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HomeMy WebLinkAboutCC_1983-04-11 Special Meeting MinutesMORRO BAY CITY COUNCIL ADJOURNED MEETING - APRIL 11, 1983 SPECIAL PUBLIC HEARING - OCS LEASE SALE 73 RECREATION HALL - 5 00 P.M. Mayor Shelton called the meeting to order at 5:00 p.m. ROLL CALL PRESENT: STAFF: Eugene R. Shelton Rodger J. Anderson John Lemons Bruce Risley Bud Zeuschner P aul Baxter P eggy Buchanan Mike Multari Mayor Councilmember Councilmember Councilmember Councilmember City Administrator Deputy City Clerk Assistant Planner Mayor Shelton introduced Mr. Ron DeCarli from the San Luis Obispo County Planning Department, to provide an overview of the events leading to the Draft Environmental Impact Statement (DEIS) for Lease Sale 73. Mr. DeCarli stated that in December of 1982, the Mineral Management Service had requested public comments regarding the scope of the DEIS. On December 30, 1982, published in the Federal Register was a request for comments to be submitted in writing within the next thirty (30) days. Mr. DeCarli noted that the general public was not made aware of this opportunity for comment until January 12, 1983. County staff then prepared specific comments, with most of the concerns based upon the experiences and problems related to Lease Sale 53, identifying some possible problems such as air quality, tourism and commercial fishing. Very specific recommendations and alternatives were provided in these comments, such as deletion of tracks immediately o ff of Morro Bay from further leasing, deleting tracks immediately off o f Pismo Beach and Arroyo Grande from further leasing, considering an alternative to delete all tracks north of Pismo Beach, which would be consistent with legislation that is presently proposed by Senator Cranston and Congressman Panetta. Mr. DeCarli stated that in addition to these comments, mitigation measures were also examined and specific comments were developed and submitted. Mr. DeCarli noted that the response to these comments came upon the ✓ eview of the DEIS, when it was found that the Federal government basically did not incorporate those concerns addressed, and more importantly did not even acknowledge them. Mr. DeCarli reveiwed the DEIS as it stands, a sale extending from Morro Bay south to Point Conception, and from three miles out to in some cases up to sixty miles offshore. The nearshore areas off Morro Bay, the nearshore areas between three and twelve miles off Port San Luis, are some of the more important areas to the County and. City of Morro Bay, which have not been addressed in the DEIS. MORRO BAY CITY COUNCIL Adjourned Meeting - April 11, 1983 P ublic Hearing - OCS Lease Sale 73 P age Two Mr. DeCarli referred to the focus of the DEIS as being on a gross regional level, generally including the counties of Santa Barbara, S an Luis Obispo, and in most cases, Santa Cruz and Monterey, and in some cases extending to the Bay area and all the way to the Oregon border. Rather than focusing in on the area directly affected by the sale, and concentrating of the effects to the nearshore areas of Morro Bay, the commercial fishing industry of Morro Bay and Port San Luis, and other strictly local effects, the emphasis of the document as presently written is on a very gross scale. The entire discussion on t ourism focuses on the San Francisco Bay area, with not even a single d iscussion of the tourism/recreation potential impacts to the Morro Bay area, to the City of Pismo Beach or Grover City. Mr. DeCarli noted that the County has suggested and identified a series of mitigation measures, or what could be done to minimize problems. He reveiwed the air quality problems, and stated that there appears to be a very high likihood that with the extent of offshore oil drilling anticipated, there may be a result of exceeding the national clean air standards, which could result in a federally imposed clean air antainment maintenance plan. This could mean additional air quality stipulations on existing developments. The DEIS does not address these types of problems, and only indicates that the air quality regulations will be adequate enough to support this. Mr. DeCarli stated that this was one of a whole series of problems and o versights within the DEIS, the mitigation measures being the standard L ease Sale stipulations proposed elsewhere throughout the entire P acific Outer Continental Shelf, which are not geared to the specific problems identified. The DEIS indicates that between 5 to 30 offshore o il drilling platforms can be expected within this planning area. This d oes not include the already 5 to 30 platforms originally anticipated during Lease Sale 53, with no cumulative assessment of the two sales provided. Mr. DeCarli reviewed the discussions on crew and supply boat n eeds and noted that