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Home My WebLink AboutMinutes 010898 - Joint CityMINUTES ' SPECIAL JOINT MEETING OF THE CITY COUNCILS AND THE BOARD OF SUPERVISORS OF SAN LUIS OBISPO COUNTY Thursday, January 8, 1998 7:00 p.m. — Regular Session Atascadero Lake Park Pavilion 9315 Pismo Ave. Atascadero, California SPECIAL JOINT MEETING: 7:00 P.M. CALL TO ORDER: Mayor Carden Mayor Carden, Atascadero, called the Special Joint Meeting to order at 7:05 p.m. PLEDGE OF ALLEGIANCE: Color Presentation and Pledge of Allegiance led by Boy Scout Troop #155, sponsored by the Atascadero Knights of Columbus. ROLL CALL: City ofArrovo Grande City ofAtascadero City of Grover Beach Mayor A. K. "Pete " Dougall Mayor Harold L. Carden, III Mayor Dee Santos Michael Lady Ray Johnson Robert Reed Michael Fuller George Luna Henry E. "Gene" Gates Thomas A. Runels Jerry L. Clay, Sr. Peter Keith Steve Tolley Kenneth Lerno Ronald Arnoldsen City of Morro Bay City of Paso Robles City of Pismo Beach Mayor Cathy Novak Mayor Duane J. Picanco Mayor John Brown Rodger Anderson Tom Baron Marian Mellow Dave Elliott Walter J. Macklin Hal Halldin William Peirce Lee Swanson Bill Rabenaldt Janice Peters Christian E. Iversen Mary Ann Reiss City of San Luis Obispo County of San Luis Obispo Mayor Allen K Settle Chairwoman Ruth Brackett Bill Roalman Harry L. Ovitt Dave Romero Bud Laurent. Dodie Williams Peg Pinard Kathy Smith Mike Ryan Joint Councils/Supervisors Meeting 01/08/98 Page 1 of 8 Marcia Torgerson, City Clerk, Atascadero, called roll. All the above-mentioned members were present except the following: Council Members Arnoldsen and Gates, Grover Beach; Council Members Baron, Iversen and Swanson, Paso Robles; Council Member Roalman, San Luis Obispo; and Supervisors Brackett and Laurent, San Luis Obispo County. MANAGER'S/ADMINISTRATOR'S PRESENT: Robert Hunt, Arroyo Grande; Wade McKinney, Atascadero; David Cole, Morro Bay; James App, Paso Robles; Mike Fuson, Pismo Beach; John Dunn, San Luis Obispo; and Clark Channing (Interim), San Luis Obispo County. OTHERS PRESENT: Senior clerk to the Board of Supervisors Vicki Shelby, San Luis Obispo County; City Clerk Bonnie Gawf, San Luis Obispo; City Attorney Roy Hanley, Atascadero; and City Clerk Marcia Torgerson, Atascadero. APPROVAL OF AGENDA: MOTION: By Mayor Settle, San Luis Obispo and seconded by Council Member Reed, Grover Beach, to approve the agenda. Motion passed unanimously by a voice vote. COMMUNITY FORUM: Susan Litteral, Atascadero, Secretary of the Water Resources Advisory Committee, stated that the Committee is working on the update to the County Master Water Plan. She stressed that it is important that input to the Plan comes from throughout the County. She encouraged the Councils/Board to actively participate in this process. Ray Jansen, Atascadero, read excerpts of a letter that he has sent to all the Council Members/Supervisors. The letter expressed his concerns of how government is changing. Peggy Wilson, Animal News Network, Oceano, spoke concerning importance of funding spay/neuter programs. She announced that "Spay Day" begins on February 16th and ends on March 30th Dennis Schmidt, Atascadero, spoke concerning the Air Pollution Control District. He asked that the Councils/Supervisors look at the content of the Clean Air Plan (CAP), including the goals and policies of the CAP. Also, he noted that the CAP discriminates against projects that each of the communities have been adopting. --End COMMUNITY FORUM— Joint Councils/Supervisors Meeting 01/08/98 Page 2 of 8 Chairman Ryan, San Luis Obispo County, stated that the Board of Supervisors are very glad to be present tonight. He announced that the Board of Supervisors are going to participate in discussions but will not be taking any action tonight. They will take any action that is taken here back to the full Board and take action on it at a later date. He also said that has had a discussion with Mayor Carden, Atascadero, regarding the Chairman of the Board of Supervisors attending the Mayor's meetings and he feels this will be a positive step towards the sharing of ideas within the County. A. ACTION ITEMS: A JOINT RESOLUTION URGING THE STATE LEGISLATURE AND THE GOVERNOR TO APPROVE RESTORING OF PROPERTY TAXES. [Robert Reed, Councilmember of Grover Beach, will give background] [Allen Settle, Mayor of San Luis Obispo, will give report and present resolution] Recommendation: Approve Joint Resolution. Time: 30 minutes Council Member Reed, Grover Beach, gave background information on this item. Mayor Settle, San Luis Obispo, stated that the purpose of this Joint Resolution is to encourage The State Legislature to