Resolution No. 96482
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
4 PROPOSAL AGREEMENT BY AND BETWEEN THE CITY OF VERNON
5 AND JOEL SCHWARTZ, AN ENVIRONMENTAL CONSULTANT,
REGARDING THE SOUTHEAST REGION ENERGY PROJECT
6
7 WHEREAS, the City of Vernon (the "City") owns and operates
8 its own electric system which services the City's constituents; and
9 WHEREAS, the City is in the process of developing a 942 MW
10 combined -cycle generating facility located within City limits
11 designated the Southeast Region Energy Project ("SREP") for the purpose
12 of installing additional generating capacity that will yield an
13 efficient, cost-effective, and reliable source of electric generation;
14 and
15 WHEREAS, the City has determined that Joel Schwartz
16 ("Schwartz"), an environmental consultant, possesses the technical
17 knowledge and expertise to evaluate a South Coast Air Quality
18 Management District's California Environmental Quality Act health
19 impact analysis for the proposed SREP to assist the City in meeting
20 licensing requirements; and
21 WHEREAS, Schwartz has submitted a proposal dated May 28, 2008
22 (the "Agreement") estimating that his services will cost approximately
23 Twenty -One Thousand Three Hundred Seventy -Five Dollars and No Cents
24 ($21,375.00); and
25 WHEREAS, in addition to the health impact analysis evaluation
26 to be prepared by Schwartz, the City desires Schwartz to prepare an
27 informal report of health impacts of the SREP in layman's terms for
28 circulation to the general public; and
1 WHEREAS, the City Council of the City of Vernon has
2 determined that, pursuant to the provisions of subsection (a) of
3 Section 2.27 of the Vernon City Code, it is in the public interest and
4 necessity to enter into a contract with Schwartz setting forth the
5 terms and conditions for the performance of the health impacts analysis
6 for the proposed SREP to enhance services provided to the Vernon
7 community.
8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
9 CITY OF VERNON AS FOLLOWS:
10 SECTION 1: The City Council of the City of Vernon hereby
11 finds and determines that the recitals contained hereinabove are true
12 and correct.
13 SECTION 2: The City Council of the City of Vernon hereby
14 approves the Agreement with Schwartz, in substantially the same form as
15 the copy which is attached hereto as Exhibit A and incorporated by
16 reference. In addition, the City Council approves the preparation of
17 an informal report of health impacts of the SREP in layman's terms for
18 circulation to the general public.
19 SECTION 3: The City Council of the City of Vernon hereby
20 authorizes the Mayor or Mayor Pro-Tem to execute the Agreement with
21 Schwartz for, and on behalf of, theCityof Vernon and the City Clerk
22 is hereby authorized to attest thereto.
23 SECTION 4: The City Council of the City of Vernon hereby
24 authorizes the City Administrator, or his designee, to make whatever
25 nonsubstantive, administrative and/or text changes, upon advice of
26 counsel, to the Agreement.
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1 SECTION 5: The City Council of the City of Vernon hereby
2 directs the City Clerk, or her designee, to give one fully executed
3 Agreement together with a check in the sum of $4,275.00 to:
4 Joel Schwartz
Environmental Consultant
5 555 University Avenue, Suite 100
6 Sacramento, CA 95825
7 SECTION 6: The City Council of the City of Vernon hereby
8 authorizes the City Administrator, or his designee, to execute and
9 deliver such other agreements, documents and certificates, and to
10 perform such other acts and deeds, as may be necessary or convenient to
11 effect the purposes of this Resolution and the transactions herein
12 authorized.
13 SECTION 7: The City Clerk of the City of Vernon shall
14 certify to the passage of this resolution, and thereupon and thereafter
15 the same shall be in full force and effect.
16 APPROVED AND ADOPTED this 16th day of June, 2008.
17
18
19 Name: Loonis C. Malburg
20 r m
Title: Mayor
21
22 AT ST:
23
MA UELA GIRON, Ct Clerk
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)ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9648, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, June 16, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
I k"� '�"
MANUELA GIRON, dity Clerk
- 4 -
EXHIBIT A
Review and Critique of the South Coast Air Quality Management District's CEQA
Health Impacts Analysis for the City of Vernon's Proposed Southeast Region
Energy Project
Proposal submitted to the City of Vernon, California
Joel Schwartz
Environmental Consultant
555 University Avenue
Suite 100
Sacramento, CA 95825
May 28, 2008
Background
The City of Vernon plans to build a 943 MW power plant to meet southern California's
growing electricity demand. The Vernon plant, dubbed the Southeast Region Energy
Project (SREP), is one of 11 proposed South Coast power plants currently going through
the California Energy Commission's (CEC) permitting process.
