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HomeMy WebLinkAboutMinutes 082594 - Joint Mtng Approved as Submitted Meeting Date: 09/27/94 JOINT CITY COUNCIL MEETING CITIES OF EL PASO de ROBLES AND ATASCADERO AUGUST 25, 1994 MINUTES Atascadero Mayor Dave Bewley called the meeting to order at 7:04 p.m. Paso Robles Mayor Walt Macklin led the Pledge of Allegiance. Paso Robles City Councilman Duane Picanco led the invocation. ROLL CALL: Present: Atascadero City Councilmembers Carden, Highland, Johnson, Luna and Mayor Bewley Paso Robles City Councilmembers Picanco, Martin, Heggarty and Mayor Macklin Absent: Paso Robles City Councilman Chris Iversen Also Present: Muriel "Micki" Korba, Atascadero City Treasurer and Lee Price, Atascadero City Clerk Atascadero City Staff Present: Andy Takata, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Brady Cherry, Director of Community Services and Brad Whitty, Finance Director Paso Robles City Staff Present: Jim App, Assistant City Manager; John McCarthy, Public Works Director; Mike Compton, Director of Administrative Services and Bob Lata, Director of Community Development Joint Cities 8/25/94 Page 1 CITY COUNCIL COMMENTS: Mayor Macklin provided the introduction and presented an overview. He explained how the joint meeting was called and why the three topics selected were chosen for study. Mayor Bewley also expressed words of welcome and appreciation to the City of Paso Robles. Councilman Luna shared concern over the fact that one-third of the North County area was not being represented and yet had every right to be. He made the following motion: MOTION: By Councilman Luna to include [County Board of] Supervisors [David] Blakely and [Harry] Ovitt to participate in the discussions this evening. The motion failed for lack of second. COMMUNITY FORUM: Rush Kolemaine, P.O. Box 1990 in Atascadero, suggested that future joint cities agendas include topics like tourism and tourist promotion. Eric Greening, 7365 Valle in Atascadero, mentioned that he was disappointed that there had not been a second to Councilmember Luna's motion. He noted that the issues on the agenda affect all areas in the North County and encouraged the councils to include the Board of Supervisors. Councilman Picanco explained that he had not seconded Councilmember Luna's motion because the meeting is preliminary in nature. He suggested that if the two councils agreed to including the Supervisors Blakely and Ovitt, then they must also include representatives from the Templeton Community Services District, Creston, Shandon, San Miguel and others. He clarified that he did not object to future participation by others. Councilman Heggarty added that it is difficult to get all parties together at one time. Bill Engles, President of the Templeton Community Services District, commented that while he had not expected to be invited to the forum, he was nevertheless disappointed that there had not been a second to Councilmember Luna's motion to include Supervisors Blakely and Ovitt. PURPOSE OF THE JOINT MEETING: The City Councils of the Cities of EI Paso de Robles and Atascadero met in a joint session to discuss Economic Development in the North County, Solid Waste Issues Joint Cities 8/25/94 Page 2 & Planning and the Proposed Expansion of Salinas River Dam. MEETING HIGHLIGHTS: 1. ECONOMIC DEVELOPMENT IN THE NORTH COUNTY Henry Engen, Atascadero Community Development Director, reported that the City's Economic Round Table, formed to advise the City Council on economic development policy, supports the concept of an economic forum in the North County for the purpose of exploring areas of mutual concern to the two cities. Councilmember Martin agreed with this recommendation and suggested that the cities form a regional economic management team. Councilman Johnson concurred but added that the economic interests of the entire North County must be considered. Mayor Macklin mentioned some successful projects in the City of Paso Robles and encouraged more regional efforts to entice business. He spoke in favor of putting together a committee to explore the issues. Public Comments: David Blakely, County Board of Supervisor (District #5), remarked that economic development is a regional issue and requires a regional approach. He noted that programs relating to business retention and enhancement are already being organized by the County Economic Advisory Committee. Supervisor Blakely also mentioned that the County has acquired Community Development Block Grant funding for economic development. These funds, he concluded, are earmarked for conducting a survey and providing start-up monies and urged use of the Advisory Committee's resources and planning on a regional basis. Harry Ovitt, County Board of Supervisor (District #1) urged the cities not to ignore the North County agricultural industries because they are the basis for economic stimulus. He encouraged the cities to consider other venues and look at the needs of the entire North County. He mentioned that he has been the County representative on the Economic Advisory Committee and suggested that the councilmembers review the documents that have already been prepared. In closing, Supervisor Ovitt emphasized that cooperative efforts are necessary to achieve the main goals of economic development: Job retention and business enhancement. Patrick J. Mackie, 2940 Union Road in Paso Robles, noted that past efforts to consolidate animal regulation efforts in the North County failed because of inadequate planning. He spoke in support of a regional effort for economic development and urged good planning to make it successful. Joint Cities 8/25/94 Page 3 Mary Whittlesey, San Luis Obispo County Solid Waste Coordinator, commented that recycling programs and the coordination of recycling market development zones provide an important link to economic development. She encouraged members of the City Councils to contact her for more information. Eric Greening, 7365 Valle in Atascadero, advocated business retention and tourism promotion. He emphasized the importance of promoting the arts and local cultural events. Regina Foster, Paso Robles resident, spoke out against proposed plans for drag racing near the Paso Robles Airport. She asserted that this kind of activity should not be conducted so close to a residential area and expressed concern for noise and air pollution. Lindsay Hampton, 8402 Alta Vista in Atascadero, announced that on September 18, 1994 at 7:00 p.m., the Atascadero Land Preservation Society was sponsoring "A Night with the Marx Bros.", a benefit fund-raiser for the acquisition of Stadium Park in Atascadero. She mentioned she had tickets. Allan Weaver, 11190 Santa Lucia Road in Atascadero, remarked that economic development is certainly needed in the North County. ---End of Public Testimony--- Councilmember Luna recommended that the economic committees representing both cities meet with the County Economic Advisory Committee in a cooperative effort to formulate specific ideas for enhancing the economic climate in the North County. Councilmember Martin declared that there is no political entity representing the North County and spoke favorably for creating such a body. Councilmember Highland agreed suggesting that a group be formed representing incorporated cities, unincorporated areas north of the Grade(including the Templeton Community Services District, Creston, Shandon and San Miguel), representatives from County supervisorial districts and local advisory committees for each of the subjects discussed. Councilmember Martin proposed the adoption, by both cities, of a resolution of intent to pursue the formation of a North County organization to address issues of common interest. Councilmember Highland asked if this resolution would include a provision adding the North County representatives on the Board of Supervisors. Councilmember Martin answered affirmatively. Councilmember Picanco commented that the discussion was deviating from the Joint Cities 8/25/94 Page 4 agenda and mentioned that there were other topics yet to study. Councilman Luna agreed and suggested that focus be on any direction that might be given to such an advisory body, if so formed. Councilmember Heggarty spoke in favor of collective confrontation on the issues and asserted that united efforts will enhance the total North County. Councilmember Luna contended that first it must be determined just where the two councils are coming from on the issues. 2. SOLID WASTE ISSUES AND PLANNING John McCarthy, Public Works Director for the City of Paso Robles, provided pertinent background on local landfill issues. Councilmember Luna commented that he was concerned with negative impacts on the City of Atascadero (environmental, economic and traffic) as a result of the hauling of trash from outside the County to Chicago Grade Landfill. Councilmember Picanco noted that there had not been any complaints by the City of Paso Robles or by the County of San Luis Obispo when San Miguel Garbage Company was hauling their trash to Chicago Grade Landfill. Mayor Bewley proclaimed that if Wil-Mar Disposal continues to take trash to Paso Robles, the City of Atascadero should have an agreement with the City of Paso Robles to establish rates and provide fee protection for Atascadero citizens. Mayor Macklin remarked that residential and commercial rate schedules are derived from cost-accounting and noted that rates will be different for each city. He suggested that the Atascadero City Council work with the waste