the estimates are grossly underestimated.. This is including an assumption that there will be a crew boat supply facility at Port San Luis, with up to 60 crew boat supply trips per month, based . o n an assumption of 2 crew boat trips per week going out per rig. After d iscussions with the oil companies in a County study, indications are that there could be as many as 25 to 30 trips per week which is a phenomenal d ifference. Throughout the DEIS, staff has found that it is a general statement of impacts that discusses it on a statewide or regional basis that does n ot focus in on the primary concerns affecting this area. The alternatives are limited in nature, mitigation measures are the standard Lease Sale stipulations, with no cumulative impacts discussed regarding the impacts predicted from the first (Lease Sale 53) oil sale. Mr. DeCarli noted that although the estimate of oil available has doubled since the Lease S ale 53, no revised estimate of oil spills has been provided. Mr. DeCarli reviewed the DEIS statement regarding the effectiveness of o il spill. clean-up measures and noted that equipment could not be d eployed in seas over 6' in height, and that its effectivness would be MORRO BAY CITY COUNCIL Adjourned Meeting April 11, 1983 P ublic Hearing -.00S Lease Sale 73 P age Three q uestionable in seas over 4' in height. Oil spills also cannot be cleaned during fog, darkness, or rough seas, all of which are frequent occurances in this area of the coast. The impacts are downplayed in the DEIS. The effect on spill were to hitting shore when the probability increases alternatives are provided. the sea otter range are also downplayed. If such a occur within ten miles of shore, the probability of it is about 40% within 30 days, except during the fall months to about 90% in 30 days, however no other Mr. DeCarli stated that the County is preparing very specific comments which would be available to the public, and noted that the San Luis Obispo County and Cities Area Coordinating Council will review the County position and will meet on Tuesday, April 12, in the Planning Commission Chambers in the County Courthouse at 1:30 p.m. Mr. Mike Multari, Assistant Planner with the City of Morro Bay, stated that the Planning Department had been working with Mr. DeCarli and the County in reviewing the DEIS and have identified impacts and inadequacies of the DEIS as it relates specifically to Morro Bay. Mr. Multari summarized those impacts, which included theinsufficient o pportunity for public review and comment; the inappropriate scope of analysis; the inadequate analysis of potentially severe impacts on n umerous resources in the Morro Bay Harbor and estuary; the inadequate analysis of the risks from oil spills relative to the high biological ✓ alue of the Morro Bay estuary; the inadequate analysis of impacts on local public facility systems, notably water delivery services; the inadequate analysis of potential secondary impacts resulting from leasing State Tidelands and the DEIS should conclude that. alternative No. II is preferable relative to the project as proposed (Alternative No. I). Mr. Multari also noted that written comments can still be delivered u ntil April 25th, to the Mineral Management Service, and urged all interested citizens to submit written comments. Mayor Shelton asked for questions to Mr. DeCarli or Mr. Multari. Mrs. M'May Diffley, questioned what documents will be submitted at the public hearing in Santa Maria. Mr DeCarli stated that the entire packet of comments from the County will be submitted. Mr. Harold Weiman asked who would be representing the County and City of Morro Bay at this public hearing. Mayor Shelton stated that he would be representing the City at the hearing, and the County Planning Director, Paul Crawford would also be representing the County. MORRO BAY CITY COUNCIL Adjourned Meeting - April 11, 1983 Public Hearing -- OCS Lease Sale 73 Page Four M'May Diffley asked what influence the panel receiving testimony at the public hearing in Santa Maria will have. on the proposal, and their connection with the DEIS. Mr. DeCarli stated that the position of this panel is unclear, and that the representatives from the Mineral Management Service are not the principal authors of the DEIS. Mr. Don Bailey asked what the prospect if for intervention from the governor, or pressure to extend the comment period and hold. additional public hearings. Mr. DeCarli noted that Congressman Panetta and Senator Cranston, as well as Michael of the Coastal Commission, are pushing hard to extend the comment period and hold local hearings, but the results have not been seen yet from this effort. Mayor Shelton announced that the Public Hearing was now open to receive testimony from any interested party. Mayor Shelton noted that this testimony would be