NICOLE HOEKSMA GORDON

As part of our long-standing role as special CEQA Counsel to Los Angeles World Airports (LAWA), we reviewed the planning documents and associated EIR for the Los Angeles International Airport (LAX) Landside Access Modernization Program (LAMP), a multi-billion-dollar update to the ground transportation system at LAX, with an emphasis on providing alternative modes of transportation for accessing LAX. The project includes an Automated People Mover (an elevated and grade separated train system) designed to connect to (1) Metro’s 96th Street Connector Project and Green line extension, (2) Intermodal Transportation Facilities, and (3) a new Consolidated Rental Car facility. After the City certified the EIR in June 2017, a local parking shuttle operator challenged the certification on CEQA grounds. The Firm is currently representing the City and LAWA in this ongoing challenge.

LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA-RICS) JOINT POWER AUTHORITY
Los Angeles Regional Interoperable Communications System (LA-RICS) Joint Power Authority – Land Mobile Radio (LMR) and Long-Term Evolution (LTE) Broadband Project

Since 2011, we have provided CEQA and NEPA advice to the LA-RICS Authority, a joint powers authority run by representatives of more than 25 agencies in the Los Angeles area, responsible for the safety of 10 million Los Angeles County residents. The Authority is constructing a communication network dedicated exclusively to emergency responders, managing hundreds of millions of dollars in federal grant money to construct more than 200 individual monopole and tower sites for public safety/emergency services infrastructure. The broadband component of this system will be incorporated in to FirstNet, a nationwide first responder network. Our work for the Authority has included review of a complex EIR for the Land Mobile Radio System, ongoing review of NEPA analyses for consideration by the federal grant managers, and ongoing advice for CEQA and NEPA compliance. We also played an instrumental role in obtaining legislative approval of a statutory exemption from CEQA for certain sites within the LA-RICS System.

CALIFORNIA PUBLIC UTILITIES COMMISSION

Since 2006, we have provided the CPUC with CEQA advice on complex issues related to transmission and energy planning. In the course of this work, we have reviewed dozens of the CPUC’s EIRs, MNDs, MMRPs, Findings, SOCs and Draft Decisions. Representative projects include:

