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HomeMy WebLinkAbout2011-09-20; City Council; MinutesMINUTES SPECIAL MEETING: CITY COUNCIL WORKSHOP DATE: September 20,2011 TIME: 11:00 AM PLACE: CITY ADMINISTRATION BUILDING, ROOM 173B, 1635 FARADAY The Mayor called the meeting to order on September 20, 2011 at 11:00 a.m. Present: Hall, Kulchin, Packard, Douglas, Blackburn. 1. Regional Reports: Packard: Presented a brief report on NCTD ridership and budget matters. Douglas: Reported that she would be attending the Annual League of California Cities Conference September 21 - 23, 2011. Blackburn: No Report. Kulchin: Reported that she had recently had dinner with former Mayor Bud Lewis. Hall: Presented a brief report on the SANDAG Transportation Committee and the 2050 RTP plan that is scheduled to be presented for approval in October, 2011, REQUESTS TO SPEAK: None 2. Reemployment of Retired Annuitants The following document was distributed for this item and is on file in the Office of the City Clerk. • Re-employment of Retired Annuitants, Power Point Presentation, September 20, 2011. Staff Member Presenting: Julie Clark, Human Resources Director. Ms. Clark gave the presentation regarding the current procedures for rehiring retired annuitants, including those that have retired from other PERS agencies. She explained the differences between rehiring retirees as a part-time, limited hour, employees and rehiring retirees as independent contractors. She also explained the current CALPERS general rules and limitations regarding the temporary employment of retired PERS members, and outlined the statutory exceptions (as contained in the PowerPoint presentation). Ms. Clark also briefly reviewed the requirements for retirees to City Council Workshop September 20, 2011 qualify as independent contractors. In response to Council inquiry, Ms. Clark clarified some of the qualifications of independent contractors (consultants), such as the requirement to have formed a licensed business, and to have clients other than the City of Carlsbad. She also explained that the hiring of such contractors must follow the City's purchasing ordinance and IRS regulations. Ms. Clark also outlined the options for Council consideration: • Continue to follow CALPERS rules and regulations and state law without establishment of a city policy • Adopt a policy to formalize the City Council's intent to following existing rules and regulations • Adopt a policy to make the rehiring of retired annuitants more restrictive Following the presentation, the Council discussion ensued as follows: Council Member Blackburn expressed his support for continuing to follow CALPERS rules and regulations. Council Member Douglas requested that Council consider adopting more restrictive policies regarding the hiring and use of retirees and contractors. Council Member Packard expressed support for the current process following CALPERS rules and regulations. Mayor Pro-Tern Kulchin expressed support for the need for transparency in the process and concurred with Ms. Douglas's comments. Mayor Hall also spoke of the need for transparency in this process and the need to ensure the best value for the City in these hirings. City Attorney Ball clarified that the City, even as a Charter City, cannot adopt policies in the area of hiring retirees that conflict with CALPERS rules and regulations or state law. In response to Council inquiry, Ms. Clark stated that the Council could adopt a policy that would be more restrictive, such as limiting the number of hours for part time workers to less than the 960 hours per fiscal year allowed by CALPERS. She also explained that during the past 5 years, the city has hired a total of 24 retirees as part time employees, noting each had worked from 11 hours to 959 hours per fiscal year. The Council requested that additional information regarding the compensation spent on re-hired retirees be provided for their review, and that information regarding the numbers and compensation for those hired as contractors during the past five years also be provided. At 12:00 p.m. the Mayor called a recess. The Mayor and Council Members Douglas, Packard, Kulchin and Blackburn returned at 12:10 p.m. City Council Workshop September 20,2011 3. Best Value Services Plan The following document was distributed for this item and is on file in the Office of the City Clerk. • Best Value Services Plan , Power Point Presentation, September 20, 2011. Staff Member Presenting: Cynthia Haas, Deputy City Manager. Ms. Haas gave the presentation regarding the proposed Best Value Services Plan, explaining how managed competition could fit into Carlsbad's efforts to provide high quality services at the lowest cost to taxpayers. She also outlined the proposed phases of the plan as follows: « Phase 1 - Initial Screening - Select the major services to be assessed. • Phase 2 - Operational Assessment - Determine if services are candidates for managed competition or alternate delivery model. • Phase 3 - Managed Competition - Determine the best value provider for service. • Phase 4 - Performance Management - Ensure effective delivery of services. Council Member Blackburn commented about questions he had received regarding the City evaluating contracting for safety services (both Police and Fire). Council Members noted that contracting for safety services had not been discussed as part of the Plan. Deputy City Manager Haas continued with the presentation, explaining the proposed use of outside experts to assist with the initial screening, operational assessments, and preparing and evaluating Requests for Proposals. She also presented cost estimates for such services, and proposed timelines for implementing each phase (contained in PowerPoint presentation). Ms. Haas also presented options for including public involvement in the process, through the appointment of a five member committee, if Council determined it appropriate. Council Members discussed the need for fairness and transparency throughout this process. Council Member Blackburn requested that any citizen appointments follow the established processes, requiring the nomination by the Mayor and approval of the Council. City Attorney Ball stated that the proposed timeline should be revised to add Meet and Confer, as required, with any affected employee groups. By consensus, the Council agreed that the Best Value Services Plan, as presented, be implemented, and that the determination regarding public involvement be made at a later date. Council Member Douglas requested that, when this matter is brought back, Council consider increasing the size of the committee. Council Member Blackburn requested that details regarding the Plan be provided as quickly as possible to all employees. Mayor Pro-Tern Kulchin requested that information provided to employees also be given to the Council to assist them in responding to questions. City Council Workshop September 20, 2011 City Manager Hildabrand reported that this information has been provided to members of the Strategic Change Team, and will also be shared with all other employees, both through communications and meetings. ADJOURNMENT TO JOINT SPECIAL MEETING OF THE CARLSBAD CITY COUNCIL AND HOUSING AND REDEVELOPMENT COMMISSION; Mayor/Chairman Hall convened the Joint Special Meeting at 1:00 p.m., with five members present. REQUESTS TO SPEAK: Kerry Siekmann addressed the Commission, in opposition to the proposal by NRG to eliminate Conditions Land-2 and Land-3, which would require the elimination of the existing Encina Plant. 1. Housing & Redevelopment Commission Finding Regarding Proposed Conditions for Second Power Plant: and 2. Update on California Energy Commission Proceedings Regarding a Second Power Plant. City Attorney Ball presented the report as contained in his memoranda to the City Council and Housing and Redevelopment Commission, dated September 19, 2011, and in Housing & Redevelopment Commission Resolution No. 513. (Copies on file in the City Clerk's Office). Mr. Ball explained that NRG at a recent hearing proposed to eliminate Conditions Land-2 and Land-3, which require the demolition and remediation of the existing Encina Power Station. He also explained that, since the request was made without prior notice to the other parties, the hearing officer has requested additional comments by September 23, 2011. On motion by Packard, the Commission adopted the following: RESOLUTION NO. 513. CONSIDERING PROPOSED CONDITIONS FOR A SECOND POWER PLANT PROPOSED BY NRG AND PROVIDING COMMENTS TO THE CALIFORNIA ENERGY COMMISSION AND THE ASSIGNED COMMITTEE. AYES: Hall, Kulchin, Packard, Douglas, Blackburn NOES: None ABSTAIN: None ADJOURN JOINT SPECIAL MEETING AND CONVENE REMAINDER OF CITY COUNCIL WORKSHOP: Mayor Hall reconvened the City Council Workshop at 1:25 p.m., with five members present. 