HomeMy WebLinkAbout06/19/1990, C-4 - CONSIDERATION OF A REQUEST BY THE CITY OF MORRO BAY TO SUPPORT REAUTHORIZATION OF THE COASTAL MANAG ��� �� �!!Ifp► 'I�ill city of San Luis OBISpo MEEnNc oacs
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COUNCIL AGENDA REPORT
FROM: John Dunn, City Administrator
Prepared By: Alison Lloyd, Administrative Analyst O,,
SUBJECT: Consideration of a request by the City of Morro Bay to
support Reauthorization of the Coastal Management Act
(H.R: 4030) and Amendment (H.R. 543) to the Act.
CAO RECOMMENDATION: Adopt a resolution supporting Reauthorization
of the Coastal Management Act (H.R. 4030) and Amendment (H.R. 543)
to the Act.
DISCUSSION:
Background
On May 14, 1990, the Morro Bay City Council adopted Resolution No.
59-90, supporting reauthorization of the Coastal Zone Management
Act (H.R. 4030) and Amendment (H.R.543) to the Act. Their Council
determined that protecting sensitive coastal resources is a matter
of utmost concern to most citizens and their local governments.
The Morro Bay City Council requested that the City of San Luis
Obispo adopt a similar resolution.
The Coastal Zone Management Act (CZMA) was enacted by the United
States Government in 1972, for the management, improvement, and
protection of coastal resources throughout the nation. Under the
CZMA, the federal government is a partner with the state in
protecting the nation's coastline. The Act gives states with
federally approved coastal zone management plans the power to
review federal activities which affect their coasts, and to make
sure that those activities are consistent with state coastal
management plans.
In 1984, the United States Supreme Court, ruled in a 5-4 decision
in the case of the Secretary of the Interior v California that
this "consistency review" does not include the right to review
Outer Continental Shelf (OCS) oil and gas lease sales. The basis
for the court's decision was that these sales occur on lands which
are located outside the coastal zone. The Court also reasoned that
the sale of the leases on the OCS are somehow "paper transactions. "
Concerns were raised that the precedent set by this ruling may
exempt other federal activities in the coastal zones from state
consistency review.
To address these concerns, the United States Congress is currently
considering a bill (H.R. 4030) to reauthorize the CZMA. Lease
sales will affect natural resources, land uses, or water uses in
the coastal zone. The bill was approved by the House Merchant
Marine and Fisheries Committee on April 18, 1990.
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WRAZA COUNCIL AGENDA REPORT
Council Agenda Report
Page Two
The amendments to the consistency provisions of H.R. 4030 do not,
however, specifically state that lease sales are subject to the
consistency requirement. Unless specific language is included
regarding the consistency requirement, the courts will rule
otherwise. As such Congressmen Panetta and Ireland have introduced
an Amendment (H.R. 543) to the Act which clarifies the language of
the CZMA. H.R. 543 provides that states can review A.0 federal
activities which have direct effects on their coasts, regardless
of whether those activities are located inside or outside the
coastal zone. The amendment clarifies that the test is whether the
federal activities have an effect on the coastal zone, not where
they are located, and specifically states that federal oil and gas
lease sales are subject to the CZMA's consistency requirements.
The California League of Cities has not taken a position on the
legislation at this time. staff has reviewed the legislation
however, and recommends that the City Council approve the
resolution formally supporting it.
Attachments:
1. Resolution
2. Morro Bay Request/Resolution
Text of H.R. 4030 and H.R. 543 is available in the Council office.
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RESOLUTION NO. (1990 SERIES)
REAUTHORIZATION -AND AMENDMENT OF THE
FEDERAL COASTAL ZONE MANAGEMENT ACT
WHEREAS, . the United States Government established the
management, improvement, and protection of coastalresources
throughout the Nation as priority national .goals under the Coastal
Zone Management Act of 1972; and
WHEREAS, amongst other beneficial purposes, the Act encourages
and assists coastal States to exercise their full authority over
the lands and waters in the identified coastal zones by developing
land and water use management programs for each State; and
WHEREAS, the United States Supreme Court ruled by a 5-4
decision in 1984 (Secretary of Interior v. California) that federal
oil and gas leasing activities in the Outer Continental Shelf were
not matters subject to a consistency review with a. State's coastal
management plan; and
WHEREAS, said ruling not only ended the States' ability to
review federal oil and gas lease sales, it appears contrary to the
original intent of the Coastal Zone Management Act and raises
concerns that the precedent set by this ruling may exempt other
federal activities in the coastal zones from State consistency
review; and
WHEREAS, H.R. 4030 has been introduced in the United States
Congress for purposes of reauthorizing the Coastal Zone Management
Act instituting amendments to subject Outer Continental Shelf lease
sales to the consistency requirements of the Act; and
WHEREAS, Congressmen Leon Panetta and Andy Ireland have
introduced H.R. 543 as a further amendment to the Coastal Zone
cow —.�
o
Resolution No. -)
(1990 Series)
Page Two
Management Act to specifically and clearly state that all federal
oil and gas lease sales, whether within or outside of the actual
coastal zone, and other federal activities that directly affect the
coastal zone and its sensitive resources must be subject to the
consistency requirement review with a State's coastal management
program; and
WHEREAS, the citizens and City of San Luis Obispo, California,
have a long-standing and documented record expressing concerns with
protecting the sensitive resources of the coastal zone, most
recently related to the affects of federal oil and gas leasing
sales and activities off the coast of Central California; and -
WHEREAS, H.R. 4030 and H.R. 543 .restore originally-intended
authority of coastal States to consider all federal activities that
affect coastal resources relative to their federally-approved
coastal management programs.