• SDG&E Sycamore-Peñasquitos 230-KV Transmission Line Project – Legal review of an EIR and associated documentation for a Certificate of Public Convenience and Necessity (CPCN) for construction and operation of a new 230-kV transmission line between the existing Sycamore Canyon and Peñasquitos Substations, including four transmission line segments and minor modifications to four existing substations.
• SDG&E Salt Creek Substation Project – Legal review of an EIR and associated documentation for construction of a 69/12-kV substation at the Salt Creek Substation site; and underground loop-in to connect the existing 69-kV powerline (TL 6910) to the substation; and additional energy generation at the existing CalPeak Power.
• SDG&E Sunrise Powerlink Transmission Line – Legal oversight on 117-mile, $1.883 billion 500-kilovolt electric “superhighway” from Imperial County to San Diego County with 1,000-megawatt capacity (enough energy for 650,000 homes) traversing several cities as well as federal and state lands. Under the direction of the CPUC, we performed legal consulting tasks related to preparation of the EIR/EIS including determinations regarding multiple, complex Alternatives.
• SCE Circle City and Mira Loma-Jefferson 66 kV Subtransmission Line Project – Legal review of an EIR and associated documentation for a permit to construct (PTC) the Circle City Substation and Mira Loma-Jefferson 66kV Subtransmission Line Project. The Project consists of construction of: a new 66/12 kV substation (Circle City Substation); four new 66 kV subtransmission source lines; and a new 66 kV subtransmission line, which would be a combination of both overhead and underground construction. The Project would also include an upgrade to the Mira Loma Substation, construction of approximately six new underground 12 kV distribution getaways exiting the proposed Circle City Substation, relocation of approximately 1.9 miles of an existing overhead 33 kV distribution line to an underground position, and installation of telecommunication facilities to connect the Project to SCE’s existing telecommunications system.
• SCE’s Tehachapi Renewable Transmission Project – Legal review of EIR/EIS for construction of a 500-kilovolt transmission project. The Project includes some National Forest land and requires a 50-year term Special Use Easement from the Forest Services. The Project delivers electricity from wind energy projects in eastern Kern County to the Los Angeles Basin, and provides the electrical facilities necessary to integrate levels of new wind generation in excess of 700 megawatts (MW) and up to approximately 4,500 MW in the Tehachapi Wind Resource Area.
• SCE Mesa 500-kV Substation Project – Legal review of an EIR and associated documentation for a PTC to rebuild and upgrade a portion of SCE’s transmission infrastructure primarily within the Western Los Angeles Basin Electrical Needs Area. The project will upgrade the existing 220/66/16-kV Mesa Substation to a 500/220/66/16-kV substation.
• SDG&E Cleveland National Forest, Master Special Use Permit – Legal review of an EIR/EIS and associated documentation for construction of SDG&E’s Master Special Use Permit (MSUP) and PTC Power Line Replacement Projects located in and around the Cleveland National Forest (CNF) in San Diego County.
• PG&E Missouri Flat-Gold Hill 115kV Reconductoring Project – Legal review of IS/MND for an application to reinforce the electric transmission and distribution system in El Dorado County by replacing existing conductor (reconductoring), replacing existing poles, and modifying existing lattice steel towers on the Missouri Flat-Gold Hill115 kV Power Line (Missouri Flat-Gold Hill Line).
• PG&E Cressey-Gallo 115 kV Power Line Project – Legal review of IS/MND for construction of a new 115 kV power line between Cressey and Gallo Substations to form a power line loop with two other area substations.
• PG&E Fulton-Fitch Mountain 60 kV Reconductoring Project – Legal review of IS/MND for an application to reinforce the electric transmission system in central Sonoma County by replacing the conductor on a 9.9-mile-long section of the Fulton-Hopland 60-kV Power Line (Fulton-Hopland line) between the Fulton Substation and Fitch Mountain Substation.
• PG&E Sanger Substation Expansion Project – Legal review of IS/MND for an application to expand the existing Sanger Substation in unincorporated Fresno County to contain a new breaker-and-a-half bus configuration.
• SDG&E Wood-to-Steel Project (TL 649) – Legal review of IS/MND for proposed wood-to-steel replacement of existing facilities; conversion of approximately 430 feet of underground power line cable under State Route 125 to an overhead configuration; interception of existing underground distribution lines; and modification of existing access roads as needed.
• SDG&E Pendleton (TL 695 & TL 6971) Reconductor Project – Legal review of IS/MND for a proposed Tie-Line (TL) 695 and TL 6971 Reconductor Project (proposed project) in northern San Diego County and southern Orange County.
• PG&E Ravenswood-Cooley Landing 115kV Reconductoring Project – Legal review of CEQA document for replacement of the existing wires on 1 .6 miles of double circuit 115 kV power line supported by nine steel lattice towers between Ravenswood Substation and Cooley Landing Substation.
• SDG&E San Marcos to Escondido TL6975 69 kV Project – Legal review of CEQA document for a combination of new overhead single-circuit electric power line structures, rebuild of existing structures from single circuit to double circuit, and the reconductoring and re-energizing of existing conductors.
• SDG&E Del Mar Substation (TL674A Reconfigure & TL666D Removal Project) – Legal review of CEQA document for an application to address the safety, environmental, and reliability concerns in SDG&E’s existing Del Mar Substation area, and ensure that the substation and associated components meet the North American Electric Reliability Corporation (NERC) criteria. The applicant proposes to meet NERC criteria by replacing an overhead 69 kV power line (TL666D) that is currently operated in the open position with a new line (TL6974D) of a higher voltage rating.
• SDG&E San Marcos to Escondido TL6975 69 kV Project – Legal review of CEQA document for a PTC a combination of new overhead single-circuit electric power line structures, rebuild of existing structures from single circuit to double circuit, and the reconductoring and re-energizing of existing conductors in the cities of Carlsbad, Escondido, Vista and San Marcos, and in unincorporated San Diego County.

City of San Diego et al. v. Board of Trustees of the California State University
(2015) 61 Cal.4th 945

Successful legal representation of San Diego Association of Governments (SANDAG) and Metropolitan Transit System (MTS) in a seminal CEQA decision litigated in the California Supreme Court and Court of Appeal, Fourth Appellate District, Division One representing in their challenge, along with the City of San Diego, to San Diego State University’s Master Plan EIR for a failure to adequately mitigate off-campus impacts.

Center for Biological Diversity v. County of Los Angeles
Court of Appeal, Second District, Case No. B284427 (Unpublished 2018 WL 3031521)

Successfully defended the EIR the County prepared for its Antelope Valley Area Plan update at both the trial court and Court of Appeal. The Plan, a component of the County’s General Plan, covers approximately 1,800 square miles of the unincorporated County and is designed to preserving the natural environment and rural lifestyle and character of the Antelope Valley while responding to the growing population’s need for additional housing and employment opportunities. The Center for Biological Diversity filed a lawsuit challenging the EIR and the Plan in 2015. The Firm successfully defended the Plan at trial in 2017, and again on appeal in 2018.

Stewards of Public Land v. City of Pasadena; Pasadena Roving Archers
Court of Appeal, Second District, Case No. B277996 (Unpublished 2018 WL 4141220)

Successful defense at trial and on appeal of the City of Pasadena regarding a CEQA exemption for the ongoing use of the Lower Arroyo Archery Range and deal points for a new agreement with Pasadena Roving Archers.

