Loading...
HomeMy WebLinkAboutSP 144; SDG&E Wastewater Facility; Specific Plan (SP) (5)San Diego Gas & Electric P.O. BOX 1831 • SAN DIEGO, CA 92112 • 619/696-2000 December 10, 1990 FILENO Mr. Dennis Turner Principal Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009-4859 Re: Demineralizer Regeneration Tank Mr. Turner: This letter is in response to your November 29, 1990 letter. It states that San Diego Gas & Electric may proceed with the project subject to satisfying all conditions of contained in Planning Commission Resolution 2859 and the obtaining of all necessary and proper permits from the city and other agencies having jurisdiction. We have complied with all conditions of approval of Planning Commission Resolution 2859. This is documented in the attached copies of letters forwarded to the city during 1989 prior to the issuance of the project building permit on December 11, 1989. As per standard city procedure and as specifically noted for conditions 2, 3, 4, 5, 9, and 10-15 of Resolution 2859, building permit issuance was dependent upon the city's determi- nation that SDG&E satisfied these conditions of approval. Per your request, the exhibit (see attached) submitted with our November 20, 1990 letter has been revised to show removal of the wastewater ponds and the location of the new wastewater tanks and demineralizer tank. This exhibit would satisfy Condition 3 of Resolution 2859. Condition 2 of Resolution 2859 requires a 100 scale mylar site plan exhibit and this was submitted on September 5, 1989, as noted in the attached let- ter. The exhibit required to achieve compliance with Condition 3 is not supposed to satisfy Condition 2. The exhibit submitted for Condition 3 was the result of a compromise reached between Mike Holzmiller and me. It simply reflected the fact that all existing buildings within the specific plan area are located in the area of the plan located west of 1-5. In addition, the condition requested a 100 scale [TURNALTR.L07] Mr. Dennis Turner December 7, 1990 Page 2 mylar exhibit and the impractical ity of producing an exhibit of this size for the entire specific plan area was recognized by Mike. We both agree that an accurate specific plan drawing for the entire plan area is mandatory to the ongoing decision-making process for SDG&E projects. The soon to be held workshop will clear up any misunderstandings about the past and in the spirit of cooperation, we will also be open minded about any sugges- tions addressing the need for an improved specific plan exhib- it. Please call me at 696-2410 if you have any questions regard- ing this information. jlncerely David S. Siino Senior Land Planner Land Planning & Permits DSS:gro cc: Mike Holzmiller, Planning Director w/attachments Paul O'Neal, SDG&E, w/attachments [TURNALTR.L07] bcc: F.M.D S.D.D. [TURNALTR.L07] San Diego Gas & Electric P.O. BOX 1831 • SAN DIEGO, CA 92112 • 619/696-2000 September 5, 1989 FILENQ Mr. Mike Holzmiller Planning Director City of Carlsbad 2275 Las Palmas Drive Carlsbad, CA 92008 RE: ENCINA WASTEWATER/TANKS: PARTIAL COMPLETION OF MINOR AMENDMENT APPROVAL FOR SP 144 (RESOLUTION 2958) Mike : The attached is submitted to fulfill profit conditions of approval: • 24" x 36", 100 scale mylar copy of the site plan per condition number 2. • Landscape/Irrigation plan plus planting/irrigation specifications per condition number 5. • A sample of the color to be used in painting the tanks per condition number 8. This is representative of the larger oil tanks located directly north of the wastewater tank site. You indicated recently that you want the color to be similar to the oil tanks. • Per condition number 4, we believe that the project is in compliance with all conditions required by the Zone 3 Local Facilities Management Plan. • Per condition number 9, adequate means for preventing the discharge of oils, greases or hazardous materials into environmentally sensitive areas have been incorporated into the project design. Rainfall drainage will be collected within the required containment area and manually released to a storm drain drop inlet via a drain valve. The drain valve shall be closed at all other times. Manual control of project drainage provides for the ability to visually inspect for oil, grease or hazardous substances on the site. Visual inspection of wastewater tank operations will be a daily Mr. Mike Holzmiller -2- September 5, 1989 function. Oils or grease are unlikely to exist on the site because neither is necessary for the operation of the waste water tanks facilities. Spill/cleanup provisions for the hazardous waste processed in our wastewater operations exist in the form of the required perimeter containment system, tank design (100 percent capacity redundancy) and the hazardous materials and waste contingency plan and emergency procedures as required by the State Department of Health Services. The emergency procedures provide for the use of vacuum equipment to remove these substances, if necessary. The containment system and storm drain drop inlet with manually controlled drain valve are shown on the project grading plan 4nd (see highlighted in yellow). • Project building and site plans for review by the Fire Department per conditions of approval 10 and 12 will be submitted as part of the project building permit submittal. • A reproducible viable mylar copy of an updated plan showing all existing buildings with the specific plan 144 area is still under preparation and will be submitted soon. Mike, our Coastal development permit application for the wastewater tank project is scheduled for the September 12 meeting of the Coastal Commission. Assuming coastal permit approval, our desire is to begin project grading immediately. Release of the project grading permit is contingent upon the approval by the Planning and Engineering Departments of the information submitted to satisfy conditions of approval 5 and 9 of Planning Commission Resolution 2859. A prompt response to the adequacy of our information for these items would be greatly appreciated. Please call me if you have any questions regarding any of the above information. I can be reached at 696-2410. Sincerely, David S. Siino Senior Land Planner DSSrkms cc: Bob Wojcik, Engineering Department bcc: FMDudley San Diego Gas & Electric P.O. BOX 1831 • SAN DIEGO, CA 92112 • 619/696-2000 October 3, 1989 BLE'N(1 Mr. Michael E. Smith Fire Marshall City of Carlsbad 2560 Orion Way Carlsbad, CA 92008 SUBJECT: SDG&E WASTEWATER TANKS PROJECT {PLANNING COMMISSION RESOLUTION NO. 2859) Dear Mr. Smith: This correspondence follows our September 19 discussion on fire department requirements for the project based upon conditions 10-15 of Resolution 2859 (see attached). Per your request, attached are two copies of a fire access plan showing the location of a 20' wide fire access road across the wastewater tank site to insure continued access to the westerly side of the existing fuel oil storage tanks. The storage tanks are noted on the location map shown on the drawing. Please call me if you have any questions regarding this information. I can be reached at 696-2410. Sincerely, David S. Siino Senior Land Planner DSS :kms Attachment cc: Michael Holzmiller Planning Director bcc: FMDudley SDGJ San Diego Gas & Electric P.O. BOX 1831 • SAN DIEGO, CA 92112 • 619/696-2000 October 4, 1989 RLENQ Mr. Eric Munoz Building Department 2075 Las Palmas Drive Carlsbad, CA 92008 SUBJECT: SDG&E WASTEWATER TANKS: BUILDING PERMIT (PLAN CHECK NO. 89-1362) Mr. Munoz: Per your request, attached is a copy of the Coastal Commission permit approval for the project. The preparation of site landscape plans per the City's landscape guidelines is in progress. Please call me if you have any questions. I can be reached at 696-2410. Sincerely, David S. Siino Senior Land Planner DSS:kms Attachment San Diego Gas & Electric P.O. BOX 1831 • SAN DIEGO, CA 92112 • 619/696-2000 November 9, 1989 FILE NO. Michael J. Hozmiller Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92008 RE: SDG&E WASTEWATER TANKS: PLANNING COMMISSION RESOLUTION 2859 - CONDITION NO. 3 Dear Mike: In accordance with Condition No. 3 of Resolution 2859, attached is a 100 scale mylar copy of an updated plan showing the entire Encina Power Plant site. The revised landscape/irrigation plan per the new city requirements has been submitted for review to Larry Black. All other items to fulfill the remaining conditions of approval were submitted to the City on September 5 and October 3 (see attached letters). With the exception of the landscape/irrigation plan approval, we believe compliance with the required conditions of approval has been achieved. Please call me if you have any questions regarding this matter. I can be reached 696-2410. Sincerely, David S. Siino Senior Land Planner DSSrkms Attachment bcc: FMDudley San Diego Gas & Electric P.O. SOX 1831 • SAN DIEGO, CA 92112 • 619/696-2000 November 28, 1989 RLE NO. Mr. Larry Black Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92008 SUBJECT: ENCINA WASTEWATER TANKS: REVISED LANDSCAPE/IRRIGATION DRAWINGS Mr. Black: Per your request, the following are attached: • 3 blackline copies of the revised landscape/irrigation plans • Mylar copies of the revised plans • Check for $1629 for the inspection fee • Plan check set As you are aware, we would like to obtain release of the building permit for the site retaining wall this week. Please notify me as soon as you have verified that all of the required changes have been made and the plans are approved. I would also appreciate it if you could promptly notify Paul York in the Building Department and Planning Director Mike Holzmiller that the plans have been approved. Please call me if you have any questions about the revised plans. I can be reached at 696-2410. Sincerely, David S. Siino Senior Land Planner DSSrkms cc: Mike Holzmiller, Planning Director Paul York, Building Department / City of Carlsbad ^ ••••••••••••••••»•••••••••••••••••••••••••Planning Department November 29, 1990 Mr. David Siino, Senior Planner Land Planning and Permits SDG&E P.O. Box 1831 San Diego, CA 92112 SUBJECT: ENCINA POWER PLANT DEMINERALIZER REGENERATION TANK This department has reviewed your letter of November 20, 1990, regarding the proposed demineralizer regeneration tank. Based upon your letter, it appears that the tank is consistent with the approved construction of plant needed to complete the replacement of the old in-ground wastewater ponds, an activity conditioned and authorized by the Planning Commission on July 19, 1989, via Resolution 2859. (copy attached). This office understands that the installation of the proposed tank will support only the existing plant, and will in no way facilitate expanded generating capacity at either the existing units 1-5 or future power generating units. With this understanding, installation of the tank would not be subject to Ordinance NS-111, establishing an emergency moratorium on expansion activities at the Encina Plant. Subject to satisfying all conditions contained in Planning Commission Resolution 2859 and obtaining all necessary and proper permits from the City and any other agencies with jurisdiction in the matter, SDG&E is hereby authorized to proceed with the project described as: Demineralizer Regeneration Tank; to consist of a fiberglass tank 18 feet in diameter and 28 feet high, to be located directly adjacent to the east side of the power plant structure near the stack as shown on the submitted exhibit. The tank will receive wastewater from the power plant demineralization unit prior to its discharge to the new wastewater tanks. 2O75 Las Palmas Drive • Carlsbad, California 92OO9-4859 • (619) 438-1161 Mr. David Siino, Senior Planner November 29, 1990 Paee 2 One final note: the exhibit submitted with your cover letter (drawing M-661, revision A, dated June 1986) has not been correctly revised to show the removal of the six wastewater ponds, the construction of the replacement wastewater tanks, or the demineralizer tank. Consequently, this exhibit would not appear to satisfy conditions 2 and 3 contained in Planning Commission Resolution 2859. Prior to the issuance of building permits it will be necessary to submit to this department a corrected drawing showing all of the changes implemented since 1986. This revised drawing will be entered into the official file on Specific Plan 144 and is necessary to satisfy the Planning Commission's conditions and to record all of the previously authorized changes. If you have any questions, please contact me at 438-1161, extension 4443. Sincerely, DENNIS A. TURNER Principal Planner c: Ron Ball Jim Hagaman DAT:lh encina.ltr 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 PLANNING COMMISSION RESOLUTION NO. 2859 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR AMENDMENT TO SP 144 TO ALLOW THE CONSTRUCTION OF SIX WASTEWATER TREATMENT TANKS AND ACCESSORY FACILITIES TO REPLACE SIX EXISTING WASTEWATER PONDS AT THE SDG&E ENCINA POWER PLANT LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD, SOUTH OF AGUA HEDIONDA LAGOON, NORTH OF CANNON ROAD AND WEST OF THE ATS&R RAILROAD. APPLICANT: SAN DIEGO GAS & ELECTRIC CASE NO.: MINOR AMENDMENT TO SP 144 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 3rd day of May 1989, the 7th day of June 1989, and the 19th day of July, 1989 consider said request on property described as: A portion of Block "W" of Palisades Unit No. 2, Map No. 1803 and a portion of Rancho Aqua Hedionda, Map No. 823 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard said Commission considered all factors relating to SP 144 - Minor Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES a minor amendment to SP 144, based on the following findings and subject to the following conditions: Findings: 1. The proposed project will allow the applicant to comply with the Toxic Pits Act of 1984. 