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HomeMy WebLinkAbout2000-02-22 - AGENDA REPORTS - OPPOSITION STRATEGY TMC (2)UNFINISHED BUSINESS CITY COUNCIL AGENDA REPORT City Manager's Item to be prese DATE: February 22, 2000 SUBJECT: OPPOSITION STRATEGY FOR THE PROPOSED L.A. COUNTY SOLEDAD CANYON SAND & GRAVEL MINING PROJECT DEPARTMENT: Planning and Building Services RECOMMENDED ACTION City Council to receive update and provide feedback to staff regarding the proposed opposition strategy for the L.A. County Soledad Canyon Sand & Gravel Mining Project. BACKGROUND In March 1999, the Draft Environmental Impact Report (Draft EIR) for the proposed L.A. County Soledad Canyon Sand & Gravel Mining Project was distributed for public review and comment. The project, proposed by Transit Mixed Concrete Company (TMC), involves surface mining of 83 million tons of material on a 460 -acre site just outside the eastern boundary of the City of Santa Clarita. In addition, concrete processing is proposed to occur on a 40 -acre area. Both the surface mining and concrete processing operations are proposed to extend over a 20 - year period. On May 11, 1999, the City Council appropriated funds in an amount not to exceed $50,000 from the City Council Contingency Fund to hire a CEQA specialist, legal specialist, lobbyist, and scientists and engineers to further evaluate the environmental analysis contained in the Draft EIR and Draft EIS for the proposed mining project. With these funds, staff hired Willdan Associates to assist in the preparation of technical response letters to both the Draft EIR and the Draft EIS. A legal analysis was also conducted by Burke, Williams & Sorensen attorney Geoffrey Willis. On December 1, 1999, the Los Angeles County Regional Planning Commission directed their staff to prepare findings for the denial of the proposed Soledad Canyon Sand & Gravel Mining Project. Following the Commission's formal decision scheduled to take place in March 2000, it is anticipated that Transit Mixed Concrete will appeal the decision to the Los Angeles County Board of Supervisors. Agenda Iten ANALYSIS In preparation for the L.A. County Board of Supervisor's expected consideration of the proposed mining project, City staff has proposed a strategy in opposition to the project. Major components of this strategy include the following: I. City staff to schedule one-on-one meetings with the planning deputies from each of the five Los Angeles County Supervisor offices. 2. City Council LAFCO/County/Growth & Development Committee to meet with key elected officials at the regional and state level. 3. City Council LAFCO/County/Growth & Development Committee to work with staff in implementing ongoing opposition strategy. 4. City manager to hire a lobbyist to support the opposition strategy at both the local (Los Angeles County) and federal (Bureau of Land Management) level. Funds appropriated by the City Council in May 1999 will be used for lobbyist services. 5. City to take an official support position for Congressman Howard McKeon's bill, H.R. 3060, which, if passed, would remove the mining land use designation for the proposed project site and prohibit any future mining operations on the site. 6. City staff to continue following the NEPA process, managed by the U.S. Bureau of Land Management, and respond appropriately to all environmental studies. This new phase of the City's opposition efforts follows a variety of actions taken since the Draft EIR was released in March 1999. Actions include the coordination of a community strategy workshop and the preparation of handouts and flyers as part of a comprehensive public outreach program. Various meetings and materials assisted the public in writing strong and detailed comment letters and preparing for oral testimony at the public hearing of the Los Angeles County Regional Planning Commission on July 14, 1999, at Valencia High School. Over 300 persons attended the public hearing and were represented by 17 organizations that spoke in opposition to the project, including the City of Santa Clarita. In addition, City staff, with technical support from Willdan Associates, has prepared four letters of response to the Draft EIR, Draft EIS, and Supplement to Draft EIS. These letters identify and discuss in detail a number of potential environmental impacts related to land use compatibility, visual resources, air quality, noise, traffic, public health and safety, and water quality, among others. The letters also comment on the adequacy of the environmental analysis prepared for this project. These letters are part of the formal record and will be addressed as part of the Final EIR and Final EIS. FISCAL IMPACT Remaining funds allocated by the City Council in May 1999 will be used to pay for lobbyist services and other technical or legal services, as necessary. Currently, remaining funds total $19,182.05. Therefore, no fiscal impacts are anticipated by the recommended action. ALTERNATIVE ACTIONS 1. Do not actively oppose the proposed Soledad Canyon Sand & Gravel Mining Project. 