recorded and transmitted to the public hearing to be held on the 13th of April in Santa Maria, as a means for those unable to attend to have their comments on record. Mr. Arthur Bartlett, President of the Morro Bay Chamber of Commerce spoke regarding Section 3, pages 79 through 86; Section 4, pages 176 and 181; Table 3, page 81. Mr. Barlett read a portion of the DEIS. ✓ elating to tourism on the Central Coast, regarding the total value o f tourism and the total vacation pleasure expenditures for the County. Mr. Barlett quoted from the DEIS "Tourism is one of the largest industries in Calfornia, directly affecting more than one million jobs... The Central Coast of California is a. highly sensitive natural. resource area and is an . important recreational asset to the residents of the State and to tourism. Along the Coast, recreation is primarily water oriented, both from the active participation and from an aesthetic and passive aspect." Mr Bartlett reveiwed the above sections of the DEIS. Mr. Bartlett stated that the City cannot afford,"economically or aesthetically, even the most remote possibility of a violation of this Central Coast." Mr. Steven Page, Toro Creek Canyon, read a prepared statement regarding the Chevron Oil Pipline project. that took place during the summer of 1982. Mr. Page related the facts that Chevron did not take out a building or use permit for one of the largest private construction projects in San Luis Obispo County history., spent an estimated 22 million dollars on the project; removed vegetation and graded strip of land in excess of 10 million square feet; graded on slopes in excess of 45° and yet the project ✓ emained outside the permit process, with no use permit required, no g rading plan; no revegetation plan required; no drainage or erosion plans were required. Mr. Page stated that portions of the project were ina h igh fire hazard areas, in the middle of summer, with the extensive use o f heavy equipment, yet no fire safety plan was required; portions of the project passed through geologic study areas, yet no soils study was ✓ equired, no report on adverse ground water conditions, no report on landslide conditions, and again no use permit was required. MORRO BAY CITY COUNCIL Adjourned Meeting - April 11, 1983 P ublic Hearing -.00S Lease Sale 73 P age Five Mr. Page stated that although portions of the project passed through sensitive resource areas, no EIS was required. Mr. Page related that there were pipeline breaks, and spillage of jet fuel with no notice to the Forestry Department. He related other facts regarding the Chevron project, including their use of a 24 foot easement recorded in 1929, to include extensive and unreasonable damage outside the companies ✓ ight-of-way, including cuts of over 35 feet in height and fills over 200 feet wide. Mr. Page stated that the County had issued a stop work o rder against Chevron on July 27, 1982, and noted that on July 29, 1982, Chevron was notified by the County that no permit was necessary. This project fell into a hole in County law, to the advantage of Chevron and the disadvantage of tax -payers. Mr Page related damage to property adjacent to the project, damage to County owned roads, and other private ✓ oads. Mr. Page stated that due to the inexhaustible legal power of these type o f large corporations, the people of this County and others are helpless. These are the same corporations that are petitioning for the purchase of o ffshore oil leases and are subsequently planning on -shore development. Until provisions of the land use ordinance for pipeline construction adequately delineates between owners with rights of eminent domain and corporations who are constructing pipeline for private, economic purposes and until the land use ordinance requires these private coporations to comply with ordinance like every other citizen, Mr. Page felt that it would be premature and a disservice to the residents of San Luis Obispo County to allow offshore development and the subsequent onshore development in the San Luis Obispo County area. Mary Lou Marshall, representing the Morro Bay Grange, stated that the Grange was opposed to Lease Sale 73 and all offshore oil drilling in the Central Coast because of the danger to the commercial fishing industry, the tourism industry and the water conservation efforts in Morro Bay. Harold Weiman, stated that in addition to the possibility of catastrophic oil spills and events, the day to day, gradual chipping away of environ- mental qualities along the Coast. Mr. Weiman noted that the Central Coast is fortunate to have a number of State Parks which are in part designed to protect the environment, along with areas such as the shore cliffs, sand d unes, estuaries, salt marshs, and other such one of a kind areas in San L uis Obispo County. Mr. Weiman