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HomeMy WebLinkAboutResolution 2010-193 N.C.S. 10/18/2010IZesolution No. 2010-193 N.C.S. of the City of Petaluma, California RESO~,UTION OF ~'~-IE CI'TY COiJNCII.OF 'I`I~E CITY OF PE'~A~,iJMA PROVII)ING CO1VIlVIEN'I'S UNDER ~'I-~E CALIFORNIA ENVIItONiVIEN`I'AL ~UAI,IT~' AC'I' ON 'TI~E F'INAL ENVIRONIVIEN'TAL IMPAC~' REPORT FOR 'T~IE PROPOSED ROBLAR ROAI) QiJARRY PRO.~CT W~-IEREAS, the City of Petaluma is located near the area of the proposed site for a new rock quarry on Roblar Road; and, WHEIZEAS, the proposed Roblar Road Quarry is adjacent to the site of the now closed Roblar Road Landfill site which remains unlined and uncapped; and, WHEREAS, the City Council of the City of Petaluma is concerned about impacts of the proposed quarry operation on this landfill that could affect the local water supply of Petaluma's neighbors and also leave Petaluma exposed to liability due to historic use of the old landfill by City of Petaluma residents; and, WHEREAS, the project as proposed does not identify adequate measures to ensure that project construction and operation will not lead to damage to the Roblar ~Road Landfill with a resulting adverse impact on local water supply and/or adjacent properties; and, WHEREAS, there is a lack of an identified baseline of existing conditions from the Roblar Road landfill which would enable identification and appropriate assignment of responsibility for any damage to the Roblar Landfill resulting from construction and operation of the proposed project; and, WI~EREAS, the County of Sonoma has presently proposed a form of indemnification for the City of Petaluma and other involved cities which may not provide adequate liability protection for the City and its ratepayers; and, WHEREAS, in 2006, Petaluma voters joined Sonoma County voters to pass a'/4 cent sales tax to preserve agricultural lands, clean water, and open space; and, WHEREAS, the access to the Roblar Road Quarry studied as an alternative in the Final EIR places a haul road which is proposed to direct 300 or more truck trips (150 roundtrips) daily through agricultural land and open space protected through conservation easements and other preservation measures funded in part by the voter-approved sales tax; and, WHEREAS, location of a haul road over open space and agricultural land will adversely impact adjacent agricultural uses; and, WH~REAS, the Sonoma County Agricultural Preservation and Open Space District's Advisory Committee met on October 7, 2010 and took a position opposing the release of the Roblar Ranch Conservation Easement expressing that citizens expect that easements acquired by the District will be permanent; that sale or release of easements for private purposes sets a dangerous precedent; and that approval of a road through the easement will damage the Resolution No. 2010-193 N.C.S. Page I reputation of the District and erode public trust that the District permanently protects properties it acquires; and, WHEREAS, the City Council concurs with the position of the Advisory Committee regarding removal or modification of existing conservation easements; and, W~IEREAS, there has not been an appropriate evaluation under CEQA of the impact of the m~dification of the conservation easement, which has been proposed as a mitigation measure for otller adverse impacts of the project. NOW, TI~ERE~ORE, B~ IT RESOLVED that based on the foregoing recitals, which are incorporated herein, the City Council of the City of Petaluma objects to the certification of the Final EIR for the current John E. Barella Trust and Andrea M. Barella Trust application for County of Sonoma permits for the proposed Roblar Road Quarry Project ("the Project") because of: 1. Inadequate evaluation of environmental impacts as identified herein which affect the City of Petaluma and City residents. 2. Indemnification conditions proposed for the Project which are insufficient to protect the City of Petaluma and City residents and ratepayers from the liability consequences of potential damage to the Roblar Landfill from project construction and operation. 3. Access and a haul road proposed for the Project which would violate the public trust and require modification of conservation easements and open space/agricultural protection which has been achieved partially or wholly through tax funds paid by City residents and directed to the Sonoma County Agricultural Preservation and Open Space District. BE I~' FiJRTI~ER IZESOLVED that the City Council of the City of Petaluma urges the County of Sonoma to disapprove the Project unless the issues identified herein are fully evaluated and resolved in a manner sufficient to protect the City of Petaluma and City residents and ratepayers. BE IT FUR'g'HER RESOLV~D that the City Council of the C~ity of Petaluma does hereby direct the City Clerk to transmit this resolution to Valerie Brown, Chair of the Sonoma County Board of Supervisors. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Ap ove as to Council of the City of Petaluma at a Regular meeting on the ] 8`h day of October, o . 2010, by the following vote: AYES: Barrett, Vice Mayor Glass, Renee, Mayor Torliatt NOES: Harris, Healy ABSENT: None ABSTAIN: Rabbitt ATTEST: ~ City Clerk C Resolution No. 2010-193 N.C.S, Page 2