HomeMy WebLinkAboutBolsa Chica Planned Community - Authorize Filing a Statement Council/Agency Meeting Held:
Deferred/Continued to:
10 Approved ❑Conditionally Approved ❑ Denied City Clerk's Signat e
i
Council Meeting Date: March 29, 1999 Department.ID Number. PL99-25
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ,
SUBMITTED BY: RAY SILVER, City Administrator O-e-2 LL,r
PREPARED BY: GAIL HUTTON, City Attorney OV15
MELANIE S. FALLON, Assistant City Administrator
SUBJECT: AUTHORIZE FILING A STATEMENT WITH PUC ADDRE,�`jNC(
PROCEDURAL MATTERS AND REPORTING ON THE PROGRESS
OF PRE-ANNEXATION AGREEMENT NEGOTIATIONS WITH
HEARTHSIDE HOMES
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
The City has recently received a Scoping Memo and Ruling of Assigned Commissioner
(Attachment 1) from the Public Utilities Commission (PUC) which contains a series of rulings
pertaining to the City's protest of the applications by the Southern California Water
Company (SCWC) to provide water and sewer service to the Bolsa Chica Planned
Community. Transmitted for your review is a summary report regarding the PUC's rulings
and a schedule of proceedings.
Funding Source: Not applicable.
Recommended Action:
Motion to:
1. "Authorize staff to file a statement with the PUC at the prehearing conference,
scheduled for April 22, 1999, addressing procedural matters and reporting on the
progress of pre-annexation agreement negotiations with Hearthside Homes."
• •
REQUEST FOR ACTION
MEETING DATE: March 29, 1999 DEPARTMENT ID NUMBER: PL99-25
Alternative Action(s):
The City Council may make the following alternative motion:
"Do not pursue the recommended actions and direct staff accordingly."
Analysis:
A. BACKGROUND
At the February 22, 1999 City Council meeting, the City Council approved responses to
questions asked by the PUC in the February 2, 1999 Assigned Commissioner's Ruling
Noticing Prehearing Conference. On February 25, 1999, staff attended a prehearing
conference held by representatives of the PUC to consider the applications filed by SCWC.
The February 25, 1999 prehearing conference was called by Commissioner Henry M.
Duque to determine the parties, positions of the parties, issues and other procedural matters
relating to the SCWC applications. At the prehearing conference, the City requested a 60-
day continuance and an additional prehearing conference to provide the opportunity for pre-
annexation negotiations to proceed with Hearthside Homes.
The Scoping Memo and Ruling of Assigned Commissioner contains a series of rulings that
were made after the prehearing conference. Several of those rulings are summarized
below.
Summary of Scoping Memo and Ruling of Assigned Commissioner
First, based on issues raised by the City, the Bolsa Chica Land Trust and the Ratepayer
Representation Branch of the PUC's Water Division, Commissioner Duque determined that
a consolidated evidentiary hearing was needed. Because the SCWC water service
application and the SCWC sewer service application have been consolidated, only one
evidentiary hearing will be held. Commissioner Duque designated Administrative Law
Judge John B. Weiss as the principal hearing officer.
Second, Commissioner Duque outlined the scope of the evidentiary hearing. Among other
items, he specifically indicated that he would, " . . . consider finalized, firm proposals from
the City of Huntington Beach that would not impose delay for completion of the Planned
Community." The term "finalized proposal" refers to technical engineering plans indicating
how, not if, the City could provide water and sewer service to the proposed project.
Finally, Commissioner Duque set a schedule for completion of the PUC proceedings. The
second prehearing conference (requested by the City) was set for April 22, 1999. The
PL99-25 -2- 03/26/99 10:06 AM
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REQUEST FOR ACTION
MEETING DATE: March 29, 1999 DEPARTMENT ID NUMBER: PL99-25
evidentiary hearing before ALJ Weiss was set for July 26, 1999, and a proposed decision by
was slated for February 18, 2000. The matter is scheduled for presentation to the full
Commission on April 14, 2000.
