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HomeMy WebLinkAbout01/23/2007, C7 - SUPPORT FOR CITY OF SANTA CLARITA I � � councit M.W°`°� �3 v acEnba Report 1�Number CITY O F SAN LUIS O B I S P O FROM: Jonathan P. Lowell, City Attorney 4 r SUBJECT: SUPPORT FOR CITY OF SANTA CLARITA CAO RECOMMENDATION Adopt a resolution supporting the City of Santa Clarita's effort to maintain local control in the face of mining operations authorized by the Federal government for land at that city's edge. DISCUSSION The City of Santa Clarita is pursuing, in the courts and at State and Federal legislative levels, reversal of a decision by the U.S. Department of Interior Bureau of Land Management to allow a large scale mining operation by CEMEX at that city's edge. The Mayor of Santa Clarita requested that other cities concerned about the potential for a similar preemption issue adopt a resolution of support of the City of Santa Clarita. This issue was raised by Councilmember Mulholland as a Communication Item at the January 9, 2007 regular meeting and the Council directed this matter be placed on the January 23, 2007 agenda for further consideration. FISCAL IMPACT None. ALTERNATIVES 1. Do not authorize the resolution. 2. Postpone a decision until additional information on this matter can be provided for Council consideration. (At the time of this writing, Staff was still in the process of gathering more information on this issue. Materials will be distributed via a red file transmission prior to the meeting of January 23, 2007.) ATTACHMENTS 1. Resolution 2. November 24, 2006 letter from the Mayor of Santa Clarita 3. Undated letter from the Mayor of Santa Clarita G:W.genda-Ordinances-Resol\Support Santa Clarita-Agenda Report I-10-07.DOC ATTACHMENT1 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO IN SUPPORT OF LOCAL CONTROL WHEREAS, the City of San Luis Obispo recognizes that local governments play an important and primary role in responding to the needs of their local communities; and WHEREAS, the City of San Luis Obispo acknowledges that local control is linked to better quality of life and service delivery, as local entities are more aware of local needs; and WHEREAS, the City of San Luis Obispo is concerned with the increasing trend of federal and/or state decisions made affecting communities, while eroding local authority often with great impacts and at the detriment of the residents' quality of lives; and . WHEREAS, the City of San Luis Obispo has been made aware of such happenings occurring to the City of Santa Clarita, CA and its residents; and WHEREAS, the United States Department of Interior's Bureau of Land Management has issued two ten-year consecutive mineral estate leases to CEMEX for the purpose of mining sand and gravel aggregate, against the strong opposition of the residents in Santa Clarita Valley on surface estate owned by the City of Santa Clarita; and WHEREAS, the City of Santa Clarita was shut out of the process by the federal government, after many unsuccessful tries to influence a decision that is going to have irreversible impact on its community and residents; and WHEREAS, the City of Santa Clarita, recognizing the significance of aggregate and supporting mining at reasonable levels, attempted to compromise with CEMEX and offered historical levels of mining (300,000 tons a year) as an alternative to the CEMEX mega-mining plan of S million tons per year-1600% more than the historical level; and WHEREAS, the City of Santa Clarita, remains open and willing to work with CEMEX, in developing federal legislation designed to limit mining of the area to historical levels and with an appropriate exchange of values for their existing leases; and WHEREAS, the City of Santa Clarita has consequently had to spend nearly $8 million dollars to continue its efforts to protect its residents and community; and WHEREAS, a Citizens' Coalition of 8,000 members was formed sending a loud and clear message that circumvention of local control is not pleasing and that decisions made by the federal government, with negative impacts to residents and the community, are neither tolerable nor supportable; and ATTACHMENT 1 Resolution No. (2007 Series) Page 2 WHEREAS, the City of San Luis Obispo is concerned that federal and/or state governments have policy-making control but do not consider or bear the associated costs of the decisions forced upon local communities; and WHEREAS, the City of San Luis Obispo is concerned with assertions of national authority that weaken claims of local governmental autonomy, especially when federal and/or state interests are not aligned with local interests; and WHEREAS, the City of San Luis Obispo is concerned that if the federal government is successful in its efforts to work around the City of Santa Clarita on issues of local importance, that a precedent will be set, allowing other federal agencies and multinational corporations to circumvent local autonomy in other cities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Expresses its support of the City of Santa Clarita in its efforts to oppose the CEMEX mega-mine and protect its community, and exercise local control; and SECTION 2. Is convinced that those impacted should have a greater voice in the decision making and argues for more local autonomy, especially in relation to policy making that adversely affects local constituents; and SECTION 3. Urges action to mitigate circumvention of local policy-making by federal and state governmental agencies; and SECTION 4. Supports the enhanced power for councils, so that the needs of local communities can be better met and encourages augmenting the voice of local people in public decisions over the future of their area; and SECTION 5. Encourages action that will highlight the importance of state and or federal governments consulting and cooperating with local governments, and the importance of all spheres of government working together to promote development and address the challenges faced by local communities; and SECTION 6. Supports the City of Santa Clarita's effort to establish a coalition of State partners to advance local autonomy, primarily council community strategies to better enhance quality of life and service delivery at a local level; and SECTION 