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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 Page 1 of 4 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 Page 2 of 4 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 Page 3 of 4 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 Page 4 of 4