4. Discussion re Efficiency and Effectiveness: None. 5. Council Priorities: Ms. Hildabrand passed out the Council Priority Project Worksheet and explained its format. This worksheet, dated September 20, 2011, is on file in the Office of the City Clerk. City Council Workshop September 20, 2011 Council asked for updates on the following projects: • Car Country Carlsbad Working Group • Westfield Lease and Project Review • Alga Norte Community Park • Prop D Implementation Council Member Douglas requested that Council consider establishing a policy to give priority to local businesses in the bid process. 6. Discussion of Feedback and Communications: None Mayor Hall adjourned the meeting at 1:30 p.m. «tz, Assistant City Cle! 9/19/2011 Reemployment of Retired Annuitan ts Julie Clark September 20, 2011 '^-', •" t^-V Two Distinct Post-Retirement Reemployment Methods CALPERS Retired Annuitant - Govt. Code CalPERS rules and regulations Independent Contractor - Purchasing Ordinance -IRS Regulations - Cargill case 9/19/2011 ^i Temporary Employment of Retired PERS Members General Rule: Retiree receiving PERS retirement allowance is not permitted to work for...a PERS contracting agency without first being reinstated However... There are always exceptions to every rule! Statutory Exceptions -Governing board of contracting agency: • Leave of absence of regular employee exception :•• Litigation exception Special skills or to prevent stoppage of work (21221(h)) exception • * ,-* CARLSBAD !jfci*"~~~ 9/19/2011 Statutory Exceptions (cont.) sf. CalPERS: :• "Special position" exception •••Disability retirement exception Statutory Exceptions (cont.) "Appointing power" of public agency: • Special skills or to prevent stoppage of work (21224) exception • •' > tV ". CARLSBAD v •'-../£ ^'TSfc* 9/19/2011 . '- Ifce of Retired Annuitants Workload spikes Work-related injuries Maternity leaves Vacations Hard to fill positions Background investigations Limited term special projects Retired Annuitants Working Under the 21224 Exception Can be: • Working up to 960 hours in ^ a fiscal year ?• On call, as needed ?|» Used for supplemental, * seasonal type work ]• Used to fill gaps for regular j employees I* Used for special projects Cannot be: • Working on a continual basis • Working in a regular, part- time position .... <«Mfei CARLSBAD i!/f *'*& 9/19/2011 Cost Comparison Example EXAMPLE: BACKGROUND INVESTIGATIONS Retired annuitant Hourly rate Hours/year Annual cost $ 25.00 1918 $ 47,950 -, Hourly private investigator $ 125.00 1918 $ 239,750 *.*?. • "<<"i"..- | Assumption: f External investigator would use the same number of hours "on an annual basis as a retired annuitant. >..,1.t .« Council Policy Options Follow CalPERS rules and regulations and state; law without a formal policy : Adopt a policy to formalize the City Council's intent to follow existing rules and regulations Adopt a policy to make the rehiring of retired annuitants more restrictive 9/19/2011 More Restrictive Policy Options Prohibit the reemployment of retired annuitants Reduce the number of hours that can be worked in a fiscal year to < 960 Limit the number of fiscal years that can be ;'-i worked '"':4:?.'-1« Impose a waiting period between the date of i. I retirement and the date of rehire Separate Council Policy Follow CalPERS regulations Demonstrate transparency Standardize the way all retired annuitants will be treated Provides a way to customize city's practices if we want to make them more restrictive City is already in compliance with CalPERS rules and regulations Regulations governing this issue are extensive and subject to change May open city up to legal challenge if regulations change and we are not complying with our policy 9/20/2011 Best Value Services Plan City Council Workshop September 20, 2011 Background • Transition to build out • On-going commitment to quality and value • Changing economic environment • Greater government transparency • New government service delivery models Research Quantitative and qualitative research studies conducted by other cities and trade organizations Academic research Articles from newspapers and trade publications Case studies from other cities and public agencies White papers compiled by industry experts Interviews with representatives of cities 9/20/2011 Research Findings Current Status •^Research ^Initial City Council Workshop ^Department/Management Meetings ^Document Lines of Business/Major Services across the city ^Developed framework for Best Value Services Plan >City Council Workshop Assumptions Maintain current, high quality service levels Independent third party expertise where appropriate Consistent methodology for cost analysis Internal and external providers will be able to compete Meet and confer considerations Process will be refined/improved overtime 9/20/2011 Best Value Services Plan Phase I Phase 2 Phase 3 Best Value Services Plan Phase I Phase 1: Initial Screening Purpose: To select Lines of Business/Major Services for operational assessment 9/20/2011 Best Value Services Plan Phase I Phase 2: Operational Assessment • Purpose: Determine if Line of Business/Major Service is a candidate for managed competition or alternative delivery model Best Value Services Plan Phase I Phase 2 9/20/2011 Best Value Services Plan Phase I Phase 3: Managed Competition Purpose: Determine the best value provider for the Line of Business/Major Service Best Value Services Plan Phase I Phase 2 Phase 3 9/20/2011 Phase 4: Performance Management Purpose: to ensure the effective delivery of services Best Value Services Plan Phase I Best Value Services Plan Phase 2 9/20/2011 Outside Experts Phase 1: Initial Screening — Assist city team in evaluation/confirmation of candidate(s) Phase 2: Operational Assessment — Assist city team in determining current service levels and outcomes - Develop/conduct cost and quality analysis and prepare report and recommendations - Assist city team in reporting recommendations to City Council, city management and staff Outside Experts Phase 3: Managed Competition - Assist city team in preparing RFP - Assist city team in evaluating proposals - May assist in development of implementation plan(s) Cost estimate: - $10K to $25K for screening/cost methodology - $25K to $50K for assessments/evaluation Public Involvement • Not Required -May provide higher level of transparency and legitimacy to the process -If scope too broad or size too large, could add time to the process 9/20/2011 Public Involvement Options • 5 Member Committee • 2 Community Members • 2 Staff Members • City Manager • Community participant selection process — Development of criteria for selection of community members - Nomination by City Council/final selection by Mayor Best Value Services Plan Public Involvement Option Phase I Phase 2 Phase 3 Timeframe Phase 1 Initial Screening - completed by end of January 2012, includes selection of 1st group of candidate(s), experts, and community participants (if desired) Phase 2 Operational Assessment - completed in 2-4 months, including cost and quality analysis, report and recommendations Phase 3 Managed Competition - completed in 6-9 months, including readiness period, RFP, selection of service provider Implementation - Time would depend on service and provider selected 9/20/2011 City Council Direction • Initiate Best Value Services Plan as presented and direct staff to begin implementation • Public Involvement • None • 5 Member Committee Option • Other Ideas Questions Best Value Services Plan Phase I Phase 2 Phase 3 Phase 4 C I T Y O F Council Priority Projects CARLSBAD FY 11/12 Priority Goal/Project Title Status Responsible Dept.Team Leader Current Milestone Complete Estimated Project Completion ECONOMIC DEVELOPMENT * * * Partner with property owners in the Village to create a "Main Street" type program to spur local investment and foot traffic. Launch a business