emphasized the need to preserve these few remaining resources, which are not mentioned in the DEIS. Jerry Sagouspe, stated that the virtue of this area is its beauty, and compared building oil wells off Montana de Oro and Morro Bay with painting a mustache on the Mona Lisa. John Piercilowski, read a statement regarding the DEIS, which he felt d id not cover in enough detail the possible toxic effects of oil develop- ment on the smaller plant and animal organisms that form the base of the food chain in the ocean. The smaller species such as plankton, and the many species of flora and fauna on the offshore banks and the nearshore environment are scacely mentioned in the DEIS. Mr. Piercilowski MORRO BAY CITY COUNCIL Adjourned Meeting - April 11, 1983 P ublic Hearing - OCS Lease. Sale 73 P age Six stated that the report states that the dilution of toxins from the o il platforms or an oil spill will reduce the effects on the larger mammal, fish and bird species but admits that the cumulative effects o f these widely dispersed but continuously present chemicals on microscopic life and other small members of the marine food chain. Mr. Piercilowski felt that more study needs to be done in this area. Rob Mole, geologist from Cambria, referred to Chapter 1, Section A of the DEIS which states that the Federal Government is authorized to protect the human, marine, and coastal environment, and stated that the regional evaluation of the geologic hazards presented in the DEIS is of insufficient scope to insure the protection of the human, marine and coastal environment. Jody Giannini, representing the Morro Bay Commercial Fisherman's Association, stated that the majority of the problems the fishermen are currently facing with Lease Sale 53, are due to the inaccurate information the oil companies receive regarding the fishing industry. Mr. Giannini stated that with Lease Sale 73, the lack of information is also presenting.a problem, and noted that the Mineral Management Service did not have current information regarding fishing data, and have not taken into consideration the cumulative impact of Lease Sale 53, along with Lease Sale 73. Mr. Giannini felt that many of the current problems being created for the commercial fishing industry are due to the Mineral Management Services lack of information on commercial fisheries, because they are using 1975 and 1976 landing data but they are using up to date oil figures. Mr. Giannini referred to page 224 of the DEIS regarding the impact to commercial fisheries, and stated that the economic loss of up to 10% of income are expected. Mr. Giannini noted that this is not an insignficant loss and questioned the oil companies feelings about a 10% loss in their income. He felt that the attention given the commercial fishing industry in the DEIS is a sham, and that their problems and needs were not addressed. Mr. Giannini noted that Morro Bay is. very dependent upon the commercial fishing industry and commented that many areas such as Santa Barbara h ave all but lost their commercial fishing fleet due to offshore oil d rilling. Mayor Shelton commented that without adequate information within the DEIS, the true impacts on the commercial fishing fleet cannot be ascertained. Daniel Henry, stated that as a commercial fisherman, hehad been all but put out of business in the Santa Barbara areas due to the oil platforms in what had previously been an excellent area for thresher sharks. Mr. Henry noted that in trying to work this area, his nets h ad been run over by research vessels twice, and with the increase in the number of derricks, he was no longer able to work this area. David Nagle, a geologist from Santa Cruz, stated that the DEIS report recommended that additional surveys and. field work should be done before geo-hazards in the area can be evaluated. Mr. Nagle felt it was irresponsible to go ahead with any type of lease until these types of field work and surveys are completed MORRO BAY CITY COUNCIL Adjourned Meeting - April 11, 1983 P ublic Hearing - OCS Lease Sale 73 P age Seven Frank Bear. addressed the issue of air pollution resulting from offshore o il drilling. Mr. Bear stated that acknowledging all other important impacts to aesthetics, marine life, oil spills, fishing industry, loss o f jobs, and tourism, he felt that air pollution was an imminent threat to health and quality of life. Mr. Bear noted that air pollution was insiduous and develops slowly and is not readily noticed until it is already a problem, and felt it alone was a sufficient reason for a moratorium on offshore oil drilling. He noted that the Central Coast area has an extremely low inversion layer and is especially vulnerable to photochemical smog, acid fog and other kinds of air pollution. Mr. Bear noted that offshore air pollution sources include