2. The proposed project will improved the treatment of wastewater at the Encina Power Plant and eliminate the possibility of ground water 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 contamination. The proposed project is consistent with the General Plan, the Zoning Ordinance and the Specific Plan (SP 144) which applies to the entire property. Conditions: 6. 7. 8. 9. Approval is granted for SP 144 (Minor Amendment), as shown on Exhibit(s) "A"-"C" dated February 10, 1989 incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24" x 36", 100 scale mylar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted prior to issuance of building permits or improvement plan submittal, whichever occurs first. Prior to the Issuance of a building permit, the applicant shall provide the City with a reproducible 24" x 36", 100 scale mylar copy of an updated plan showing the entire Specific Plan 144 area including all existing buildings. ~ This project shall comply with all conditions and mitigation required by the Zone 3 Local Facilities Management Plan approved by the City Council on May 19, 1987, incorporated herein and on file in the Planning Department, and any future amendments to the Plan made prior to the issuance of building permits for the amended portion of the site. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to the approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. Trees to screen the tanks shall be minimum 36" box. All landscaped areas shall be maintained in condition, free from weeds, trash, and debris. a healthy and thriving The tanks shall be painted a color to match the natural landscape backdrop surrounding the tanks. A specific color sample shall be submitted to and approved by the Planning Director prior to start of construction. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate means of eliminating grease, oils, and all toxic materials from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit. 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 Fire Department Conditions: 10. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 11. Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal. 12. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval. 13. An all-weather access road shall be maintained throughout construction. 14. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 15. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent tot he project shall be submitted to the Fire department for approval prior to construction. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of July, 1989, by the following vote, to wit: AYES: Chairman Hall, Commissioners: Schlehuber, Schramm, Erwin, Holmes & Marcus. NOES: None. ABSENT: Commissioner McFadden. ABSTAIN: None. MATTHEW HALL, CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILL&ft PLANNING DIRECTOR San Diego Gas & Electric P.O. BOX 1831 • SAN DIEGO, CA 92112 • 619/696-2000 November 20, 1990 Mr. Dennis Turner Principal Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 Re: Encina Power Plant Demineralizer Regeneration Tank Earlier this year, Paul O'Neal and I discussed with you the Company's need to install a demineralizer regeneration tank due to the installation of the new wastewater tanks. The tank will receive wastewater from the power plant demineralization unit prior to its discharge to the new wastewater tanks. The demin- eralization unit removes any impurities from municipal water used in the operation of the power plant boilers. The tank is part of the total system which replaces the function previously accomplished by the wastewater ponds and is an ancillary facil- ity approved by the California Department of Health Services in its approval of the new wastewater tank project. The purpose of this letter is to request your concurrence that installation of the tank facility is consistent with the power plant moratorium ordinance and the existing power plant specific plan. The fiberglass tank is 18 feet in diameter and 28 feet high. Its location will be directly adjacent to the east side of the power plant structure near the stack as shown on the attached power plant drawing. The power plant building is approximately 110 feet high so the tank will not be visible from any public areas along Carlsbad Boulevard. Dennis, the concern you expressed during our prior discus- sion was the possibility of the tank being installed in support of the proposed combined cycle project. The combined cycle project would require its own water treatment facilities, including a demineralizer regeneration tank. This need is discussed in Volume II, Sections 7.2-1 and 7.2.2.8 of the Notice of Intent for the project filed with the California Energy Commission and shown in Volume IV, Figure 7.21-1. [TURNALTR.K21] Mr. Dennis Turner November 21, 1990 Page 2 The demineralizer regeneration tank is a needed pollution control facility that could not be incorporated as part of the wastewater tank project application because engineering re- quirements had not been completed at that time. The staff report that accompanied resolution (No. NS-111), the power plant moratorium ordinance, makes reference to the demineral- izer regeneration tank need and further establishes that the intent of the ordinance was not to prohibit on-going mainte- nance or facility needs required for operation of the power plant. Given this reference and intent, we believe that this project would not be in conflict with the moratorium ordinance. We also believe that the proposed tank is consistent with the existing power plant specific plan for the following reasons; *• It is ancillary to the recently approved wastewater tanks and is part of the system required to replace the previously utilized wastewater ponds. *• Its installation does not increase the size, location, or generating capacity or use of the existing Encina power plant facility. + No additional manpower is required for the operation of the proposed facility. *• Existing power plant parking and circulation requirements will be unaffected by the proposed facility. I look forward to your determination on this matter. Please call me at 696-2410 if you have any questions about the above information. David S. Siino Senior Land Planner Land Planning & Permits DSS:gro cc: P.L. O'Neal [TURNALTR.K21] San Diego Gas & Electric P.O. BOX 1831 • SAN DIEGO, CA 92112 • 619/696-2000 October 3, 1989 Mr. Michael E. Smith Fire Marshall City of Carlsbad 2560 Orion Way Carlsbad, CA 92008 SUBJECT: SDG&E WASTEWATER TANKS PROJECT (PLANNING COMMISSION RESOLUTION NO. 2859) Dear Mr. Smith: This correspondence follows our September 19 discussion on fire department requirements for the project based upon conditions 10-15 of Resolution 2859 (see attached). Per your request, attached are two copies of a fire access plan showing the location of a 20' wide fire access road across the wastewater tank site to insure continued access to the westerly side of the existing fuel oil storage tanks. The storage tanks are noted on the location map shown on the drawing. Please call me if you have any questions regarding this information. I can be reached at 696-2410. Sincerely, David S. Siino Senior Land Planner DSS:kms Attachment cc: Michael Holzmiller Planning Director bcc: FMDudley July 11, 1989 TO: Planning Director FROM: City Attorney SDG&E STREET IMPROVEMENTS Ordinance No. 9279 which approved the original Encina power plant carried a condition requiring improvements to Carlsbad Boulevard. Beckman's 1976 letter was incorported in an agreement which was approved by the City Council on August 17, 1976. A copy of Beckman's memo of explanation, the agenda bill and the agreement are attached. The company's obligation was cashed out and the funds used as a "local match" to the federal and state grants which funded the Agua Hedionda bridge construction. The agreement says nothing about what may be required in the future as a result of any changes at Encina made by the Company which either increase the intensity of use or extend its useful life. VINCENT F. BIONDO, JR. City Attorney rmh attachment c: City Manager (with attachment) SAN DIEGO UNION -?/- SEPTEMBER 2g, L976 ENCINA PLANT Delay C >v ByTIMSHEPARD Environment Writer, The San Diego Union SAN' FRANCISCO — During the four years that various agencies debated the advisability of allowing San Diego Gas & Electric Co. to build an addition to the Encina power plant, the cost rose from $62 million to $110 million, a.company official said here yesterday. Joseph F. Dietz of SDG&E discussed his company's various environmental studies that have been conducted on the Encina No. 5 power plant issue as the state Air Resources Board talked about the plant's 400-foot smokestack, which is now under construction. "We started trying to build this plant in June, 1972, and it was delayed until July, 1976," said Dietz. "The cost rose from $62 million to $110 million." Richard Baldwin, of the San Diego Air Pollution Control District, said that the > high stack will replace four shorter ones and will result in a reduction of sulfur dioxide levels in the Carlsbad area. Dietz stated that because the new power plant will be much more efficient than plants now being used by SDG&E, it will result in less overall pollution in the San Diego Air Basin. Less Oil Would Be Used "We will be burning 600,000 barrels of oil less," said Dietz. "The less oil you burn, the less pollution." But George Flanders, chairman of Carlsbad Community Cause, asked the ARB to insist on air pollution monitoring studies before the new plant.is completed. (The ARB took no action on the request.) "The closest air pollution monitoring station is six miles away in Oceanside," said Flanders. ."And the wind seldom blows that direction, so we really don't know how bad the conditions are in the Encina area right now." Flanders added that the new 292-mega- watt power plant will add 50 per cent to the current power output of the Encina facili- ty. The Community Cause leader said his organization was .approached by certain citizens suggesting that if. Community Cause would drop its opposition to the new , power plant stack, SDG&E would pull out of the Marario Refinery proposal several miles east of the power plant. "Of course, we didn't go along with that," said Flanders. "But SDG&E did withdraw from the refinery feasibility study." 'It's Too Late, Isn't It?' ARB member Alvin Gordon asked the San Diego- Air Pollution Control Board what steps could be taken if they discover that Encina 5 makes air pollution worse after the plant is completed. "It's too late to do anything, isn't it?" said Gordon. "No," replied Baldwin. "We could change the emission standards if it be- came worse. We could make them burn lower sulfur oil. We have already consid- ered that." SDG&E already has been ordered to solve a fallout problem in the near vicinity as a condition of going ahead with the new power plant. State of California AIR RESOURCES BOARD Meetings September 20 and 21, 1976 .State Office Building Room 1194 455 Golden Gate Avenue » San Francisco, California AGENDA 10:00 a.m., Monday, September 20, 197 Approval of Minutes of August 10 Board Meeting Emergency Plan (a) Consideration of Traffic Reduction Str During Oxidant Emergency Episodes;and •^(b) Criteria for Combination Oxidant - Sulfur*^, Dioxide Emergency Episodes Staff Report on San Diego Gas and Electric Company No. 5 Power Plant Other Business (a) Executive Session - Personnel and Litigation (b) Research Proposals ' ' '' ' AGENDA 10:00 a.m., Tuesday, 'September 21, 1976 Progress Report on Lake Tahoe Air Basin Activities: (a) ARE Air Monitoring and Vehicle Testing Program (b) Development of a Bi-State Air Pollution Control Program; and (c) Development of a Lake Tahoe Air Basin , Implementation Plan. Report on Long Range Emission" Standard Proposals for Passenger Cars and Light and Medium Duty Trucks Other Business (a) Executive Session - Personnel and Litigation (b) Research Proposals State of California AIR RESOURCES BOARD Staff Report ITEM: SUMMARY: RECOMMENDATION: NO. : Date: 76-17-3 September 20, 1976 SAN DIEGO GAS & ELECTRIC COMPANY ENCINA 5 POWER PLANT San Diego Gas and Electric Company has started construction of a fifth generating unit at their Encina power plant and plans to erect a 400-foot stack to disperse the pollutants from all five generating units so as to avoid violating the state 24-hour SO- and one-hour NO air quality standards at the site of the power plant. The staff believes that adequate data is not presently available to accurately project the total impact on basinwide air quality from the use of tall stack dispersion methods such as the 400-foot stack being constructed at Encina 5. The staff therefore recommends that it conduct further studies to determine the following: * (1) Whether the studies conducted by Stanford Research Institute and Bechtel Power Corporation accurately reflect the • total volume and' composition of pollutants which would be emitted from the 400-foot stack at Encina 5, particularly in light of recent developments in the availability and cost of low sulfur fuel oil. .