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HomeMy WebLinkAboutRES NO 177-03RESOLUTION NO. 11 7 ?" 0 3 RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF BAKERSFIELD OPPOSING THE SALE AND REOPENING OF THE KERN POWER PLANT WHEREAS, on June 25, 2003, the City Council of the City of Bakersfield adopted Resolution No. 074-03 opposing the sale and reopening of the Kern Power Plant; and WHEREAS, on August 25, 2003, the City Council conducted a Special Meeting for the purpose of hearing public comments and presentations by Pacific Gas & Electric Company ("PG&E") and North American Power Group, LTD. ("NAPG"), concerning the proposed sale and reopening of the Kern Power Plant; and WHEREAS, at this Special Meeting, the representative of NAPG indicated that the plan to reopen the energy generation plant would entail use of a biodegradable fuel; and WHEREAS, the specific biodegradable fuel to be used by NAPG to generate energy was not finalized; and WHEREAS, the use of biodegradable fuel, depending upon the type of fuel used, and the method of transporting such fuel to the facility, may necessitate significant truck traffic, may exacerbate the current poor air quality in the City of Bakersfield and surrounding area, and may result in significant impacts on the quality of life in the immediate surrounding area and the entire City of Bakersfield; and WHEREAS, some documents associated with the proposed sale and reopening of the Kern Power Plant have been received and reveal that some of the plans presented at the Special Meeting of the City Council may not be in conformance with these documents; and WHEREAS, the City Council is very concerned about the potential traffic, air pollution, and other environmental impacts which could result from the proposed reopening of the Kern Power Plant; and WHEREAS, it is undisputed that the known existing contaminated ground water plume has extended under the site of the Kern Power Plant and reopening of the plant, with its attendant water usage and disposal needs, has the distinct potential to exacerbate the environmental problems which currently exist and cause significant impairment to the efficacy of current clean up activities; add WHEREAS, Executive Order D-44-01 by the Governor of the State of California, dated July 13, 2001, pursuant to the Governor's proclamation of a State of Emergency due to the energy shortage in the State of California in accordance with the California Emergency Services Act, suspended the applicability of Public Resources Code section 377 to the extent it would prohibit the proposed sale of the Kern Power Plant; and -- Pagelof3Pages-- WHEREAS, the Executive Order was issued under the premise that consummation of the sale of the Kern Power Plant from PG&E to NAPG would allow for an expeditious reopening of the power generating facility to address the energy shortage which existed at that time; and, WHEREAS, several other energy generating plants have opened since the issuance of the aforementioned Executive Order, and it is debatable whether the energy shortage which existed at the time of the proclamation of a State of Emergency was issued continues to exist; and, WHEREAS, the sale of the Kern Power Plant has yet to be consummated, and the uncertainty associated with the plans of NAPG bring into question whether the sale and reopening of the Kern Power Plant would actually address the issues for which the Executive Order was issued; and, WHEREAS, based upon the information provided to the City Council, there exists even more reason for the City Council to continue to disapprove and to actively take steps to show its opposition to the sale and reopening of the Kern Power Plant; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield hereby as follows: 1. The above recitals are true and correct; and, The Council of the City of Bakersfield reaffirms its opposition to the sale and reopening of the Kern Power plant, and its call upon PG&E to proceed with the dismantling and environmental clean up of the Kern Power Plant as soon as possible, as previously resolved in Resolution No. 074-03; and, Staff is hereby directed to take all steps deemed necessary and advisable to convey the Council's opposition contained herein, and to pursue all avenues which would cause termination of the proposed sale and reopening of the Kern Power Plant, including but, not limited to: A) seeking special legislation to terminate the State of Emergency; B) seeking special legislation which would remove the requirement to reopen the Kern Power Plant due to its lengthy inactive status, economic infeasibility, and outdated environmental control equipment; C) seeking the Governor's rescission of Executive Order D-44-01 as no longer being effective to address the underlying energy shortage crisis; D) participating in and providing all information possible and the City's position to all agencies which may have some regulatory authority over the sale, reopening, issuance of operating permits, etc., of the Kern Power Plant; and E) initiating any other legal steps or actions to prohibit the sale and reopening of the Kern Power Plant. S:\COUNCIL\Resos~Ke rnPowerPlantOpp-DirectStaff.dcc - - Page 2 of 3 Pages - - ()Ri'-,,':, I HEREBY CERTIFY that the foregoing Resolution was passed and~ol~t~d~n~y the Council of the City of Bakersfield at a regular meeting thereof held on ~cr ~,~v , by the following vote: ABSTAIN: ABSENT: COUNClLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SUlliVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER OUNCILMEMBER APPROVED ~E.P 24 2003 By / HARVEY L. HALL Mayor CITY CLERK and E_x_Offie~_Clerk of the Council of the City of Bakersfield APPROVED AS TO FORM: BART J, TI-IILTGEN City Attorney ,~.BART J. THILTGEN ~//City Attorney - - Page 3 of 3 Pages - -