the diesel and gasoline engines that power the drilling equipment platform construction equipment, electric generators, seismic supply and crew boats, and tankers which produce hydro -carbons, and other pollutants. Mr. Bear reveiwed the source of pollutants, their effect on the air q uality, and the comments and mitigation measures proposed by the DEIS. Mr. Bear stated that offshore air quality is solely the responsibility o f the Department of the Interior, which has a three step system for ✓ egulation of air qualities is faulty in at least two major ways. in that in rests on some major assumptions and it legitimatizes the d eterioration of air quality in clean air areas to the level set by the standards for all areas. One major assumption is that pollutants g enerated offshore are substantially dispersed and dilluted prior to ✓ eaching shore Mr. Bear noted that this is not true,. as photochemical smog is a result of offshore pollutants. He noted also that the more stringent California regulations proposed earlier and not included in this lease sale DEIS, neither are moving sources covered, such as supply boats. If law allows marginal air quality, given fully effective e nforcement what actual air quality can we expect in view of the often e ncountered to relax maintenance and evade regulations. Mr Bear stated that offshore oil drilling must be delayed until the technology exists and is enforced to assure clean air. Don Bailey, stated that he was concerned with was not present in the DEIS, the ommissions in the rationale, the lack of internal consistency in the report and the absence of any analysis of the cumulative impact o f the lease sale with previous lease sales. Mr. Bailey noted that the report contradicts its predicted impact in several areas, including the sea otter, the Morro Bay estuary, and the potential for oil spills. Mr. Bailey noted that the proposed method of mitigating an oil spill as mentioned in the DEIS, is not effective in the type of seas that are present along the coast. He stated that the U.S. Coast Guard feels that the booms used to contain oil spills are not effective in current o f more than 1-1/2 knots, and waves more than 4 feet, or high winds. Mr. Bailey noted that although predictions regarding super tanker accidents were optomistic, and assured the public that spills would be ✓ are, there were in fact 6 major super tanker accidents spilling millions o f gallons of crude oil. Mr. Bailey felt that this exploitation cannot continue. He also noted that the sale was not sound economics and u rged Council to do everything possible to stop the sale. MORRO BAY CITY COUNCIL Adjourned Meeting - April 11, 1983 P ublic Hearing - OCS Lease Sale 73 P age Eight Cindy Huber was concerned that the lifestyle and beauty of the coast was in danger, and compared the Morro Coast with the beauty of the L aguna Beach area 50 years ago and noted that once the natural resources and beauty were lost, they could not be regained. Ms. Huber commented . o n the nature of the oil companies, and felt that they were not concerned with the 'little guy" or the scenic beauty and resources of the coast, o nly with the money to be made from the small amount of oil. Carol Fulton, representing Friends of the Sea Otter, complimented the San Luis Obispo County Planning Department for their excellent repre- sentation of the County in this Lease Sale effort and in the effort to o ppose Lease Sale 53 Ms. Fulton stated that it would most appropriate to delay the sale until the impacts from Lease Sale 53 could be mitigated. S he stated that there the last census of the sea otter found only 1 194 adult sea otters left, and noted that the greatest threat to the California sea otter is offshore oil development. Ms. Fulton explained that not only h as the sea otter population not grown for a decade, there has been no ✓ ange expansion to the north since 1977, and no range expansion to the south for the first time in nine years. She stated that the entire ✓ ange of the sea otter, from Shell Beach to Santa Cruz, is now proposed for offshore oil development, and noted that the otter is the most ✓ ulnerable to oil of any marine mammal because of its reliance upon its fur coat and not blubber, to protectit from the cold. She related a tanker spill off the coast of the Soviet Union in which 100 otters died. Ms. Fultonalso noted that the use of disperants to combat an oil spill would be even more determental to the otters than oil because the dispersants are a wetting agent, and felt that the use of dispersants should be prohibited within the sea otter range. Ms. Fulton noted that Secretary of Interior Watt, who has the responsibility for protecting the sea otter, well knows the danger offshore oil poses to the animal while his own Fish and Wildlife services has predicted 