attraction and retention program. Streamline city processes to support faster turnaround times & more efficient handling of business requests: - Development Review Process Recommendations - Prop D Implementation - CCC Process - Business License Process Streamline - Car Country Carlsbad Working Group CURRENT MILESTONE: H&R Commission appointmented five citizens to sub-committee at 8/23/11 Workshop. Sub-committee will assemble and evaluate proposals. NEXT MILESTONE: Recommend preferred proposal to H&R Commission and obtain approval to negotiate contract scope of services. CURRENT MILESTONE: Outreach visits ongoing; 2 of 12 leadership visits complete; 7 of 50 staff visits complete; have met with 7 companies considering expansion in, or relcation to Carlsbad. NEXT MILESTONE: Develop list of target type companies for attraction & develop a communication outreach strategy. Complete Tech Incubator RFP selection. CURRENT MILESTONE: Title 20 CMC amendments for Vesting TM's Ordinance Adoption scheduled for 09-13-11 CC Hearing. "Decision Making Level" proposed amendments out for public review. NEXT MILESTONE: Schedule "Decision Making Level" amendments for PC and CC hearing. Submit LCPA CMC Amendments to CCC. CURRENT MILESTONE: LCPA application submitted to California Coastal Commission in 07/11. Achieve "complete status" on LCPA submittal to CCC by September 2011. NEXT MILESTONE: LCPA scheduled for CCC Hearing. CURRENT MILESTONE: Initial meeting held, working on process flow and identifying best practices. NEXT MILESTONE: Identify improvement and streamline measures. CURRENT MILESTONE: Staff working on work program schedule and cost estimates for CC consideration in 2nd Quarter FY 11/12. NEXT MILESTONE: Work program schedule and cost estimates to CC for consideration by end of 2nd Quarter FY 11/12. CM CED CED CED CED CED J.Coates K. Dodson G. Barberio G.Barberio K. Dodson G. Barberio Oct. 2011 Oct. 2011 Sept. 2011 Sept. 2011 Sept. 2011 Dec. 2011 Jan. 2012 June 2012 Dec. 2012 Dec. 2012 June 2012 June 2012 * = FY 11/12 Priority 9/20/2011 1 of 7 Council Priority Projects 4 •£ CITY OF > CARLSBAD FY 11/12 Priority * * Goal/Project Title Expand the amount and quantity of useful city information available to businesses: - Economic Development Communications Plan - Development Services Manager Communications Plan Proposed Power Plant - Power Plant State permitting - Power Plant Land Use Amendments Westfield Lease and Project Review Envision Carlsbad Phase II - General Plan Update Status CURRENT MILESTONE: Website updated, Broker's Forum held 9/8/11, property search tool has gone live on website, second e-newsletter sent, planning Isis opening media blitz. NEXT MILESTONE: Develop Biomed company attraction communication outreach piece by 12/11. CURRENT MILESTONE: CBJ article ran in September edition. "How to" guide for homeowners and developers completed and posted to web and available at Dev Services counter. Development of video explaining the role of the Development Services Manager underway. NEXT MILESTONE: Video completed and available in October. Update website pages to provide clear information. CURRENT MILESTONE: EPA Review. NEXT MILESTONE: Regional Water Quality Control Board NPDES Permit. CURRENT MILESTONE: Draft text changes considered by PC considersation on 09/07/11 and CC consideration on 09/27/11. Final report on moritorium to CC on 09/27/11. NEXT MILESTONE: CC hearing in Sept. CURRENT MILESTONE: Finalize lease deal points with Westfield. City Attorney coordinating w/Westfield NEXT MILESTONE: Return to Council in closed session to review final deal points. CURRENT MILESTONE: Task 2 - Draft Land Use Alternatives presented to ECS on 08/10 and PC on 08/17. Two community workshops on land-use alternatives in November, web feedback Nov/Dec. NEXT MILESTONE: Report to PC & CC results of alternative analysis and community feedback, February 2012. Responsible Dept. CED CED PEM CED PEM CED Team Leader K. Dodson M. Peterson J.Garuba D. Neu J. Garuba G. Barberio Current Milestone Complete Sept. 2011 Oct. 2011 TBD Sept. 2011 Nov. 2011 Nov. 2011 Estimated Project Completion June 2012 June 2012 TBD Dec 2013 TBD Dec. 2013 * _= FY 11/12 Priority 9/20/2011 2 of 7 CITY OF Council Priority Projects CARLSBAD FY 11/12 Priority Goal/Project Title Status Responsible Dept.Team Leader Current Milestone Complete Estimated Project Completion FINANCIAL HEALTH * * * * Streamline city operations to ensure balanced budget & most efficient use of resources: Complete a plan to maximize the value & use of city- owned real estate Implement golf course operational improvements to reduce operating subsidies Public/Private Salary Survey Constituent Relationship Management Program Maintenance and Operations Center Construction Desalination Plant Review Human Capital Management System CURRENT MILESTONE: Presentation of draft Best Value Services plan at 9/20 City Council workshop. NEXT MILESTONE: Revise plan as directed and begin implementation. CURRENT MILESTONE: Retain financial property consultant and initiate highest and best use analysis. NEXT MILESTONE: Prepare draft report. CURRENT MILESTONE: 18th hole green design. NEXT MILESTONE: 18th hole green construction. Tentative October Council Workshop to discuss dedicated players lounge. CURRENT MILESTONE: September 2011-Meet with City Manager to outline scope of the project. NEXT MILESTONE: November 2011-Select compensation consulting firm to assist on the project CURRENT MILESTONE: Release RFP for CRM solution. NEXT MILESTONE: Evaluate CRM proposals and negotiate with vendor; secure services of external project manager. CURRENT MILESTONE: Retain consultant to prepare performance specifications and authorize design-build process. NEXT MILESTONE: Prepare performance specifications and bridging documents and authorize solicitation for design-builder. CURRENT MILESTONE: City Council to consider approving agreement with CWA on 9/13 NEXT MILESTONE: Enter Reimbursement Agreement with Poseidon. CURRENT MILESTONE: Finish parallel testing. NEXT MILESTONE: Go live with all of Phase 1 deliverables no later than January 1, 2012. CM PEM PARKS & REC HR LIBRARY PEM UTILITIES HR CMT D. Mauser C. Hazeltine J.Clark D.Curtis P.McGarry G. Pruim J. Clark Sept. 2011 Oct. 2011 Dec. 2011 Sept. 2011 Sept. 2011 Nov. 2011 Sept. 2011 Sept. 2011 Ongoing Jan. 2012 Apr. 2012 TBD Oct. 2012 March 2015 Sept. 2011 TBD * = FY 11/12 Priority 9/20/2011 3 of 7 CITY OF Council Priority Projects CARLSBAD FY 11/12 Priority Goal/Project Title Hydro Electric Project Labor Negotiations Status CURRENT MILESTONE: Select preferred equipment provider and obtain Council direction on whether to proceed with project based on latest information. NEXT MILESTONE: Finalize design, obtain FERC approval and advertise project. CURRENT MILESTONE: 2nd tier for all miscellaneous employees approved by City Council. NEXT MILESTONE: Begin negotiations with Carlsbad Police Management Association and Carlsbad Fire Association. Responsible Dept. UTILITIES HR Team Leader B. Plummer J. Clark Current Milestone Complete Sept 2011 Oct. 2011 Estimated Project Completion Sept. 2012 Dec. 2011 TRANSPORTATION AND CIRCULATION * * Improve traffic flow by upgrading & synchronizing all traffic signals on major thoroughfares throughout the city, beginning with Palomar Airport Road and El Camino Real. Install lighted, pedestrian friendly crosswalks along Carlsbad Boulevard in the Village & other areas with heavy foot traffic. La Costa Avenue Traffic Calming CURRENT MILESTONE: Install equipment and connect to TMC on ECR & PAR. NEXT MILESTONE: Implement Phase 2 to install equipment on remaining primary corridors. CURRENT MILESTONE: Prepare staff report outlying ped crossing options. NEXT MILESTONE: Present staff recommendations to TSC. CURRENT MILESTONE: Submit community vision plan for La Costa Ave. for Council consideration. NEXT MILESTONE: Depends on Council direction. TRANSPORTATION TRANSPORTATION TRANSPORTATION D.Bilse Bryan Jones D.Bilse Dec. 2011 Oct. 2011 Oct. 2011 7/2013 12/2012 TBD PARKS, OPEN SPACES AND TRAILS * Alga Norte Community Park: - Finalize Alga Norte Park operating plan - Construct Alga Norte Park CURRENT MILESTONE: RFP draft currently being reviewed and will be distributed in October 2011. NEXT MILESTONE: Pre-submittal meeting November 2011. CURRENT MILESTONE: Retain Bridging Consultant and obtain