HomeMy WebLinkAbout09-03-2019 Item 15 - Oppose new Oil and Gas Drilling and Fracking
Department Name: City Administration
Cost Center: 1005
For Agenda of: September 3, 2019
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Robert Hill, Interim Deputy Director
Dylan Stafforini, Sustainability and Natural Resources Intern III
SUBJECT: OPPOSE PROPOSED NEW OIL & GAS DRILLING AND HYDRAULIC
FRACTURING LEASE SALES IN THE VICINITY OF THE CITY OF SAN
LUIS OBISPO
RECOMMENDATION
Adopt a resolution (Attachment A) opposing new oil & gas drilling and hydraulic fracturing
lease sales on Bureau of Land Management (BLM) lands in the vicinity of the City of San Luis
Obispo.
DISCUSSION
On August 20, 2019, City Council requested that a Resolution opposing item be placed on the
agenda for further Council deliberation.
Background
The BLM is expected to release its final Supplemental Environmental Impact Statement (SEIS)
on fracking as part of its Resource Management Plan for the Bakersfield Region this fall. The
BLM will then open these lands and mineral estate to leasing for new oil drilling and fracking,
including 123,000 acres in San Luis Obispo County, specifically parcels in or near Lake
Nacimiento, Whale Rock Reservoir, Reservoir Canyon Natural Reserve, Irish Hills Natural
Reserve, Lopez Lake County Park, and Montaña de Oro State Park, as well as others.
The BLM either owns or holds the sub-surface mineral estate in the above locations. Over
90,000 public comments were submitted to the BLM during two public comment periods with
concerns over threats to water, air, and climate; proximity to schools, military installations, and
environmentally sensitive areas; the City of San Luis Obispo is on record with two prior letters
submitted during the scoping period and during the preparation of the SEIS. The BLM has made
no indication that it will remove any parcels from its lease plan. Parcels will be made available
for lease throughout the 10-year term of the Resource Management Plan.
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Previous Council Action
The City has a recent history of supporting efforts related to banning fracking and limiting oil
drilling expansion due to health and safety, environmental, and climate concerns:
1. On August 21, 2018 the City Council approved the adoption of a resolution supporting the
County-wide Measure G-18: Protect Our Water, Air and Land: Ban Fracking and Oil
Expansion.
2. On March 5, 2019 the City Council approved the City’s Legislative Action Platform for 2019
(Resolution No. 10991), including the support of legislation to improve and enhance the
safety of transport volatile crude oil (#10; Public Safety), supporting the expansion of
National Marine Sanctuary off the coast of San Luis Obispo County to limit offshore oil and
gas development (#2; Parks and Recreation and Natural Resources), and opposing any
development under existing or new oil and gas leases in San Luis Obispo County. (#6; Parks
and Recreation and Natural Resources).
3. On October 3, 2017, the City Council adopted Resolution 10836, which opposes new or
expanded offshore oil and gas leases off the coast of San Luis Obispo County and supporting
measures to prohibit discharge of pollutants into the ocean.
4. On June 23, 2015, the City Council committed to fossil fuel divestment through the adoption
of the City of San Luis Obispo Investment Management Plan, which includes the following
restriction, “No investments are to be made to support the direct production of drilling of
fossil fuels.”
5. In February 2015, City Council directed staff to write a letter to the County of San Luis
Obispo opposing the Phillips 66 oil train project due to health, safety, and environmental
issues.
Policy Context
The attached Resolution (Attachment A) opposes the leasing off of BLM land within the vicinity
of the City of San Luis Obispo for oil & gas drilling and hydraulic fracturing. The resolution
recognizes the critical importance of making decisions that supports the state movement toward
carbon neutrality, the protection of groundwater as a fundamental resource, recognizes that
expanded or intensified oil extraction would significantly increase the demands on the County’s
limited water supplies and that the protection of this resource is the primary responsibility of all
levels of government.
The City’s legislative platform authorizes legislative advocacy opposing the expansion an d
continuation of oil and gas operations in San Luis Obispo County. The SEIS is considered a part
of the rule making process and therefore a legislative action.
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Public Engagement
This item is on the agenda for the September 3, 2019 City Council meeting and will follow all
required postings and notifications. The public may comment on this item at or before the
meeting.
CONCURRENCE
The City’s Utilities Department concurs with the recommendation due to the possibility of
impacts to municipal water supply.
ENVIRONMENTAL REVIEW
Passing a Resolution that opposes new oil & gas drilling and hydraulic fracturing leases is not
subject to the provisions of the California Environmental Quality Act (CEQA) because it is not a
project as defined in CEQA Guidelines Section 15378 (Definitions – Project).
FISCAL IMPACT
Budgeted: No Budget Year: 2019-20
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There is no direct fiscal impact associated with the recommended action as it requires only
minimal resources from the City Administration Department and City Attorney’s Office.
ALTERNATIVES
The City Council could direct staff to alter the draft Resolution or decide not to adopt a
Resolution. Staff does not recommend this alternative because the Resolution is consistent with
the City’s 2019 Legislative Action Platform, recent actions to restrict new fossil fuel extraction,
and the City’s commitment to climate action.
