 5, 2011, consider said 9 request; and 10 WHEREAS, at said hearing, upon hearing and considering all testimony and , 2 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 13 relating to the Habitat Management Plan Permit. 14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 16 _ A) That the foregoing recitations are true and correct. 17 B) That the AGUA HEDONDA SEWER LIFT STATION, FORCE MAIN AND 18 GRAVITY SEWER REPLACEMENT project is consistent with the HMP as i o described in the following findings. 20 C) That based on the evidence presented at the hearing, the Commission RECOMMENTS APPROVAL of the Habitat Management Plan Permit, HMP 21 10-03, for the AGUA HEDONDA SEWER LIFT STATION, FORCE MAIN 22 AND GRAVITY SEWER REPLACEMENT based on the following findings and subject to the following conditions: 23 Findings: 24 1. That the AGUA HEDONDA SEWER LIFT STATION, FORCE MAIN AND 25 GRAVITY SEWER REPLACEMENT is not shown in Figure 28 of the approved 26 HMP as an existing hardline, proposed hardline, proposed standards, core or linkage area. Instead, the project is in a disturbed area and is identified as a "development 27 area" in Figure 28; however, there are sensitive vegetation communities within the Area of Potential Effects (APE) and there will be some temporary and permanent impacts to the biological resources. Specifically, the area of impact will be for the installation of the south abutment for the proposed pipe support bridge. PC RESO NO. 6823 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Additionally, the project will benefit adjacent preserved areas as it will bridge support pilings from the channel between the middle and outer basins ot Agua Hedionda Lagoon, both of which are identified as existing hardline conservation areas. 2. That authorization to take species of concern, through the take of sensitive species (see Table 4 -Project Impacts to Vegetation Communities, which shows permanent and temporary impacts to vegetation communities provided in the Preliminary Biological Assessment report prepared by Planning Systems, dated May 28, 2010 that was prepared for the project) is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 3. That authorization to impact sensitive habitats of species of concern is subject to continuous compliance with all mitigation measures as stated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and is subject to all conditions contained in Planning Commission Resolutions No. 6816, 6817, 6818, 6819, 6820, 6821 and 6822 for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 4. That authorization to impact sensitive habitats and take of species of concern is subject to continuous compliance with the provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 5. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the AGUA HEDONDA SEWER LIFT STATION, FORCE MAIN, AND GRAVITY SEWER REPLACEMENT project. 6. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically; most of the impacts are temporary construction impacts to disturbed and developed lands. Furthermore, the project avoids impacts to sensitive habitats, with the exception of minor slivers of Diego Coastal Sage Scrub (DCSS). The DCSS is surrounded by a highly urbanized environment, and thus the minor slivers are not rare habitat, nor are they especially valuable to the ecosystem which has already been largely degraded by urbanization, industrialization and the adjacent railroad. As a result of these factors, the project does not impact Environmentally Sensitive Habitat Area (ESHA), a term applicable to properties in the Coastal Zone (as defined in Coastal Act Section 30107.5) that contain rare or especially valuable plant or animal life or their habitats that could easily be disturbed by human activities and developments. Notwithstanding that the project will not impact PC RESO NO. 6823 -4- _ ESHA, it will mitigate for the 0.09 acres of sensitive biological habitats that will be 2 impacted through compliance with the mitigation measures identified in the Mitigation, Monitoring and Reporting Program (MMRP). 3 7. That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the future, consistent with the , HMP Implementing Agreement. 6 8. That the authorization to impact sensitive habitats and incidental take of species of concern as a result of the project will not appreciably reduce the likelihood of survival 7 and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 9 9. That the Planning Director is authorized to sign the Take Permit. 10 10. The Planning Commission hereby finds that all development in Carlsbad benefits from 11 the Habitat Management Plan, which is a comprehensive conservation plan and , ~ implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while 13 continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 14 the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on 17 all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 18 Conditions: 20 1 • If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 21 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy 23 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 24 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Habitat Management Plan 25 Permit 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management Plan Permit documents, as necessary to 27 make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 28 development different from this approval, shall require an amendment to this approval. PC RESO NO. 6823 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. If any condition for construction of any public improvements or facilities, or the payme: of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. This approval is granted subject to the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, PDF 00-02(C), SP 144(C), RP 10-26, CDP 10-17, HDP 10-05 and SUP 10-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6816, 6817, 6818, 6819, 6820, 6821 and 6822 for those other approvals incorporated herein by reference. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. Developer shall implement, or cause the implementation of, the MND and Projet MMRP. This approval shall become null and void if the Notice to Proceed is not issued or commencement of construction does not occur for this project within two (2) years of the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Mitigation Measures are included to require debiting the appropriate acreage from the Lake Calavera Mitigation Parcel at the ratios indicated in Table 4 of the MMRP under Biological Resources, except that Conservation Standards 7-8 and 7-9 (p. D-115) of the HMP require that Diegan coastal sage scrub mitigation acreage must include a minimum 1:1 creation component (minimum of 0.05 acre creation). Therefore, project mitigation for DCSS will include a minimum of 0.05 acres of credit debiting from the Lak Calavera Mitigation Parcel, and also an additional 0.09 acre of revegetation (creation) of DCSS on or near the impact location. The 0.09 acres of revegetation (creation) of DCSS is expected to occur within and around the eastern half of the PC RESO NO. 6823 -6- , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26*.. 27 28 demolished, filled-in existing lift station overflow basin, but could different location in the area. Code Reminders: occur in a 10. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the of the City Engineer. accordance satisfaction 11. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time permit issuance, except as otherwise specifically provided herein. of building PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on October 5, 2011, by the following vote,to wit: AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Scully, Schumacher and Siekmann NOES: ABSENT: ABSTAIN: -^M%T" sTE^^^P^' L'HEl^L^n^rpe7s"on CARLSBAD PLANNING COMMISSION ATTEST: A ^ji &ms \&u DONNEU Planning Director PC RESO NO. 6823 -7-&->&