place on their agenda for this term a measure asking for the return of these funds to cities. He explained that the Joint Resolution could be modified. MOTION: Mayor Settle, San Luis Obispo, moved to approve the Joint Resolution urging the State Legislature and the Governor to Approve Restoring of Property Taxes. Council Member Romero, San Luis Obispo, suggested changing of title of the Joint Resolution by eliminating "And Authorizing Restored Property Taxes" and "Such As Public Safety And Public Works", but leaving in "To Be Used For Local Government Needs." He also suggested eliminating in the sixth paragraph, "such as public safety and public works construction and maintenance." Mayor Settle, San Luis Obispo, agreed with the suggested amendments and asked that his motion be amended to include them. SECOND: Council Member Romero, San Luis Obispo, seconded the motion including the following amendments: 1. In the title, eliminate "And Authorizing Restored Property Taxes" and "Such As Public Safety And Public Works"; but leave in "To Be Used For Local Government Needs. " 2. In the sixth paragraph, eliminate "such as public safety and public works construction and maintenance." Mayor Carden, Atascadero, stated that, before accepting the motion, he wanted to discuss the letter that Chairman Ryan, San Luis Obispo County, had sent to all mayors (see Attachment A). Supervisor Ovitt, San Luis Obispo County, read and explained portions of Chairman Ryan's letter as some members had not received it. He stated that the Board's main concerns were: 1) Joint Councils/Supervisors Meeting 01/08/98 Page 3 of 8 They needed to include the agreed upon approach of the League of California Cities and the California State Association of Counties which would focus on the state capping the property tax shift (ERAF) at a base year and return the growth amount to local government, and 2) They needed to amend the language that would earmark the funds. In doing so, the funds could go back to the general funds for the discretion of the local entities. Mayor Settle, San Luis Obispo, stated that he agreed with Supervisor Ovitt's comments. Mayor Novak, Morro Bay, stated that she felt that if the State will not return some of the ERAF monies, one possible approach would be that by earmarking the funds for public works and public safety, the State would consider the return of some of the funds. PUBLIC COMMENT Gere Sibbach, County Auditor/Controller, asked the Council Members/Supervisors to remember that the ERAF transfer also affected special districts, not just cities and counties. He suggested adding special districts, at a minimum the County library system which lost approximately 10% of its total funding. Alice Porter, 9420 Marchant Way, asked is this Joint Resolution affects Proposition 13. Mayor Carden answered, no. Eric Greening, Atascadero, stated he agreed with Mr. Sibbach that the library took a large cut and that should be restored. He stated that he supported this Joint Resolution as amended. --End PUBLIC COMMENT— Lengthy discussion ensued including clarification of wording. Mayor Novak, Morro Bay, asked that the motion be repeated in full including the amendments to the Joint Resolution. Council Member Romero, San Luis Obispo, reviewed the motion. The motion passed unanimously by a voice vote. 2. A JOINT RESOLUTION CONCERNING FEDERAL REGULATION COORDINATION AND PERMITTING RELATIVE TO FLOOD PREVENTION. [Allen Settle, Mayor of San Luis Obispo, will give report and present resolution] Recommendation: Approve Joint Resolution. Time: 30 minutes Mayor Settle, San Luis Obispo, gave a brief report regarding this item. He reviewed the proposed amendments suggested in the letter from Chairman Ryan, San Luis Obispo County (see Attachment A). He stated that he found the proposed amendments generally acceptable. MOTION: Mayor Settle, San Luis Obispo, moved to adopt the revised Joint Resolution(see Attachment A) that will improve the permit process so as to protect our county, Joint Councils/Supervisors Meeting 01/08/98 Page 4 of 8 its citizens and propertyfrom flood damage through an improved permit process. SECOND: Council Member Williams, San Luis Obispo seconded the motion. Council Member Luna, Atascadero, asked for clarification of the wording in the Joint Resolution in the paragraph starting with, "NOW, THEREFORE, BE IT RESOLVED." Mayor Settle, San Luis Obispo, explained that the process is much more streamlined. The idea is to have the Federal Government to recognize a unified permit that will allow us the flexibility to protect our property without having to go back on a yearly basis for renewals. Tim Nanson, County