100% mortality for sea otters contaminated by oil, and if Lease Sale 73 proceeds even in its temporarily abreviated state of no further north than Morro Bay 50% of the population could be impacted by a spill in this area yet there is no sea otter protection altenative in the DEIS. She related that the oil industry, in a serious effort to open up to coast to offshore oil, has pressed to have the sea otter removed from the threatened list altogether Ms. Fulton stated that in order to insure that the sea otter has a fighting chance to survive, this lease sale must be stopped. Ms. Fulton related the potential for the spread of an oil spill within the Lease Sale 73 area to northern and southern areas and noted that there will be increased tanker traffic north to San Francisco. She also warned of State Tidelands sale if the Lease Sale 73 goes through, within the three mile limit. Ms. Fulton urged the City to protect the Coastal Commission, and assist Congressman P anetta and Senator Cranston in their efforts to stop the offshore oil d rilling north of Pismo Beach, and to support their legislation HR2059 which would place a moratorium on offshore drilling north to the Oregon border. MORRO BAY CITY COUNCIL Adjourned Meeting - April 11, 1983 P ublic Hearing -_OCS Lease_ Sale 73 P age Nine Bob Ward agreed with the concerns expressed and was especially concerned with the potential for air pollution.. Mr. Ward compared the air quality of the Oxnard and Ojai Valley area with the possibility for this area, and noted that the air quality in those areas is in the n eighborhood of 140 times worse than minimum federal standards, and the increase in pollution during the last five years is directly attributable to the offshore oil drilling. Mr Ward also suggested that those were planning on attending the meeting in Santa Maria demand that the meetings be combined, as the attempt to lessen the impact of this hearing should n ot be tolerated. Joe Giannini spoke regarding his concern over the lack of information concerning the fishing industry contained in the DEIS. Mr. Giannini stated that the oil companies had started exploratory drilling in the area, in secret, approximately 18 years ago, with no one in the media o r public aware that this was going on. Mr. Giannini noted that most o f the commercial fishing boats from Santa Barbara have relocated, and was concerned over the fact that need for oil has blinded people to o ther more important needs such as food, air and water. He stated that those small "insignificant" spills and leakages and equally important in that there cumulative impact on the environment is equally great. Mr. Giannini urged the citizens to combine their efforts to fight the L ease Sale 73. N ancy Bast, favored the preservation of the unexcelled beauty and high q uality of life that is enjoyed along this section of the coast. She ✓ eminded Council that the nearshore waters off the southern half of the County were excluded from the last lease sale (53) because of an acknowledged delicacy of the environment and was in keeping with the Department of Commerce recommendations for a protective buffer zone. These waters were added to this sale at the last moment after the lame duck session of Congress would have been able to protect it. It set the tone for the depreciated and davalier treatment given these areas at every phase of leasing procedure and on every page of an impact statement that one might mistake for an oil company document. Ms. Bast stated that the most commonly made remarks by residents and tourists were regarding the beauty of the coast, the clean air, and the best lifestyle. She stated that if Lease Sale 73 is approved, conditions would most certainly be created that residents and visitors have come here to escape. She described the beautiful view available from Morro Bay north to Point Ostero and Cayucos, and to the south to Point Buchon and prominent Valencia Peak. In this same range, if Lease Sale 73 is approved, one would be able to see a 40 story drilling platform and its attendant bouys, boats, and exhaust. She spoke of the impact of the air pollution which accompanies the drilling rigs, and of the view of a multitude of platforms on a horizon that is visible from most of the town. Ms. Bast also felt that the State would be pushed into opening up areas within the Tidelands for oil lease sales. She stated that in this area over 70% of the public is overwhelmingly opposed to offshore oil drilling along the Central Coast. MORRO BAY CITY COUNCIL Adjourned Meeting - April 11, 1983 P ublic Hearing -OCS Lease Sale 73 P age Ten N elson Sullivan stated that in gathering petitions objecting to the o ffshore oil drilling, he too reflected a..90%.or greater opposition to this proposal. He stated that in reading over the testimony from the Santa