Council approval for Design/Build Process NEXT MILESTONE: Prepare performance specifications and bridging documents and obtain Council authorization for solicitation of design-build contractor PARKS & REC PEM C. Hazeltine D. Mauser Sept. 2011 Sept. 2011 Jan. 2012 Nov. 2014 = FY 11/12 Priority 9/20/2011 4 of 7 C I T Y O F Council Priority Projects CARLSBAD FY 11/12 Priority * * Goal/Project Title Create new coastal land for recreation & economic development by completing land exchange w/ the state for the Manzano property & realigning Carlsbad Blvd.: - Carlsbad Blvd. Preliminary roadway design and environmental review to facilitate land exchange Expand the amount of open space & trails in the city through active monitoring of potential acquisition sites and partnering with others, where possible, to leverage taxpayer funds. - Lake Calavera Master Plan Implementation Landscape improvements to Pine Park (Madison Property) New restrooms at Pine Park Status CURRENT MILESTONE: Complete appraisal of lands. NEXT MILESTONE: Identification of lands to be exchanged. CURRENT MILESTONE: Submit PSA contracts for CC consideration. NEXT MILESTONE: Consultants update land exchange schedule. CURRENT MILESTONE: Staff continues to explore potential open space acquisition and partnerships as opportunities become available. Council recently approved purchase & agreement for 30 acres of county gnatcatcher Core Area Conservation Credits (AB 20,637). (formerly known as Perkins Property) NEXT MILESTONE: Scheduled second of on-going quarterly meetings with appropriate staff. Staff is scheduling improvements for trail acceptance of 1.25 miles of trail easement in Santa Fe Trails in SE Carlsbad near Encinitas and La Costa Canyon H.S. CURRENT MILESTONE: Complete construction documents. (Note: will continue to make improvements to upland trails while awaiting agency permits). NEXT MILESTONE: Start construction of boardwalk (contingent on agency permit success). CURRENT MILESTONE: Construction underway. NEXT MILESTONE: Project complete. CURRENT MILESTONE: Prepare plans and specifications. NEXT MILESTONE: City Council to authorize bid. Responsible Dept. CM TRANSPORTATION PARKS & REC PARKS & REC PARKS & REC PARKS & REC Team Leader C.Haas S. Hammann C. Hazeltine L Ketabian M. Steyaert M. Steyaert Current Milestone Complete Sept. 2011 Oct. 2011 Oct. 2011 Nov. 2011 Sept. 2011 Oct. 2011 Estimated Project Completion Ongoing July 2013 Ongoing May 2012 Oct. 2011 Aug. 2012 BALANCED COMMUNITY DEVELOPMENT * Housing Element Program Implementation CURRENT MILESTONE: Amendments to HE to update timelines as directed by court order in Friends of Aviara lawsuit approved by CC on 07/26; F of A has appealed court decision. Program 2.1 amendments (minimum density/mixed-use) to PC in Nov, 2011. NEXT MILESTONE: Implement various programs in adopted Housing Element. CED D. de Cordova Nov. 2011 Apr. 2013 * _= FY 11712 Priority 9/20/2011 5 Of 7 C I T Y O F Council Priority Projects CARLSBAD FY 11/12 Priority Goal/Project Title Status Responsible Dept.Team Leader Current Milestone Complete Estimated Project Completion ENVIRONMENTAL MANAGEMENT Agua Hedionda dredge project Solid waste strategy and contracts Vista-Carlsbad interceptor Sewer Master Plan CURRENT MILESTONE: Secure agency permits and approval of mitigation plan. NEXT MILESTONE: Council approve plans and authorize project advertisement. CURRENT MILESTONE: Prepare long term collections and disposal draft agreements with WM and Allied. NEXT MILESTONE: Approval of agreements by Council. CURRENT MILESTONE: Planning Commission Approval of Mitigated Negative Declaration and associated permits. NEXT MILESTONE: Council approval of MND and associated permits, resolve outstanding utility issues, acquire necessary easements. CURRENT MILESTONE: Complete Encina Canyon Multi-Agency Relief Sewer Study. NEXT MILESTONE: Integrate above study into Sewer Master Plan, prepare required PEIR and incorporate information into CIP and replacement funding program. UTILITIES UTILITIES UTILITIES UTILITIES G. Pruim C. Ruess T.Smith T.Smith Mar. 2012 Oct. 2011 Oct. 2011 Sept. 2011 Nov. 2012 Jun.2012 May 2013 Apr. 2012 SAFE COMMUNITY Joint First Responders Training Facility (JFRTF): - Construct JFRTF - Prepare Operations Plan Fire Station 3 relocation CURRENT MILESTONE: Under construction - completion scheduled for 1st Qtr. 2012. NEXT MILESTONE: Deliver project to owner for operation. CURRENT MILESTONE: Approve consultant contract and begin preparation of Operations Plan. NEXT MILESTONE: Prepare draft operations plan. CURRENT MILESTONE: Complete the design. NEXT MILESTONE: Obtain Council approval to issue plans & specs for bid. TRANSPORTATION PEM PEM P. Vaughan D. Mauser P.McGarry Mar. 2012 Sept. 2011 Aug. 2012 Mar. 2012 Mar. 2012 Summer 2013 * = FY 11712 Priority 9/20/2011 6 of 7 C I T Y O F Council Priority Projects CARLSBAD FY 11/12 Priority Goal/Project Title Status Responsible Dept.Team Leader Current Milestone Complete Estimated Project Completion WATER Water Master Plan Recycled Water Master Plan Recycled Water Phase III Feasibility Study and North County Cooperative Use Project CURRENT MILESTONE: Complete Draft Master Plan. NEXT MILESTONE: Prepare required PEIR and incorporate information into CIP and replacement funding program. CURRENT MILESTONE: Complete Draft Master Plan. NEXT MILESTONE: Prepare required PEIR and incorporate information into CIP and replacement funding program. CURRENT MILESTONE: Complete Phase ill Feasibility Study. NEXT MILESTONE: With Council approval, select preferred project, apply for grants/loans, obtain agreements/letters of intent from recycled water purchase partners. UTILITIES UTILITIES UTILITIES B. Plummer D.Ahles D.Ahles Sept. 2011 Sept. 2011 Oct. 2011 Apr. 2012 Apr. 2012 Apr. 2012 * = FY11/12 Priority 9/20/2011 7 of 7 <^U^ For the Information of the members of the £~Jy .— . _. . — Housing & Redevelopment Commission re: Agenda Item #1 CARLSBAD September 19, 2011 To: HOUSING AND REDEVELOPMENT COMMISSION From: CITY ATTORNEY Subject: SPECIAL MEETING OF SEPTEMBER 20, 2011 - UPDATE OF CALIFORNIA ENERGY COMMISSION COMMITTEE PROCEEDINGS ON THE PROPOSED SECOND POWER PLANT IN THE SOUTH CARLSBAD COASTAL REDEVELOPMENT AREA This special meeting of the Housing and Redevelopment Commission is necessary as a result of a request for comments by the assigned committee of the California Energy Commission (CEC) on, among other things, whether or not a redevelopment permit would be issued by the Housing and Redevelopment Commission without conditions Land-2 and Land-3. The deadline for comments is 5:00 p.m. on Friday, September 23, 2011. Attached as Exhibit 1 to this memorandum is a copy of the hearing officer's memorandum of Wednesday, September 14, 2011. But for the paramount jurisdiction of the CEC, this commission would be required to issue a redevelopment permit for the Project. At the hearing in Sacramento on September 13, 2011, the applicant, NRG, asked for relief of conditions which it proposed a few months previously because it had now determined they were too expensive. Those conditions are known as Land-2 and Land-3 and basically would require demolition and remediation of the existing Encina Power Station. Copies of those proposed conditions are attached as Exhibit 2. Since, as the hearing officer noted, this request by NRG was made without notice to the other parties, he has requested additional comments by September 23, 2011. Even though the CEC has paramount jurisdiction for the licensing of power plants exceeding 50 megawatts, it must respect and consider local laws and regulations before it exercises that paramount jurisdiction and then may override local law but only when it makes the additional findings that the project is necessary despite a conflict with the local law due to public convenience and necessity and there are no better feasible alternatives. City Attorney 1200 Carlsbad Village Drive Carlsbad, CA 92008 I 760-434-2891 760-434-8367 fax www.carlsbadca.gov Page 2 If the Housing and Redevelopment Commission possessed jurisdiction to consider NRG's application for a second power plant to be located between 1-5 and the railroad tracks, it would be issuing that redevelopment permit under the South Carlsbad Coastal Redevelopment Plan adopted in 2000 and amended in 2005. Among other things, a proposed project in this