The new power plants must offset any new air pollutant emissions they generate. In order
to ensure that such offsets are available, the South Coast Air Quality Management
District (SCAQMD) amended Rule 1309.1 to give the energy projects access to the air
district's Priority Reserve for emissions of sulfur oxides (SOx), carbon monoxide (CO),
and particulate matter (PM).
Based on new PM10 emissions expected from the SREP, the SCAQMD estimates that the
SREP could cause an additional four cases of premature mortality each year.' Opponents
of the project have also claimed the new power plants would cause other harms, such as
causing more people to develop asthma.2
Evidence from the scientific literature suggests that these claims are mistaken and that
SCAQMD and other regulatory agencies are overestimating the potential harm from
ozone and particulate matter at today's historically low levels. This is especially so in the
case of emissions from power plants in South Coast. The power plant contribution to PM
comes in the form of ammonium nitrate and ammonium sulfate. A wide range of
evidence demonstrates that these substances are harmless in humans and animals, even at
concentrations tens of times greater than ever occur in South Coast. Power plants
contribute to ozone through their NOx emissions. But under the strongly "VOC limited"
conditions which obtain in southern California, higher NOx concentrations actually
reduce ozone.
In the proposed report, I will examine the SCAQMD's health impact estimates for the
SREP and evaluate their validity in light of the weight of the evidence from the scientific
literature.
1 SCAQMD, "Final Program Environmental Assessment for PAR 1309.1 and PRR 1315," July 10, 2007.
2 For example, LA County Supervisor Gloria Molina made this claim.
Scope of Work and Budget
I estimate that researching and writing the report will require 95 hours, billed at $225.00
per hour, for a total of $21,375.00. I request 20% at the start of the project, 30% upon
submission of a draft report, and 50% upon submission of a final report.
This estimate includes:
• Review of rulemaking, permitting, and CEQA documentation relevant for estimating
emissions, air quality impacts, and health effects from the Southeast Region Energy
Project.
• Analysis of the scientific basis for the SCAQMD's and California Air Resources
Board's air pollution health effects claims in relation to the SREP.
• A report of approximately 15 to 20 pages detailing my analysis and findings.
I may wish to consult with an epidemiologist as part of this project. I would expect this to
require at most 10 hours of additional consultant time at about the same hourly rate as
mine. I would contact the Client for approval before engaging an outside consultant.
Timeline
I will begin work on June 10, 2008 and submit a report no later than July 1.5, 2008.
Meetings with the Client, Workshop Presentations, Trial Testimony, etc.
I am available to meet with the Client or the Client's representatives and/or give
presentations as needed. These activities would be in addition to the budget described
above and would be billed at actual travel costs plus consultant time, including
preparation and travel, at a rate of $225.00 per hour. Trial testimony or depositions would
be billed at a rate of $325.00 per hour plus travel costs.
Joel Schwartz
Date:
ATTEST:
By:
Manuela Giron, City Clerk
APPROVED AS TO FORM:
Jeff A. Harrison, City Attorney
CITY OF VERNON
By:
Name:
Title: Mayor / Mayor Pro-Tem
Date:
2
Joel Schwartz
Environmental Consultant
555 University Avenue
Suite 100
Sacramento, CA 95825
916.203.6309
joel@joelschwartz.com
June 19, 2008
Ms. Nelly Giron
City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Re: Consulting Services Agreement
Dear Ms. Giron:
I've enclosed a fully executed, signed copy of the consulting services agreement I
received from you earlier this week. I've moved the start and completion dates for the
project back by ten days to reflect the actual starting date being a bit later than envisioned
in my original proposal. I received Jeff Harrison's approval for this change.
I've also enclosed an invoice for $4,275.00, which represents the initial 20% of the
budget for the project. Please make the check payable to Joel Schwartz.