Barbara symposium called two years after the Union Oil blowout, it made for very sad reading. _According to one official the o nly alternative to drilling in the Santa Barbara channel would be to buy back the leases at a cost of $2-3 billion dollars. He also noted that no insurance company would touch liability policy for an offshore o il well. He felt that although no good would. probably. come from the public hearing in Santa Maria,. a public show of. concern should be made by attendance at the hearing to perhaps put pressure on the Department for an oil moratorium. Jane VonKeogh felt that the community should get behind this to o ppose the offshore oil drilling, and not lie, down and play dead. Ms.. VonKeogh noted that in comparison to Atascadero State Beach, Refugio State Beach is covered in oil globules to this day, which must be washed off after a walk on the beach. Jerry Belair spoke regarding the Department of Interiors action to limit public comment, and discussed procedural difficulties. Mx. Belair reviewed the facts that no public scoping was allowed, and a limited comment period was set. Mr.. Belair noted that the format for the one public hearing set was now similar to that of a "three ✓ ing circus" with the crowd diffused into three different rooms. Mr. Belair commented that the 10% loss of income projected for the commercial fishing industry should not be tolerated, and hoped that by going through the processes, this could be mitigated. He noted that the projected insignificant or low loss to sea otters could n ot be accurate, as 50-100% of the sea otter population is located and concentrated between Cayucos and Piedras Blancas according to the DEIS. If an oil spill were to occur during the winter months, with the Davis current moving north, there could be a significant impact, an impact that would question whether the integrity of the sea otter would continue beyond that point. Mr. Belair noted that according to the DEIS the chemical dispersants are sometimes applied to an oil spill because the dispersants are 'no more toxic" than the oil itself. However this fails to mention the additive effect o f the two toxins, oil and the dispersant, or the possible synergistic e ffect of the two toxins. Mr. Belair noted that in the DEIS, the dollar value of tourism and recreation in San Luis Obispo County was $58,000,000 compared to $20,000,000 in Santa Barbara. Basically, the tourist industry is worth three times the amount the tourist industry in Santa Barbara, and this might be due to the offshore o il and subsequent impacts on that community. Mayor Shelton stated that the Council would summarize and adopt findings after the conclusion of the public hearing. There were several questions from the Council and audience regarding the hearing procedures and transmittal of testimony to the meeting., MORRO BAY CITY COUNCIL Adjourned Meeting - April 11, 1983 Public.Hearing - OCS Lease Sale 73 Page Eleven Mr. DeCarli stated that he would urge the public to submitwritten comments both to Gordon Duffy, Michael Fisher, and Richard Charter. Councilmember Lemons asked the status of the State's lawsuit against James Watt. Mr. DeCarli stated that Mr. Watt has appealed to the Supreme Court, which will decide to hear the case or uphold the decision of the lower courts. Mayor Shelton suggested that this meeting adjourn to the regularly scheduled meeting at 7:30 at which time the hearing would be concluded and the City's position summarized. MOTION: Mayor Shelton moved that the meeting be adjourned to the regularly scheduled meeting at 7:30 p.m. The motion was seconded by Councilmember Zeuschner and carried unanimously. (5-0) RESPECTFULLY SUBMITTED, PEGGY BUCHANAN DEPUTY CITY CLERK FINDINGS OF THE MORRO BAY CITY COUNCIL On Aprilll, 1983, the City Council of the City of Morro Bay, after conducting a Public Hearing on this matter, did unanimously adopt the following findings regarding the Draft Environmental Impact Statement (DEIS) prepared for proposed Lease Sale No. 73. FINDINGS: Offshore oil exploration and development activities could result in significant adverse impacts to local communities in this region, including Morro Bay, which should be properly assessed before decisions are made to lease tracts in the Outer Continental Shelf. The following are inadequacies with the DEIS which are especially relevant to Morro Bay: 1. Insufficient opportunity for public review and comment. The Department of Interior's decision to reduce the usual 60-day ✓ eview period for the DEIS to 45 days, and to conduct only one public hearing for the DEIS, in Santa Maria, a non -coastal city o ver an hour distance from Morro Bay, affords inadequate o pportunity for public review and comment on this proposal. In light of the potentially significant adverse impacts on specific coastal communities of the proposed sale and subsequent activities, the Department of Interior should increase o pportunities for public input to the lease -sale process by e xtending the public comment period and by holding additional hearings in the coastal cities most likely to be affected by o ffshore activities. 