7. A copy of this resolution shall be forwarded to the City of Santa Clarita; and G ��3 ATTACHMENT 1 Resolution No. (2007 Series) Page 3 SECTION 8. The City Clerk shall certify to the adoption of this Resolution. Upon motion of seconded by and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2007. Mayor David F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: JonkLan,Befowell City Attorney --� - ATTACHMENT 4�- 23920 Valencia Blvd. Phone Suite 300 (661)259-2469 I Ih 1 Santa Cladta Fax California 91355-2196 (661)259.6125 Website:www.santa-cladta.com City of November 24, 2006 DEC Q Santa Clarita SLO 1006 C Mayor Dave Romero OUNC�L City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Dear Mayor Romero: Laurene Weste Mayor I am following up with you about important information we circulated at the League of California Cities' Annual Conference. The City of Santa Clarita and its 8,000-member Citizens' Coalition of residents, businesses and nonprofits are Marsha McLean asking for your help in our effort to take back local control and send a loud and Mayor Pro Tem clean message to . federal bureaucrats and multinational corporations that circumventing local government is not acceptable here in California. Frank Ferry Attached is a similar copy of the flyer distributed about the proposed 69-million Councilmember ton mega-mining project proposed for our community, slated to be located just one mile from schools and thousands of residents. Please support our efforts by passing a resolution (sample enclosed) of support forSanta Clarita's fight for Bob Kellar local control! If it can happen in our community, it can happen in yours. Councilmember For more information please visit www.stoT)CEMEXMegaMine.com, or feel free to contact me at (661) 255-4395 or Toi Chisom at(661) 255-4902.. Cameron Smyth Councilmember Thank you in advance for your support. Please send a copy of your City's adopted resolution to me. S' , ene Weste, Mayor LW:TC:js Sdh1SMACEMEXTublic OutrcachTA Chim Support-Resolution Levnr.doc Attachments (2) PRINTED ON RECYCLED PAPER ATTACHMENT'3 City of SANTA CLARITA Dear Community Member: As a Santa Clarita Valley resident, you have a personal interest and responsibility to protect your community from events that will result in health and environmental dangers, property devaluations, and a massive drop in quality of life. Our community is facing such a situation and needs your help! A massive 69-million ton mining project, to be operated by multinational corporation CEMEX, was approved by the U.S. Bureau of Land Management. The City of Santa Clarita was shut out of the process by a federal government Record of Decision, and consequently we have had to spend millions of taxpayer dollars in the courts in an effort to protect our community. We support mining, and are on record supporting mining at historic mining levels for the area. However, the CEMEX mega mine will increase mining levels up to 1,600% - enough gravel and sand removed to fill up the Rose Bowl 127 times! it will exceed the maximum risk allowed by the AQMD Toxic Rules for new sources by 250%. And it will add up to 1,164 big truck trips every day to our already congested road and freeways. CEMEX's mining water demands will frequently dewater the Santa Clara River at the project site, with potentially enormous impacts to fish, wildlife and plants; including "take" (killing) of the Fully Protected Unarmored Threespine Stickleback fish. Response from fellow residents, municipalities and businesses throughout the county has been overwhelmingly supportive of our situation — to date 8,000 have signed up to be part of a new coalition against the mega mine. The formation of the Citizens' Coalition is a clear signal of dissent to the circumvention of local control by the federal government, and of the dangerous health and safety risk that official reports confirm will occur. Together, with your help, we can send a loud and clear message to CEMEX, a corporation with a long history of environmental violations, that their mega-mining project is not welcomed. Please join the Coalition, opposing the CEMEX mega-mining project and the vital impacts it will have on our community. Please visit the website: www.StopCemexMegaMine.com and join the Coalition. Should you have questions or would like to discuss the project please contact Toi Chisom at (661) 255-4902. Thank you in advance for your support. Sincerely // JJ C (�J�ie ayor C �- 23920 Valencia Boulevard•Suite 300•Santa Clarita,California 91355-2196•Phone:(661)259-2489•Fax:(661)259-8125•www.santa-clarita.com RECEIVED JAN 2 3 i0l hard CoP9 evKa:f R COUNCIL 13 CDD DIR SLO CITY CLERK ® CAO 2 FIN DIF ® ACAO ® IR i������llllllll I�� I ® ATTORNEY 2 PW DIR ® CLERK/ORIO E POLICE OHF ❑ DEPT HEADS Z REC dIR ® 'rr:bk.e IMUTILDIR MEMORANDUM P 52 HR DIR From the Office of the City Attorney Arr/e � Ldkad January 23, 2007 RED FILE To: Mayor and City Council _ MEETING AGENDA From: Jonathan P. Lowell, City Attorney [)ATFLu-01 ITEM #-La_ Subject: Support for City of Santa Clarita At the last Council meeting when you directed this issue be placed ori the January 23, 2007 agenda, it was also requested that additional information be provided-about positions of stakeholders directly involved in this complex issue. A large amount of information has been collected from the City of Santa Clarita, CEMEX and the U.S. Department of Interior, Bureau of Land Management. Most all of it was not received until today. It can be viewed at the City Attorney's office. In light of the fact there was not sufficient time to review the materials, City Administrative Officer Hampian contacted the Santa Clarita city manager who advised that their city and CEMEX are actively pursuing an amicable resolution of the dispute and a resolution of support from San Luis Obispo is no longer as crucial as it was a few weeks ago when the request was first made. In addition, my conversations with CEMEX's governmental relations personnel confirmed that the matter is nearly settled. Thus, staff's recommendation is that the Council take no action at this time. In the unlikely event the City of Santa Clarita renews its request, staff will disseminate materials related to this complex matter to allow Council time to review the materials.