I appreciate the opportunity to work with the City of Vernon. Please contact me at any
time should you have any questions regarding the project.
Sincerely,
I
Joel Schwartz
Review and Critique of the South Coast Air Quality Management District's CEQA
Health Impacts Analysis for the City of Vernon's Proposed Southeast Region
Energy Project
Proposal submitted to the City of Vernon, California
Joel Schwartz
Environmental Consultant
555 University Avenue
Suite 100
Sacramento, CA 95825
May 28, 2008
Background
The City of Vernon plans to build a 943 MW power plant to meet southern California's
growing electricity demand. The Vernon plant, dubbed the Southeast Region Energy
Project (SREP), is one of 1.1 proposed South Coast power plants currently going through
the California Energy Commission's (CEC) permitting process.
The new power plants must offset any new air pollutant emissions they generate. In order
to ensure that such offsets are available, the South Coast Air Quality Management
District (SCAQMD) amended Rule 1309.1 to give the energy projects access to the air
district's Priority Reserve for emissions of sulfur oxides (SOx), carbon monoxide (CO),
and particulate matter (PM).
Based on new PM10 emissions expected from the SREP, the SCAQMD estimates that the
SREP could cause an additional four cases of premature mortality each year.' Opponents
of the project have also claimed the new power plants would cause other harms, such as
causing more people to develop asthma.
2
Evidence from the scientific literature suggests that these claims are mistaken and that
SCAQMD and other regulatory agencies are overestimating the potential harm from
ozone and particulate matter at today's historically low levels. This is especially so in the
case of emissions from power plants in South Coast. The power plant contribution to PM
comes in the form of ammonium nitrate and ammonium sulfate. A wide range of
evidence demonstrates that these substances are harmless in humans and animals, even at
concentrations tens of times greater than ever occur in South Coast. Power plants
contribute to ozone through their NOx emissions. But under the strongly "VOC limited"
conditions which obtain in southern California, higher NOx concentrations actually
reduce ozone.
In the proposed report, I will examine the SCAQMD's health impact estimates for the
SREP and evaluate their validity in light of the weight of the evidence from the scientific
literature.
1 SCAQMD, "Final Program Environmental Assessment for PAR 1309.1 and PRR 1315," July 10, 2007.
2 For example, LA County Supervisor Gloria Molina made this claim.
Scope of Work and Budget
I estimate that researching and writing the report will require 95 hours, billed at $225.00
per hour, for a total of $21,375.00. I request 20% at the start of the project, 30% upon
submission of a draft report, and 50% upon submission of a final report.
This estimate includes:
• Review of rulemaking, permitting, and CEQA documentation relevant for estimating
emissions, air quality impacts, and health effects from the Southeast Region Energy
Project.
• Analysis of the scientific basis for the SCAQIM's and California Air Resources
Board's air pollution health effects claims in relation to the SREP.
• A report of approximately 15 to 20 pages detailing my analysis and findings.
I may wish to consult with an epidemiologist as part of this project. I would expect this to
require at most 10 hours of additional consultant time at about the same hourly rate as
mine. I would contact the Client for approval before engaging an outside consultant.
Timeline jVnt,9.0, 7.-0Q& ;"vl J , �2-00 �
I will begin work on dane-6; i66$ and submit a report no later than4- u4y 1 68.
Meetings with the Client, Workshop Presentations, Trial Testimony, etc.
I am available to meet with the Client or the Client's representatives and/or give
presentations as needed. These activities would be in addition to the budget described
above and would be billed at actual travel costs plus consultant time, including
preparation and travel, at a rate of $225.00 per hour. Trial testimony or depositions would
be billed at a rate of $325.00 per hour plus travel costs.
ATTES Z4,,
By:
lignuela Giron, Cit Clerk
APPROVED A TO FORM:
JVJ1A. hVrrison, City Attorney
CITY OF VERNON
- Leonis C. alburg
Name:
Title: Mayor
Date: Lo
2
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
June 16, 2008
Mr. Joel Schwartz
Environmental Consultant
555 University Avenue, Suite 100
Sacramento, CA 95825
Re: Consulting Services Agreement
Dear Mr. Schwartz:
Transmitted herewith are two partially executed agreements as
referenced above, approved by the City Council of the City of
Vernon on June 16, 2008, through Resolution No. 9648.
