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Home My WebLink About25-City Attorney CITY' OF- 'SAN BERNAFINO - REQUEST Foe COUNCIL ACTION Da~: August 5, 1993 Subject: Amicus Letter to California Supreme Court Requesting Hearing Issue on Adjudicatory Hearings for Locating Radioactive Waste Disposal Facility in Ward Valley. From: James F. Penman Dept: City Attorney Synopsis of Previous Council action: Resolution No. 93-74; March 22, 1993. t.. .. '?::- Recommended motion: Authorize and direct City Attorney to file Amicus Letter with California Supreme Court requesting Court to hear issue on holding adjudicatory hearings for locating radioactive waste disposal facility in Ward Valley. /~c:: f Signature Contact person: James F. Penman Phone: !:\?I:\I:; Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council No~s: 75-0262 Agenda Item No :25'"" - - - - - CITY 'OF' SAN BERNA.INO - REQUEST Faa COUNCIL ACTION STAFF REPORT The question of whether or not an adjudicatory hearing should be held on the issue of locating a radioactive waste disposal facility in Ward Valley has been submitted to the Supreme Court for decision. Councilman Hernandez has suggested that the Council may want to direct this office to file an Amicus Letter simply asking the Court to hear the matter. We have attached a copy of the July 21, 1993, letter from the Committee to Bridge the Gap discussing this issue, but have not included the extensive attachments to that letter. In March, 1993, by Resolution No. 93-79, the Mayor and Common Council went on record supporting the holding of adjudicatory hearings on this issue. 75-0264 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - . . RESOLUTION NO. 93-79 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING FOR PUBLIC ADJUDICATORY AND FACT FINDING HEARINGS ON THE DEVELOPMENT OF A LOW-LEVEL RADIOACTIVE WASTE FACILITY IN WARD VALLEY WHEREAS, modern technology generates a substantial amount of radioactive waste, and WHEREAS, disposal of such waste is an ongoing problem which must be resolved to provide for such disposal at some pl~ce and in some manner, and WHEREAS, even low-level radioactive waste includes radioactive material which may survive as long as tens of thousands of years, and WHEREAS, exposure to such material can cause long term health and possible reproductive problems, and WHEREAS, a low-level radioactive dump site has been proposed for Ward Valley, California, away :from major population centers, WHEREAS, concerns have been expressed about the proximity of \ the site to the Colorado River which provides drinking water and and recreation to many in the Southwestern United States, and WHEREAS, concerns have also been expressed as to potential dangers posed by the transportation of such waste to the proposed site on highways and freeways throughout Southern California, and WHEREAS, the issue of the disposal of radioactive waste at the site is an emotional matter with much expertise, information and misinformation on both sides, III III : kill [WlIRDVllLL. RES) -1- Marcb 10. 1993 --. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Before a final decision is made on locating the proposed site at Ward Valley, the Mayor and Common Council requests that public adjudicatory and fact finding hearings be held throughout the affected areas and that public input be invited and allowed, so that the final decision may be made with all relevant facts and may be affected providing their input to the with the people who decision makers. III III III III III III III III III III III III III III III III III III III : :1aII(WARDVALL.RES) -2- Marcb 10. 1993 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - . - - . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING FOR PUBLIC ADJUDICATORY AND FACT FINDING HEARINGS ON THE DEVELOPMENT OF A LOW-LEVEL RADIOACTIVE WASTE FACILITY IN WARD VALLEY I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ...~..laT , 1993, by the foilowing vote, to wit: AYES NAYS y y y x x x x day of March Council Members: ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER ~The foregoing resolution of ... ~ ~ --'\,.... 1993 \..,....~:;., ,', , . Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: : kID [Wl\IlDIIl\LL.1IES ] meeting thereof, held on the 22nd ABSTAIN ABSENT /-- LLt~ ~ Ci ty- -Clerk , day -3- March 10. 1993 - - ~ /' COAITTEE TO BRIDGE THE L 1637 BUTLER AVENUE. SUITE 203 LOS ANGELES. CALIFORNIA 90025 (310) 478-0829 21 July 1993 ~j ~.:-: ,_.\ ':4 c:; L.-.l ...,c.... ~ :~~ -~ rv ;::~ w co:;"!:. .....,.., "'- _r- ~ ;e ~:! f.R -n s.... t,,) ~ Councilman Ralph Hernandez Council Office City of San Benwdino 300 North "0" Street San Bernardino, CalifOrnia 92418 Dear Councilman Hernandez: I am writing in regard to an important new development in the fight against the ~sal tP build a radioactive waste disposal facility 19 miles from the Colorado River in Ward Valley, California. ' The California Supreme Coon has been asked to decide if California law requires a formal evidentiaIy hearing on unresolved safety problems with the proposed Ward Valley radioactive waste disposal facility. I understand that you helped lead the successful effort to pass the March 1993 City Council resolution calling for such a hearing. Given the City's interest in this hearing, you may wish to have your City Attorney file an t11IIicw letter with the Supreme Court, urging the court to agree to review the case. ' As you may know, in April 1992. the California Senate Rules Committee reached an agreement with representatives of Governor Pete Wilson on terms for an "adjudciatory" hearing on the proposed radioactive waste facility. (Adjudicatory hearings include discovery, testimony under oath, cross-examination of witnesses, the presentation of evidence, and a formal ruling by an' administrative lawjudge.) The agreement came as a result of negotiations that took place during confmnation hearings for two W1lson appointees overseeing development of the Ward Valley project. In July 1992, proponents of the project filed a lawsuit to block the promised hearing. Recently, a California appellate court ruled that the Senate Rules Committee acted illegally in negotiating the adjudicatory hearing agreement The court also rul~ that an adjudicatory hearing was not required under California law. , ' I have enclosed a copy of the Rules Committee's petition to the SUplcme Court, which includes as an attachment a copy of the appellate court ruling. The Rules Committee describes in detail the serious flaws found in the appellate court ~g. I have also enclosed a copy of an t11IIicw letter our organization recently subinitted to the, court, asking that the court take the case. We're urging other groups and individuals to write ' similar letters. The City of Needles, which is located 23 miles east of Ward Valley, has also written the court (copy enclosed). If the City of San Bernardino decides to send a letter. it will need to go out immediately. The court could make its decision on whether to take the case any time now. @ "lfl...P"".I.....rI""...\,I'."Qc,\,'nlf"l1'1.r . . The letter can be shan and simple, You only need to explain your interest in the case and recommend that the court grant the Rules Committee request for review, The letter should be addressed to: ' Clerlc, Supreme Court of California South Tower, Eighth Floor 303 Second Street San Francisco; California 94107 You' will need to send copies to the attorneys identified in the service list attached to our lener. Note that, for your letter, you will need to add our attorneys to this list: Allison Holdorff Committee to Bridge the Gap 1637 Butler Avenue, Suite 203 Los Angeles, California 90025 Thank you for your continued interest in this issue. Please call if you have questions or need further information. Karl Manheim 1#1 West Olympic Boulevard Los Angeles, California 90015 Sincerely, 'C/-rt ,e: of . Joseph K. Lyou, Ph.D. Executive Director enclosures ," I