Engineer, San Luis Obispo, confirmed that any decision the Army Corps of Engineers makes, can be appealed by the EPA. They also have to go through multiple other agencies to receive approval, i.e. Fish and Wildlife Service and FEMA. Ron DeCarli, Executive Director of SLOCOG staff, explained that under the ISTEA passed in 1990, there were several streamlining provisions. The most important was early consultation and delegation of portions or the responsibilities. PUBLC COMMENT Eric Greening, Atascadero, urged the Councils/Supervisors to table this issue until they get more information. --End PUBLIC COMMENT— Council Member Luna, Atascadero, asked that the wording he questioned earlier be deleted. Mayor Settle, San Luis Obispo, stated that he would have no problem deleting the wording in the last three lines in the paragraph Council Member Luna is concerned with and adding, "to follow reasonable and expeditious standards." Council Member Williams, San Luis Obispo (the second) agreed. Mayor Carden, Atascadero, repeated the motion for clarification: Adopt the revised Joint Resolution( see Attachment A) with the amendment to delete the last three lines of the paragraph starting with, "NOW, THEREFORE, BE IT RESOLVED" and adding, "California to follow reasonable and expeditious standards." Motion passed unanimously by a voice vote. 3. A RECOMMENDATION THAT THE CITIES AND COUNTY SUPPORT IN CONCEPT THE CONSTITUTIONAL AMENDMENT TO GAIN GREATER FISCAL STABILITY FOR LOCAL GOVERNMENT. [Cathy Novak, Mayor of Morro Bay, will give report] Joint Councils/Supervisors Meeting 01/08/98 Page 5 of 8 Recommendations: 1. The Cities and County support in concept the constitutional amendment. 2. Each City and County individually support, by resolution, the final constitutional amendment package presented to the Legislature. Time: 30 minutes Mayor Novak, Morro Bay, gave a brief report and explained her recommendations. There was brief discussion on this item and Mayor Novak clarified her request to the members. MOTION: Council Member Reed, Grover Beach, moved to conceptually support the constitutional amendment, and that the cities and counties along with CSAC and the League of California Cities, work towards a united effort. SECOND: By Council Member Luna, Atascadero. PUBLIC COMMENT Michael Kovacs, unincorporated Atascadero, questioned the need for this item. Gere Sibbach, County Controller/Auditor, asked if the motion, as it is presented now, going to support a constitutional amendment or is it in support of specific language only. Mayor Carden responded that the motion is to conceptually support the constitutional amendment and work with CSAC and the League towards a united effort. Mr. Sibbach stated that he had some concerns regarding the language. Bob Rose, Templeton, stated that he did not believe that we need another constitutional amendment. He suggested that what we need is to elect legislators that recognize where state government, city and county government borders exist. --End PUBLIC COMMENT— Mayor Novak, Morro Bay, clarified for the public that this constitutional amendment would require a two thirds vote of both houses to be passed. She also stated that to have it on the November 1998 ballot would require a 50% voter approval. There was brief discussion on this item. Motion passed unanimously by a voice vote. B. INFORMATION ITEMS: 1. ELECTRIC INDUSTRY DE -REGULATION: AN INFORMATIONAL BRIEFING ON OPTIONS FACING LOCAL GOVERNMENTS. [Cathy Novak, Mayor of Morro Bay, will give information presentation] [Allen Settle, Mayor of San Luis Obispo, will present request of aggregating possibilities] Joint Councils/Supervisors Meeting 01/08/98 Page 6 of 8 Recommendation: City Managers explore all options and report back findings to all Cities and County within four months. Time: 30 minutes Mayor Novak, Morro Bay, gave a brief report and explained her recommendation. She explained that she felt that the City Managers/County Administrator should work together and explore all options. MOTION: By Mayor Novak, Morro Bay, to approve Item #13-1. SECOND: By Mayor Brown, Pismo Beach. --No PUBLIC COMMENT— There was brief discussion on this item. Motion passed unanimously by a voice vote. Mayor Carden, Atascadero, stated that he thinks they have set a record tonight. He went on to say that since there is still time left, he would accept short closing comments. Mayor Brown, Pismo Beach, stated he appreciated the efforts of the Atascadero City management, especially the City Clerk's office, for putting this facility at our disposal with all the arrangements. Chairman Ryan, San Luis Obispo County, thanked the Cities for inviting