2. Expand the opposition strategy and allocate additional funds for this expanded scope. 3. Other actions as determined by Council. LMH s:\pbs\current\tmc\ar22200.doc To: The Honorable Jill Magic WMADE A Pill. I 0 r . " THE RECORD AT ------Q?� ' / ©_MEETING ITEM NO. /9 -7177-7-, From: Andrew Fried, President Safe Action For the Environment Inc. Date: 02/22/00 Re: TMC/Regional Planning Permit Denial 4. Due to the loose construction Of the Resolution of Denial and Finding of Fact, can the documents be construed as subverting the CEQA process? .5. Since the Regional Planning Commission voted a Resolution of Denial based on Findings of Facts without completing the CEQA process, does the Board of Supervisors have to compel TMC to complete the Process in order to achieve a final As you are now aware, on Wednesday morning, February 16, 2000, the Los Angeles County Regional Planning commission voted deny to Transit Mixed Concrete Company,s, application permit to mine sand and gravel in Soledad Canyon. on for a The Commission voted unanimously Resolution a to approve of denial based On Findings Of Fact written by the Planning Commission staff, The 49fifneo's are still considered to be in draft form, as Commissioner Vargo wanted strongerlanguage inked in severalsections i.e, Air Quality and Water Quality. langu e se Early Wednesday afternoon a f aftern 11, 9�'.Py o the Draft Resolution findings and of Fact were band delivered to the Law offices of MY on in downtown Los Angeles. ai thuswe respectfully submit that as a member of the Santa Clarita City Council, you re4 :t a City Manager's Office to authorize Mr. Newton, in his capacity as City Attorney, to ?fid........ .arud.analyze the above referenced County documents on behalf of the City, and issue h is ini 9 following areas of concern: opinion 1. Check for language, poor construction, or errors that might allow the Federal Government through the BLM or any Federal entity, to pre-empt local authority over zoning, land use, or any other issue, forcing the Application and Permit process forward under Federal jurisdiction 2. Verify that the legal construction and language of both the Resolution and the Findings of Fact affirm Los Angeles County's position as Lead Agency and thus guarantee the County absolute authority in the decision malting process. 3. Conduct a comparative analysis of the new Draft Resolution of Denial and Findings Fact, of with the numerous defects identified in the Draft EM/EIS, to confl t significant concerns have been rm tha all correctly identified and referenced. 4. Due to the loose construction Of the Resolution of Denial and Finding of Fact, can the documents be construed as subverting the CEQA process? .5. Since the Regional Planning Commission voted a Resolution of Denial based on Findings of Facts without completing the CEQA process, does the Board of Supervisors have to compel TMC to complete the Process in order to achieve a final P. February 22, 2000 EIR upon which the Board of Supervisors can base a Resolution of Denial or a Statement of overriding Considerations. 6. Look for any other areas of concern that might effect the City's ability to effectively Oppose this project during the continuation of the Administrative Process, or possibly litigate the outcome. During a telephone conversation Thursday afternoon with Julia Moore, the County Planner assigned to this project, she indicated the 15 day time frame for appeal by TMC to the County board of Supervisors would commence on the day the County mails the certified cover letter with the enclosed Resolution of Denial and Findings of Fact to TMC. According to Ms. Moore, this could occur sometime next week, or possibly the following week. Could Mr. Newton clarify if there is a legally prescribed time frame the County has to