B. STAFF RECOMMENDATION
Authorize Statement for the April 22, 1999 Prehearing Conference
Because it is uncertain whether the City and Hearthside Homes will reach agreement
regarding pre-annexation, staff recommends that the City continue with its protest of the
SCWC applications. Specifically, it is recommended that the City Council file a statement
with the PUC at the prehearing conference scheduled for April 22, 1999 addressing
procedural matters and reporting on the progress of pre-annexation agreement negotiations
with Hearthside Homes.
As part of proceeding with the City's protest, staff must investigate and be prepared to
provide written testimony to the PUC on July 9, 1999 defining how the City could physically
provide water and sewer services to the Bolsa Chica area and how the timing of any City
proposal would compare to the PUC schedule.
The issue before the PUC, provision of water and wastewater service to the proposed Bolsa
Chica Planned Community, is also one of the subjects of the City's pre-annexation
agreement negotiations with Hearthside Homes. Should the City complete a pre-annexation
agreement with Hearthside Homes, the PUC protest would likely be resolved because the
City is obligated to provide water and wastewater service to development within its limits.
Environmental Status: Not applicable. This action is for the purpose of filing a report
and a request for authorization to negotiate and does not constitute a project under the
California Environmental Quality Act.
Attachmentfs):
City Clerk's
Page NuMber No. Description
1 Sco in Memo and Rulingof Assigned Commissioner
RCA Author: Hz:sH:WN:kjl
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PL99-25 -2- 03126/9910:06 AM
HMD/JBW/eaP 3/1609 •
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of Southern
California Water Company (U 133 W) for a
Certificate of Public Convenience and Necessity Application 98-11-003
pursuant to California Public Utilities Code (Filed November 5, 1998)
Section 1001 to Extend its West Orange County
System to the Bolsa Chica Planned Community.
In the Matter of the Application of Southern
California Water Company (U 133 W) for a
Certificate of Public Convenience and Necessity
pursuant to California Public Utilities Code Application 98-11-015
Section 1001 to Operate and Maintain a (Filed November 10, 1998)
Wastewater System to Provide Service to the
Bolsa Chica Planned Community.
SCOPING MEMO AND RULING OF ASSIGNED COMMISSIONER
1. Summary
This ruling issued pursuant to Rule 6.3 of the Commission's Rules of
Practice and Procedure, following a prehearing conference held on February 25,
1999,in San Francisco, affirms the category determination, determines that a
consolidated hearing for both applications is necessary, designates the principal
hearing officer, adopts the timetable schedule for the proceeding, and addresses
the scope of the proceeding.
2. Category
This ruling affirms that these proceedings are ratesetting proceedings as
preliminarily designated by Resolution ALJ 176-3003 issued November 19, 1998
(A.98-11-003), and Resolution ALJ 176-3004 issued December 3, 1998
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A.98-11-003 A.98-11-0 HMD W ea
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(A.98-11-015). This designation of category is appealable under the procedures in
Rule 6.4.
3. Need for Hearing
The issues raised in both applications as set forth in the protests filed by
the City of Huntington Beach, the Bolsa Chica Land Trust, and the Ratepayer
Representation Branch of the Commission's Water Division indicate that a
consolidated evidentiary hearing is needed, as well as an additional prehearing
conference. These hearings,which the Assigned Commissioner plans to attend,
are scheduled as set forth in the timetable schedule in Section 5 of this Scoping
Memo.
4. Designation of Presiding officer
Administrative Law Judge John B. Weiss is designated as the principal
hearing officer in this consolidated proceeding (Rules 5(1) and 6(a)(3)).
5. Timetable
The schedule for the proceeding is as follows:
April 22, 1999; 1:30 pm; S.F. Zd Prehearing Conference for report
from City of Huntington Beach and
Developer as to possible pre-
annexation agreement.
July 9, 1999 All parties file and distribute prepared
testimony. If City decides it is willing
to supply water and sewer services, its
submission must include source
supply, storage/pump facilities,
transmission lines, up-front costs,
connection fees,rates and charges.