the County to this meeting. He stated that they will take the Joint Resolutions that the Cities have passed tonight and put them on their agenda and take action on them as soon as possible. Mayor Novak, Morro Bay, stated she agreed with Mayor Brown, Pismo Beach, and thanked the the Cities and the County Board members who attended. Mayor Dougall, Arroyo Grande, welcomed Chairman Ryan, San Luis Obispo County, and stated he agrees with the Chairman joining the mayors' meeting. Mayor Settle, San Luis Obispo, stated that he agrees with the previous speakers and looks forward to the next meeting. He expressed his hope that they all follow-up on the items discussed tonight. Council Member Reed, Grover Beach, thanked all who attended and help bring information to the meeting. He also thanked Atascadero for hosting the event. Mayor Santos, Grover Beach, invited Chairman Ryan to the next mayors' meeting. Mayor Picanco, Paso Robles, stated he agrees with the previous speakers and moved to adjourn the meeting. Mayor Carden, Atascadero, thanked everyone for coming. He stated that Chairman Ryan will be Joint Councils/Supervisors Meeting 01/08/98 Page 7 of 8 1 present at the next mayors' meeting. He also thanked the Atascadero City staff for coordinating this meeting. ADJOURNMENT: Mayor Carden adjourned the Special Joint Meeting of the City Councils and the Board of Supervisors of San Luis Obispo County at 8:25.p.m. MINUTES RECORDED AND PREPARED BY: Oletl� 012, —Ti2 Marcia M. Torgerson, City Cle ATTACHMENTS: A — Letter from Chairman Ryan, dated 1/6/98 Joint Councils/Supervisors Meeting 01/08/98 Page 8 of 8 COUNTY GOVERNMENT CENTER, Room 370 • SAN LUIS OBISPO, CALIFORNIA 93408-2040 • 805.781.5450 January 6, 1998 Mayor Harold L. Carden City of Atascadero 6500 Palma Ave. Atascadero, CA 93422 Dear Mayor Carden: RECEIVED JAN -- 81998 I !ATASCADERO CITY MANAGER HARRY L. OVITT, Supervisor District One LAURENCE L. LAURENT, Supervisor District Two PEG PINARD, Supervisor District Three RUTH E. BRACKETT, Supervisor District Four MICHAEL P. "MIKE" RYAN, Supervisor District Five On behalf of the San Luis Obispo County Board of Supervisors, I would like to express our appreciation for being invited to participate in the January 8 Joint Cities/County meeting. A majority of our Board has indicated that they will be in attendance in the capacity of a "Committee of the Whole." We welcome the opportunity to join in discussions on the various topics included on the agenda you forwarded to us. To this end, we have reviewed the agenda items and would like to offer the following preliminary comments: A-1 A Joint Resolution Urging the State Legislature and the Governor to Approve Restoring of Property Taxes. Board Comments: We believe it is important to be in sync with the actions being taken on a statewide basis by the League of California Cities(League) and the California State Association of Counties(CSAC). At the recently concluded CSAC Annual Meeting in San Mateo a report was given that CSAC and the League were jointly working on a common approach to this issue. More recently, we were informed that this common approach was further explored in a CSAC/League Joint Task Force on Revenue meeting in December(minutes attached). That meeting resulted in an agreed upon approach to this issue which would focus on the state capping the property tax shift (ERAF) at a base year and returning the growth amount to local government. The proposed resolution included in the material sent to us,for the January 8 meeting does not include this element, i.e. returning the growth. Further, the proposed resolution calls upon the Governor and the Legislature to restore the property taxes to meet local needs such as public safety, building, and the maintenance of public facilities. Such language could lead to "earmarking" of funds which might be restored. The effort being undertaken by CSAC and the League contains no earmarking provisions and will urge the return of the growth amount as strictly discretionary revenue. We would recommend that our joint meeting endorse the noted effort by CSAC and the League rather that adopting the specific resolution included in the material. A-2 A Joint Resolution Concerning Federal Regulation Coordination and Permitting Relative to Flood Prevention. Board Comments: We would propose certain revisions in the resolution. To highlight these for you, we have included a strike out version, noting the revisions, and a full "clean . copy." These revisions add certain clarification verbiage to note references to the "Clean Water Act" and to a letter sent by Governor Wilson to President Clinton in October relative to