hauler to pass through savings resulting from Wil-Mar's decision to take the garbage to Paso Robles. Councilmember Highland asserted that he is firmly against government-operated entities competing with private enterprise. Councilmember Carden also suggested that a joint powers agreement be prepared specifying that rates will be reviewed and fees will not be raised without the City of Atascadero's input. He noted that he was opposed to using tax payers dollars to make a profit. Councilmember Johnson explained that the City of Atascadero cannot direct Wil-Mar Disposal where to take the City's trash. He inquired about the capacity of both landfills and expressed concern about what liability the City of Atascadero may have in the [eventual] closing costs of the Chicago Grade Landfill. Joint Cities 8/25/94 Page 5 John McCarthy summarized factors associated with the Paso Robles Landfill (including recycling rate, compaction rate and equipment). Mike Compton provided information relating to the long-term capacity and replacement of the Paso Robles Landfill. He noted that the City of Paso Robles has set aside funding for State-approved closure (and post-closure), as well as has plans to expand the current site and acquire property for another site. Mr. McCarthy stated that the financial records are open for public purview and reported that fees are among the lowest in the State. Councilmember Martin remarked that Atascadero certainly has a viable concern and there is a need to have a long-term agreement in place providing for a fair rate structure. Councilmember Highland indicated that any agreement drafted should prohibit a city from withdrawing. Councilmember Heggarty remarked that he could support a joint powers agreement and provided background about why the City of Paso Robles has not signed on with the County/Cities' Joint Powers Agreement for solid waste. He explained that the Paso Robles City Council was looking to protect its' city and had made an economic decision in order to meet state mandates for waste reduction. He urged Atascadero to research thoroughly the possible closure of the Chicago Grade Landfill. Mayor Bewley called for a 10-minute break. Public Comments: Chuck Pritchard, 9765 Carrisa Hwy in Carrisa Plains, reported that he was a member off the Executive Committee of the Resource Conservation & Development (RCD) Association (encompassing five counties). He spoke in favor of reducing the solid waste by recycling construction lumber, trees, branches, paper and cloth and not putting these items into the landfill. He noted that the RCD meets quarterly and addresses issues relating to eliminating waste, recycling and economic development. He encouraged those interested to contact him for more information. Supervisor David Blakely, Santa Margarita resident, invited all to the Days of the Dons on September 17, 1994. He noted that he was concerned about the future of the Chicago Grade Landfill and stated that it would be a shame to lose such an important resource. Supervisor Blakely mentioned that it has become almost impossible to site new landfill areas. He also explained that he was concerned about the cities consolidation of waste and a guarantee that there would not only be short-term savings, but long-term savings as well. Long term savings, he continued, are somewhat diminished if there is not competition from another landfill. He commented Joint Cities 8/25/94 Page 6 that he hoped that if the City of Paso Robles sees a profit at the landfill and subsequently subsidizes other City programs with those profits, that it will also return some of those profits to the City of Atascadero to do the same. In addition, Supervisor Blakely indicated that it would be appropriate for a resolution as proposed by Councilmember Martin to be adequately reviewed by the public before it is adopted. He also requested that the residents in the unincorporated areas of the North County be represented by the inclusion of their elected supervisors. He pledged his support to both cities to help resolve some of the solid waste issues and indicated that he hoped that both cities would join the countywide joint powers authority to deal with solid waste issues on a countywide basis. Supervisor Blakely continued by saying that if the cities decline to do so, he recommends a joint powers authority between the two cities that includes representatives from the Board of Supervisors. Patricia Johnson, owner Chicago Grade Landfill, commented that she was distressed about some of the information that has been released by the City of Paso Robles regarding its' landfill. She asked, "How can Paso Robles take care of trash cheaper than anyone else?" Pat Mackie, 2940 Union Road in Paso Robles, questioned the legality of