(2) Whether the studies conducted by the San Diego Air Pollution Control District accurately reflect the total basinwide impact of the emissions from the 400- foot stack at Encina 5 on ambient air quality in the San Diego Air Basin. (3) Whether the anticipated emissions from the 400-foot stack at Encina 5 are likely to interfere with the attainment and maintenanc of ambient air quality standards in the San Diego Air Basin or other basins. (4) Whether existing standards for measurement of S02 and NO emissions accurately document the impact of such emissions on basinwide ambient air quality. (5) Whether regulations are necessary to require the use of best available control technology to control the volume of emissions from tall stacks in order to prevent such emissions from interfering . with the attainment and maintenance of ambient air quality standards. State of California AIR RESOURCES BOARD Staff Report 76-17-3 '. . September 20, 1976 SAN DIEGO GAS AND ELECTRIC COMPANY ENCINA 5 POWER PLANT I. Introduction ~~ San Diego Gas and Electric Company (SDG&E) has begun construction of facilities to expand its existing four unit 600 megawatt power plant in Carlsbad, California by adding an additional unit with a capacity of producing 292 megawatts of power and ducting the emissions from all five units into a single 400-foot tall stack. ' The principal question raised is whether or not the use of a single tall stack to disperse pollutants (which if emitted from five shorter stacks would result in a violation of the state 24-hour SO 'air quality standard) is a valid means of controlling air• pollution without the use of best available control technology within the stack itself. This staff report . discusses the historical background of the various •-governmental approvals involving this project, the current status of the project, and the air quality issues involved. In gathering data on this project, the staff met with the following individuals in San Diego and Carlsbad: San Diego Gas and^Lectric Company 2 ^teptember 20, 1976 ™ Richard Baldwin, Chief of Enforcement San Deigo County Air Pollution Control District Michael Foley, Chief of Monitoring and Technical Services San Diego County Air Pollution Control District Ashley P. Barnes, Project Supervisor, SDG&E C. Edward Gibson, Assistant General Attorney, SDG&E - Ralph Plender, Assistant to the Planning Director, City of Carlsbad Vincent F. Biondo, City Attorney, City of Carlsbad Louie Rash, Member of Carlsbad Community Cause Donna Flanders, Member of Carlsbad Community Cause Breckenridge Allen, Member of Carlsbad Community Cause II. Historical Discussion A. Public Utilities Commission: . . - • On June 1, 1972,. SDG&E applied to the California Public Utilities Commission (PUC) for a Certificate • of Public Convenience and Necessity for construction . of Unit 5 at its Encina power plant in Carlsbad, California. The PUC, being the lead agency for the proposed project, was required to prepare an Environmental Impact Report (EIR) . While the EIR was being completed the PUC held a series of hearings to determine the need for the facility. On November 19, 1973,- the Air Resources Board, represented by George Taylor, Deputy Executive . Officer, presented written and oral testimony at one of those hearings expressing the Air Resources Board's concern about the air quality impact of San Diego Gas and ^^fectric Company 3 ^kptember 20, 1976 Encina 5 Power Planr ' '^* anticipated emissions of S0» and NO and increases^ . JrC in the oxidant levels in the vicinity of the power » • I/plant if Unit 5 was constructed as planned.— The PUC granted the Certificate on October 7, 1975. B. San Diego County Air Pollution Control District; SDG&E also needed to obtain an Authority to Construct from the San Diego County Air Pollution Control District. This was granted on December 12, 1972, with an expiration date of February 28, 1975. SDG&E later obtained an extension of the Authority to Construct to December 12, 1977. Subsequent to the granting of this extension, the San Diego District conducted a study on the air quality impact of the proposed Unit 5 addition and 400- foot tall stack, and the study concluded that the proposed project would not interfere with the attainment or maintenance of ambient air quality 2/ -standards in that Basin.—' . ;.•-. •C. California Coastal Zone Conservation Commission: SDG&E was also required to obtain a permit from the California Coastal Zone Conservation Commission. The San Diego Coast Regional Commission denied issuance of a permit for expansion of the facility on February 7, 1975.— One of the reasons for denial was that significant air quality problems San Diego Gas and Electric Company 4 J^ptember 20, .1976 Encina 5 Power PlaSP ^P^ could result from the construction of Encina 5. SDG&E appealed that decision to the State Coastal 4/Commitsion, which reversed the decision of the Regional Commission on June 17, 1975 and approved the permit. D. City of Carlsbad: • The City of Carlsbad's involvement in this issue began on August 3, 1971, when the City adopted a Public Utility Zone for the Encina complex allowing for further development of the property pursuant to a precise development plan.—' Since SDG&E's original plans for construction of Unit 5 did not - include use of a tall stack, a modification of the specific plan for construction of Unit 5 was necessary. An amendment to the specific plan was recommended for that purpose by the City Planning Commission on November 13, 1973,^ and this was approved by the City Council on December 4, 1973, with a one year deadline for commencing construction.-^ The one year period expired and SDG&E reapplied for the amendment. After a series of public p / hearings, the Planning Commission-' and later the City Council again approved the amendment to the specific plan with an effective date of June 3, '•'••' 9/1976. One of the conditions of thrt approval requires SDG&E to supply the San Diego County Air Pollution Control District with up to $150,000 San Diego Gas and^jLectric Company 5 ^eptember 20, 1976 Encina 5 Power PlSW; over the first three years of operation to set up ' air quality monitoring sites. » . E. Carlsbad Community Cause; . . • Carlsbad Community Cause, a local association of persons opposed to the project, felt that the City's action in approving the renewal of the amendment to SDG&E's specific plan should have been brought before the public for a referendum. They obtained the signatures of approximately 20 percent of the registered voters of the City of Carlsbad on a petition requesting a referendum. ( The City Council held -a public hearing on July 20, 1976 to determine whether the specific plan amendment was of an administrative nature and not subject to 'the referendum process or a legislative act and . . • • thus subject to referendum. The Council determined,-, based upon the City Attorney's advice, ' that • the action was administrative, thus allowing the • project to go ahead without a referendum. F.. Litigation; Carlsbad Community Cause filed a petition for Writ of Mandate in the San Diego Superior Court and asked for a restraining order to prevent construction. A Temporary Restraining Order was denied and a hearing on the Peremptory Writ was held on August 27, 1976. The San Diego Superior County denied the .Encina 5 Power Plant Peremptory Writ, thus upholding the actipn of the City Council in refusing to permit a. referendum on this issue. . • . Carlsbad Community Cause is now planning to appeal the court's decision. They have also requested the State Attorney General's Environmental Unit to consider joining in the appeal. Foster Knight, Deputy Attorney General, has informed the staff that on August 20, 1976, the Environmental Unit recommended "that the Attorney General participate in the litigation on the limited question on the right of the people to vote on controversial matters affecting the quality of the environment." The Attorney General, however, has not yet made a decision as to what action his office will take on . the Environmental Unit's recommendation. Construction has commenced on Encina Unit 5. III. Air Quality Discussion When SDG&E decided to build Encina 5, it hired Stanford Research Institute (SRI) to determine whether' or not the emissions from this additional generating unit "- would pose a threat to ambient air quality .standards. Test data indicated that the state 24-hour SO,, standard would be exceeded under certain meteorological conditions, Bechtel Power Corporation was then asked to confirm this test data with modeling studies assuming five Encina 5 Power Plant generating units with individual 190-foot stacks each burning 0.5 percent sulfur fuel oil. When Bechtel confirmed the SRI conclusion, SDG&E then asked Bechtel to determine what height a single tall stack would have to be to reliably prevent violations of the state 24-hour S02 standard with all five units operating. 12/The stack height, determined by Bechtel was 400-feet.—' The final decision by SDG&E to construct the 400-foot tall stack was made after other alternatives had been considered. One alternative involved the use of fuel oil with a sulfur content of 0.1 percent or lower. The supply of that fuel, however, was determined to be inadequate or too costly. Another alternative would be to install a flue gas S02 scrubber. A flue gas desulfurizer (PGD) was ruled out by SDG&E on the basis that it was not sufficiently reliable to prevent violations of the state 24-hour SO,, air quality standard,. due to occasional breakdowns in the FGD unit. SDG&E also concluded that use of a FGD, due to its size and associated noise level, would not be approved by the various governmental agencies involved. According to SDG&E, a FGD capable of scrubbing the combined exhausts from all five units would cost approximately $100 million, as opposed to a $10 million cost for construction of the 400-foot stack. SDG&E also claimed that a FGD might not eliminate sufficient NO emissions from theX combined facility to prevent air quality violations. San Diego Gas and Electric Company 8 September 20, 1976 Encina 5 Power P The San Diego County Air Pollution Control District has recently conducted further research and analysis of the impact of this project on air quality in the Basin. ' This was done in conjuction with the New Source Review analysis of the proposed Macario Oil Refinery. • From that analysis, the District concluded that the existing four units at Encina are probably presently contributing to local violations of the state 24-hour SO,, standard in the immediate vicinity of the power plant. With the addition of both Encina 5 and the 400-foot stack, the power plant as a whole would increase the total SO- emissions, but disperse them over a wider area, thus not interfering with the attainment or maintenance of the air quality standards in the Basin. This conclusion was based on all units operating at full capacity. Table I shows the emissions from the Encina Power Plant with and without the operation of the fifth generating unit, based on estimates made by the San Diego County Air Pollution Control District. Encina 5, according to SDG&E, will be a very fuel efficient unit. Due to its efficiency, SDG&E plans to use Encina 5 to replace other more inefficient units in their system. The older units will not actually be taken out of service but rather will be placed on standby for use during peak power needs. The net result is a savings of 600,000 barrels of fuel oil a year according to SDG&E. This reduction in fuel use San Diego Gas and jy.ectric Company 9 ^eptember 20, 1976 Encina 5 Power Pli . in the basin would have some beneficial effect on air quality. Table II shows the expected emissions from all of the power plants operated by SDG&E in the Basin. .'•'.- TABLE I ' ' : ' Emissions from Encina Power Plant (tons/day) • . Emissions Without Encina 5 Emissions With Encina 5 Normal Operating Maximum Normal Operating Maximum Conditions . Load Conditions Load 1975 1978 1981* 1975- 1978 1981* 1978- S02 23.2 31.5 32.5 37.9 .46.8 47.8 . 55.7 NO 13.4 15.7 16.1 26.9 23.3 23.7 35.8X . -• • Particulate. 3.4 4.3 4.4 5.9 : 6.4 6.5 8.3 *Assumes San Onofre Nuclear Generator 2 in operation (currently under construction) .' TABLE II . .'.:••-..' SDG&E System-Wide Emissions (tons/day) Emissions Without Encina 5 Emissions With Encina 5 Normal Operating . Normal Operating Conditions Conditions 1975 1978 1981* 1978 . 