follow in mailing the certified letter to Transit Mixed Concrete Company, Ms. Moore also indicated that all respondents to the EIR would receive copies of the cover letter and aforementioned contents, all mailed at the same time. Our understanding is that TMC has 15 days to file their appeal with the Board of Supervisors. Thank you very much for your concern regarding the harmful effects of cumulative, long tern surface mining in the Santa Clarity Valley, and for all your help and effort in protecting the health, happiness and continued prosperity of both your constituents and of the people in the surrounding communities. Respectfully submitted, I remain, sincerely yours, Andrew G. Fried — / / /irk President ttt/// ((// Safe Action For the Environment, Inc. 04 Winston H. Hickox Secretaryfor . Environmental Protection State Water Resources Control Board Division of Water Rights 901 P Street • Sacramento, California 95814• (916) 657.2203 Mailing Address: P.O. Box 2000 • Sacramento, California • 95812.2000 Gray Davis Fax (916) 657-1485 Web Site Address: http://% w .sw eb.ca.gov Governor FEB 19 2000 Jo Anne Darcy, Mayor City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355-2196 Ron Battorff, Chair Friends of the Santa Clara River 660 Randy Drive Newbury Park, CA 91320-3036 Henry Schultz, Chair Sierra Club, Angeles Chapter 3435 Wilshire Boulevard, Suite 320 Los Angeles, CA 90010-1904 Dear Ladies and Gentlemen: RECE 1P ED FEE 2 2 2000 CY C17Y OF SANTA COUNCIL Stacey Nickels, President Natural History Club of Acton/Agua Dulce P.O. Box 965 Acton, CA 93510 Lynne Plambeck, I" Vice President Santa Clarita Organization for Planning the Environment P.O. Box 1182 Santa Clarita, CA 91386 REQUEST TO RENOTICE TRANSIT MIXED CONCRETE COMPANY'S APPLICATION NO. 29967 We have received your letters requesting that we renotice Transit Mixed Concrete Company's application. A review of our records indicates you were not on the original mailing list for the Public Notice issued on May 7, 1993. We have reviewed how the Division noticed the application and confirmed that standard noticing procedures were followed. Therefore, we do not believe it is necessary to renotice the a lication at this time. Additionally, *^� PFS.., ,. y, �t does,not appear.that there has r 31auf#}caenS chgttge,in the project or the circumstances of downstream water users or other persons to merit renoticing the application. We will, however, notify all interested persons of the date of any water rights hearing or other statutory proceeding. This will give an opportunity for interested individuals to provide comments on the project and voice their concerns. Your names have been added to the mailing list to receive any future notices regarding this application. We do maintain a database for people who wish to receive notices of all applications in a particular county or for a particular stream. If you wish to be on either or both of these lists, please notify this office. R7 `7'D AND MADE A PA,'Fi 1' OF THE RECORD AT o2&a l 0 0 MEETING ITEM N0. $ California Environmental Protection Azencv -2- FEB 19 2000 If you have any questions, please contact Lewis Moeller at (916) 657- 2050 or Jean McCue at (916)657-2203. Sincer y, Victoria Whitney Program Manager Bay Delta and Hearing Section cc: Interested Parties List Mr. Brian Mastin Technical Services Manager Transit Mixed Concrete Company 1201 W. Gladstone Street Azusa, CA 91702-0575 Elizabeth E. Soriano Assistant Coordinator Archeological Information Center A-163 Fowler 405 Hilgard Ave. Los Angeles, CA 90024-1510 Attorneys for Tansit Mix Concrete Company Baker & McKenzie c/o Kerry Shapiro 2 Embarcadero Center 24`h Floor San Francisco, CA 94111 Michael J. Rogers U.S. Forest Service Angeles National Forest 701 N. Santa Anita Ave Arcadia, CA 91006 Dean Efstathiou Los Angeles County Water Works Robert DiPrimio, President Districts Valencia Water Company 900 S. Fremont Ave 24631 Avenue Rockefeller Alhambra, CA 91745 Valencia, CA 91355 Ecco Water Company c/o L.V. Girard, Esq. 2637 Argolis Way Sacramento, CA 95826 A29967 United Water Conservation District c/o Kenneth L. Woodward Consulting Engineer 950 Watt Avenue Sacramento, CA 95864 James E. Jinks Newhall County Water District P.O. Box 779 Newhall, CA 91322-0779 CALMAT Company c"o Robert H. Bom Consulting Engineer 15 Anacapri Laguna Niguel, CA 92677 John A. Hecht, P.E. West Coast Environmental and Engineering 4253 Transport