Atascadero and Paso Robles entering into an joint powers agreement regarding solid waste separately from the countywide JPA. He recommended that both cities take a time out and resolve the issues it has with the County. He asserted that, meanwhile, Paso Robles should stop collecting the $3.00 tipping fee and return it to the residents. Don Crainer, Paso Robles resident (east, just off Highway 46), stated that he knew the landfill was there when he bought his property (1/2 mile from landfill) but noted that it has grown. He invited members of both city councils to come see the view he now has from his home. Ron DeCarli, Executive Director the San Luis Obispo Council of Governments (COG), provided an overview of the regional effort to form a countywide consolidated waste management program. He reported that COG is recommending that Atascadero and Paso Robles join the countywide JPA, but stated that if the two cities are not comfortable in doing so, it has been recommended that the cities enter into a memorandum of agreement with the County Integrated Waste Management Authority to address public education, household hazardous waste and other countywide programs. He also noted that COG proposes that if a new authority is created, that input be received from all entities and fees for the North County go to the authority to address the tipping fee conflict. Shirley Crainer (wife of Don) mentioned the increases in dumping costs over the years and asked what kind of controls the City of Paso Robles has implanted to know Joint Cities 8/25/94 Page 7 what's being brought into the landfill. Regina Foster, Paso Robles resident, stated she did not understand why Atascadero is closing the Chicago Grade Landfill and wondered why both cities can't have their own dump. Ron DeCarli, speaking again briefly offered COG staff assistance with any advisory committee that's put together to address this issue. Supervisor Blakely cautioned both cities that environmental safeguards to protect the health and safety of the public must be met by both the privately-owned and the publicly-owned landfill. Mayor Macklin inquired about how set-aside funds are safeguarded against poor investments. Supervisor Blakely deferred to Gere Sibbach, County Auditor-Controller. Mr. Sibbach reported that closure trust funds are placed with a trustee (bank). Mrs. Johnson (Chicago Grade Landfill) confirmed that she has a written agreement with Santa Barbara Bank & Trust. Monies set aside by the previous owner, Sanifill, were placed into that trust fund. Mr. Sibbach indicated that his role is to monitor and analyze the rates charged. He offered the services of his office to the Councils. ---End of Public Testimony--- Discussion ensued regarding the status of Paso Robles' reluctance to enter into the countywide JPA for solid waste management. Councilman Luna expressed concern that there may be duplication of efforts. Councilmember Martin indicated that their staff had a difficult time negotiating changes in the proposed language of the JPA and the Council felt it was being dictated to by the County. Mayor Macklin advised that the City of Paso Robles has not rejected the whole plan or its' concept and noted that it may indeed be cheaper to go with the JPA for certain reasons. Councilmember Johnson stated that he, too, would hate to see double work and mentioned that he would like to be apprised of what exactly the impact will be to the North County with regard to the JPA, associated costs, projected staffing, etc. Supervisor Ovitt remarked that he served as chairman of the Solid Waste Task Force and Committee and reported that many hours have been spent drafting the JPA. He stated that the advisory groups considered all jurisdictions, including the fact that Paso Robles has their own landfill. The rate structure, he noted, was part of the presentation and committee members have bent over backwards to protect individual communities. Supervisor Ovitt concluded by recommending that the City of Paso Robles re-review and consider the countywide solid waste management JPA. Joint Cities 8/25/94 Page 8 Mayor Bewley reiterated that the City of Atascadero has no control over where Wil- Mar Disposal takes the city's garbage. He asserted that Atascadero's City Council must protect its' citizens and urged the creation of an agreement with Paso Robles to establish rates. Mayor Bewley added that Atascadero's City Council does not have any problem with the proposed countywide JPA and mentioned that he would like to see Paso Robles meet with the county again in an effort to resolve the issue. If this cannot be done, he added, then he would support a joint effort between the two North County cities. Responding to an earlier comment from the public, Mayor Bewley