HomeMy WebLinkAboutJoint Resolution J-1998-02 JOINT RESOLUTION NO. J-1998-02
A JOINT RESOLUTION OF THE
CITY COUNCILS AND THE BOARD OF SUPERVISORS
OF SAN LUIS OBISPO COUNTY
URGING THE CONGRESS OF THE UNITED STATES TO STREAMLINE THE
PROCESS LOCAL AGENCIES MUST 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 Acts 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 wild life,
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
Joint Resolution
RE:Federal Permitting Relative to Floor Prevention
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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 Nationwide 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 of the cities of San
Luis Obispo County and the County Board of Supervisors that we urge the President and the
Congress of the United States 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 reasonable and expeditious standards.
Joint Resolution
RE:Federal Permitting Relative to Floor Prevention
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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.
PASSED AND ADOPTED by the Cities of Arroyo Grande,Atascadero, Grover Beach,
Morro Bay,Pismo Beach and San Luis Obispo, of San Luis Obispo County, at a special joint
meeting held on the 8a'day of January, 1998.
Aa-?b'�r-,-City of Arroyo Gr4e
ATTEST:
-/?&4 a
City.Clerk
C
ayor,City of Atascader
ATTEST:
City Clerk
ayor,C' of Grover Beach
AT 1ST:.
City Clerk
Mayor,City o orro Bay
ATTEST:
City Clerk
M r,City of Pismo Beach
AT T:
ity Clerk
Mayor,City of San Luis Obispo
ATTEST:
CK Clerk r
Joint Resolution
RE:Federal Permitting Relative to Floor Prevention
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PASSED AND ADOPTED by the City of Paso Robles of San Luis Obispo County at a
meeting held on the day of , 1998.
Ma r,City of Paso Robles
ATTEST:
City Clerk
PASSED AND ADOPTED by the Board of Supervisors of San Luis Obispo County at a
meeting held on the day of , 1998.
Chairperson, Board of Supervisors
San Luis Obispo County
ATTEST:
Clerk
Joint Resolution
RE:Federal Permitting Relative to Floor Prevention
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