redevelopment area must further the goals of the Redevelopment Agency to eliminate blight. The Redevelopment Commission recently approved such a finding for the Wavecrest Resort and Hotel which is now under construction. The Housing and Redevelopment Commission determined that a first class, high-quality hotel on a formerly underutilized property would help eliminate blight. The purpose of a redevelopment project area within a city or county is to eliminate blight in that area. The Housing and Redevelopment Commission determines whether or not a proposed project will do that and, if so, may issue a redevelopment permit with conditions. In the South Carlsbad Coastal Redevelopment Project area which basically runs south from Agua Hedionda Lagoon to the southern city limits and includes the proposed project, it must make this finding for electrical generation projects that it serves an extraordinary public purpose within the area. For certain specific uses the Housing and Redevelopment Commission requires that those uses serve an extraordinary public purpose. Among those uses were desalination projects and projects for the generation of electrical energy. This Commission has made the finding of an extraordinary public purpose for the desalination plant (Housing and Redevelopment Commission Resolution Number 420, adopted on June 13, 2006). Among other things, the extraordinary public purpose was served by the safe, reliable and secure local water supply at a favorable price, a class-A looking office building housing the desalination plant, and the dedication of land and resources over and above what would normally be required from any other redevelopment project. On June 15, 2011 and again on June 30, 2011, the California Energy Commission considered the recommendation of the Committee that the siting of a second proposed power plant with the inclusions of Land-2 and Land-3 would present extraordinary public benefits in the South Carlsbad Coastal Redevelopment Plan. The Commission was not convinced that it should license the proposed project and remanded the case for reconsideration by the Committee (attached is a copy of that order dated June 30, 2011). Under that order, the committee was to take additional evidence and hold additional hearings and to consider among other things those issues associated with Page 3 conditions Land-2 and Land-3 and their environmental impacts. The Committee may still do that, however, as explained above, in an "unnoticed motion" NRG has requested relief from these conditions. Based on direction from the Committee, the applicant proposed conditions Land- 2 and Land-3 as a way to satisfy this finding. It did not submit it to the Housing and Redevelopment Commission but instead submitted it to the assigned committee of the Energy Commission. City staff has opined that, the future demolition and remediation of the existing Encina power station would eliminate a blighting condition. However, the construction of a new power plant would present a new blighting condition since it would perpetuate an industrial use in a coastal area better served by other redevelopment projects that would enhance the use and enjoyment of coastal resources to the betterment of Carlsbad citizens. However, if the CEC were to issue a license for the construction of the proposed power plant, it would assist in eliminating blight if the existing Encina power station were removed and land remediated. This does not, however, constitute an extraordinary public purpose since the proposed project does not provide any benefits over and above those normally required such as additional land dedications or additional funds that would be used to further eliminate blight. Attached to this memo is a staff report further explaining the background of this issue. Therefore, it is recommended that the Housing and Redevelopment Commission adopt Resolution No. 513 finding that the proposed 2nd power plant, without proposed conditions Land-2 and Land-3 is not sufficient to eliminate blight and to serve an extraordinary public purpose. y yours Ronald R. Ball CITY ATTORNEY cc: City Clerk City Manager Available for public distribution Ron Bali .,n,mm_u.umm.mm..1..^_ ..._..—____—_. From: Paul Kramer <Pkramer@energy.state.ca.us> Sent: Wednesday, September 14, 2011 4:30 PM To: Gloria Smith; mdjoseph@adamsbroadwell.com; siekmann1@att.net; e-recipient@caiso.com; Joe Garuba; Ron Ball; megan.sebra@ch2m.com; robert.mason@ch2m.com; allanori@comcast.net; William Rostove; Docket Optical System; Dick Ratliff; Jim Boyd; Marlena Elliott; Mike Monasmith; Public Adviser's Office; Paul Kramer; Sarah Michael; Tim Olson; george.piantka@nrgenergy.com; Jennifer Hein; tim.hemig@nrgenergy.com; rob@redwoodrob.com; powerofvision@roadrunner.com; John McKinsey; aprilsommerlaw@yahoo.com Cc: Galen Lemei; Karen Douglas Subject: Solicitation of Written Comments following Sept 13 Carlsbad Committee Conference Carlsbad Parties: During the September 13, 2011 Committee Conference discussion of the schedule going forward, the Applicant said Conditions LAND-2 and LAND- 3 relating to the demolition and removal of the existing Encina power plant would make it difficult, due to financial considerations, to build the Carlsbad Energy Center Project. It asked that the Committee first consider whether to recommend the removal of Conditions LAND-2 and LAND-3; depending on the Committee's answer, it would then decide whether to further pursue the project. As this request was first made during the Committee Conference without time for the parties to consider and prepare responses, the Committee is allowing additional time for all parties to file written comments to supplement those made during the Conference. We invite the parties and members of the public to comment regarding the appropriate response to the Applicant's request. In addition, we invite comments on the schedule going forward if we are to proceed with further evidentiary hearings, including the appropriate time intervals between deliverables such as the Applicants testimony, other parties* testimony, Prehearing Conference, etc., and any vacations that you have planned. The deadline for submitting your additional written comments is 5:00 p.m. on Friday, September 23, 2011. File with the Commission's Dockets Unit and serve them on the Proof of Service List as you would any other document. A revised Proof of Service List will be out shortly to include newly appointed Associate Member Commissioner Douglas and her Adviser, Galen Lemei. Following review of the written comments, the Committee will issue an order or take other action as it deems appropriate. i Exhibit 1 Paul Kramer Hearing Officer Carlsbad AFC Committee power plant located to the west of the rail corridor with a plant to the east of the corridor, further from the shoreline. The CECP furthers a Plan Goal to 'Tflacilitate the redevelopment of the Encina Power Generating Facility to a physically smaller, more efficient power generating plant." ^ / .; 9. The CECP is consistent with the PU zoning applied to the CECP site, which allows the "generation and transmission of electrical energy" subject to approval of a Precise Development Plan. This Commission approval serves as the equivalent of a Precise Development Plan approval. 10. The City's urgency ordinance placing a moratorium on the processing of permits for power plants in the coastal zone does not apply to the Energy Commission. 116. The CECP is compatible with surrounding land uses and will not result in any unmitigated public health or environmental impacts to sensitive receptors. 122. With implementation of Conditions of Certification LAND-1 . LAND-2 and LAND- 3j the CECP's contribution to cumulative impacts of existing and proposed projects will not be cumulatively considerable. 50. Land Use, p. 26, add new Conditions LAND-2 and LAND-3, as follows: LAND-2 On or before January 1. 2016. the project owner shall prepare and ; ' submit a Demolition. Removal, and Remediation Plan (PRRP) to the CPM. the City of Carlsbad, and the Carlsbad Redevelopment Agency. The PRRP shall propose the process, schedule, and legal reguirements for the demolition, removal, and remediation of the Encina Power Station (Units 1 through 5). associated structures, the black start unit and the exhaust stack. As part of completion of the DRRP. project owner shall consult with the California Energy Commission, the California Coastal Commission, the City of Carlsbad, the Carlsbad Redevelopment Agency, the San Diego Regional Water Quality Control Board, the San Diego Air Pollution Control Board, and the California Independent System Operator to ensure the DRRP best reflects the procedural and substantive requirements that will apply to the site. On or before January 1. 