avoiding a repeat of San Luis Obispo County's situation wherein we were approved for emergency work by numerous Federal and State agencies, only to be sued by the Environmental Protection Agency for having done the work without proper permits. The revision also proposes to substitute clarification- language- relative anguagerelative to the freedom of the Department of the Army "not to issue permits" with the highlighted language shown just above the strikeout section. This new section also addresses the insufficiency of congressional funding to properly implement the permit review process. Finally, in the first `BE IT RESOLVED" section, two minor, additions are included to indicate that expedition of the permit process is needed especially during emergencies, and the necessary work also includes road systems. A-3 A Joint Resolution to Support The League of California Cities' Campaign to Freeze the State's Taking From Local Funding Sources. Board Comments: The memo from Mayor Novak of Morro Bay spoke to the general issue of fiscal stability. Attached to the memo was a draft constitutional amendment put together by the League of California Cities tentatively entitled "Right to Fiscal Stability." The Mayor's memo recommends that: (1) the Cities and County support in concept the constitutional amendment to gain greater fiscal stability for local government; and (2) Each ' City and County individually support, by resolution, the final constitutional amendment package presented to the Legislature. This proposed constitutional amendment was also the subject of the recent CSAC/League Joint Task Force on Revenues. It was agreed at the meeting that the proposed amendment would be modified by the League to include the element of a cap on the growth of the property tax shift (ERAF). With this proviso, the proposed amendment would be jointly supported by the League and CSAC, as would CSAC's effort, noted, above in Staff Comments associated with item A-1, to get that growth returned to local government. We would recommend our joint meeting conceptually support such an amendment, but based upon a unified effort by the County and Cities to support language as agreed upon by CSAC and the League of California Cities. B-1 Electric Industry Deregulation: An Informational Briefing on Options Facing Local Governments. Board Comments: The thrust of this item calls for a consolidation of efforts by the Cities and County which would encompass and maximize potential savings in the purchase of electricity following deregulation. The. County's General Services Department is heading up our effort in this regard. In discussing this matter with the General Services Director' we were informed that savings in electrical power costs will depend on several factors, and that at this time we do not have sufficient information to determine if a solo joint Cities/County effort would result in an economy of scale sufficient to generate significant savings. It may take further aggregation with other units of government, such as the Association of Bay Area Governments (ABAG) or perhaps with the State. In this respect, certain coordination efforts have already been initiated by the City Managers and the County Administrator, and more recently by SLOCOG. We are certainly in favor of exploring and enhancing this collaborative effort. On an "on -the -ground" basis, it would be helpful if the various Cities' departments charged with this effort contact and coordinate their activities with the County General Services Department. Again, Mayor Carden, we look forward to Thursday's meeting, and to the potential of future such meetings. In this latter regard, we believe it would be productive for such future meetings if the Chairperson of the Board of Supervisors were included in the development of the agendas for the meetings. To this end I look forward to working with you and the other mayors to usher in a new era of cooperation and coordination among our organizations. Sincerely, MICHAEL P. "MIKE" RYAN, Chairman Board of Supervisors attachments cc: Each City Mayor c:wpwin\wpdocskmrMarden.1tr/m1 A JOINT RESOLUTION OF THE CITY COUNCILS OF SAN LUIS OBISPO COUNTY AND THE COUNTY BOARD OF SUPERVISORS URGING THE CONGRESS OF THE UNITED STATES TO STREAMLINE THE PROCESS LOCAL AGENCIES MUCH FOLLOW TO OBTAIN PERMITS TO CONSTRUCT IMPROVEMENTS TO REPAIR DAMAGE CAUSED BY DISASTROUS FLOODING AND TO PROTECT IMPROVED AND UNIMPROVED WATERWAYS FROM FUTURE FLOOD DAMAGE WHEREAS, the Federal Government has adopted the National Environmental Policy Act Clean Water Act and the Endangered Species Act; and WHEREAS, the Federal Government did thereby assume regulatory