Attachments:
a - Draft Resolution Opposing BLM Oil & Gas Leases
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R ______
RESOLUTION NO. _____ (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, OPPOSING NEW OIL AND GAS DRILLING
AND HYDRAULIC FRACTURING LEASE SALES IN THE VICINITY OF
THE CITY OF SAN LUIS OBISPO THAT ARE INCONSISTENT WITH
CURRENT USE AND JEOPARDIZE WATER RESOURCES, AIR
QUALITY AND SAN LUIS OBISPO CLIMATE ACTION PLAN GOALS
WHEREAS, the U.S. Department of Interior, Bureau of Land Management, manages
federal lands and mineral estate in California, including within and in the vicinity of the City of
San Luis Obispo, for leasing for oil and gas production; and
WHEREAS, the U.S. Department of Interior, Bureau of Land Management, has not held
a lease sale of federal public lands and mineral estate for oil and gas production in California for
more than five years; and
WHEREAS, the U.S. Bureau of Land Management has commenced the process to reopen
federal lands and mineral estate in the Central Coast/ Bakersfield Planning region, including lands
within and in the vicinity of the City of San Luis Obispo, for oil and gas drilling; and
WHEREAS, the U.S. is a net oil exporter; and
WHEREAS, oil and gas development and fracking do not represent a sustainable energy
future for the City of San Luis Obispo, the County of San Luis Obispo, California, or the U.S.; and
WHEREAS, oil and gas development produce significant amounts of greenhouse gas
emissions and is a leading contributor to climate change; and
WHEREAS, it is a major city goal for the City of San Luis Obispo to become a net -zero
carbon city; and
WHEREAS, it is a major city goal for the City of San Luis Obispo to implement its
Climate Action Plan; and
WHEREAS, the City of San Luis Obispo’s Climate Action Plan includes the goal of
carbon neutrality by 2035; and
WHEREAS, expanding production on federal land and mineral estate in the vicinity of the
City of San Luis Obispo blocks the city’s ability to meet its climate goals; and
WHEREAS, oil drilling, production and transport presents a clear and ever-present danger
to the health and safety of residents, businesses and economies, with the threat of an oil spill
potentially damaging ecosystems, water, human health, and economic activities; and
WHEREAS, oil and gas development results in the release of air pollutants known to cause
harm to human health; and
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Resolution No. _____ (2019 Series) Page 2
R ______
WHEREAS, studies have linked fracking and other drilling techniques to health concerns,
air and water pollution, and harm to wildlife; and
WHEREAS, the U.S. Bureau of Land Management has commenced the process to reopen
federal lands and mineral estate to for oil and gas drilling, including lands under and beside Lake
Nacimiento, directly adjacent to Santa Margarita Lake, and less than ½ mile from Old Creek,
which feeds Whale Rock Reservoir; and
WHEREAS, the City of San Luis Obispo depends on Lake Nacimiento, Santa Margarita
Lake, and Whale Rock Reservoir for water for municipal uses; and
WHEREAS, fracking requires pumping large amounts of water (1 million to 8 million
gallons for each well) into the ground; and
WHEREAS, the Central Coast, including the City of San Luis Obispo, recently
experienced eight years of extreme drought which climate scientists now predict will be the “new
normal’ for the Central Coast; and
WHEREAS, the City of San Luis Obispo’s water resources are fragile, limited and drought
prone and cannot be used for fracking or oil and gas development; and
WHEREAS, ground and surface water supplies in San Luis Obispo are historically
stressed and fully appropriated; and
WHEREAS, freshwater resources from other California communities cannot be purchased
for fracking and oil and gas development on the Central Coast without depriving these
communities of needed and precious fresh water supplies; and
WHEREAS, the U.S. Bureau of Land Management has commenced the process to reopen
federal lands and mineral estate that include significant portions of City-owned Reservoir Canyon
Natural Reserve and BLM land that is adjacent to the City’s Irish Hills Natural Reserve, as well
as Lopez Lake County Park and Montaña de Oro State Park; and
WHEREAS, these areas, as well as Los Padres National Forest and Carrizo Plain National
Monument, are mountains and wild places the BLM plans to open to oil and gas drilling that are
important to the City of San Luis Obispo’s residents and visitors for recreation, exploration, and
relaxation; and
WHEREAS, and tourism and recreation comprise a large part of the City of San Luis
Obispo's economy; and
WHEREAS, the City of San Luis Obispo values California’s federal lands, which provide
habitat to a vast array of wildlife that depend on a healthy and clean environment; and
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Resolution No. _____ (2019 Series) Page 3
R ______
WHEREAS, oil and gas development would threaten the recovery of the endangered
condor, reintroduced tule elk, and pronghorn antelope in San Luis Obispo County; and
WHEREAS, continued expansion of oil and gas development would have detrimental
impacts on the essential habitat connectivity corridors that connect neighboring protected areas;
and
WHEREAS, oil and gas development would threaten previously protected National Forest
lands and Carrizo Plain National Monument in the County of San Luis Obispo.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City hereby opposes new federal oil drilling and fracking leases
within, or in the vicinity of, the City of San Luis Obispo and on or adjacent to any publicly held
natural spaces.
SECTION 2. Action. The City Council of the City of San Luis Obispo hereby requests
that the portion of the City’s Reservoir Canyon Natural Reserve with split mineral estate be
removed from consideration by BLM and opposes new oil and gas drilling and hydraulic fracturing
leases on neighboring BLM land.
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Resolution No. _____ (2019 Series) Page 4
R ______
SECTION 3. Environmental Determination. The City Council has determined that the
above actions do not constitute a project, as defined by the California Environmental Quality Act
and is not subject to environmental review.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2019.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, 2019.
____________________________________
Teresa Purrington
City Clerk
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