reported that the Atascadero City Council is not closing the Chicago Grade Landfill. Councilmember Luna asked Andy Takata for information regarding the City of Atascadero's contract with Wil-Mar Disposal. Mr. Takata noted that the contract will not be up for renewal for five years and confirmed that although the City Council can inform Wil-Mar of its' preference, the City cannot dictate where the trash hauler takes the garbage. Councilmember Luna stated that he supported Mayor Bewley's suggestion that Paso Robles first attempt to work out an agreement with COG regarding the countywide JPA and secondly to direct staff at both cities to get together and work out a mutual agreement. Councilmember Picanco commented that he did not object to reconsidering the countywide JPA, but was not sure if it would do any good. 3. PROPOSED EXPANSION OF THE SALINAS RIVER DAM John McCarthy outlined background issues relating to the Salinas Dam Project. Councilmember Highland protested the plan commenting that it was the ultimate in hypocrisy for the City of San Luis Obispo to diligently protect trees in its' city limits but propose a project that destroys thousands of trees in the North County. Councilmember Luna agreed and stated that he opposed the raising of the Salinas Dam. Councilmember Picanco suggested that this topic warrants the participation from San Miguel and Templeton and proposed that further joint discussions should be planned to receive input from other North County jurisdictions. Councilmember Martin recommended that each council move forward by putting their position on the record. Councilmember Johnson agreed and pointed out that the Atascadero Mutual Water Company opposes the project as proposed. He stated that Joint Cities 8/25/94 Page 9 he cannot support the project if the Water Company objects. John McCarthy confirmed that Ken Weathers of the Atascadero Mutual Water Company has already forwarded the Board of Director's written opposition to the Board of Supervisors. Ken Weathers, Atascadero Mutual Water Company, reported that the Board of Directors position is to support efficient use of water as long as it does not affect Atascadero's water source. The Board, he continued, opposes the Salinas River Dam Expansion Project because it impacts the water supply and clarified that it is on this point only that it objects and not because of other environmental impacts. Councilmember Carden expressed concern for the seismic safety of the dam and was distressed about the engineering plans. He said believes the expansion will directly impact the residents. Public Comments: Chuck Pritchard spoke representing the Upper Salinas/Las Tablas Resource RCD and the Salinas River Coordinated Resource Management & Planning (CRMP). He outlined the efforts of the groups and extended an open invitation to attend their meetings. Mr. Pritchard noted that the groups had a number of questions relating to permits, structural security, safety considerations and construction of the dam. He remarked that he was opposed to the destruction of trees and immediate riparian habitat. Eric Greening, 7365 Valle in Atascadero, recommended to councilmembers that they attend the RCD and CRMP meetings and defined the groups as action oriented. He voiced concerns about the environment impact report (EIR) and its' proposed mitigations and mentioned that the missing ingredient seemed to be public information and scrutiny. He urged the councils to prepare and jointly participate in challenging the final certification of the EIR. Joe Kelly, Rancho La Asuncion, spoke in opposition to the project. Gere Sibbach, 8500 Carmelita in Atascadero, called for strong action in opposition to the project and stated that it will do irreparable damage to the environment and recreational opportunities. Pat Mackie of Paso also urged assertive action to oppose. Bill Engles, Templeton Community Services District, shared concerns for public safety and suggested that, if the project goes through, there will need to be a warning system devised to notify down river residents. He expressed opposition to spending County funds to study what may benefit the City of San Luis Obispo. Joint Cities 8/25/94 Page 10 Debbie Sullivan, 6750 York Mountain Road, stated that the EIR is a flawed document and suggested that all concerned read it. Nicholas Ferravanto, 5195 Stockdale Road in Paso Robles, mentioned that he serves on the Citizens Rights Coalition of Paso Robles. He remarked that he was opposed to the project. In addition, he mentioned that he supported coordination of efforts between the two cities. John Moss, Utilities Director of San Luis Obispo, encouraged all to read the EIR carefully and comment upon it. He reported that mitigation measures were being reconsidered