July 26, 1999; 10:00 am; S.F. (and Evidentiary hearing starts.
successive days as needed)
August 16, 1999 Closing Briefs filed
August 30, 1999 Reply Briefs filed
September 3, 1999 Final date for parties to request oral
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A.98-11-003 A.98-11 4 HMD BW ea •
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argument before Quorum of
Commission
February 4, 2000 ALJ Draft Decision to Chief ALJ
February 18, 2000 ALJ Proposed Decision filed
March 19,2000 Comments due on Proposed Decision
March 24, 2000 Reply comments due on Proposed
Decision
April 14,2000 Commission Agenda Meeting
Note: The goal of the Assigned Commissioner is that this
proceeding be completed by April, 2000. In no event will
resolution exceed 18 months from the November 5, 1998 filing
of Application 98-11-003 (Senate Bill 960, Section 13).
6. Scope of the Proceeding
Whether or not the proposed systems meet with general Commission
requirements for certification under Pub. Util.:Code Section 1001; the
appropriateness and reasonableness of the proposed rates and charges proposed;
compliance with General Order 103 requirements;whether,under California
Environmental Quality Act (CEQA) the projects would impose significant
environmental impacts such as to require changes,mitigations or disapproval of
the applications; and possible.consideration of finalized firm proposals from the
City of Huntington Beach which would not impose delay for completion of the
Planned Community.
Note: While the Program EIR for the Bolsa Chica
development analyzed the on-site domestic water facilities
and found no significant impacts,CEQA requires the
Commission as the Lead Agency for the proposed Southern
California Water Company extension project to review the
proposed off-site transmission pipeline system not addressed
in the Program EIR, and as part of that review, analyze the
upstream and downstream components of the pipeline,
including a reassessment of the on-site facilities that would tie
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A.98-11-003,A.98-11-00 F MD/ BW/ea •
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into the pipeline. Similarly, as Lead Agency for the
wastewater project,we are responsible for verification that the
Program EIR adequately addressed the on-site facilities and
for examination of the cumulative impacts of the waste water
and domestic water systems as a single project.
Ex parte communication rules apply to this proceeding (Rules 7(c) and 7.1).
IT IS RULED that:
1. The applications are ratesetting proceedings.
2. There is need for an evidentiary hearing as set forth in Section 3 and as
scheduled in Section 5 herein.
3. The principal hearing officer in this proceeding is Administrative Law
Judge Weiss.
4. The schedule for the proceeding is set forth in Section 5 herein.
5. The scope of the proceeding is set forth in Section 6 herein.
6. Requests for a final oral argument before a quorum of the Commission
shall be filed and served no later than September 3, 1999.
Dated March 16, 1999, at San Francisco, California.
e.
M. Duque
Assigned Commissioner
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A.98-11-003, A.98-11-0f HMD/JBW/ea
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CERTIFICATE OF SERVICE
I certify that I have by mail this day served a true copy of the original
attached Scoping Memo and Ruling of Assigned Commissioner on all parties of
record in this proceeding or their attorneys of record.
Dated March 16, 1999, at San Francisco, California.
Erlinda A. Pulmano
N O T I C E
Parties should notify the Process Office,Public Utilities
Commission,505 Van Ness Avenue,Room 2000,
San Francisco, CA 94102, of any change of address to
insure that they continue to receive documents. You
must indicate the proceeding number on the service list
on which your name appears.
The Commission's policy is to schedule hearings
(meetings, workshops, etc.) in locations that are
accessible to people with disabilities. To verify that a
particular location is accessible, call: Calendar Clerk
(415) 703-1203.
If specialized accommodations for the disabled are
needed, e.g., sign language interpreters, those making
the arrangements must call the Public Advisor at
(415) 703-2074 or TDD# (415) 703-2032 five working
days in advance of the event.
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: PUC PROCEDURAL MATTERS AND REPORTING ON
THE PRE-ANNEXATION AGREEMENT NEGOTIATIONS
COUNCIL MEETING DATE: March 29, 1999
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS-
REVIEWED RETURNED FO RDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial G'crr�
City Clerk
EXPLANATION FOR RETURN OFITEM:
(Below • For Only)
RCA Author: HZ:SH:WN:kjl