1981* S02 54.8 95.1 97.6 92.1 94.6 NO,,-'-, 30.6 47.2 48.4 45.7 46.9 rfV . . Particulate 7.8 13.0 13.'3 12.6 12.9 *Assumes San Onofre Nuclear Generator 2 in operation (currently under construction) Table III shows the expected basinwide reductions in emissions due to the predicted savings in use of fuel San Diego Gas and^^ectric Company 10 ' ^^ptember 20, 1976 Encina 5 Power Plant . oil. This assumes that SDG&E's system will hot operate at full capacity. This is a valid assumption, at least through 1984, if certain other facilities are also constructed and operational during that period.i After 1984, this assumption is dependent upon construction and operation of the proposed Sun Desert nuclear power plant. . . TABLE III Basinwide Reductions in Emissions with Encina 5 (tonsTdayT S02 3.0 . N0x -1-5 ; v Particulate .4 ' The District has concluded that due to Encina 5's .. . effect of reducing basinwide S00 emissions, the Basin's & air quality will remain below the state 24-hour SO- £* "" • standard until 1981. If SDG&E is able to complete their long range plans for nuclear power generation, the state 24-hour S02 standard should not be exceeded. However, if SDG&E were not permitted to build Encina 5, the air quality in the Basin would be predicted to exceed the SO^ standard by 1978 (the date when Encina 5 would otherwise be on line). • * - * • . The Environmental Protection Agency has not conducted a New Source Review of this facility. Region IX has informed the Air Resources Board staff that EPA has not yet been able to determine whether Encina 5 is San Diego Gas andllectric Company 11 September 20, 1976 Encina 5 Power subject to New Source Review. Even though on-site construction commenced well after June 13, 1973, the effective date of the New Source Review regulations contained in 40 CFR 52.233, other "construction" \ ' ' • activities as defined by EPA may have occurred prior to that date. EPA is presently examining this question to determine what position EPA will take on this issue. IV. Recomme nd a t i on . The staff believes that adequate data is not presently available to accurately project the total impact on basinwide air quality from the use of tall stack dispersion methods such as the 4 00- foot stack being constructed at Encina 5. The staff therefore recommends that it conduct further studies to determine the following: A. Whether the studies conducted by Stanford Research Institute and Bechtel Power Corporation accurately reflect the total volume and composition of pollutants which would be emitted from the 4 00- foot stack at Encina 5, particularly in light of recent developments in the availability and cost of low sulfur fuel oil. B. Whether the studies conducted by the San Diego Air Pollution Control District accurately reflect the total basinwide impact of the emissions from the Encina 5 Power Plant . . , . ' • 400-foot stack at Encina 5 on ambient air quality i:; the San Diego Air Basin. C. Whether the anticipated emissions from the 400- \ foot stack at Encina 5 are likely to interfere . with the attainment and maintenance of ambient air quality standards in the San Diego Air Basin or other basins. - D. Whether existing standards for measurement of S02 and NO- emissions accurately document the impact £+ of such emissions on basinwide ambient air quality. E. Whether regulations are necessary to require the use of best available control technology to control the volume of emissions from tall stacks in order to prevent such emissions from interfering with the attainment and maintenance of ambient air quality standards. of 400' Stack CTv O CN O ^2 O4J O. O CO 04 Ou • o •H 4J .o 18 a) go Q C-H to jpa—fw»ii**^r''<' ^^7ffi«a«*wsOT;-.«Tv%rn '^r%caz^s<Myyyvi*^r.^7-HtB^v.'^?t'gry--griwggi^B^^ay^yrrrrjgrryy *-.r?rvr=.'vyt"y^r;-K-rr^T Tj?rraa!r-.vT;"u'*"''r*'rv-:"1TTrrsrr:^r'^r."Vr"T r'".*:' J'-lJT:r^.'\nr"!T^'J|T^.'^" *J1'. -^••.".'."• '• '--i-'t'*?vy.'*:'y"r*"-^' ' ' >* ",'.._:!1- 1^?. jjf^-^^-—'^ ^ - * "--J ''^"-'•v-1 :•-' \ ^1'-, LI 'L- .i-'VlT^ L; -^j^v^''.'^.1l'.'Tr.'.'^ r^'iX i"^v.; .^i ^ij]^ >! i' 'f^."T ^'^ J- ^^y '?^n^V^^^^^T?^^i^f'^;'?: '^'-V ^'r^1 V.-^ ^V •:''-^?'-?;v? l?ft-?^r-' •ff^'t?^'"':^ ''~**T?~{t -^^'^3/f^^'*^^'-i<>^^/TTrT"'''yn^-' •'J'- ^ ** *^tv^A vyrr^; nir in in . . -. '- "ato"'^--^'«^ . • '.. • • • '• '/" "•'' "•' '-"" '-: " '.''.^^^-^«^^^£te^*^ws«,^^ o After Construction of 400' Stack. 0) 4Ja,o CO SO o •H uof-l -pw cfC! * M W G) (3 5 U 0& 0OMrt G)•H tdCs C•^ C O f3 C CO W ^vg;;'^.^%%fy^gigy>^^^^^ r-—"—^r^. San Diego Gas and Electric Company 14 •^r September 20, 1976 Encina 5.Power Plant REFERENCES . 1. Statement to the PUC on SDG&E Proposed Encina Unit 5 by George Taylor, Deputy Executive Officer of the Air Resources Board, November 19, 1973. 2. San Diego Air Pollution Control District Analysis of Air Quality Impact of Proposed Unit 5 and 490-foot Stack, Encina Power Plant, June 1975. •3. San Diego Regional Coastal Commission Staff Recommendation on Permit Application of SDG&E for Encina 5 Power Plant Expansion, March 11, 1975. 4. California Coastal Zone Conservation Commission Appeal Staff Summary of Denial by San Diego Regional Coastal Commission of SDG&E Permit Application for Encina 5 Power Plant Expan- sion, June 17, 1975. 5. City of Carlsbad General Plan designation of SDG&E1s land as P-U Public Utility Zone, 1971-1975. 6. City of Carlsbad Planning Commission Resolution Recommending Amendment of SDG&E's Specific Plan to Permit Construction of a 400-foot Single Stack, November 13, 1973. 7. City of Carlsbad Ordinance No. 9372 Amending SDG&E's Specific Plan to Permit Construction of a 400-foot Stack, December 4, 1973. . -....-.. 8. City of Carlsbad Planning Commission Resolution Recommending Approval of Amendment to SDG&E's Specific Plan to Permit . Construction of a 400-foot Stack, March 24, 1976. 9. City of Carlsbad Ordinance No. 9456 Amending SDG&E's Specific Plan to Permit Construction of a 400-foot Stack, May 4, 1976. 10. City of Carlsbad City Attorney's Legal Memorandum to the City Council on the Legality of a Referendum on the 400-foot Stack Issue, July 19, 1976. . 11. Carlsbad Community Cause Petition for Writ of Mandate, San • Diego Superior Court No. N-7284, Filed July 26, 1976. 12. Bechtel Power Corporation, Stack Modification Recommendations for the Encina Power Plant, July 1973. 13. San Diego Air Pollution Control District, Modeling Data on the Local Air Quality Effect of Emissions :Crom the Encina Power Plant, June 16, 1976. CITY OF CARLS-BAD AGENDA BILL NO. ^7T0i> . ' Initial DATE: August 17, 1976 C. DEPARTMENT; Public Works Subject: $AN DIEGQ GA$ & ELECTRIC AGREEMENT FOR CARLSBAD BOULEVARD . . IMPROVEMENT Statement of the Matter • San Diego Gas & Electric as a condition of the passage of Ordinance #9279 is required to construct that portion of Carlsbad Boulevard adjacent to their holdings. The attached agreement provides for paymentto the City of funds in lieu of construction. This is being proposed to allow the City to- coordinate the timing and location of these improvements-with the proposed Agua Hedionda lagogn bridge in-let replacement. The agreement also provides that in the event those beaches currently leased to the City are not dedicated as public beaches, S.D.G.&E. will, pay for the cost of street improvements adjacent thereto. Exhibit A. Staff Memorandum dated August 9, 1976 B. Resolution C. Agreement. Recommendation If the Council desires to approve the agreement, your action is to adopt Resolution No. MEMORANDUM August 9, 1976 TO: City Manager FROM: Public Works Administrator SUBJECT: San Diego Gas & Electric Agreement for Carlsbad Boulevard Improvement • City Council in 1971 approved a specific plan for the enlargement for the San Diego Gas & Electric Encina power plant facilities by adoption of Ordinance #9279. A condition of that ordinance required S.D.G.&E. to improve all frontages of Carlsbad Boulevard except those adjacent to dedicated parks or public beaches. Because of the apparent need to replace the Agua Hedionda Lagoon inlet bridge, City staff requested S.D.G.&E. delay installation of improvements until more detailed information concerning the line and grade of the bridge could be obtained. Obtaining this information became more'difficult than anticipated. As a result of this, staff from S.D.G.&E. and the City began meeting to discuss a way to coordinate the work. At a meeting held in City offices on December 17, 1975, City staff discussed the details of the proposal with S.D.G.&E. staff. It was agreed that the best benefit .for both parties would be obtained by S.D.G.&E. agreeing to pay funds to the City in lieu of construction. This has an .additional benefit to the City in that if grant funds for the bridge replacement and/or road construction could be obtained, the Utility company's funds would provide a major source of matching funds. Funds would be held by S.D.G.&E. until requested by the City. These funds would draw an annual interest rate after July 1, 1976 of 8% per annum until called for. The amount proposed, $231,200, is the estimated cost of construction of improvements and pavement along the entire frontage on both sides of Carlsbad Boulevard, including the bridge crossing, but excepting those parcels proposed to be dedicated to the public for beach purposes and excepting the Cannon Park frontage. Curb, gutter, and pavement exists along the Cannon Park frontage, so the sum includes the cost of constructing a sidewalk only in this area. In addition to the transfer of funds, S.D.G.&E. will construct sodium vapor street lights (20,000 lumen) on 300 foot intervals, at their expense, and turn them over to the City. Future power rates for these lights will be the same as for other City owned lights. City staff expressed to S.D.G.&E. their opinion that those sections of beach currently under lease to the City should be dedicated to the State. Council concurred in this recommendation by minute motion on May 18, 1976 (Agenda Bill #3657). The attached agreement provides that S.D.G.&E. will pay to the City the sum of $42,344 for those improvements adjacent to the beaches in question. •I . City Manager August 9, 1976 Page 2 * This amount would be in addition to the previously stated $231,200 but, should S.D.G.&E. grant a public beach easement prior to the completion of plans and specifications for this project, the obligation for payment of the $42,344 will be relieved. RECOMMENDATION It is recommended that this attached agreement be forwarded to the City Council with a recommendation for approval. Ronald A. Beckman Public Works Administrator RAB/wv cc: City Planner City Engineer Assistant Manager o CD ~. o si 5 s 2S 1 1 l|jj§ "~ J ui O 5 2 § Q"o K — Sz o </j 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. 3997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- MENT BETWEEN THE CITY OF CARLSBAD AND- THE -SAN DIEGO GAS & ELECTRIC COMPANY PROVIDING FOR CARLSBAD BOULEVARD IMPROVEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE- MENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and the San Diego Gas & Electric Company, providing for construction of improvements to Carlsbad Boulevard, a copy of which is attached hereto marked Exhibit "A" and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the day of • , 1976 by the following vote, to wit: AYES: NOES : ABSENT : ROBERT C. FRAZEE, Mayor ATTEST : MARGARET E. ADAMS, City Clerk (SEAL) . EXHIBIT" A "TO KttbUJjUTJLUN INU. . . AGREEMENT FOR CARLSBAD BOULEVARD IMPROVEMENTS This agreement is made this day of ' , 1976, by and between the City of Carlsbad, a municipal corporation of-the State of California, hereinafter referred to as "City" and the San Diego Gas & Electric Company, a.California corporation, hereinafter referred to as "SDG&E". ' • . WITNESSETH WHEREAS, in 1971 SDG&E applied to the City for specific plan approval for certain public utility operations in the City of Carlsbad; and WHEREAS, as a condition of approval of said appl icatio.i, SDG&E was required by Section 2, Condition 13(A) of City Council Ordinance No. 9279 to construct street improvements, including curb, gutter, sidewalk, street- lights and twenty feet of paving along each side of SDG&E's property which has frontage on Carlsbad Boulevard; except public beaches and property • dedicated for public parks. Portions of SDG&E property constituting potential public beaches are identified in Exhibit A, attached hereto and made a part hereof. WHEREAS, City and SDG&E have reached agreement regarding the provisions for the construction of such improvements and the satisfaction of SDG&E's obligations in that regard; . NOW, THEREFORE, the parties hereto agree as follows: 1. SDG&E agrees to install high pressure sodium vapor streetlights to City of Carlsbad specifications on three hundred foot centers along the entire frontage of SDG&E property along Carlsbad Boulevard, which for purposes of this section shall include the Cannon Park and Public Beach properties. SDG&E's LS2 charge rate shall be utilized. SDG&E agrees to commence the .... • • installation of all required lights within ninety days after written notice requiring the construction is mailed by City to SDG&E. SDG&E shall be responsible for paying all costs of installation of the streetlights re- quired by this section which shall be in addition to their obligations pursuant to Section 4 of this agreement. 2. City has planned a major improvement project for Carlsbad Boulevard between its intersections with Cannon Road and Tamarack Avenue, which includes all portions of SDG&E's property subject to the improvement obligations of Ordinance No. 9279. This project .will include the recon- struction of the Carlsbad Boulevard bridge over the Agua Hedionda Lagoon Channel. City and SDG&E agreed it is to their mutual benefit to combine and integrate City's improvement project with the construction by SDG&E of the improvement in satisfaction of their obligation. The combination of the various constructions necessary will result in a net reduction of the construction costs for which each party would be individually responsible • • and, in addition, SDG&E will benefit from the expenditures to be made by City in conjunction with the project. 3. In order to accomplish the integration of SDG&E's improvements with the City's improvement project, it is necessary to design the project as a whole and to accomplish the work at the same time utilizing a single con- tracting authority. The parties hereto estimate there are approximately seven thousand feet of property owned by SDG&E with frontage on Carlsbad Boulevard which is subject to the improvement obligation. Until final 2. design of the project is complete, it is not possible to determine the « exact nature of the improvements to be constructed at any point on that frontage. Portions of SDG&E's property may be improved in excess of the requirements of Ordinance No. 9279 or portions may have less than the list of improvements indicated therein consistent with the overall design of the project to be approved by City. 4. SDG&E and City agree that the sum of.