as a result of responses to the EIR. Mr. Moss emphasized that there is a benefit to the County-at-large because of the proposed acquisition of over 4,000 acres of County property which includes open space and low-intensity recreation. He then provided other comments in support of the expansion highlighting aspects of the property acquisition agreement and the live-stream agreement. He also reported that an in-depth analysis on water flows is being conducted and that staff is working with the Atascadero Mutual Water Company and other water agencies in this study. Mr. Moss implored all to look at the project on a factual basis and not an emotional one. Mr. Moss then responded to lengthy questions from members of both city councils. Councilmember Picanco asked Mr. Moss what position the City of San Luis Obispo initially took. Mr. Moss reported that staff's recommendation to their council was to slow down, look at all the mitigations pursuant to the National Environmental Protection Act. Councilmember Picanco inquired as to what role the County has. Mr. Moss reported that the County has the same opportunity as others to comment on the EIR. Councilmember Luna asked how the EIR can be certified without specifying mitigations. Mr. Moss reported that a notice of determination would be filed and a public hearing held. Councilmember Luna also inquired about whether or not a transfer agreement was still being pursued with the County. Mr. Moss noted that language was being revised. To Councilmember Heggarty's inquiry, Mr. Moss reported that Nacimiento water is the first source of water for San Luis Obispo and is needed now. He added that Salinas River water is the next needed source. Pete Cagliero, 76362 Vineyard Canyon in San Miguel, proclaimed that as a North County rancher he is violently opposed to the project. He urged a united front in opposition from the North County. Tom Mora, Atascadero farmer (Santa Rita - Jack Creek near Templeton), also voiced strong opposition to the project. Earl Croft, rural Paso Robles resident, congratulated the city councils for meeting together. He indicated that he was also opposed to the proposed expansion project Joint Cities 8/25/94 Page 11 and emphasized the importance of the Salinas River to the North County describing it as the "lifeblood". John Tannehill, 3010 Vineyard Canyon Road in San Miguel, stated that he was a member of the Salinas River CRMP and was opposed to the project. He indicated that he was, however, pessimistic and feels that "its' a done deal". He stressed that it will take a strong and united effort to fight the project. Frank Platz, Atascadero Mutual Water Company Board of Directors, pointed out that the City of San Luis Obispo contends that the live-stream concept will remain but proclaimed that it will affect the City of Atascadero. ---End of Public Testimony--- Councilmember Martin read the proposed resolution of intent to pursue the formation of a North County organization to advise county, state and federal governments and regulatory agencies regarding issues of common interest. He suggested that the resolution be taken back to the individual councils for immediate adoption. Councilmember Luna remarked that he would prefer to know who will be included, what the costs will be and who will host future joint meetings. Mayor Macklin thanked the City of Atascadero for hosting this evening's meeting and announced that Paso Robles would host the next one. Councilmembers Luna and Martin spoke in favor of adopting, by resolution, a joint opposition to the Salinas River project. There was consensus by members of both councils to act on such a resolution as soon as possible and it was suggested that the language be sent to other advisory groups for action, as well. Mayor Bewley extended appreciation to all and adjourned the joint meeting at 11:04 p.m. B. ATASCADERO CITY COUNCIL - CONTINUED PUBLIC HEARING ITEMS At 11 :10 p.m., the Atascadero City Council convened continued public hearings on the following items: 1. RESOLUTION NO. 80-94 - Adopting the Source Reduction & Recycling Element 2. RESOLUTION NO. 81-94 - Adopting the Household Hazardous Waste Element Joint Cities 8/25/94 Page 12 Henry Engen provided the brief staff report and recommendation to approve. MOTION: By Councilmember Carden,seconded by Councilmember Highland, to adopt Resolution Nos. 80-94 and 81-94; motion carried 5:0 by roll call vote. Mayor Bewley adjourned the meeting at 11 :12 p.m. The next meeting of the Atascadero City Council will be Tuesday, August 30, 1994 at 4:30 p.m. for purposes of interviewing candidates for the Planning Commission and conducting a study of the Fiscal Year 1994-95 Budget. MINU S RECORDED AND PREPARED BY: LEE PRICE, City Clerk Joint Cities 8/25/94 Page 13