NOW, THEREFORE, BE IT 'RESOLVED that the City Council of the
City of San Luis Obispo, California, does hereby find the above
recitals are true and correct statements and findings, and does
hereby declare its endorsements and support for H.R. 4030 and H.R.
543 constituting necessary and prudent reauthorization and
amendment to the Coastal Zone Management Act.
Upon motion of seconded by
and on the following roll call vote:
�1
Resolution No. (1990 Series)
Page Three
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of
1990.
Mayor Ron Dunin
ATTEST:
Pam .Voges, City Clerk
APPROVED:
City Ad inistrative Officer
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Ll
PqCity of Morro Bay
595 Harbor St •Morro Bay, CA 93442.805-772-1214
May 17, 1990 '
Mayor and Councilmembers
City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403-8100
Dear Mayor and Councilmembers: ..
The Morro Bay City Council, at their regular .meeting of 14
May 1990, adopted Resolution No. 59-90 supporting reautho-
rization of the Coastal Zone Management .Act . (HR 4030) and
Amendment (HR 543) to the Act. A copy of Resolution No. 59- -
90 is enclosed for your consideration.
Protecting our sensitive coastal resources is a matter of
utmost concern to most citizens and their local governments.
Your support of. H.R. 4030 and H.R. 543 in a similar fashion
will be- appreciated.
Sincerely yours
GARY .A. NAPPER
City Administrator
GAN:ad
Enclosure: City of Morro Bay Resolution No. 59-90
CITY HALL FIRE DEPARTMENT CLI�
595 Harbor Street 715 Harbor.Street
695Harbor 5 et
HARBOR DEPARTMENT POLICE DEPARTMENT RECREATION AND PARKS
A RESOLUTION OF THE CITY COUNCIL OF MORRO BAY,
CALIFORNIA, ENDORSING THE REAUTHORIZATION
AND AMENDMENT OF THE FEDERAL COASTAL
ZONE MANAGEMENT ACT
T H E C I T Y C O U N C I L
City of Morro Bay, California
'WHEREAS, the United. States Government established the man-
agement, improvement, and protection of coastal resources
throughout the Nation as priority national goals under the
Coastal Zone Management Act of 1972; and
WHEREAS, amongst other beneficial purposes, the Act encour-
ages and assists coastal States to exercise their full authority
over the lands and waters in the identified coastal zones by
developing land and water use .management programs for each State;
and
WHEREAS, the United States Supreme Court ruled by a 5-4
decision in 1984 (Secretary of Interior v. California) that fed-
eral oil and gas leasing activities in the Outer Continental
Shelf were not matters subject to a consistency review with a
State's coastal management plan; and
WHEREAS, said ruling not only ended the States' ability to
review federal oil and gas lease sales, it appears contrary to
the original intent of the Coastal Zone Management Act and raises
concerns that the precedent set by this ruling may exempt other
federal activities in the coastal zones from State consistency
review; and
WHEREAS, H.R. 4030 has been introduced in the United States
Congress for purposes of reauthorizing the Coastal Zone Manage-
ment Act instituting amendments to subject Outer Continental
Shelf lease sales to the consistency requirements of the Act; and
WHEREAS, Congressmen Leon Panetta and Andy Ireland have
introduced H.R. 543 as a further amendment to the Coastal Zone
Management Act to specifically and clearly state that all federal
oil and gas lease sales, whether within or outside of the actual
coastal zone, and other federal activities that directly affect
the coastal zone and its sensitive resources must be subject to
the consistency requirement review with a State's coastal manage-
ment program; and
U
c_
Resolution No. _55-90
Page Two
WHERELS, the citizens and City of Morro Bay, California,
have a long-standing and documented record expressing concerns
with protecting the sensitive resources of the coastal zone, most
recently related to the affects of federal oil and gas leasing
sales and activities off the coast of Central California; and
WHEREAS, H.R. 4030 and H.R. 543 restore originally-intended
authority . of coastal States to consider all federal activities
that affect coastal resources relative to 'their federally-
approvea coastal management programs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Morro Bay, California, does hereby find the above
recitals are true and correct statements and findings, and does
hereby declarr its endorsement and support for H.R. 4030 and H.R.
543 constituting necessary and prudent reauthorization and amend-
ment to the Coastal Zone Management Act; and
BE IT FURTHER RESOLVED that the City Clerk is - hereby
directed to mail copies of City Resolution No. 59-90 to neighbor-
ing coastal cities and counties, the League of California Cities,
the National League of Cities, and Morro Bay's Congressional and
U.S. Senate representatives requesting similar support of H.R.
4030 and H.R. 54.3.
PASSED AND ADOPTED by the Morro Bay City Council at a
regular meeting thereof held on the 14th day of May, 1990 on the
following vote:
AYES: Baker, Lemons, Odell, Wuriu, Sheetz
NOES: None
ABSENT: None
i
/R0 E IE SHE Z, Mayor OOF
ATTEST:
ARDITH DAVIS City Clerk
CS-4 -