$231,200 is a fair estimate and approximation of the total cost of SDG&E's obligation for public improvements pursuant to Ordinance No. 9279. SDG&E agrees to pay, and the City agrees to accept, said sum of $231,200 in full satisfaction of SDG&E's obligation to construct such improvements. Upon deposit by SDG&E of the $231,200, and the City's acceptance thereof, SDG&E will be relieved of all 'further obligations in regard to Section 2, Condition 13(A) of Ordinance No. 9279, except as provided in Sections 1 and 8 of this agreement. .5. SDG&E agrees to deposit the sum of $231,200 with the City of Carlsbad immediately upon receipt of a written demand therefor from the C-ity. The City may make such demand at any time on or after July 1, 1976. SDG&E retains the right, on or^fter July 1,' 1976, to tender the money to City in full satisfaction of their obligations hereunder. Commencing on July 1, 1976, SDG&E agrees to pay to City, in addition to the sum of 4 $231,200, interest at the rate of 8% per year, compounded daily. SDG&E's obligation to pay interest shall terminate upon deposit of the $231,200, plus accrued interest, if any, to the payment date. 6. City agrees to utilize all monies paid by SDG&E pursuant to this agreement for the costs of the integrated improvement project for Carlsbad Boulevard between its intersections with Cannon Road and Tamarack Avenue. The funds will be used as a portion of the payment for the entire project costs. 3. The. exact nature and extent of the public improvements to'be constructed at any particular point on Carlsbad Boulevard.may vary in the City's sole discretion. City agrees to consult with SDG&E regarding the improvements to be constructed prior to the invitation for bids for the project. 7. The parties hereto understand that the integrated project contemplated by this agreement is dependent for a significant portion of . its funding on grants from other governmental'entities. Notwithstanding the provisions of Section 6, in the event City determines all or any portion of such grants will not be forthcoming as anticipated by City, or City otherwise determines not to proceed with such project, the funds deposited by SDG&E in accord with this agreement may be used by City for improvements to Carlsbad Boulevard between its intersection with Cannon Road and Tamarack Avenue. The exact nature and extent of such improvements to be constructed at any particular point on Carlsbad Boulevard may vary in the City's sole discretion. City agrees to notify SDG&E of its election to proceed pursuant . to this section and to consult with SDG&E regarding the improvements to be constructed prior to the invitations for bids for such improvements.• » 8. Portions of SDG&E's property are identified on Exhibit A as potential public beaches. The parties agree that the sum of $42,344 is a fair estimate and approximation of the total- cost of SDG&E's obligation for public improvements pursuant to Ordinance No, 9279 for such property. SDG&E-agrees to pay, and City agrees.to accept, said sum of $42,344 in full satisfaction of SDG&E's obligation to construct such improvements. Upon deposit by SDG&E of the $42,344, and the City's acceptance thereof, SDG&E will be relieved of all further obligations in regard to Section 2, Condition 13(A) of Ordinance No. 9279 in regards to such property, except as provided in Section 1 of this agreement. SDG&E's obligations, pursuant to this 4. ' section, shall be in addition to their obligations under "Sections 1 and 4 of this agreement. All provisions of this agreement applicable to the $231,200 payment shall also apply to the $42,344 payment required by this section of the agreement. / Ordinance No. 9279 exempts public beaches from the public improvement requirement. If the properties identified on Exhibit A as potential public . beaches become in fact public beaches as hereinafter provided, SDG&E shall be relieved of all further obligations under this section and any money deposited by SDG&E pursuant to this section shall be returned by City. • The parties agree that the properties will become public beaches upon the grant by SDG&E of an easement for the public recreational vse of the property to the State of California under terms and conditions acceptable to City, or upon the grant by SDG&E of the property, or an interest in the property, to City for public recreational use under terms and conditions acceotable to City. In order to be relieved of their obligations under this section, • the grants referred to herein must be accomplished and be of record prior to the approval by City of plans and specifications for the construction • of the improvement to Carlsbad. Boulevard contemplated by this agreement. City agrees to notify SDG&E sixty days in advance of the date for submittal of the plans and specifications to the City Council for approval. 9. Notices to be given from or to either party may be addressed as follows: a". SDG&E at 101 Ash Street, San Diego, Ca, 92101 b. City at 1200 Elm Avenue, Carlsbad, Ca. 92008 Notices shall be deemed given hereunder when placed by either party in the United States mail, postage prepaid, certified and properly addressed to 5. the other. IN WITNESS WHEREOF, the parties have individually executed and caused this agreement to be executed for and on behalf of each by their respective officers or agents as of the day and year first above written. SAN DIEGO GAS & ELECTRIC COMPANY A California Corporation ATTEST enior Vice President CITY OF CARLSBAD, A MUNICIPAL Corporation of the State of California BY ROBERT C. FRAZEE, Mayor ATTEST: MARGARET E. ADAMS, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney APPROVED AS TO FORM Date _ _ _ RvJi-S-^i-T 193k- Patricia A.Cov;ett, Attorney 6. MEMORANDUM DATE: JULY 19, 1989 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: AGENDA ITEM NO. 1 - MINOR AMENDMENT TO SP-144 - SAN DIEGO GAS & ELECTRIC Minor Amendment to SP-144 was continued from the Planning Commission meeting of June 7, 1989 in order to research the applicability of engineering conditions being recommended to staff. Based on staff's research, the Resolution of approval (Resolution No. 2859) has been modified by removing the conditions regarding street improvements and undergrounding of utilities. Otherwise, the staff report and recommendation remains the same and a copy is attached. MJH:af RECEIVED MEMORANDUM August 9, 1976 AUG091976 TO: City Manager CITY OF CARLSBAD Planning Department FROM: Public Works Administrator SUBJECT: San Diego Gas & Electric Agreement for Carlsbad Boulevard Improvement City Council in 1971 approved a specific plan for the enlargement for the San Diego Gas & Electric Encina power plant facilities by adoption of Ordinance #9279. A condition of that ordinance required S.D.G.&E. to improve all frontages of Carlsbad Boulevard except those adjacent to dedicated parks or public beaches. Because of the apparent need to replace the Agua Hedionda Lagoon inlet bridge, City staff requested S.D.G.&E. delay installation of improvements until more detailed information concerning the line and grade of the bridge could be obtained. Obtaining this information became more difficult than anticipated. As a result of this, staff from S.D.G.&E. and the City began meeting to discuss a way to coordinate the work. At a meeting held in City offices on December 17, 1975, City staff discussed the details of the proposal with S.D.G.&E. staff. It was agreed that the best benefit for both parties would be obtained by S.D.G.&E. agreeing to pay funds to the City in lieu of construction. This has an additional benefit to the City in that if grant funds for the bridge replacement and/or road construction could be obtained, the Utility company's funds would provide a major source of matching funds. Funds would be held by S.D.G.&E. until requested by the City. These funds would draw an annual interest rate .after July 1, 1976 of 8% per annum until called for. The amount proposed, $231,200, is the estimated cost of construction of improvements and pavement along the entire frontage on both sides of Carlsbad Boulevard, including the bridge crossing, but excepting those parcels proposed to be dedicated to the public for beach purposes and excepting the Cannon Park frontage. Curb, gutter, and pavement exists along the Cannon Park frontage, so the sum includes the cost of constructing a sidewalk only in this area. In addition to the transfer of funds, S.D.G.&E. will construct sodium vapor street lights (20,000 lumen) on 300 foot intervals, at their expense, and turn them over to the City. Future power rates for these lights will be the same as for other City owned lights. . . City staff expressed to S.D.G.&E. their opinion that those sections of beach currently under lease to the City should be dedicated to the State. Council concurred in this recommendation by minute motion on May 18, 1976 (Agenda Bill #3657). The attached agreement provides that S.D.G.&E. will pay to the City the sum of $42,344 for those improvements adjacent to the beaches in question. City Manager August 9, 1976 Page 2 This amount would be in addition to the previously stated $231,200 but, should S.D.G.&E. grant a public beach easement prior to the completion of plans and specifications for this project, the obligation for payment of the $42,344 will be relieved. RECOMMENDATION It is recommended that this attached agreement be forwarded to the City Council with a recommendation for approval. A. Beckman Public Works Administrator RAB/wv cc: City Planner City Engineer Assistant Manager •UKAH . . . • Nov. 20.1973 TO: CITY MANAGER FROM: PLANNING DIRECTOR SUGGESTED ALTERNATIVE TO CONDITION NO. 10, S.D.G. & E. - SPECIFIC PLAN AMENDMENT TO PROVIDE FOR 400 FT. STACK. ....... Existing Condition #10 of Planning Commission Resolution No. 986: The approval granted herein is subject to review on a seven- year basis. Prior to the seventh year anniversary of this approval, the applicant and 'the City Council shall decide if a report describing the "State of the Art" and of alternate- emission control systems, that could be utilized in lieu of the 400 ft. stack is appropriate. Said report shall be con- sidered as an amendment to the accepted E.I.R. When a reasonable alternative system is found to exist, the applicant shall make every effort to convert the Encina Power Plant to said system, said conversion should include the considerations of the removal of the 400 ft. stack. Recommended Condition per Staff Report dated November 13, 1973: The approval granted herein is subject to review on a seven-year basis. Six weeks prior to the review year anniversary of this approval, the applicant shall file with the Planning Department a report describing the "State of the Art" of the available alternative emission control systems that could be utilized in lieu of the 400 ft. stack. Said report shall be considered as an amendment to the accepted E.I.R. When a reasonable alternative system is found to exist, the applicant shall make every effort to convert the Encina Power Plant to said system, and said conversion shall include the removal of the 400 foot stack. SUGGESTED ALTERNATIVE TO CONDITION No. 10. The approval granted herein is subject to review within 3 years of the effective date of this Ordinance. Six weeks prior to the 3rd anniversary of this Ordinance, the Applicant shall report to the City Council the "State of the Art" for air pollution emission control systems. In that the proposed 400 ft. stack is a temporary measure being utilized in the absence of a reasonable alternative at this time, the applicant shall convert the proposed air pollution emission control system, if at the time. of report (3 years after adoption of this Ordinance) a functional cleaner air emission control system is found to exist. MEMORANDUM. v August 13, 1973 TO: CITY MANAGER FROM: PLANNING DIRECTOR SUBJECT: CONSULTANT SERVICES CONTRACT FOR ENCINA POWER PLANT STACK Attached is a contract submitted by Westec Services, Inc. to prepare the necessary Environmental Impact Report for the Encina Power Plant modification. The City Attorney has reviewed the document and is of the opinion that it is valid. Therefore, I would recommend the subject contract be used and simultaneously the Staff prepare a standard contract for E.I.R. Services that may be used in the future. cc: City Attorney DONALD A. AGATETS' Planning Director JUL 1 6 1973 WESTEC Services, Inc. / 1520 State StreQIJ $,2 / (714) 233-7572 Planning Department73r209 July 13, 1973 Mr. Donald Agatep Director Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, California Subject: Proposal for Consulting Services Dear Mr. Agatep: In response to your letter of July 13, 1973, WESTEC Services, Inc. is pleased to submit this letter agreement to prepare an environmental impact report for the planned Encina Plant Stack Modification Project. This project consists of replacing the existing four stacks at elevation 190 feet with a single stack at elevation 400 feet. The single stack will service all five (encina 1-5) steam units. The impact report would be prepared to the City of Carlsbad guidelines. Scope of Services WESTEC Services, Inc. will prepare a draft environmental impact report for the Encina Plant Stack in a. format suitable for submittal to the City of Carlsbad. The analysis will assemble available data and pro- vide assessments of the probable short-term and long-range effects of the project, as well as any measures to mitigate impacts. The analysis will be addressed to: 1. Human environmental impacts of the project related to: a. Aesthetic and visual characteristics b. Safety c. Construction-related functions (noise, socio-economic implications, etc.) 2. Physical impacts dealing with: a. Air quality effects b. Geologic and soils conditions 3. Any other impacts pertinent to the stack addition The impact report will follow the format and ordinances adopted by the City of Carlsbad to implement the California Environmental Quality Act of 1970 and State of California Environmental Impact Statement Guide- lines adopted on February 5, 1973. A draft report in the amount of Mr. Donald Agatep July 13, 1973 Page 2 5 copies can be provided 5 weeks after an agreement to perform the work is signed. Thereafter, when the City's review is complete and comments are received, 50 copies of the final environmental impact report will be provided in five working days. Program Responsibilities WESTEC Services, Inc. will be responsible for the preparation of the environmental impact report with David L. Parkinson serving as study director. The objective of our work will be a complete and comprehensive analysis of the environmental impacts associated with the Encina Plant Stack Project. Our report will draw on other environmental studies per- formed by consultants to San Diego Gas § Electric Company for the expan- sion of the Encina Plant. Fees We estimate that our total fee for the services outlined above will be in the vicinity of $7,900.00 and we will not exceed this cost without specific authorization from the City of Carlsbad. Monthly progress payments based on invoices submitted for work accomplished are requested. The fee quoted would-cover costs involved in completing the assign- ment with the submission of the draft environmental impact reports to the City of Carlsbad. A submission fee of $200.00 payable to the City of Carlsbad is included in the above price estimate. Any follow-up assign- ments related to presentations or reviews with public bodies could be best provided for in a mutually acceptable supplemental agreement. Acceptance You may authorize WESTEC Services, Inc. to proceed with the assign- ment outlined here by returning a signed copy of this agreement for our files. Respectfully submitted, Approved by: William R. Eldredge /For the City b± Carlsbad. Vice President Date ^-"- ^ WRE:jIr MEMORANDUM July 25, 1973 TO: CITY MANAGER FROM: PLANNING DEPARTMENT SUBJECT: REQUEST OF THE CITY COUNCIL TO AUTHORIZE THE CITY MANAGER TO SIGN CONTRACTS FOR THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS. Provisions of the City of Carlsbad Environmental Protection Ordinance permit the City of Carlsbad to contract consultant services for the preparation of E.I.R.'s, Sec. 19.04.150 of -the Carlsbad Municipal Code. San Diego Gas ?