authority over placement of fill and excavation of material from within all waterways and wetlands and protection of biological organisms. living within the waterways and wetlands; and WHEREAS, the Federal Government has defined all work to, in, on or within those waterways and wetlands to be under their jurisdiction; and WHEREAS, local agencies are thus required to obtain permission of the Federal Government prior to addressing the needs of their citizens; and WHEREAS, the Federal Government has spread the implementation of the National Environmental Policy Clean Water Act and Endangered Species Act among a myriad of agencies and under a myriad of regulations; and WHEREAS, the Federal Government has established the Department of the Interior and the Department of Commerce and assigned them the responsibility to protect certain wildlife; and WHEREAS, the Department of the Interior has not established guidelines, for its assigned area of responsibility, that allow the local agency to address the needs of its -citizens; and WHEREAS, the Department of Commerce has not established guidelines, for its assigned area of responsibility, that allow the local agency to address the needs of its citizens; and WHEREAS, the Department of Army is given authority. to issue permits prior to any dredging or filling in waterways or wetlands,'and has adopted certain Nationwide Permits; and WHEREAS, the Department of the Army has not issued permits or issued permits expeditiously for projects in accordance with either its Exemption or Natior_wide Permit system protocols, even though said projects are consistent with regulations under its authority, and WHEREAS, the Department of the Army has stated that Congress has not provided sufficient funds to properly implement the review process, and WHEREAS, the Environmental Protection Agency has the authority to direct the Department of the Army to restrict or reject a permit application; and WHEREAS, the current practice of issuing permits has not been effective in either protecting the environment or the -citizens within urban areas due to internal Federal inconsistencies, missing communication, and non-existent. coordination; and WHEREAS, Governor Pete Wilson in a letter addressed to President Clinton on October 6, 1997 urged that "A clearly stated policy is needed to avoid a repeat of San Luis Obispo County's situation, when the County had approval from numerous Federal and State Agencies for emergency work only to be sued by the Federal Environmental Protection Agency'; and WHEREAS, local agencies must prepare plans, conduct environmental studies and hearings to meet the already strict requirements of the State of California regarding protection of the environment; and WHEREAS, the local agency, with clear, concise Federal guidelines and adopted standards from the State of California, via its permitting process, could enforce the Federal regulations thus enhancing the process and eliminating the confusion and frustration created by multiple Federal permitting agencies; and NOW, THEREFORE, BE IT RESOLVED by the City Councils )'the cities of San Luis Obispo County and the County Board of Supervisors that we urge the ?resident and Congress of the United State of America to move forthrightly and expeditiously to simplify the process of permitting, especially during emergencies, the work necessary in lakes, creeks, waterways, wetlands and to road systems by directing the agencies to adopt fair and equitable standards for use in California and delegate authority to the local agencies and to the State of California to follow those reasonable standards in the process of meeting the needs of their citizens in a way similar to the process the Department of Transportation established for implementation of the ISTEA program for the construction and maintenanc- of highways. BE IT FURTHER RESOLVED that the City Councils and the Board of Supervisors of San Luis Obispo County believe this matter is of great urgency for the units of local government and is of the highest public interest both to people residing within cities and counties and therefore, to the citizens of the United States. ATTEST: City Clerk Mayor, City of Arroyo Grande ATTEST: City Clerk Mayor, City of Atascadero ATTEST: City Clerk Mayor, City of Grover Beach ATTEST: City Clerk Mayor, City of Morro Bay ATTEST: City Clerk Mayor, City of Paso Robles ATTEST: . Mayor, City of Pismo Beach City Clerk ,ATTEST: City Clerk Mayor, City of San Luis Obispo ATTEST: County Clerk Chair, County Board of Supervisors A JOINT RESOLUTION OF THE CITY COUNCILS OF SAN LUIS OBISPO COUNTY AND THE COUNTY BOARD OF SUPERVISORS URGING