Street, Suite A Ventura, CA 93003 United Water Conservation District ATTN: District Manager P.O. Box 432 Santa Paula, CA 93061 Attorneys for Valencia Water Company Anne Thomas, Esq. Best, Best & Krieger P.O. Box 1028 Riverside, CA 92502-1028 Attorneys for Santa Clarita Water Company Stephanie Osler Hastings Hatch and Parent Law Firm 21 East Carrillo Street Santa Barbara, CA 93101-2782 A29967 A29967 Robert H. Dahl Wadsworth, Fraser & Dahl 3580 Wilshire Blvd, Suite 1620 Los Angeles, CA 90010-2517 A29967 A29967 United Water Conservation District Jim Duzick ATTN: District Manager 9303 Old Stage Road 106 North 8`h Street Agua Dulce, CA 91350 Santa Paula, CA 93060 A29967 Rio Dulce Ranch Company L.P. c/o Thomas S. Bunn III Lagerlof, Senecal, Drescher & Swift 301 North Lake Ave., 10`h Floor Pasadena, CA 91101-4107 A29967 Newhall County Water District c/o H. Jess Senecal, Esq. Lagerlof. Senecal, Bradley, Gasney & Kruse 301 North Lake Avenue, 10`x' Floor Pasadena. CA 91101-410 A29967 Attorneys for Valencia Water Company Anne Thomas, Esq. Best, Best & Krieger P.O. Box 1028 Riverside, CA 92502-1028 A29967 Jean Demven 3375 Country Way P.O. Box 513 Acton, CA 93510 Daryl Koutnik A29967 City of Los Angeles Dept. of Regional Planning Impact Analysis Section Room 1348 320 West Temple Street Los Angeles, CA 90012 Elizabeth Erickson A29967 California Regional Water Quality Control Board Los Angeles Region 320 W. 4`h Street, Ste 200 Los Angeles, CA 90013 Department of Fish and Game A29967 South Coast Region 330 Golden Shore, Ste 50 Long Beach, CA 90802 Attn: Environmental Services Henry Schultz, Chair .129967 Sierra Club, Angeles Chapter 3435 Wilshire Boulevard, Suite 320 Los Angeles, CA 90010-1904 Don Fields A29967 Operating Engineers Local 12 1215 K Street, Suite 1920 Sacramento, CA 95814 James E. Jinks A29967 Newhall County Water District P.O. Box 779 Newhall, CA 91322-0779 Stacey Nickels, President A29967 Natural History Club of Acton/Agua Dulce P.O. Box 965 ' Acton, CA 93510 Andrew G. Fried A29967 Safe Action For the Environment Inc P.O. Box 6100 Agua Dulce, CA 91350 David Cosgrove Rutan and Tucker 611 Anton Blvd., Suite 1400 Costa Mesa, CA 92626 Ron Battorff, Chair A29967 Susan Tarr 10060 Lagos Road Agua Dulce, CA 91350 A29967 Newhall County Water District c/o James E. Jinks P.O. Box 220970 Santa Clarita, CA 91322-0970 A29967 Robert H. Clark, Esq. General Counsel — Castaic Lake Water Agency 27066 Jarana Court Valencia, CA 91354 A29967 A29967 Jo Anne Darcy, Mayor City of Santa Clarita 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355-2196 A29967 A29967 Lynne A Plambeck 1 Vice President Friends of the Santa Clara River 660 Randy Drive Newbury Park, CA 91320-3036 Santa Clarita Organization for Planning the Environment P.O. Box 1182 Santa Clarita, CA 91386 vState Water Resources Control Board a Division of Water Rights Winston H. Hickoz 901 P Street • Sacramento, California 95814• (916) 657-2203 Secreraryjor Mailing Address: P.O. Box 2000 • Sacramento, California • 95812-2000 Gray Davis Environmental Fax (916) 657-1485 Web Site Address: http://www.swrcb.ca.gov Governor Protection FEB 19 2000 RECEIVED Mr. Kerry Shapiro FEB 2 2 2000 CIY Baker & McKenzie CITY OF SANTA CLARITA Two Embarcadero Center, 24d' Floor San Francisco, CA 94111-3909 Dear Mr. Shapiro: TRANSIT MIXED CONCRETE COMPANY — REQUEST FOR PERMIT UNDER SECTION 1351 OF THE WATER CODE OR FIELD INVESTIGATION IN LIEU OF A HEARING We received your letter, dated October 6, 1999, requesting that we analyze and process Transit Mixed Concrete Company's (TMC) application separately from other pending applications to appropriate water from the Santa Clara River. You also requested that we make a determination under Water Code section 1351 of disputed facts prior to scheduling a hearing, and consider whether a field investigation in lieu of a hearing is appropriate for TMC's minor application. Water Code section 1345 requires the Division of Water Rights (Division) to " conduct a field investigation of all minor protested applications." The Division may conduct an informal hearing after the field investigation. (Water Code §1346.) Moreover, the State Water Resources Control Board may determine that additional proceedings are necessary, including holding a formal hearing. (Water Code § 1347.) The Division has determined that TMC's application is a minor application subject to these procedures. Accordingly, the Division will conduct a field