< Electric has submitted a reouest to the City of Carlsbad for the City to have an Environmental Impact Report orepared for the "single stack" associated with Encinas Unit #5 (their written request is attached). This Department has solicited professional help in the pre- paration of the Envirnomental Impact Report. A reoly was submitted by Westec Services, Inc. stating their abilities, timing and cost of the preparation of the Environmental Impact Report (the request for assistance and the reply are also attached). It is my recommendation that the City Council give the City Manager the authority to sign a contract which would allow for soliciting E.I.R. assistance. TOJATD A. AGATEP, Planning Director Attachments: 1. Request fron) SQG&E to prepare. ETR 2. Request from City for prQ.fe.ss,ional a,ssistance in oreparatton of ETR 3. Reply frotn Westec Services, Inc. 4. Letter from City Attorney to SDG5E re: requirement to pay fee for preparation pf ETJ\ WRITE IT—DON'T SAFIT INTER DEPARTMENT MEMORANDUM A. M. TO CITY MANAGER DATE July 17, 19 73 P. M. Attached is a memo from the City Attorney and supportive information on a request by S.D.G. & E. for the City to prepare the EIR for a "single stack", associated with the Encina Power Plant. S.D.G. & E. has proposed reimbursement of fees incurred in the preparation of the report. My .que-siion is, can the City negotiate the contract without City Council approval, providing S. D. G. & E. has a signed agreement offering to pay for the service? REPLY ON THIS SHEET FROM Donald Agatep, Planning Director W1LMER "SERVICE" IJNE STANDARD INTER DEFT. MEMO. FORM 1 1-24 WRITE IT—DON'T SAY IT INTER-DEPARTMENT MEMORANDUM TODon Agatep Re: Your Memo of 7-16-73 DATE July 17 19 73 A. M. P. M. Assuming the proposals submitted by WESTEC will meet all the applicable E.I.R. requirements, it should be sufficient for our purposes. I would think that we should prepare a short agreement or letter of understanding between the City and the Gas and Electric Company indicating their approval of the contract with WESTEC and for their acceptance of the obligation to pay the costs. I would suggest that you discuss this matter City Manager. It may be that we should have authorization before executing the agreement with the Counci1 with WESTEC REPLY ON THIS SHEET VINCENT F. BIONDO.JR. FROM City Attorney WILMER "SERVICE" UNE STANDARD INTER DEPT. MEMO. FORM 1 1-24 T SAY IT SNTER-DEPARTMiNT MEMORANDUM TO DATE 19 73 A. M. REPLY ON THIS SHEET FROM JCHT U.NE 1200 ELM AVENUE m *$%& , m TELEPHONE: CARLSBAD, CALIFORNIA 920C8 ^^WOy & €i . (714)729-1181 Citp of Csrlsfbsfc July 13, 1973 DavidL.Parkinson President WESTEC Services, Inc. 1520 State Street San Diego, CA 92112 / Dear Mr. Parkinson: The City of Carlsbad has recently received a request from the San Diego Gas and Electric Company to prepare an Environmental Impact Report for the proposed 400 ft. Single "Stack" which is to be built in conjunction with the 5th generating unit of the Encina Power Plant in Carlsbad. The Planning Department does not have the ability or the Staff to adequately prepare a comprehensive environmental report as required by the California Environmental Quality Act of 1970. Therefore, the City is soliciting the assistance of acknowledged professionals in the field of air quality and power generation. The specific request by the Gas and Electric Company is to amend an existing Specific Plan {City of Carlsbad Ord. 9279) by pro- posing the construction of a 400 ft. single stack in conjunction with the 5th generating unit, and additionally it would replace the four smaller existing stacks. The assumed intent of the Amendment and the application is to ensure applicable air quality standards in connection with the Encina power plant. If your firm is desirous of preparing such a report, please indi- cate so in writing, and include proposed cost and time necessary to complete the impact report. This department has substantial information relating to the proposed "stack" and the 5th generating unit which you are free to review and use if you wish. Your timely response to this request would be appreciated. WESTEC Services July.13, 1973 Page 2 Enclosed is the referenced City of Carlsbad Ordinance and the City of Carlsbad Environmental Protection Ordinance of 1972, as well as the application as submitted by the Gas and Electric Company. Sincerely, CITY OF'CARLSBAD DONALD A..AGATEP, Planning Director DAA:le Encls. «gon mufnyijtgnmmiv ^ WESTEC Services, Inc. / 1520 State Street, San Diego, California 92112 / (714) 233-7572 73-209 July 13, 1973 Mr. Donald Agatep Director Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, California Subject: Proposal for Consulting Services Dear Mr. Agatep: In response to your letter of July 13, 1973, WESTEC Services, Inc. is pleased to submit this letter agreement to prepare an environmental impact report for the planned Encina Plant Stack Modification Project. This project consists of replacing the existing four stacks at elevation 190 feet with a single stack at elevation 400 feet. The single stack will service all five (encina 1-5) steam units. The impact report would be prepared to the City of Carlsbad guidelines. Scope of Services WESTEC Services, Inc. will prepare a draft environmental impact report for the Encina Plant Stack in a format suitable for submittal to the City of Carlsbad. The analysis will assemble available data and pro- vide assessments of the probable short-term and long-range effects of the project, as well as any measures to mitigate impacts. The analysis will be addressed to: 1. Human environmental impacts of the project related to: a. Aesthetic and visual characteristics b. Safety c. Construction-related functions (noise, socio-economic implications, etc.) 2. Physical impacts dealing with: a. Air quality effects b. Geologic and soils conditions 3. Any other impacts pertinent to the stack addition • The impact report will follow the format and ordinances adopted by the City of Carlsbad to implement the California Environmental Quality Act of 1970 and State of California Environmental Impact Statement Guide- lines adopted on February 5, 1973. A draft report in the amount of Mr. Donald Agatep July 13, 1973 Page 2 5 copies can be provided 5 weeks after an agreement to perform the work is signed. Thereafter, when the City's review is complete and comments are received, 50 copies of the final environmental impact report will be provided in five working days. Program Responsibilities WESTEC Services, Inc. will be responsible for the preparation of the environmental impact report with David L. Parkinson serving as study director. The objective of our work will be a complete and comprehensive analysis of the environmental impacts associated with the Encina Plant Stack Project. Our report will draw on other environmental studies per- formed by consultants to San Diego Gas § Electric Company for the expan- sion of the Encina Plant. Fees We estimate that our total fee for the services outlined above will be in the vicinity of $7,900.00 and we will not exceed this cost without specific authorization from the City of Carlsbad. Monthly progress payments based on invoices submitted for work accomplished are requested. The fee quoted would cover costs involved in completing the assign- ment with the submission of the draft environmental impact reports to the City of Carlsbad. A submission fee of $200.00 payable to the City of Carlsbad is included in the above price estimate. Any follow-up assign- ments related to presentations or reviews with public bodies could be best provided for in a mutually acceptable supplemental agreement. Acceptance You may authorize WESTEC Services, Inc. to proceed with the assign- ment outlined here by returning a signed copy o£ this agreement for our files. Respectfully submitted, Approved by: William R. Eldredge For the City of Carlsbad Vice President Date WRE:jlr „ a \j f\ x^*Mfc*<*&L^a4fc* s&A* ^%£*cJ^3 JTX3L :v —/— &4JUL* ^n^ tft&^G£tt4**-> /o I CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (714) 729-1181 VINCENT F. BIONDO JR. CITY ATTORNEY September 13, 1976 WESTEC Services, Inc. 1520 State Street ^° 1 3 1976 San Diego, California 92101 Attn; Mr. D. L. Parkinson P/anni, president Banning Department Re: Contractual Agreement, August 14, 1973, for Encina Stack EIR Dear Mr. Parkinson: We have your letter of September 7, 1976, and have reviewed the letter agreement dated July 13, 1973, between WESTEC Services, Inc. and the City of Carlsbad for the Encina Stack EIR. I have been informed by the Planning Department that WESTEC has performed its obligations under the referenced agreement and has accepted the cities final payment in full for those services. The agreement clearly provides that any follow-up assignments related to the EIR shall be covered in a mutually acceptable supplemental agreement. I am aware of no such supplemental agreement having been made,. nor at this time do we contemplate making one. Please be advised that the City of Carlsbad believes the request -contained -in your—letter- of Septemb"er>7y 1976 y to be unusual, unreasonable and unjustified. The City has not asked for any additional services from WESTEC at this time and has no intention of doing so. The City has no intention of paying for something it does not want and has not asked for. The City is not responsible for the actions of Community Cause.' The validity of your subpeona and the appropriate response to it is a matter for you, your attorneys and the parties issuing the ^subpeona. I am sure if you consult with your attorneys you .will_Ee. advised -that^if ~the~_subpeona is valid the _only reimbursement to which you are entitled are the statuatory witness fees. Under no circumstances will the .City of Carlsbad consider itself responsible. . Under our agreement, in the event the City would consider it nec- essary .to request further public appearances from your firm we would proceed to make the mutually , acceptable supplemental agree- ment .contemplated by the August 14 f, 1973, contract. No such September 13, 1973 Mr. D. L. Parkinson Page 2 arrangements have been made. Surely you understand that being involved in litigation is an inherent part of the EIR business. EIR's are usually prepared on projects of some public concern and it is not unreasonable to expect that that concern can result in"litigation. In our view, the risk of becoming involved in litigation is a cost of doing business. I have forwarded a copy of your letter of September 7, 1976, to the Planning Director and the City Manager, and by a copy of this letter recommended that they consider this problem in soliciting proposals for EIR's in the future. Very truly yours, VINCENT F. BIONDO JR City Attorney VFB/gb cc: City Manager Planning Director WESTEC Services, Inc. 1520 State Street San Diego, California 92101 (714) 233-7572 76-413 September 7, 1976 Mr. Vincent Biondo City Attorney City of Carlsbad 1200 Elm Avenue Carlsbad, CA Re: Contractual Agreement August 14, 1973 for Encina Stack EIR Dear Mr. Biondo: Under reference agreement in 1973 WESTEC Services, Inc. prepared an environmental impact report for the City of Carlsbad for the proposed SDG§E Encina Plant 400 Foot Stack. This EIR was completed and adopted by the City of Carlsbad in December 1973. Recently we were subpoenaed by Carlsbad Community Cause to appear as a witness in a case between Community Cause and the City of Carlsbad concerning the approval of the permit to build the 400 foot stack. As is normal under these'types'of circumstances~with our clients, WESTEC Services, Inc. would expect reimbursement from the City for any time in court appearances we may be required to make in connection with this case. Our rate is $400.00 per day or any part thereof for court appearances in connection with expert testimony associated with environmental reports. My hope is that we can avoid any court appearance with this case. I believe that Community Cause has decided not to require our testimony. However, if Community Cause, insists on our presence at a future .hearing-I -believe -we are-gust if ied in -.