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HomeMy WebLinkAbout07/10/1972Roll Call MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO, CALIFORNIA July 10, 1972 - 7:30 P. M. City Hall Present: Emmons Blake, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz Absent: John C. Brown Whale Rock Commission Present: Commissioners Ovesen, R. D. Miller, J. H. Fitzpatrick, and Chairman Schwartz Absent: Commissioners Wilson and D. Miller. City Staff Present: J. H. Fitzpatrick, City Clerk; R. D. Miller, Administrative Officer; A. J. Shaw, Jr., City Attorney; R. D. Young, Building and Planning Director; D. F. Romero, City Engineer; R. A. Paul, Water Services Director. Mayor Schwartz announced that the City Council had invited the members of the Whale Rock Commission to sit in on the discussion of the Diablo Canyon Desalter in order to hear the proposal first -hand, as the Whale ' Rock Project was an integral part of the Desalter Project. 1. Public hearing on the Diablo Canyon Desalter. Mayor Schwartz declared the public hearing open. D. F. Romero, City Engineer, explained that the purpose of the discussion was the request of the County of San Luis Obispo for the City of San -LUis Obispo to officially endorse the proposed construction of the Diablo Canyon Desalting Plant. He briefly described what was proposed by the State and Federal' Governments in construction of the Desalinization Plant on the coast of San Luis Obispo County. (See (1) Feasibility Report "Diablo Canyon Desalting Plant" by the State of California, Resources Agency, Department of Water Resources and the U. S. Department of the Interior, Office de Saline Water; and (2) draft "Environmental Statement on the proposed Diablo Canyon Desalting Project" see File No. F 814) Clint Milne, County Engineer, for Water Projects, reviewed construction details of the proposed Diablo Desalter Project. Roger R. Lindholm, Diablo Canyon Desalinization Plant, Project Engineer, explained what the State and Federal Governements hoped to develop through the Diablo Canyon Project. He explained that the plant would be using proven technoloby in order to be able to provide a reliable water supply. He continued that the plant's development was more like a research and development operation them an experiment since the State is certain it will work adequately. He concluded that this project was the next logical step in the development of large scale desalting project technology. He said the plant was to be built to show the economics of desalting. (See Roger R. Lindholm's statement on Diablo Canyon Desalting Project in File No. F 814) City Council Minutes July 10, 1972 Page 2 Mrs. Joan Rich, President of the League of Women Voters, presented a position paper by the League of Women Voters, opposing the construction of the Desalting Plant at Diablo Canyon. H. Miossi, President of the Santa Lucia Chapter, Sierra Club, stated his organization was also opposed the construction of this plant. Katherine D. Walling, Morro Bay Environmental Association, objected to the construction of the proposed desalter as her organization di,d not not feel that complete studies on its' environmental impact on water, the Coast and ecology had been accomplished. Mrs. Davies, Morro Bay Environmental Group, stated they were opposed to the desalter as they did not feel that complete studies had been made on the environmental impact of the desalter. Susan Bacthaser, South Bay Environmental Group, opposed the desalter as they did not feel that sufficient studies had been made and nothing should be done until these studies have been made. She also felt that the financing plan was poorly conceived and planned. L. Burkett, San Luis Obispo, questioned the need for the plant based on the feasability information submitted in the report. Dorothea P,iebel, San Luis-Obispo, objected to the desalter as she did not feel it was needed, her opinion was that the system proposed by the State was obsolete and impractical. Hal Boyce stated that he was in favor of the desalter as he felt the need for an alternate water supply for the people of San Luis Obispo was an immediate need. Dr. Dennis Hynes, County Conservation Committee, was opposed to the development of the Diablo Canyon Desalter as he stated that his studies did not show a need for supplemental water in the County for the present population, nor for future growth. of the County. The only need for more water was to encourage more rapid growth in the County. R. Willett, Realtor, felt more studies were needed before the plant and its' distribution system were built. Jimmy Jones, Arroyo Grande, stated he was in support of building the desalter for the jobs the construction would provide to the people of San Luis Obispo County. Elmer Mehelschan, Edna Valley farmer, stated that the agriculture industry endorsed the desalter for the great need of water in this County to upgrade San Luis Obispo crops. Peter R. Andre, Attorney and long -time resident of San Luis Obispo County, wrote a letter urging Council support of the development and construction of the desalter as the County needs water for both domestic and agricultural uses. Dr. Jorgenson, San Luis Obispo, was opposed to the desalter on the basis that the development of surplus water in the County would attract more people which caused the problem in the first place. He felt more study should be made on existing water supplies in the County and a way of