2017. project owner shall prepare and submit to the CPM. the City of Carlsbad, and the Carlsbad Redevelopment Agency, a study of the estimated costs associated with implementing the DRRP. Project owner shall demonstrate, to the CPM's satisfaction, fiscal capability to implement the DRRP prior to commencement of demolition activities. Such demonstration could be accomplished by 33 Exhibit 2 submittal of a financial plan, deposit of funds into a dedicated account, or any combination thereof. Concurrent with submittal of the DRRP. or by a date mutually agreed to by project owner and the Carlsbad Redevelopment Agency, project owner shall initiate the process with the Carlsbad .-' Redevelopment Agency for redeveloping the existing Encina Power Station area of the project by submitting a redevelopment application. Verification: On or before January 1. 2016. project owner shall provide the DRRP to the CPM for review and approval and to the City of Carlsbad, the Carlsbad Redevelopment Agency, and the California Coastal Commission for review arid comment. The City of Carlsbad and the Carlsbad Redevelopment Agency shall provide comments on the DRRP to the CPM and project owner within 60 days or a date mutually agreeable to project owner and the City of Carlsbad and the Carlsbad Redevelopment Agency. On or before January 1. 2016. project owner shall submit to the CPM evidence that the redevelopment process with the Carlsbad Redevelopment Agency for redeveloping the Encina Power Station site has begun or shall submit to the CPM evidence of a later mutually agreed upon date by project owner and the Carlsbad Redevelopment Agency to begin the redevelopment process. On or-before January 1. 2017. project owner shall submit the results of the study on estimated costs of implementing the DRRP to CPM for review and approval and to the City of Carlsbad and the Carlsbad Redevelopment Agency for review and comment. The City of Carlsbad and the Carlsbad Redevelopment Agency shall provide comments on cost estimate to the CPM and project owner within 60 days or a date mutually agreeable to the project owner and the City of Carlsbad and the Carlsbad Redevelopment Agency. *The project owner shall report to the CPM on June 30. 2012 and every June 30 thereafter until notified by the CPM that reports are no longer reguired. as to the progress made toward satisfaction of this Condition and Condition LAND-3. The reports shall include all relevant information, including an assessment of the factors which continue to reguire that any or all of Units 1 through 5 and the black start unit remain operational. LAND-3 On or before July 1. 2016. project owner shall submit applications for reguired permits and approvals for demolition, removal, and remediation of the Encina Power Station (Units 1 through 5). associated structures, the black start unit and the exhaust stack. Upon the commencement of commissioning activities of the project, project owner shall request permission from the California Public 34 Utilities Commission (CPUC) to permanently shut down Units il through 5 at the Encina Power Station and the black start unit. Within six months following the shutdown of Units 1 through S at Encina Power Station and the black start unit pursuant to the above CPUC approval, and in compliance with all permits and approvals necessary to perform such activities, project owner shall commence , demolition, removal, and remediation of the Enci na Power Station (Units 1 through 5). all associated structures, the black start unit and the exhaust stack. Verification: Project owner shall provide evidence to the CPM. not later than . September 1. 2016, of the submitted of permit and approval applications to required agencies for the demolition, removal and remediation. Within six months following approval by the CPUC. project owner shall demonstrate to the satisfaction of the CPM that it has shut down Units 1 through 5 of Encina Power Station and the black start unit and commenced the demolition, removal, and remediation. Concurrent with such demonstration. project owner shall also demonstrate compliance with any fiscal capability funding requirements related to the CPM's approval of the financial plan for demolition, removal and remediation in LAND-2. Within 36 months of the start of demolition, removal, and remediation, the project owner or its parent company shall demonstrate to the satisfaction of CPM that demolition and removal of the Encina Power Station Units 1 through 5. all associated structures, the black start unit and the exhaust stack and remediation of the site is complete. SOCIOECONOMICS 51. Socioeconomics, p. 5, Finding 8, revise as follows: 8. The project will have a construction payroll of approximately $54.6544 million. NOISE AND VIBRATION 52. Noise, p. 8, last partial paragraph, revise as follows: The evidence further explains that other identified projects have not progressed sufficiently to enable the performance of meaningful cumulative impacts analyses. (2/4/10 RT 261; Ex. 200, pp. 4.6-12 - 4.6-13.) For example, the noise impact, if any. from the possible future widening of I-5 is speculative and impossible to discern at the present time. The evidence indicates that the project is as much as 10 years in the future, making the estimation of traffic levels, traffic speeds, and vehicle noise emissions very inexact. Moreover, the project is still at the planning and environmental analysis stage, so there is no certainty about what kind of 35 BEFORE THE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION OF THE STATE OF CALIFORNIA 1516 NINTH STREET, SACRAMENTO, CA 95814 1 -800-822-6228 - WWW.ENERGY.CA.GOV APPLICATION FOR CERTIFICATION FOR THE CARLSBAD ENERGY CENTER PROJECT DOCKET No. 07-AFC-6 ORDER No. 11-0630-1 COMMISSION ORDER ON MOTIONS OF CENTER FOR BIOLOGICAL DIVERSITY, ROBERT SIMPSON, AND CARLSBAD ENERGY CENTER, LLC This Commission Order addresses four motions pending prior to or made during the Energy Commission's consideration of the Presiding Member's Proposed Decision (PMPD) and Errata on June 30, 2011. ORDER The Commission ORDERS the following: 1. On June 29, 2011, the Center for Biological Diversity filed a New Motion for Evidentiary Hearing regarding greenhouse gas issues, cumulative impacts and alternatives analysis including all issues related to SDG&E's application for approval of Power Purchase Agreements with three power plant projects. We GRANT the motion with respect to evaluation of the impact of the three new projects on our cumulative impacts and alternatives analysis. In addition, we REMAND the matter to the Carlsbad AFC Committee to take evidence and revise the PMPD as needed on those issues and in addition 1) issues associated with Conditions Land-2 and Land-3 and their environmental impacts, and 2) the grid reliability issues raised by the comments from CAISO during the June 30, 2011, Business Meeting. The Committee may, in its discretion, consider other issues, with or without additional hearings. 