= asking for reimbursement from the City for this time. Sincerely-;, David L. Parkinson President DLP:dpo ^D&EJ SAN DIEGO GAS & ELECTRIC COMPANY P.O. BOX 1831 SAN DIEGO. CALIFORNIA 92112 (714) 232-4252 December 19, 1975 MUG 010 RECEIVEDMr. Don Agatep Planning Director np-p 9 n 1200 Elm Avenue ucb * 6 1975 City of Carlsbad Carlsbad, CA 92008 CITY OF CARLSBAD Dear Don: "'*>""* Department This letter is to follow up our conversation regarding the additional information you requested concerning Encina Unit No. 5. Enclosed is a copy of: 1. California Public Utilities Commission certificate of public convenience and necessity. 2. San Diego Coast Regional Commission Staff project summary. 3- San Diego Coast Regional Commission Staff re- commendation. 4. State Coastal Commission Staff appeal summary. 5. County of San Diego resolution in favor of Encina Unit No. 5- 6. State Coastal Commission-Staff recommendation. 7. Letter of May 27, 1975 to State Coastal Commission Chairman. 8. Letter of June 24, 1975 to State Coastal Commission Staff. 9. Letter of June 30, 1975 to State Pish & Game 10. Resolution from City of San Diego in support of Encina Unit No. 5- <r\'v\Should you require additional information, please let me know. Sincerely, /\ ^ v E. M. Gabrielson Supervisor Land Engineering EMG:Ima AN INVESTOR-OWNED CORPORATION Conservation Committee Sierra Club San Diego Chapter Office House of Hospitality 154-9 El prado, Balboa Park San Diego, California 92101 March 29, 1975 Planning Department Carlsbad ,-City Hall Carlsbad, California Dear sir: Our office would like to obtain a copy of the Environmental Impact Report on the Enclna Unit 5 fossel fuel plant. If you are able to mail us the B1R, please include the information as to the period of time alloted for public review. Thank you for your kind consideration. Sincerely yours, Cynthia B. Goodaon Energy and. Air Pollution Conservation Sub-Committees EEC^IVED MAR 3 1 1375 CITY OF CARLSBAD SAN DIEGO GAS & ELECTRIC COMPANY P.O. BOX 1831 SAN DIEGO, CALIFORNIA 92112 FILE NO CNB 100 October 16, 1973 Mr. Frank Lilly City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Lilly: Please refer to the discussion we had on Monday, October 15, 1973, concerning the scheduling of a City Council hearing on the Single Stack at our Encina Power Plant. Your recommendation was that a letter be directed to you so that appropriate steps may be initiated by the City. As indicated at the meeting, a letter dated June 12, 1973, was sent to the City of Carlsbad, asking the City to hire a con- sultant to prepare an Environmental Impact Report for the Single Stack. Considerable time lapsed before the City actually hired a consultant to prepare the EIR. As a result of the four-month delay, our scheduling for construction of the power plant and the Single Stack is critical. Therefore, we are asking you for your assistance in scheduling our Single Stack item on the Council agenda for November 20, 1973. Hopefully, there will be sufficient time remaining so that we can be heard by the Coastal Commission and still meet a construction date of January 1, 1974. Your assistance in having the Single Stack project on the Council agenda for November 20, 1973, will be greatly appreciated. Sincerely, H. E. Richmond HER:dd INVESTOR-OWNED BY MORE THAN 35.000 STOCKHOLDERS "i200 ELM AVENUE CASLS3AD, CALIFORNIA 92CC8 Office of the City Manager Cii? of Carlsfcab August 17, 1973 TELEPHONE: (714) 729-1181 TO WHOM IT MAY CONCERN: Central Surveys, Inc. has informed the City of Carlsbad that they have been asked to conduct a survey by Westec Services, Inc. in connection with an Environmental Impact Report which is being prepared for the City of Carlsbad. Residents are not obligated to participate, however the cooperation of all persons contacted would be greatly appreciated. In an effort to make the City a more pleasant place in which to live, your participation is encouraged. Please feel free to contact the Planning Department of the City of Carlsbad if you have any questions. DON AGATSP PLANNING DIRECTOR^ DA:ldg cc: Mayor City Attorney City Manager Chief of Police • City Clerk QUALIFICATIONS OF WESTEC SERVICES FOR ENVIRONMENTAL CONSULTING SERVICES Name of Firm: WESTEC Services, Inc. Address of Firm; 1520 State Street, San Diego, CA 92101 17632 Irvine Blvd., Suite S, Tustin, CA 92680 Phone Number of Firm: (714) 233-7572 (San Diego) (714) 838-4644 (Tustin) Contact for Environmental Services: David L. Parkinson (San Diego) Fay 0. Round, Jr. (Tustin) Services Avail able; Air Quality Biological Acousti c Archaeologi cal/Hi story Water Quality Sociological Geological/Soils Aesthetics Facilities Available: Modern office space, publication, reproduction equipment, drafting facilities, electronic calculating equipment. Qualification of Personnel: The WESTEC Services' staff and our associates offer very broad expertise necessary for most environmental analyses. The disciplines available include air quality, acoustics, hydrology/water quality, biology/ecology, geology/soils, archaeology, historical elements, and the human environment (socio-economic, aesthetics, public services, and facilities, etc.). Recent Environmental Impact Reports by WESTEC Services. Inc. Client Location Project Title RESIDENTIAL ENVIRONMENTAL IMPACT ANALYSES Coronado Cay Company Hall craft Homes, Inc. Penasquitos, Inc. B. R. Schoeffel Penasquitos, Inc. Techbilt Construction Corp. Penasquitos, Inc. American Housing Guild Coronado, CA San Diego, CA San Diego, CA Escondido, CA San Diego, CA La Jolla, CA San Diego, CA San Diego, CA Roy L. Klema, Engineers, Escondido, CA Inc. Roy L. Klema, Engineers, Escondido, CA Inc. Pierce Realty Co.Alpine, CA "Coronado Cays Environmental Impact Study" "Carmel Mountain/East Environmental Impact Study" "Rancho de los Penasquitos, Glens Project Environmental Impact Analysis" "Buena Ventura Project Environmental Impact Analysis" "Rancho de los Penasquitos, Knolls Units 3 and 4 Project Environmental Impact Analysis" "La Jolla Alta Project Environmental Impact Analysis" "Rancho de los Penasquitos, High- lands Environmental Impact Analysis" "Mission Springs Project Environ- mental Impact Analysis" "Escondido Mobile Home Park Environmental Impact Analysis" "Mary Lane Estates Environmental Impact Analysis" "Palo Verde Ranch Environmental Impact Report" CONROCK Co. City of National City INDUSTRIAL ENVIRONMENTAL IMPACT ANALYSES San Diego, CA National City, CA "Sand and Gravel Lakeside Operations Environmental Impact Analysis" "Public Works Yard - Environmental Impact Analysis" Client Location Project Title Kaiser-Aetna Dunn Industrial Builders, Inc. San Diego, CA Santa Ana, CA "Scripps Miramar Business Park Environmental Impact Analysis" "Miramar I Business Park Environmental Impact Analysis" COMMERCIAL ENVIRONMENTAL IMPACT ANALYSES Alpine Associates Gouvis Engineering Mr. Larry Sutton Alpine, CA Long Beach , CA Tustin, CA "Singleton Square Shopping Centre Environmental Impact Analysis" "Tong Lei Motel and Restaurant Environmental Impact Report" "Sutton Investment Building Environmental Impact Report" Sports World, Inc. RECREATIONAL ENVIRONMENTAL IMPACT ANALYSES Chula Vista, CA G. H. L. Development Co. Borrego Springs, CA "Sports World Environmental Impact Analysis - Noise, Air Quality, History" "Peg Leg Park Environmental Impact Report" POWER GENERATION SITE:STUDIES San Diego Gas & Electric Co. Dames and Moore, Consulting Engineers San Diego, CA San Diego, CA Woodward Envicon, Inc. San Diego, CA Environmental Consultants "Environmental Impact Analysis of Six Alternative Gas Turbine Sites in San Diego County" "San Diego Gas and Electric Power Plant Siting Study - Noise and History" "Noise Impact Analysis of SDG&E 1975 Gas Turbines" Client La Costa Land Co. Navajo Associates H/D Development Corp. Location SPECIALIZED ANALYSES Carlsbad, CA San Diego, CA Rancho Santa Fe, CA Project Title "Environmental Survey of La Costa Property" "Navajo Road Development Environ- mental Impact Analysis - Noise, Air Quality" "Pala Mesa Project, Air Quality and Noise Study" *"SAN DIEGO GAS & ELECTRIC COMPANY P.O. BOX 1831 SAN DIEGO. CALIFORNIA 92112 July 17, 1973 FILE NO CNB 100 X-MUC 020 Mr. Don Agatep Planning Director City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Subject: Specific Plan Modification-San Diego Gas & Electric Company Power Plant Property Dear Don: This letter will confirm our meeting on July 6, 1973, at which time formal application was made for amending the specific plan on our Encina Power Plant property. Included with the application, were (1) plans and elevation drawing showing the five unit power plant buildings and the single stack, (2) an environmental impact assessment of the modification, and (3) a booklet of photographs of the Encina Power Plant depicting the expected plant appearance with proposed additions. You asked for additional copies of the existing specific plan as well as copies of the amended specific plan. Copies of both the existing and amended specific plans are being printed. They should be delivered to you the week of July 16, 1973. Enclosed with this letter are five copies of the booklet of photographs on the expected appearance, and a check for $100 to cover the filing of the application and a check for $200 as a deposit for your environmental assessment of the environmental impact report. Additionally we are providing you with a copy of the FAA approval of the single stack. This single stack does not exceed any standard of FAA part 77 and would not be a hazard to air navigation. The FAA will require that the single stack be lighted. We have already talked about the methods acceptable to the FAA. However, we need to discuss this subject further. One item that remains is the modification of the language in Paragraph 5 of Ordinance 9279, which approved the existing specific plan. We have taken your suggested language change and prepared a new Paragraph 5. Attached is a copy of the language modification for your review. Sincerely, . Richmond HERtgl Enclosure INVESTOR-OWNED BY MORE THAN 25.000 STOCKHOLDERS HER:gl 7/16/73 DRAFT New Language Ordinance #9279 - City of Carlsbad Delete Paragraph 5, add new Paragraph 5. The height of power generating buildings shall not exceed 165 feet elevation above mean sea level. The height of transmission line towers or aesthetic poles shall not exceed the standards required by the California Public Utilities Commission orders. The height of the single stack shall not exceed 400 feet elevation above mean sea level. All storage tanks shall be screened from view. No other structure or building shall exceed thirty five (35') in height unless a specific plan is approved at a public hearing. WRITE IT—DON'T SAY IT INTER-DEPARTMENT MEMORANDUM TO Don Agatep DATE July 12 73 A. M. P. M. There appears to be no further matters which would stand in the way of our processing SDG&E's application. I do think it would be well to firm up in writing our arrangements regarding their acceptance of the operation to pay the consultant. RECEIVED JUL121373 CITY OF CARLSBAD Planning Department REPLY ON THIS SHEET VINCENT F. BIONDO, OR City Attorney FROM WRITE IT—DON'T SAY IT INTER DEPARTMENT MEMORANDUM TO Don Agatep A. M. DATE July 6 19 73 P.M. Attached is a copy of the letter dated July 3, 1973, from the Public Utilities Commission in response to my letter to them of June 19th.,_ A copy of my letter to Mr. DeVore bringing him up to date on this matter is also attached for your information. As soon as we have a response from the Secretary of the Resources Agency, we can proceed with the processing of the company's application. Before actually committing the city to the consultant, we should have further written clarification from the company regarding their obligation to pay the consultant. Attachment REPLY ON THIS SHEET FROM Vincent F. Biondo,Jr City Attorney <7 VINCENT F. BIONDO JR. CITY ATTORNEY 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (714) 729-1181 June 19, 1973 Mr. William R. Johnson, Secretary California Public Utilities Commission State Building, 5th Floor Civic Center San Francisco, California 94102 Re: Encina Power Plant, Unit No Application No. 53369 Dear Mr. Johnson: The City of Carlsbad would like to make an inquiry through you to the appropriate party or parties in the Public Utilities Commission regarding the above-referenced application. The City of Carlsbad is in receipt of a letter dated June 12, 1973, from the San Diego Gas & Electric Company requesting that the City process a local land use entitlement concurrently with the above-referenced case. A copy of that letter is enclosed for your information. The City of Carlsbad controls land uses on and about the entire Encina Plant site through the device of a Specific Plan. That specific plan already includes provisions for Encina Unit No. 5. The plan, however, does not include any provisions for the 400 foot single stack proposed to be constructed by the company in conjunction with that unit. Consequently, before proceeding with construction in addition to all other approvals, the company will also have to secure an amendment to the specific plan from the City. The City of Carlsbad Environmental Protection Ordinance of 1972 requires that an environmental impact .report be presented and accepted by the City prior to their taking any action on the specific plan amendment. The ordinance also provides for acceptance of a report presented and accepted by another entity acting as a Lead Agency. The Company has asked the City to process an environmental evaluation of the "stack"portion of the California Public Utilities Commission Page Two June 19, 1973 project and consider its approval prior to completion of the overall report by the Commission. In effect, the company wishes to duplicate the environmental evaluations on that portion of the project. The request .by the company i,s permitted under our ~ ordinances and does not seem to create any conflict with the fact that the Commission is the overall Lead Agency for the project. However, the City would appreciate knowing the position of the Commission on this question. Specifically, we would like to know if the Commission has any objection to the City processing the environmental impact report on the single stack portion of the above-referenced application and the specific plan amendment concurrently with the Commission's action on the application as a whole. response to We would appreciate receiving your letter in ,o our inquiries at your earliest convenience.your Very truly yours, VINCENT F. BIONDO, Jl City Attorney VFB.Jr/mem Enclosure • cc: Frank W. DeVore San Diego Gas City Manager Planning Director Manager, Engineering Land Dept. & Electric Company COMMISSIONERS VERNON U, STURGEON, PRESIDENT WJLLIAM SYMONS, JR. J. P. VUKAS1N, Ja. THOMAS MORAN D. W. HOLMES ADDRESS ALL. COMMUNICATIONS TO THE COMMISSION CALIFORNIA STATE BUILDING SAN FRANCISCO, CALIFORNIA 94IO2 TELEPHONE: (415) 557- J 3?