distributing it to areas of need. Dr. A. B. Caldwell, Paso Robles., questioned the need for the desalter for San Luis Obispo County as there are sufficient water supplies now available in the County, only the adoption of a distribution plan was needed. She also did not feel that water from the desalter would be made avaii.able to agriculture on an economic basis. City Council Minutes July 10, 1972 Page 3 0. R. Davis" was in favor of the desalter for the economy of the County and the jobs it would provide for construction industry. Dr. Richard Kre.isa , Cal Poly Biologist, oppossed the development of the desalter because of the incomplete studies made to date on the impact this desalter would have on the environment of the coast of San Luis Obispo County. He felt that further studies should be made on better use of waste water over desalted water. Mayor Schwartz declared the public hearing closed. Mayor Schwartz adjourned the Whale Rock Commission Meeting so that the City Council could continue discussion and make a decision to either reject or endorse the Diablo Canyon Desalinization Project. The City Council then discussed with Mr. [Anne and Mr. Lindholm, various questions regarding the desalter brought out at the public hearing. Clint Milne stated that the State had notified him that no funds had been budgeted for the 1972/73 fiscal year, but that funds might be available in 1973/74. Roger Lindholm then reviewed some of the questions brought out by the public hearing, trying to clarify earlier presentation. D. F. Romero, City Engineer, explained that reclaiming sewer water would be very expensive and the supply unreliable due to equipment breakdown, power failure, etc. and he would be very apprehensive to recommend such a program to the Council. 1 Councilman Gurnee recommended that the City Council not endorse the proposed desalter on the basis that it was not needed and the unknown impact on the environment and the coastline. Councilman Graham felt their were too many unanswered questions on the proposed Diablo Desalter and felt these questions should be answered before the Council endorsed the project. Councilman Blake stated he would support continued study of the desalter as he did not feel all of the questions had been answered and felt more expert study should be continued. Mayor Schwartz agreed that the desalter studies should be continued, and that if the Diablo Canyon Site is turned down, he felt there were sites on the California Coast where they are more in need for water supply than our area. He then reviewed the Planning Department study on population and land use within the existing City limits, nad the Water Department report on water needs for various projected populations for the City. The Mayor concluded that there were other more adequate supplies of water available in the County and felt that the County Supervisors should be asked to develop available water in the County for use by its' citizens, rather than the desalter which is only planned for a ten -year use. He stated that there is not enough information available for him to make a decision and recommendation to the County of the City's endorsement of the desalter project. Councilman Blake agreed that studies should continued in order to get all the answers on the project and its effect on growth, the land, and the ocean environment. Councilman Blake moved that the County and State Department of Water Resources continue their studies and return in eight months to present their final report to the City Council. Motion died for lack of a second. City Council Minutes July 10, 1972 Page 4 On motion of Councilman Gurnee, seconded by Councilman Graham, that based upon the research presented at this time, the City Council takes a position in opposition to the desalter in San Luis Obispo County unless additional information is forthcoming. If such is the case, the Council would be most happy to hear it. Motion carried on the following roll call vote: AYES: Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: Emmons Blake ABSENT: John C. Brown 2. The City Council considered an agreement between the City of San Luis Obispo and County Service Area No. 18 for the City to process sewage from the Country Club area. D. F. Romero, City Engineer, reviewed for the Council past studies made by the City to handle possible sewer flows in the Edna 'Valley. He then reviewed the sewage feasibility study prepared by Pomeroy, Johnson and Bailey for the City to supply sewer service to the district which seemed the most economical and feasible. Clint Milne, Assistant County Engineer, listed the needs of the property owners in the Country Club Estates area for some relief from their sewage problems. He stated that he agreed with the recommendation in the Pomeroy, Johnson and Bailey Report, that the best solution to the sewage problem was for the City to be the agency to handle the sewage on a regional basis. Ken Jones, Engineer for the Regional Quality Control Board, told the City Council that the local board had adopted a policy that only one major waste water treatment plant be allowed in each region, with all waste water consolidated in one plant. He urged the City Council to join in this cooperative venture and if they did, the Regional Control Board will assist the City of San Luis Obispo with procuring State and Federal grants for future plant enlargements by the City. He encouraged the City Council to accept