Please return one fully executed original agreement to the
undersigned.
If you have any questions regarding this matter, please call Mr.
Jeff Harrison at (323) 583-8811 ext. 173.
Very truly yours,
Ne Nyvi n
City Clerk
NG:dr
c: Jeff Harrison
Purchasing
Resolution No. 9648
Agreement File No. 08-055
E _cfusive(y Industrial
Review -and -Critique ofthe South Coast Air Quality Management District's CEQA
Health Impacts Analysis for the City of Vernon's Proposed Southeast Region
Energy Project
Proposal submitted to the City of Vernon, California
Joel Schwartz
Environmental Consultant
555 University Avenue
Suite 100
Sacramento, CA 95825
May 28, 2008
Background
The City of Vernon plans to build a 943 MW power plant to meet southern California's
growing electricity demand. The Vernon plant, dubbed the Southeast Region Energy
Project (SREP), is one of 11 proposed South Coast power plants currently going through
the California Energy Commission's (CEC) permitting process.
The new power plants must offset any new air pollutant emissions they generate. In order
to ensure that such offsets are available, the South Coast Air Quality Management
District (SCAQMD) amended Rule 1309.1 to give the energy projects access to the air
district's Priority Reserve for emissions of sulfur oxides (SOx), carbon monoxide (CO),
and particulate matter (PM).
Based on new PMIo emissions expected from the SREP, the SCAQMD estimates that the
SREP could cause an additional four cases of premature mortality each year.' Opponents
of the project have also claimed the new power plants would cause other harms, such as
causing more people to develop asthma.2
Evidence from the scientific literature suggests that these claims are mistaken and that
SCAQMD and other regulatory agencies are overestimating the potential harm from
ozone and particulate matter at today's historically low levels. This is especially so in the
case of emissions from power plants in South Coast. The power plant contribution to PM
comes in the form of ammonium nitrate and ammonium sulfate. A wide range of
evidence demonstrates that these substances are harmless in humans and animals, even at
concentrations tens of times greater than ever occur in South Coast. Power plants
contribute to ozone through their NOx emissions. But under the strongly "VOC limited"
conditions which obtain in southern California, higher NOx concentrations actually
reduce ozone.
In the proposed report, I will examine the SCAQMD's health impact estimates for the
SREP and evaluate their validity in light of the weight of the evidence from the scientific
literature.
1 SCAQMD, "Final Program Environmental Assessment for PAR 1309.1 and PRR 1315," July 10, 2007.
2 For example, LA County Supervisor Gloria Molina made this claim.
Scope of Work and Budget
I estimate that researching and writing the report will require 95 hours, billed at $225.00
per hour, for a total of $21,375.00. I request 20% at the start of the project, 30% upon
submission of a draft report, and 50% upon submission of a final report.
This estimate includes:
Review of rulemaking, permitting, and CEQA documentation relevant for estimating
emissions, air quality impacts, and health effects from the Southeast Region Energy
Project.
• Analysis of the scientific basis for the SCAQMD's and California Air Resources
Board's air pollution health effects claims in relation to the SREP.
• A report of approximately 15 to 20 pages detailing my analysis and findings.
I may wish to consult with an epidemiologist as part of this project. I would expect this to
require at most 10 hours of additional consultant time at about the same hourly rate as
mine. I would contact the Client for approval before engaging an outside consultant.
Timeline
I will begin work on June 10, 2008 and submit a report no later than July 15, 2008.
Meetings with the Client, Workshop Presentations, Trial Testimony, etc.
I am available to meet with the Client or the Client's representatives and/or give
presentations as needed. These activities would be in addition to the budget described
above and would be billed at actual travel costs plus consultant time, including
preparation and travel, at a rate of $225.00 per hour. Trial testimony or depositions would
be billed at a rate of $325.00 per hour plus travel costs.
Joel Schwartz
Date:
ATTES is
By:
nuela Giron, Citt Clerk
APPROVED .S TO FORM:
Qmt I
J111A. hVrrison, City Attorney
OF VERNON
�CITY
Name:
Donis C. alburg
Title:
Mayor/ayvT '
Date:
�aA& U�
2