THE CONGRESS OF THE UNITED STATES TO STREAMLINE THE PROCESS LOCAL AGENCIES MUCH FOLLOW TO OBTAIN PERMITS TO CONSTRUCT IMPROVEMENTS TO REPAIR DAMAGE CAUSED BY . DISASTROUS FLOODING AND TO PROTECT IMPROVED AND UNIMPROVED WATERWAYS FROM FUTURE FLOOD DAMAGE WHEREAS, the Federal Government has adopted the National Environmental Policy Act ?ti1fi and the Endangered Species Act; and WHEREAS, the Federal Government did thereby assume regulatory authority over placement of fill and excavation of material from within all waterways and wetlands and protection of biological organisms living within the waterways and wetlands; and WHEREAS, the Federal Government has defined all work to, in, on or within those. waterways and wetlands to be under their jurisdiction; and WHEREAS, local agencies are thus required to obtain permission of the Federal Government prior to addressing the needs of their citizens; and WHEREAS, the Federal Government has spread the implementation of the National Environmental Policyteat y :ate 'f? C. and Endangered Species Act among a myriad of agencies and under a myriad of regulations; and WHEREAS, the Federal Government has established the Department of the Interior and the Department of Commerce and assignment* i ed them the responsibility to protect certain wildlife; and WHEREAS, the Department of the Interior has not established guidelines, for its assigned area of responsibility, that allow the local agency to address the needs of its citizens; and WHEREAS, the Department of Commerce has not established guidelines, for its assigned area of responsibility, that allow the local agency to address the needs of its citizens; and WHEREAS, the Department of Army is given authority to issue permits prior to any dredging or filling in waterways or wetlands, and has adopted certain Nationwide Permits; and W>l�l�.AS,.ttt� l�epar�;m��:��th� �rtny.has nit, �s�ued p�rmitS. 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JJVA1111La fbll0*i1nP theit own liationwide Permit syste tho urh that might be internally c'onsistent_vvith its implementation of regulations undeL its authotity; and WHEREAS, the Environmental Protection Agency has the authority to direct the Department of the Army to restrict or reject a permit application; and WHEREAS, the current practice of issuing permits has not been effective in either protecting the environment or the citizens within urban areas due to interne.l Federal inconsistencies, missing communication, and non-existent coordination; and WHEREAS, local agencies must prepare plans, conduct environmental studies and hearings to meet the already strict requirements of the State of California regarding protection of the environment; and WHEREAS, the local agency, with clear, concise Federal guidelines and adopted standards from the State of California, via its permitting process, could enforce the Federal regulations thus enhancing the process and eliminating the confusion and frustration created by multiple Federal permitting agencies; and NOW, THEREFORE, BE IT RESOLVED by the City Councils of the cities of San Luis Obispo County and the County Board of Supervisors that we urge the President and Congress of the United State of America to move forthrightly and expeditiously to simplify the process of permittingthe work necessary in lakes, creeks, waterways, andwetlands t i °road: steins by directing the agencies to adopt fair and equitable standards for use in California and delegate authority to, the local agencies and to the State of California to follow those reasonable standards in the process of meeting the needs of their citizens in a way similar to the process the Department of Transportation established for implementation of the ISTEA program for the construction and maintenan ;e of highways. BE IT FURTHERRRESOLVED that the City Councils and the Board of Supervisors of San Luis Obispo County believe this matter is of great urgency for the units of local government and is of the highest public interest both to people residing within cities and counties and therefore, to the citizens of the United States. ATTEST: City Clerk Mayor, City of Arroyo Grande ATTEST: City Clerk Mayor, City of Atascadero ATTEST: City Clerk ATTEST: Mayor, City of Grover Beach Mayor, City of Morro Bay Mayor, City of Paso Robles Mayor, City of Pismo Beach Mayor, City of San Luis Obispo Chair, County Board of Supervisors City Clerk ATTEST: City Clerk ATTEST: City Clerk ATTEST: City Clerk ATTEST: County Clerk Mayor, City of Grover Beach Mayor, City of Morro Bay Mayor, City of Paso Robles Mayor, City of Pismo Beach Mayor, City of San Luis Obispo Chair, County Board of Supervisors