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HomeMy WebLinkAboutLetter to Assemblyman Nestande and Senator Emerson Opposing AB742 - LowenthalCITY OF PALM DESERT OFFICE OF THE CITY MANAGER STAFF REPORT REQUEST: APPROVE A LETTER TO ASSEMBLYMAN NESTANDE AND SENATOR EMMERSON OPPOSING AB 742 SUBMITTED BY: Gary Rosenblum, Risk Manager/ Legislative Analyst DATE: September 1, 2011 CONTENTS: Recommended Letter of Request Recommendation By Minute Motion, approve the recommended letter opposing AD 742 to Assemblyman Nestande and Senator Emmerson. Background A regional quarry proposed by Granite Construction in Temecula that would produce gravel and rock for local road and other major building projects has reached the final approval process after six years. At the last minute before final county approval is being voted on, objections were raised by the Pechenga tribe and other local residents of Temecula. Despite the analysis that the quarry will reduce regional air pollution through reduced truck traffic carrying gravel and rock long distances from distant quarries, create 100 jobs and provide a local source for building materials used in roads, schools and hospitals, Assemblywoman Lowenthal has introduced AB 742 which would legislatively kill the project on behalf of the Pechanga tribe and which is moving quickly through the legislative process. While the City is in favor of reduced air pollution and more local jobs, the key factor in this request to send letters of opposition is that this is a local land use decision that should be made by our local county Supervisors, through the standard fully transparent local land use approval process, and should not be subject to micro -management by Sacramento lawmakers on behalf of powerful individuals through back room deals. This bill would set a bad precedent where local individuals or companies who were not happy with land use decisions in Palm Desert could find a Sacramento representative to push a bill specifically reversing our local decision. Staff Report: AB 742 September 8, 2011 Page Two Fiscal Analysis There is no direct fiscal impact of this letter of objection by the City. Submitted By: Gary Rosenblum, Risk Manager/Legislative Liaison Approval: Paul t Gibson, Director of Finance n M. Wohlmuth, City Manager CITY COUNCILACTION APPROVED " DENIED RECEIVED OTHER AYES: NOES: ABSENT-., ABSTAIN: VERIFIED BY: Original on File with Cit Jerk's Office September 1, 2011 Senator Emmerson California State Senate State Capitol Building Sacramento, California 95814 Dear Senator Emmerson: The City of Palm Desert opposes AB 742 (Lowenthal), and if it reaches the State Senate we request that you also oppose it. AB 742 is a bill that is a last minute attempt to circumvent a long, scientific and transparent land use approval process by Granite Construction to build a building material quarry in Temecula. The regional quarry proposed by Granite Construction would produce gravel and rock for local road and other major building projects has reached the final approval process after six years. At the last minute before final county approval is being voted on, objections were raised by the Pechenga tribe and other local residents on Temecula. Despite the analysis that the quarry will reduce regional air pollution through reduced truck traffic carrying gravel and rock long distances from distant quarries, create 100 jobs and provide a local source for building materials used in roads, schools and hospitals, AB 742 would legislatively kill the project on behalf of the Pechanga tribe. While the City is in favor of reduced air pollution and more local jobs, the key factor in this request to send letters of opposition is that this is a local land use decision that should be made by our local officials, through the standard fully transparent local land use approval process, and should not be subject to micro -management by Sacramento lawmakers on behalf of powerful individuals through back room deals. This bill would set a bad precedent where local individuals or companies who were not happy with land use decisions in Palm Desert could find a Sacramento representative to push a bill specifically reversing our local decision. Therefore the City of Palm Desert respectfully requests that you oppose AB 742 (Lowenthal), if it reaches the State Senate. Please do not hesitate to contact my office or the City's Legislative Analyst, Gary Rosenblum, if we can be of assistance to you. Sincerely, Jean M. BENSON MAYOR cc: John Wohlmuth, City Manager