2. The Center for Biological Diversity filed a Petition for Reconsideration of the Commission's denial of its June 8, 2011 Motion to Take Official Notice and Re- Open the Evidentiary Record. The Petition is MOOT to the extent that the proposed additional evidence can be offered at the Evidentiary Hearing described above. As to evidence not relevant to those issues, if any, the Petition is DENIED. Exhibit 3 Update Report on Proceedings before the CEC on September 19, 2011 Carlsbad Energy Center Project Introduction & Background Staff of the Housing and Redevelopment Commission present this report for its consideration at its special meeting of Tuesday, September 20, 2011. F This matter concerns conformance of the NRG proposed Carlsbad Energy Center Project (CECP) with the requirements of this Commission, notably the requirement that any proposed industrial facility to be constructed in the South Carlsbad Coastal Redevelopment Area demonstrate "extraordinary pubic purpose" to the Commission. NRG filed its Application For Certification with the California Energy Commission (CEC) in September, 2007. The City of Carlsbad and Housing and Redevelopment staff reviewed the application and filed its concerns with the CEC in October 2007. To date, there has been no final decision by the Energy Commission, and a number of issues remain to be determined. On June 30, 2011, the Commission remanded the draft decision back to the Assigned Committee to take evidence on a number of matters, including impacts associated with implementing Conditions of Certification Land-2 and Land-3. Since that time, the assigned committee has determined that the parties should consider the effects of deleting these two conditions. Although there is a great deal of confusion, staff here requests this Agency to determine if the CECP, without the two conditions of certification, provides extraordinary public purpose. The Housing and Community Development Director has submitted prepared testimony and testified to the effect that the CECP did not provide sufficient benefits. Recognizing the merits of this requirement, the CEC presiding members expressed the desire for additional benefits from CECP in the proposed decision. -i- Exhibit 4 NRG then proposed two Conditions of Certification (Land-2 and Land-3) which would guarantee that the entire Encina Power Station (units 1-5) would be retired and demolished when the proposed CECP is constructed and begins operations with date certainty on several of the required actions. Unfortunately, on September 13, 2011 NRG asked that the CEC Committee if it Would withdraw its requirement of these conditions and, if so, it may withdraw its application if the Committee believes they should remain. Staff believes the CEC record will benefit from a determination on whether the CECP meets the standard of extraordinary public purpose. This staff report will give a brief review of the CEC proceedings and the history of the two Land Use conditions. It also presents and discusses the required benefits, and the benefits proposed by these conditions Finally, it compares the proposed benefits of the second power plant with the benefits obtained from Poseidon, the only other industrial development to meet the extraordinary public benefit requirement in this redevelopment area. California Energy Commission and the CECP Proposal Housing and Redevelopment Commission staff have been consistent over the course of this proceeding in defending the criteria for industrial development in the area covered by the Redevelopment Plan. Following is a brief history of this involvement: • Approximately two months after the filing of the CEC application by CECP, Carlsbad filed a 9-page "Issues of Concern" which stated the purpose of redevelopment is to "free up" property along the Pacific Ocean and create visitor serving areas. Staff pointed out that the CECP, as planned, gave no Encina units 1-5 retirement guarantee. Also, the comments pointed out that the retirement of Encina 1-3 would leave the plants in place. -2- In May of 2008 Carlsbad filed a document entitled "Land Use Information", which stated that the primary purpose of the Redevelopment Plan is to convert industrial land west of the railroad tracks to a more appropriate land use. The comments concluded that the CECP did not offer "extraordinary public purpose". The comments suggested benefits for the consideration of the CEC and CECP. These included electricity for use in Carlsbad at preferential rates and assurances of a decrease in "blackout" possibilities. Also, the CECP represents an incompatible land use and no certain date for Encina 1-5 decommissioning was given. CEC staff issued its testimony (entitled Preliminary Staff Assessment) on December 11, 2008. Staff found the CECP to be consistent with redevelopment law as zoning was consistent and Encina units 1-3 would be decommissioned. Carlsbad staff responded that the CECP would not be in conformance as it represents an enlargement, not a decrease in industrial facilities in the redevelopment area. The elimination of blight does not occur with an addition of a power plant in this area. Ms Fountain offered testimony that Housing and Redevelopment Commission Resolution 401 determined that the CECP would not be in conformance with the redevelopment plan, primarily due to the refusal of CECP to update SP 144. Ms Fountain again testified that a binding commitment to decommission and remediate the Encina 1-5 units was very important in demonstrating extraordinary public benefit. Fifteen months elapsed between the testimony and the publication of the CEC Committee's Draft Decision (entitled Presiding Member's Proposed Decision). This document revived the discussion on the extraordinary public benefit standard and clearly states its uncertainty that the CECP, as then proposed, meets that standard. -3- Conditions of Certification Land-2 and Land-3 These two Conditions of Certification were offered by NRG on June 3, 2011 and incorporated in the Revised PMPD. On September 13, 2011, NRG argued against the feasibility of these conditions, and stated it may not accept a final decision that contains the conditions, as they currently appear in the CEC's Revised PMPD. However, the issue before the Commission is whether or not the proposed second power plant without conditions land-2 and land-3 would meet the test of an extraordinary public purpose. It is of note that the Energy Commission, when it remanded this project back to the CEC committee, thought the conditions were part of the project. These conditions mandated steps leading to the demolition and remediation of the Encina 1-5 power plant and were included to satisfy the requirements of the South Carlsbad Coastal Redevelopment Plan. CECP Benefits The CECP has claimed various benefits in this proceeding. Below are listed the claimed benefits with comments provided by staff. (1) Consistency with the South Carlsbad Coastal Redevelopment Area Plan. CECP claims that the CECP is consistent with the redevelopment plan and is an authorized use under the Plan. The CECP will be a smaller, more efficient power plant which will be located on the eastern side of the railroad tracks. Staff agrees that the CECP will be smaller than the existing Encina units 1-5 and will be located east of the railroad tracks. However, we believe that the CECP is not consistent with the Plan because the Plan contemplated redevelopment of lands west of the railroad tracks for development. The main thrust of the redevelopment plan is for land uses west of the railroad tracks to be redeveloped to higher and better uses. The CECP Plan is to have two power plants in the redevelopment -4- area instead of one. This would intensify the industrial uses in the redevelopment area. The negative impacts could be ameliorated by a definitive plan to retire and demolish Encina 1-5, but NRG may not commit to such a plan. Finally, the CECP must still show that it provides "extraordinary public purpose". (2) Retirement of Encina Units 1-3. CECP will retire three of the five Encina units upon the commencement of operation of the CECP. The major benefit of this retirement would be a reduction in aquatic biota losses due to entrainment and entrapment due to the existing once-through cooling system. Staff recognizes that there will be some benefit from the retirement of these three units, but do not believe this benefit is significant. In staffs opinion, these three units will likely be retired at the end of 2017 due to the restrictions placed on certain coastal power plants by the State Water Resources Control Board. CECP has recognized that construction of the CECP cannot commence for at least a year due to the lack of an EPA approval. If construction takes 25 months, the CECP could be operational in late 2014, leaving a little over two years of aquatic biota losses. The major difficulty with this CECP claim is that the CECP would increase, not decrease, blight in the Redevelopment Area. Encina units 1-3 are housed in a massive building with a large 400 foot stack. Retirement of units 1-3 would not result in the demolition of this structure. (3) The CECP could lead to the demolition of the EPS. The entire Encina power plant could be demolished if sufficient electric capacity is available to