City of Moorpark v. County of Ventura/Wayne J. Sand and Gravel
(2018) Los Angeles County Superior Court Case No. BS164626

Successfully represented the City of Moorpark in its petition for writ of mandate directing the County of Ventura to vacate its decision to approve the Wayne J. Sand and Gravel Mine Expansion Project to certify an Environmental Impact Report for the Project. The Court found that the County’s approval of the Project violated the California Environmental Quality Act.

Silicon Valley Foundation for A Better Environment v. Santa Clara Valley Water District
(2018) Santa Clara County Superior Court Case No. 17-CV-318866

Obtained dismissal of case in the course of defending the Santa Clara Valley Water District against a challenge related a flood risk management project for Lower Berryessa Creek.

Alliance for a Regional Solution to Airport Congestion, et al. v, City of Los Angeles (LAWA/TNC/NELA)
(2015) Los Angeles County Superior Court Case No. BS158633

Successful defense of a CEQA exemption for a non-exclusive license agreement (NELA) allowing transportation network companies, i.e., Uber, Lyft and the like, to operate at the Los Angeles International Airport (LAX)

Alliance for a Regional Solution to Airport Congestion, et al. v. City of Los Angeles (LAWA/SPAS)
(2013) Ventura County Superior Court Case No. 56-2014-00451038-CU-WM-OXN; Court of Appeal, Second District, Division Six Case No. B272457

Successful defense of the City and LAWA at the superior court level in three consolidated cases, originally involving six petitioners, in CEQA challenges to the approval of the Specific Plan Amendment Study (SPAS) project at Los Angeles International Airport (LAX). (One petitioner, SEIU labor union, dismissed without prejudice.)

Santa Ana California Lodge LLC v. City of Santa Ana, et al.
(2012) Orange County Superior Court Case No. 30-2012-00556147-CU-WM-CXC

Successfully defended the City of Santa Ana against a challenge to an EIR prepared for a sewer lift station project by a nearby property owner.

City of Redondo Beach v. City of Torrance, et al.
(2012) Los Angeles County Superior Court Case No. BS140825

Representation of the City of Redondo Beach challenging the City of Torrance’s approval of a “Minor Modification Permit” for the Del Amo Fashion Center, and an associated CEQA addendum. Case settled before trial.

Encinitas Union School District v. City of Encinitas
(2012) San Diego County Superior Court Case No. 37-2011-00058665-CU-WM-NC.

Representation of the City of Encinitas against the school district’s writ petition to direct the City to grant petitioner’s land use amendment application.

Tehachapi Area Critical Landuse Issues Group v. Tehachapi Valley Healthcare District
(2011) Kern County Superior Court Case No. S-1500-CV-275260

Successfully defended of the Tehachapi Valley Healthcare District’s mitigated negative declaration (MND) prepared in connection with hospital expansion and renovation project.

Friends of Lacy Historic Neighborhood v. City of Santa Ana
(2010) Orange County Superior Court Case No. 30-2010-00388033-CU-WM-CXC (Settled before trial).

Defense of Transit Zoning Code and affordable development project within redevelopment area and related EIR. Negotiated settlement agreement that allowed development of the project and reuse of existing homes for affordable housing.

Dehoff v. City of Poway
(2010) San Diego County Superior Court Case No. 37-2010-00104510-CU-TT-CTL

Successfully defended City against challenge to a negative declaration (ND) prepared for a lighting and turf project at the Arbolitos Sports Field.

The Open Monterey Project v. Monterey County, et al.; Landwatch Monterey County v. County of Monterey
(2010) Monterey County Superior Court Nos. M109441 and M109434.

The Firm defended the County against two separate challenges to the County’s General Plan Update and General Plan EIR. The case involves CEQA and Government Code challenges.

The Firm assisted in the successful settlement of two other challenges to the County’s General Plan Update and EIR: Carmel Valley Association v. County of Monterey, et al. (2010) Monterey County Superior Court Case No. M109442; and Salinas Valley Water Coalition & Monterey County Farm Bureau v. County of Monterey, et al. Monterey County Superior Court Case No. M109451.

Conquest Student Housing, LLC v. City of Los Angeles
(2008) Los Angeles Superior Court BS108488

Obtained successful settlement of a challenge to the EIR prepared by the City of Los Angeles’ Community Redevelopment Agency for the University Gateway Project, a mixed-use student housing project adjacent to the University of Southern California.

Citizens for Quality of Life v. City of Encinitas
(2008) San Diego County Superior Court Case No. 37-2008-00100864-CU-WM-NC.

After providing legal review of the City’s EIR for a 44-acre sports park, the Firm successfully defended the City against a CEQA challenge.