® Ittblu Utilities (Hummtsswtt STATE OF CALIFORNIA July 3, 1973 A-53369 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Gentlemen: Mr. Vincent F. Biondo, Jr. City Attorney This is in reply to your letter of June 19, 1973, which asked if the Commission objected to the City of Carlsbad processing an environmental report on the single stack portion of the Encina Power Plant, Unit Wo. 5- The subject of this ^00-foot single stack will also be covered in the Environmental Impact Report (EIR) to be prepared by the Commission. Under the Commission's Rules of Procedure, San Diego Gas & Electric Company has submitted to the Commission environmental information concerning the proposed stack. It appears that the report prepared by the consultant •which the company has requested you retain could also be reviewed by the Commission in preparing its final EIR. Your letter has acknowledged that the Commission is the Lead Agency as set forth in CEQA. The information developed in your EIR will therefore be of assistance to the Commission in preparing the report required by CEQA, Our staff has no objection to your proposed procedure in view of the scheduling problems and the other approvals required. Very truly yours, PUBLIC UTILITIES COMMISSION WILLIAM R. JOHNSON, Secretary VINCENT F. BIONDO JR. CITY ATTORNEY 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008 (714) 729-1181 June 19, 1973 Mr. Norman B. Livermore, Jr., Secretary of Resources 1416 Ninth Street Sacramento, California 95814 Dear Mr. Livermore: As the present time the Public Utilities Commission is acting as Lead Agency in processing an entitlement sought by the San Diego Gas & Electric Company for the construction of additional transmission lines, a fifth power generating unit and a 400 foot smoke stack at the company's Encina Power Station. The City of Carlsbad has received a request from the company to concurrently process a city entitlement for a portion of that project. Correspondence to date in this matter is enclosed for your information. The City of Carlsbad would appreciate receiving any comments you may have on this situation. We are specifically interested in whether or not the proposed concurrent processing presents any problems to your agency. We would appreciate hearing from you at your earliest convenience. Yours very truly, City Attorney VFB,Jr/mem Enclosures cc: Frank DeVore, Manager-Engineering Land Dept San Diego Gas & Electric Co. City Manager Planning Director 'MAN B. LIVERMORE, JR. SECRETARY RONALD REAGAN GOVERNOR OF CALIFORNIA OFFICE OF THE SECRETARY RESOURCES BUILDING 1416 NINTH STREET 95314 ver Board THE RESOURCES AGENCY OF CALIFORNIA SACRAMENTO, CALIFORNIA JUL -9 1973 State Lands Commission S;cfe Water Resources Control Board Regional Water Qualify Control Boards Mr. Vincent F. Biondo, Jr. City Attorney- City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Biondo: Thank you for your letter of June 19, 1973, inquiring whether the City of Carlsbad could concurrently process a city entitle- ment for a portion of construction of a power plant while the Public Utilities Commission is processing an entitlement for the same activity. Your letter recognizes that the Public Utilities Commission : is properly the lead agency. Our guidelines provide that the lead agency has the responsibility for producing the environ- mental impact report for an activity and that other agencies which act subsequently shall not require an additional EIR to be prepared. This was intended to speed the processing of applications- for approvals and to prevent costly duplication of effort. But where the applicant has requested that your city act before the lead agency has finished its EIR and is willing to pay the cost of your city preparing a separate EIR, we see no reason for your city not to proceed with a separate EIR and a concurrent processing of the entitlement. The provision In the guidelines is a protection to the appli- cant, but if he waives the protection, your city ; should feel free to proceed with the entitlement process. We hope this information is helpful to you. Thank you for your interest. Sincerely, Secretary" for Resources VINCENT F. BIONDO JR. CITY ATTORNEY 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (714) 729-1181 July 6, 1973 San Diego Gas & Electric Company P.O. Box 1831 San Diego, California 92112 Attention: Mr. Frank W. DeVore, Manager Engineering Land Dept. Dear Frank: Enclosed is a copy of a letter from the Public Utilities Commission dated July 3, 1973, received in response to my letter to them of June 19, 1973, regarding the requests contained in your letter to the City of June 12th. I have replied to the Commission and informed them that we assume on the basis of their July 3rd letter that it is permissible for us to proceed and consider the application. Thp Cjtv should be in a position to do just that as soon as we receive a reply from the Secretary~" of the Resourr.es regarding the propriety or sucn avction. Yours very truly, VFB,Jr/mem Enclosure VINCENT F. BIONDO, JR. City Attorney * * WESTEC Services, Inc. / 1520 State Street, San Diego, California 92112 / (714) 233-7572 73-198 July 3, 1973 RECEIVED Mr. Donald A. Agatep JUL 51973 Director, Planning City of Carlsbad /M-TW «•- «.«. ~~1200 Elm Avenue CITY OF CARLSBAD Carlsbad, CA Planning Department Dear Mr. Agatep: Pursuant with our telephone conversation this week, WESTEC Services, Inc. is pleased to submit an updated set of environ- mental consulting qualifications for our firm. These qualifica- tions are being provided specifically for consideration in connection with a planned environmental impact study of the pro- posed San Diego Gas and Electric Encina Plant stack modification. Enclosed is a general brochure describing the scope of our services and a synopsis of our contract experience. You will note that we have been involved in several power plant siting studies. In addition we recently completed an environmental impact study for the City of National City.. Of course, as you know, we have worked closely with David D. Smith and Associates on environmental impact studies. I believe we have a good understanding of the City's environ- mental impact study guidelines as they relate to the Encina stack modification and in addition are conversant in the technical aspects of this particular project. If there is any additional information that we can provide please let me know. Very truly yours, David L. Parkinson President DLP:nb Enclosure SAN DIEGO GAS & ELECTRIC COMPANY P.O. BOX 1831 SAN DIEGO. CALIFORNIA 92112 V TO June 12, 1973 ""* "*"" ~ Mr. Don Agatep Director of Planning JUN 14 1S/. City of Carlsbad 1200 Elm Avenue CITY OR f ARl cr Carlsbad, California 92008 Pio.1 i ^ r?Planning Departi,,, Dear Mr. Agatep: San Diego Gas & Electric Company will soon submit an application to the City of Carlsbad to modify the-specific plan covering our Encina Power Plant property. The modification will consist of the addition of a single stack to ensure compliance with applicable air quality standards in connection with operation of the five generating units west of Interstate 5 which are approved on the specific plan. The Environmental Impact Report (EIR) to be prepared by the Public Utilities Commission in connection with our application for certificate to construct and operate Encina Unit No. 5 will include the single stack. However, the draft of their report is not expected to be issued until August and the final report probably will not be issued until November 1973- With the many permits required for this project this results in the further lengthening of the schedule. Also, we understand that the Coastal Zone Commission will not act on our project until the City of Carlsbad has approved the amendment to the specific plan. In the interest of time it would be desirable to proceed with the specific plan amendment to include the single stack at an early date. We understand that to do so in advance of the PUC environmental report would require the City to prepare an EIR which it is not in a position to under- take at this time. Accordingly, we respectfully request that the City retain a qualified consultant to prepare an EIR for the single stack, with the idea that processing of the specific plan amendment can be completed in a few months. San Diego Gas & Electric Company agrees to reimburse the City for the consultant's fees. This letter is, therefore, your authorization to proceed with having the EIR prepared. Sincerely / F. W. DeVore, Manager Engineering Land Department FWD/RLE:sc Phone 232-4252 Extension 1505 INVESTOR-OWNED BY MORE THAN 25.000 STOCKHOLDERS * LAW OFFICES OK CHICKERING & GREGORY ONE ELEVEN SLITTER STREET SAN FRANCISCO 941O4 TELEPHONE 421-343O AREA CODS 41 PR2SENT May 14, 1973 Mr. K.J, Kindblad Public Utilities Commission Electric Branch Stata Building 350 McAllister Straet San Francisco, Calif. 94102 P Re.s Encina Unit 5 Our File No, S011-560-052 Dear Kans I am enclosing fourteen copies of a discussion of alternatives for the 400 foot stack at the Encina Power Plant. I axa also enclosing for your information a copy of a report prepared for the Company by Bechtel Corporation dealing with the topic of"tfaa stack.\ Ashe Barnes is sanding you the photographs of the Plant with and without the stack today from San Diego, so you should be receiving thara tomorrow. Very truly yours, CHICKERING & GREGORY Edward P. We1sen End. cc: Mr. A. Barnes MPtf 16 1973 SAN DIEGO GAS & ELECTRIC COMPANY P.O. BOX 1831 SAN DIEGO. CALIFORNIA 92112 FILE NO. MUG 100 X CNB 100 December W, 1973 City of Carlsbad 1200 Elm Avenue Carlsbad, Ca 92008 Attention: Mr. Don Agatep Planning Director Gentlemen: Reference is made to Ordinance 9372, adopted by the Carlsbad City Council, December 4, 1973, amending San Diego Gas & Electric Company's Specific Plan to include the single stack and the facade around the top of the Encina Power Plant. In order for you to complete this project, you require written acknowledgement of our acceptance of the conditions attached to- the amended specific plan. Please be advised that San Diego Gas & Electric Company accepts the conditions as approved and adopted by the City Council. Don, San Diego Gas & Electric Company is most grateful for your effort on this matter. Sincerely, W. DeVore, Manager Engineering Land Department FWD:mr Phone: 232-4252 cc: HERichmond Honorable City Council City of Carlsbad Attn: City Clerk ^ . A. A. Sugg, Dist. Mgr. " Oceanside District Office San Diego Gas & Electric Co. INVESTOR-OWNED BY MORE THAN 35,000 STOCKHOLDERS SAN DIEGO GAS & ELECTRIC COMPANY P.O. BOX 1831 SAN DIEGO, CALIFORNIA 92112 February 18, 1972 Carlsbad Environmental Protection Mr. Joseph Olinghouse 1200 Elm Avenue Carlsbad, California 92008 Dear Mr. Olinghouse: San Diego Gas & Electric Company has scheduled public hearings for the purpose of gaining input for studies on the environmental impact of the planned fifth power generating unit at the Encina plant in Carlsbad. Hearings are scheduled for March 3 and 4, 1972, from 10:00 a.m. to 5:00 p.m. in the Carlsbad City Council chambers. The hearings will be chaired by the Hon. Murray L. Schwartz, Dean of the Law School at the University of California at Los Angeles, and the Hon. Richard C. Maxwell, President of the American Association of Law Schools. Individuals, interested citizens' groups and public agencies are invited to participate. All information will be considered in environmental research studies which will seek to assess the environmental impact of the planned unit. Ve enclose informational background relating to this planned unit. This information will also be presented at the hearings. Ve invite you to respond. All presentations will be made a part of a record of these hearings. This record will be made available shortly after the conclusion of the hearings. In order to facilitate scheduling of the various individuals and groups who have indicated their desire to participate, we request that you call me at 232-4252, Extension 1129. Sincerely yours, Environmental Coordinator JFD:bh Enclosures INVESTOR-OWNED BY MORE THAN 25.000 STOCKHOLDERS