SDG&E so that the Encina plant would not be needed. With the retirement of Encina 1-3 and the construction of the CECP, over 250 MW of additional capacity would be available to SDG&E. -5- Staff does not believe that SDG&E needs this electric capacity in order to retire the Encina power station. SDG&E filed a request with the California Public Utilities Commission on May 19, 2011 requesting that the agency approve three power purchase agreements representing about 400 MW of new capacity. SDG&E offered testimony that "the deployment of these new units will enable the retirement of OTC and other vintage generation." Additionally, and more importantly, CECP has made no commitment to retire the Encina units. CECP has indicated that they will operate Encina units 4 and 5 as long as they are profitable. Given the lack of need for this capacity, and the lack of a definite plan for the retirement and demolition of the Encina units, Staff believes that the CECP does not lead to the demolition of the EPS. (4) Local energy benefits. CECP claims that there will be local benefits, such as increased local reliability and less local pollution. Presumably, the increase of 350 MW of additional local capacity and the retirement of Encina 1-3. NRG does not offer proof that there will be increased reliability, except for whatever benefits that may come from another power plant in the area. We believe this benefit is very minor. With regard to the decrease in pollution, there will be a reduction in emissions from the retirement of Encina 1-3, but CECP, being more efficient, would likely operate more hours per year and thus there may not be any benefit. (5) Electric grid benefits. NRG claims that the California electric grid will be more efficient and that the CECP will help integrate renewable resources into the grid. Staff believes these are area-wide benefits and do not serve any purpose of the redevelopment plan. Additionally, Staff believes that these grid benefits will be provided by the three projects under review -6- bytheCPUC. Staff believes SDG&E is in the best position to determine threats to grid reliability and to contract with electric generation projects that will make the grid more efficient and assist in the integration of renewable resources. (6) Tax benefits. CECP will contribute to the local tax base. Staff is of the opinion that an alternate redevelopment project may provide greater tax increment benefits to the redevelopment agency in the long run. Although the CECP represents a sizeable investment, tax increment revenues from the CECP are likely to be less than tax revenues from a redeveloped area west of the railroad tracks. Staff does not believe this item represents any local benefit. (7) Decommissioning of oil tanks. CECP will decommission and demolish three oil tanks in order to construct the CECP. The CECP and attendant electric equipment will be constructed in the area freed-up by the removal of these tanks. Staff does not believe there are any benefits to the removal of these unused oil tanks as the CECP will be constructed in the space vacated by the tanks. There is no redevelopment benefit in replacing one industrial facility with another. Poseidon Desalination Extraordinary Public Purpose Staff here presents a brief review of the benefits provided by the Poseidon desalination project. TheCommission may want to use the Poseidon benefits as a baseline point of comparison with the CECP benefits. It is instructive that Poseidon will occupy four acres and will be housed in a class A building that is only 35 feet high. The CECP, on the other hand, will occupy 30+ acres, will have stacks 139 feet high and will be an exposed industrial facility. Poseidon offered the following benefits: -7- (1) Secure supply of potable water, at an attractive guaranteed price. This benefit is local in nature and helps secure a long-term supply of water for the city of Carlsbad. (2) Dedication to the public of the Hubbs site for the expansion of the fish hatchery (3) Dedication to the public of the fishing beach on the Agua Hedionda lagoon (4) Dedication of the bluff area on the west side of Carlsbad Boulevard for recreational and coastal access purposes, and (5) Dedication of the parking lot on the south end of the Encina parcel. Issue Presented to Redevelopment Agency The CEC Assigned Committee, in its draft decision, stated that it found that there are benefits but it was not yet convinced that the benefits rise to the "extraordinary" level. The Energy Commission remanded the draft decision back to the CEC assigned committee to take evidence on a number of issues, including issues associated with Land-2 and Land-3. Despite this direction, NRG appears to have asked for a determination of conformance with Carlsbad's redevelopment law without these conditions. It is staffs recommendation that the Redevelopment Commission clearly articulate that the inclusion of Land-2 and Land-3 is a minimum requirement for project approval and that the development of an additional power plant clearly contravenes the expressed purpose of the South Carlsbad Coastal Redevelopment Plan. -8- CITY OF CARLSBAD For the Information of Members of The City Council re Joint Special Meeting Agenda Item#l September 19, 2011 To: MAYOR AND CITY COUNCIL From: CITY ATTORNEY Subject SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE HOUSING AND REDEVELOPMENT COMMISSION OF TUESDAY, SEPTERMBER 20, 2011, FOR AN UPDATE OF THE PROCEEDING BEFORE THE CALIFORNIA ENERGY COMMISSION FOR THE PROPOSED SECOND PO WER PLANT IN CARLSBAD At its meeting of Tuesday, September 13, 2011, the assigned committee of the California Energy Commission through its hearing officer determined that additional comments were necessary in response to the applicant's, NRG's, unnoticed request for relief of proposed conditions to site certification of its proposed power plant, conditions Land-2 and Land-3. Under those conditions, basically a condition to site certification of this proposed power plant would be that at some time in the future the existing Encina power station would be demolished and the site remediated. The Council's long-term objective for this coastal property is to be developed with uses that enhance and improve the coastal use of this site to the betterment of Carlsbad users and residents and such uses do not include power plants. At its meeting of Tuesday, September 27, 2011, the City Council will be considering the recommendations of the Planning Commission for a change in the General Plan, the Local Coastal Plan and the Zoning Ordinance which will basically prohibit the location and operation of power plants exceeding 50 megawatts. In contrast to the redevelopment plan which has a limited life and a specific list of purposes, the City Council administers the General Plan and the Local Coastal Plan for the health, safety, general welfare and betterment of the lives of all Carlsbad citizens perpetually. It does not need to consider or approve land uses which are inconsistent with its long-term vision. However, the siting of power plants exceeding 50 megawatts is an exception to this general rule, and notwithstanding a local government's laws, the Commission may site such a project provided it consults and meets with the local government in an attempt to correct or eliminate the non-compliance with local laws and, if the non- City Attorney 1200 Carlsbad Village Drive Carlsbad, CA 92008 I 760-434-2891 I 760-434-8367 fax I www.carlsbadca.gov Page 2 compliance cannot be corrected or eliminated, the Commission must inform the city that it intends to make certain findings overriding local laws and standards. In making those determinations, the Energy Commission must consider the entire record of the proceedings, the impacts of the facility on the local environment, its consumer benefits and the electrical system reliability. It cannot make those findings unless it determines that a facility is required for public convenience and necessity and that there are not more prudent and feasible means of achieving public convenience and necessity. The project team will be available to answer further questions or provide further information to the Council on the status of the proceedings before the CEC. Ve rvxtrtrlvvvo u r s Ronald R. Ball CITY ATTORNEY cc: City Clerk City Manager Available for public distribution