the waste water from Service Area Ho. 18 as a first step to consolidation of regional waste water treatment. A. J. Shaw, City Attorney, reviewed the proposed agreement for exercise_ of joint powers between the City and County on behalf of Service Area No. 18 and the State Water Resourcds Control Board. He then reviewed the proposed agreement, section by section, for the Council's information. Ken Jones stated he did not feel that the State would enter into the agreement as a party as he felt it would tie their hands. He also felt that the State would never agree to limiting the District to only the existing Service Area No. 18. He also felt that the State would never agree to the conditions in paragraph 5, that Service Area No. 18 was the only area needing sewer service. He stated that the City, in the past, has accepted Federal funds for sewer plant expansion and under these conditions, the City must take sewage from anywhere in the region. Russ Powell, Assistant County Administrative Officer, stated that unless the City Council changes its' stand on the Lewis property and allowed it to hook up to the Service Area No. 18, then the County could not proceed with the District due to loss of the maintenance and operation of the District. On motion of Councilman Blake, seconded by Mayor Schwartz; that the Mayor be authorized to sign the Joint Powers Agreement as amended with further consideration of amendments. �J 1 1 City Council Minutes July 10, 1972 Page 5 D. F. Romero, City Engineer, objected to the adotpion of the joint powers agreement as he had had no opportunity to study the agreement and its:' implication on the City, and further, he had several additions he would like to suggest. Ken Jones stated that he would hold up the formation of Service Area ' No. 18 until the City accepts the waste water on a regional basis, and then he will force a problem on the City, forcing the City Council to face a large expenditure for sewer plant expansion where they will require help of Federal grants and no grants will be approved unless he approved them. Mr. Jones stated he would no approve the grants unless the City Council agrees to accept sewage, not only from Service Area No. 18, but from anyone in the region who is capable of connection to the City system. 1 1 Mayor Schwartz read a recently adopted environmental guide line for State agencies that seemed to be in conflict with some of the threats and statements made by the State Engineer, Ken Jones. Councilman Gurnee stated he felt the major problem in the agreement, as he saw it, was that there was no provision for land use control required to protect both the City and County. He felt that the agreement should make some reference to land use control and development within the City's urban reserve line. [led Rogoway, Country Planning Director, stated that in all cases, the County Planning Commission follows the existing General Plan adopted by the City, which, everyone agrees, is very vague. He hoped that the new General Plan will remedy it. He then gave several examples of the vagueness of the plan. Russ Powell felt that it should be up to the agents for the service the existing agreement is unacceptable, but that Board of Supervisors who are the contracting district. Mayor Schwartz stated it was the city's intention to accept sewage from Service Area No. 18, as originally proposed by the property owners and the consulting engineers, without the Lewis property, as he felt a larger area would just add additional load at the City's sewer plant. Ken Jones, upon question, stated that he hoped that the City would accept the sewage from not only Service Area No. 18, but also the Lewis property without which would make the maintenance and operation too expensive for the smaller District 18. R. D. Miller, Administrative Officer, cautioned the City Council to adopt the proposed agreement in principle rather than as a binding offer to the County until all the facts have been exposed. Councilman Gurnee wished to amend the motion to include a condition; that some type of land use control would be exercised by the County Board of Supervisors within the urban reserve line. Amendment lost for lack, of a second. Councilman Blake withdrew his motion, the second concurred in by Mayor Schwartz. Councilman Blake moved that the proposed agreemtned represents the City of San Luis Obispo's offer to serve Service Area No. 18 with the possibility of amendments by the City and the County. Motion died for lack of a second. City Council Minutes July 10, 1972 Page 6 R. D. Miller, Administrative Officer, questioned the power of the State Water Resources Control Board to really push the City into this agree- ment, he wondered if Ken Jones had the power to threaten the City as he had done, regardless of equity or fairness to the City or County. On motion of Councilman Gurnee, seconded by Mayor Schwartz, that the City forward the proposed agreement to the Board of Supervisors as a statement of principles of the City in regard to serving Service Area No. 18. Motion carried on the following roll call vote: AYES: Emmons Blake, Myron Graham, T. Keith Gurnee, Kenneth E. Schwartz NOES: None ABSENT: John C. Brown On motion of Councilman Blake, seconded by Councilman Graham, the meeting adjourned to 7:30 P.M, Tuesday, July 11, 1972 for a joint meeting with the Planning Commission. Motion carried. APPROVED: November. 6, 1972 ATR I CI•:, C I TY CLERK 1 1