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HomeMy WebLinkAbout05/21/1998, A-1 - RESOLUTION SUPPORTING CONSOLIDATION INTO A SINGLE CORPS OF ENGINEERS DISTRICT County of San Luis Obispo WuNTY GOVERNMENT CENTER,RM.370■SAN LUIS OBISPO,CALIFORNIA 93408■(805)781-5011 / ^� •rye, May 21, 1998 TO: Honorable Board of Supervisors and City Council Members of San Luis Obispo County FROM: County and City of San Luis Obispo SUBJECT: Resolution Supporting Consolidation into a Single Corps of Engineers District Summary: Our County is divided between three jurisdictional Districts of the U.S. Arms Corps of Engineers (Corps) Pacific Division. This situation makes it difficult for the County to effectively carry out emergency projects during and following natural disasters. The South Pacific Division of the Corps has offered to discuss placing our County into a single Corps District office. Recommendation: Adopt the attached resolution that seeks to obtain consensus among the County and Cities for consolidation into a single Corps District office. Discussion: The County and the City of San Luis Obispo, as well as many of the other cities, have had occasion to work with the Army Corps of Engineers' Environmental Section on various projects for section 404 permit clearance. The interface between the County agencies and the Corps has been heightened since the 1995 storm season and has continued every year through the ongoing II Nino storm events. Our inability to obtain a reasonable permit turnaround time has exacerbated our working relationship. The Corps in general does not have an emergency procedure, but rather relies on an expedited review process to review emergency projects which are intended only to replace existing infrastructure as opposed to the construction of new facilities. Adding to our problems, the Los Angeles District has stated that they lack sufficient staff to process the growing r number of permit requests, and they have watch dog groups looking over what they do. ,1 t f . 1 Consequently, they are extremely conservative in approach. To add to this, each Corps District in California has independent discretion to fine tune Corps national policy to fit their own circumstances. For example, during the El Nino, each District adopted its own expedited permit process through what was called a Regional General Permit. By next winter, new and revised Nationwide Permits will become law and again each District will have discretion as to their own local interpretation. Our County is unique in that it resides in all three California district offices of the Pacific Division of the Army Corps of Engineers. Although the County primarily does work in two of three offices, we must keep abreast of the local interpretation of all three District Offices. The Corps has shown no tolerance for a perceived transgression of any of its policies even during emergency conditions. The county was cited for violations on all 250 projects that it undertook as a result of the 1995 winter storms. The City of San Luis Obispo has also not been pleased with the handling of emergency projects through the Los Angeles District Office of the Corps. Both the City and the County believe the process of obtaining 404 permits has been fraught with too much individual opinion that is not coupled with an eye towards practical and reasonable solutions to the havoc caused by natural events. The Corps has made progress in forming better communication links with the Counties and Cities in California this last winter. These efforts are very much appreciated. Numerous meetings with the Corps in Los Angeles, San Francisco and Washington D.C. took place during the last year. The Corps recently toured San Luis Obispo, Ventura, and Los Angeles Counties with the State Department of Water Resources and County representatives. The purpose of the tour was to see first hand how similar projects in the Districts receive different application of the regulations. Despite the positive efforts made by the Corps, there remain differences in interpretation between the Districts. The Corps has offered to meet with the County to discuss consolidation into a single Corps district office. The Resolution before you seeks to obtain a consensus among the County and Cities for making such a move. AACORPSRES.WPD.DS 1 i J 3- RESOLUTION NO. A RESOLUTION OF THE COUNTY BOARD OF SUPERVISORS AND THE INCORPORATED CITIES IN SAN LUIS OBISPO COUNTY REGARDING JURISDICTIONAL OVERSIGHT BY THE UNITED STATES ARMY CORPS OF ENGINEERS The following Resolution is now offered and read: WHEREAS, The County of San Luis Obispo is within the jurisdiction of three Corps of Engineers District Offices of the South Pacific Division (Los Angeles, San Francisco and Sacramento); and WHEREAS, each District Office of the Corps of Engineers has independent authority to bring local interpretation to Federal law governing their authority; and WHEREAS, the County of San Luis Obispo and several of its Cities have found that local interpretation has not allowed for uniform application of the law when applied to the issuance of permits under Corps of Engineer's review; and WHEREAS, the County and Cities as experienced conflict with the Corps of Engineers over the need for permits, or the type of permit required between Corps jurisdictions; and WHEREAS, County and residents have suffered delays in restoring roads, bridges and drainage systems to an operational status following emergency events; and WHEREAS, the County and its Cities wish to respond and effect repairs to public infrastructure in the most expeditious way. NOW TH EFORE BE IT RESOLVED, that the Cities of Atascadero, Arroyo Grande, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo, within San Luis Obispo County, support the County in its efforts to be consolidated into a single Corps District within the South Pacific Division of the US Army Corps of Engineers; and IT IS FURTHER RESOLVED, that the County will confer with representatives appointed by the Cities in reaching a decision on which Corps of Engineers District to be regulated by; and IT IS FURTHER RESOLVED, that the County will work with the Cities and with the State Resources Agency to encourage the Corps to adopt regulations that provide for timely project approval especially for replacement of existing infrastructure damaged during emergencies; and IT IS FURTHER RESOLVED; that the County will work with the Cities and with the State Resources Agency to demand uniform application of the Corps of Engineers regulations throughout the South Pacific Division, i.e. all three Corps Districts in California. Upon motion of Supervisor seconded by Supervisor and on the following roll call vote, to wit: AYES: NOES: ABSENT: ABSTAINING: the foregoing Resolution is hereby adopted. Chairperson of the Board of Supervisors City of Atascadero ATTEST: City of Arroyo Grande Clerk of the Board of Supervisors [SEAL] City of Grover Beach City of Morro Bay City of Paso Robles City of Pismo Beach City of San Luis Obispo t �