investigation after Los Angeles Qounty has completed the appropriate environmental review. Following the field investigation, it may be appropriate to hold a hearing. (Water Code §§ 1346-1347.) If you have any questions, please contact Lewis Moeller at (916) 657- 2050 or Jean McCue at (916) 657-2203. Sincerely, Victoria Whitney Program Manager Bay Delta and Hearing Section cc: Interested Parties List R CD 7".17 D AND MADE A Pr„ 4 e OF THE RECORD AT a/ad /Oo MEETING ITEM NO. L California Environmental Protection Agency 1 Mr. Brian Mastin Technical Services Manager Transit Mixed Concrete Company 1201 W. Gladstone Street Azusa, CA 91702-0575 Elizabeth E. Soriano Assistant Coordinator Archeological Information Center A-163 Fowler 405 Hilgard Ave. Los Angeles, CA 90024-1510 Attorneys for Tansit Mix Concrete Company Baker & McKenzie c/o Kerry Shapiro 2 Embarcadero Center 24`h Floor San Francisco, CA 94111 Michael J. Rogers U.S. Forest Service Angeles National Forest 701 N. Santa Anita Ave Arcadia, CA 91006 Dean Efstathiou Los Angeles County Water Works Robert DiPrimio, President Districts Valencia Water Company 900 S, Fremont Ave 24631 Avenue Rockefeller Alhambra, CA 91745 Valencia, CA 91355 Ecco Water Company C/o L.V. Girard, Esq. 2637 Argolis Way Sacramento, CA 95826 A29967 United Water Conservation District c/o Kenneth L. Woodward Consulting Engineer 950 Watt Avenue Sacramento, CA 95864 A29967 United Water Conservation District ATTN: District Manager 106 North 811 Street Santa Paula, CA 93060 Rio Dulce Ranch Company L.P. A29967 c/o Thomas S. Bunn III Lagerlof, Senecal, Drescher & Swift 301 North Lake Ave., 10`h Floor Pasadena, CA 91101-4107 James E. Jinks Newhall County Water District P.O. Box 779 Newhall, CA 91322-0779 John A. Hecht, P.E. West Coast Environmental and Engineering 4253 Transport Street, Suite A Ventura, CA 93003 United Water Conservation District ATTN: District Manager P.O. Box 432 Santa Paula, CA 93061 Attorneys for Valencia Water Company Anne Thomas, Esq. Best, Best & Krieger P.O. Box 1028 Riverside, CA 92502-1028 Attorneys for Santa Clarita Water Company Stephanie Osler Hastings Hatch and Parent Law Firm 21 East Carrillo Street Santa Barbara, CA 93101-2782 CALMAT Company A29967 Robert H. Dahl A29967 c,/c, Robert H. Bom Wadsworth, Fraser & Dahl Consulting Engineer 3580 Wilshire Blvd, Suite 1620 15 Anacapn* Los Angeles, CA 90010-2517 Laguna Niguel, CA 92677 Jim Duzick A29967 .129967 9303 Old Stage Road Attorneys for Valencia Water Agua Dulce, CA 91350 Company Anne Thomas, Esq. Best, Best & Krieger P.O. Box 1028 Riverside, CA 92502-1028 Newhall County Water District x29967 c/o H. Jess Senecal. Esq. Lagerlof, Senecal, Bradley, Gasney & Kruse 301 North Lake Avenue, 10" Floor Pasadena, CA 91101-4 10 Jean Demyen 3375 Country Way P.O. Box 513 Acton, CA 93510 A29967 Daryl Koutnik A29967 City of Los Angeles g A29%7 James E. Jinks Dept. of Regional Planning Newhall County Water District .129967 Susan Tarr Impact Analysis Section Room 1348 P.O. Box 779 10060 Lagos Road 320 West Temple Street Newhall, CA 91322-0779 Agua Dulce, CA 91350 Los Angeles, CA 90012 Elizabeth Erickson A29967 A29967 California Regional Water Stacey Nickels, President .x29967 Newhall County Water District Quality Control Board Natural History Club of c/o James E. Jinks Los Angeles Region Acton/Agua Dulce 22 P.O. Box 22 0970 oxCla 320 W. 4t' Street, Ste 200 Los Angeles, CA 90013 P.O. Box 965 . Acton, CA 93510 Santa CA 91322-0970 Department of Fish and Game A29967 South Coast Region 330 Golden Shore, Ste 50 Long Beach, CA 90802 Attn: Environmental Services Andrew G. Fried A29967 Safe Action For•the Environment Inc P.O. Box 6100 Agua Dulce, CA 91350 A29967 Robert H. Clark, Esq. General Counsel — Castaic Lake Water Agency 27066 Jarana Court Valencia, CA 91354 Henry Schultz, Chair A29967 David Cosgrove A29967 Jo Anne DarcyA29967 , Mavor Sierra Club, Angeles Chapter Rutan and Tucker City of Santa Clarita 3435 Wilshire Boulevard, Suite 320 611 Anton Blvd., Suite 1400 23920 Valencia Blvd., Suite 300 Los Angeles, CA 90010-1904 Costa Mesa, CA 92626 Santa Clarita, CA 91355-2196 Don Fields Operating Engineers Local 12 1215 K Street; ,Suite 1920 Sacramento, CA 95814 A29967 Ron Battorff, Chair A29967 Friends of the Santa Clara River 660 Randy Drive Newbury Park, CA 91320-3036 A29967 Lynne A Plambeck I" Vice President Santa Clarita Organization for Planning the Environment P.O. Box 1182 Santa Clarita, CA 91386