2. Inappropriate scope of analysis. The DEIS frequently employs a regional perspective in asessing the degree or severity of likely impacts. This approach does not ✓ ecognize nor adequately evaluate potential for highly adverse impacts on individual communities. This is especially true in n orthern San Luis Obispo County where coastal communities are dispersed geographically with relatively independent economies. This kind of local analysis is specifically relevant in properly assessing potential impacts on commercial fishing, recreation, tourism, other elements of local economies, population (demographics) and public servicves. 3. Inadequate analysis of potentially severe impacts on numerous resources in the Morro Bay harbor and estuary. The DEIS recognizes that booming may frequently be ineffective in protecting Morro Bay in case of a large oil spill due to the width of the entrance, force of tidal currents and frequent wave action near the harbor mouth. The DEIS further notes that 1 impacts on resources is related to the time oil is retained in an area and that retention time increases in places like Morro Bay h arbor and estuary where wave energy is low and clean-up d ifficult. The DEIS cites a study on page 4-173 estimating that o il retention could be over one year in Morro Bay. These data seem incongruous with the assessment of the severity of impacts also contained in the DEIS. For example, the DEIS concludes that likely impacts on commercial shellfisheries within Morro Bay would extend only one month in the case of a severe spill e ntering the Bay. The DEIS underestimates the severity of potential impacts on the commercial fishing fleet, tourism, ✓ ecreation and biological resources, such as water fowl, wetlands h abitats and endangereed species, located in Morro Bay. 4. Inadequate analysis of the risks from oil spills relative to the high biological value of the Morro Bay estuary. The DEIS does not fully discuss or analyze the importance of the Morro Bay estuary in terms of the number of bird species and concentration of individuals. Evidence of this value is the annual winter bird count which places Morro Bay among the locations with the greatest variety of species, including several e ndangered types, in the country. Furthermore, the DEIS fails to ✓ ecognize and fully discuss Morro Bay's nomination as a possible National Marine Sanctuary. 5. Inadequate analysis of impacts on local public facility system, notably water delivery serevices. The DEIS notes that offshore activities could require significant ✓ olumes of fresh water. The DEIS does not adequately analyze or assess the potential impacts on local water delivery systems. In Morro Bay, for example, new construction was halted for several years and is still constrained by inadequate water supplies. The DEIS should include analysis of impacts to specific local public facility (especially water) systems and assess cumulative impacts o n such systems that would result from localized population growth and offshore production needs. 6. Inadequate analysis of potential secondary impacts resulting from leasing State Tidelands. Production from federal OCS tracts near the 3-mile boundary which separates federal and state jurisdiction, increases pressure on the state to lease nearshore areas for oil development. The placement of facilities so close to the shoreline would increase the threat to Morro Bay by reducing the time available to contain a spill should one occur. These secondary impacts should be discussed and included in the assessment of the severity of potential adverse effects. 2 7. DEIS should conclude that Alternative No. II is preferable relative to the project as proposed (Alternative No. 1). Other additional alternatives should be included in the DEIS. The evidence contained in the DEIS argues that Alternative No. II, deletion of tracts closest to Morro Bay, poses significantly lower environmental risk while insignificantly reducing the potential for recovering energy resources and is therefore a superior option. Furthermore, the DEIS does not evaluate other reasonable environmentally less damaging alternatives to the proposed action. The County and Cities Area Planning and Coordinating Council Report dated April 8, 1983 (and attached hereto), proposes several such alternatives, including deletion of all tracts north of Pismo Beach and of nearshore tracts near San Luis Obispo Bay, Pismo Beach and the Santa Maria river mouth. The DEIS should evaluate these alternatives. 3