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
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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
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()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
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