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HomeMy WebLinkAbout1991-05-06; City Council; 11146; RESPONSE TO COUNTY LANDFILL CONTINGENCY PLAN RIGHT TO USE COUNTY LANDFILLSB 8 E ' .. 5 F: 2 2 0 z 3 8 Cw OF CARLSBAD - AGENe BILL L ' . AB# /%/ !qb TITLE: DE CI' MTG. 5-6- 91 RESPONSE TO COUNTY LANDFILL CONTINGENCY PLAN DEPT. RIGHT TO USE COUNTY LANDFILLS CI' RECOMMENDED ACTION: That the City Council, by motion, authorize sending a letter to the Board of Supen asserting right to use County landfills and authorize litigation, if necessary, to pr that right and a letter to the Regional Water Quality Control Board urging appro' expansion of the San Marcos Landfill. ITEM EXPLANATION The San Marcos landfill, the only facility serving North County, is approaching car It is possible the Regional Water Quality Control Board or the City of San Marcc not allow its expansion. Concerned about the possibility their citizens would no1 any place to put the trash, elected officials from North County cities have prep: letter to the Board of Supervisors requesting: 1. Assurances that the County could continue to meet its obligation to pi landfill services; A commitment to a firm schedule for siting a new North County landfill; Agreement to do an independent financial analysis of waste disposal altern; Assurances from the County before San Marcos closes to construct improve such as scales, fee booths, and computers at Sycamore and Otay landfill Elected officials representing North County cities appeared before the Board a meeting of April 9, 1991, to explain the requests and to urge approval of thl recommendation for interim improvements at Otay and Sycamore in case necessary, because of the closure of San Marcos, to divert North County trash Board declined to consider any of the North County requests and voted Supervisor MacDonald's objection, to deny us access to Otay and Sycamore fac The County staff is recommending mandatory recycling starting in North Cou July of this year. It is doubtful that local trash haulers can acquire sufficient fa and equipment to meet County staffs timetable. The City Manger and the City Attorney believe that all citizens of San Diego ( have equal rights to use County landfill facilities and that the Board cannot d access to them. A letter has been prepared from the City to the Board asserti rights. It is recommended that the Council approve the letter and direct that it 1 to the Board. If San Marcos closes, the only alternative is to direct our trash collection contra 2. 3. 4. go to the closest amble County facility. It is not possa to predict the exact of the San Marcos closure, but when it occurs we need to be in a positior immediately seek judicial relief if the County refuses access to other lanc Recognizing that it is a last resort, and in the hope that the necessity for it wil arise, it is nevertheless recommended that the City Council, at this time, auth litigation against the County of San Diego to validate our rights of access to all Cc landfill facilities. If the Council concurs, your action is to by motion approve sending the attached 1 asserting the City's right to use County landfills and authorize the City Attorney t a lawsuit, if necessary, to protect that right. The Regional Water Quality Control Board will hold a meeting in Encinitas on Ma 1991 to further consider expansion of the San Marcos landfill. It is recommendec the Council authorize the Mayor to sign the attached letter on behalf of the Cj Carlsbad. EXHIBITS 1. 2. Letter dated May 1, 1991 to Board of Supervisors Letter dated May 1, 1991 to Arthur L. Coe , 0 0 May 1, 1991 Honorable Chairman and Members of the Board of Supervisors County of San Diego 1600 Pacific Highway San Diego, CA 92101 Dear Board Members: The series of actions taken by the Board at their meeting of April 9, 1991 are the sc of deep concern to the Cities of Carlsbad, Vista, Encinitas, Escondido, Oceanside, Si Beach, and Del Mar. Our City Councils, who represent 76% of all North County titi have all voted to send this letter. We would like to comment on several of the eigl actions taken. However, the issue of overriding concern is the cities' right to use lar within the regional solid waste system. We have all relied on the County for solid waste disposal. Under the existing solid 7 plan, it is clear that the County is responsible. We asked for a specific time table fc construction of a new North County landfill and for assurances that the County T continue to provide capacity until it is on line. We were dismayed by the response citizens need this service and the Board's actions have called into question the Co abiIity to provide it in the future. The Board of Supervisors has been responsible for trash disposal and it is the BO; Supervisors that has failed, for more than ten years, to respond to repeated reque: the construction of a new landfill in North San Diego County. This so-called "crisi direct result of the failure of the County Board of Supervisors, over an extended per perform its obligations. We resent the attempt to shift the blame for this failure by claim that North County has somehow created the problem. No city has acted to p the County from expanding the San Marcos landfill or siting a new landfill in County. In fact, our cities even supported expansion of the San Marcos landfill and of new landfills. The County's own Solid Waste Management Plan indicates the Cc willingness to "consider establishment of a Joint Powers Solid Waste Authority". 1 inviting the County to participate in some form of decision-sharing arrangement Diego County maintains an integrated waste management system. All of the ( facilities have been available on a non-discriminatory basis to all of the County's ci That is an intolerable situation. a 0 Honorable Chairman and Members of the Board of Supervisors May 1, 1991 Page Two The "tipping fee" represents the cost per ton of operating the integrated waste manage system, with the tipping fee being the same at each landfill site. Our citizens have pa their share of the cost of all the County facilities. As a result, we have rights to use facilities, including Otay and Sycamore. The Board's action to deny us access t landfills is not legally supportable. County Counsel, by formal opinion in July 198: advised that while San Diego County may be able to leave the landfill business en1 operating facilities, must be made available equally and fairly to all on a nondiscrimin basis. Unless the Board reconsiders its position, we see no alternative, but to seek ju validation of our rights to use all the County landfills. Litigation has been authoriz our Councils, but is our sincere hope that it will not be necessary. It is not wise for the Board to persist in its apparent belief that it can impose a "solution" on North County against the clearly expressed will of its cities. If the Ci wants to retain responsibility for a regional solid waste disposal system and maintz revenues in your enterprise fund, the Board simply must respond to the cities' concerns. Instead, it has played politics by attempting to make this a North vs. : issue. This vital life support service for our citizens is too important to allow tl continue. This letter is to put the Board on notice that we have paid for and have the right 1 all County landfills on the same basis as other County residents. We expect the Bo; act responsibly and are relying on you to continue to provide landfill service to our ci when San Marcos is closed. We ask that the Board appoint a member and direct the and County Counsel to meet with their counterparts from our cities in an effort to at a mutually acceptable solution to this problem. We hope the Board realizes th< working relationship, which must exist between the county and its cities if we are to out our obligations to our respective constituents, is at risk. The North County cities support the first three actions taken by the Board of Supen which deal with appealing the Regional Water Quality Control Board's decision of I 11, 1991 and directing County staff to meet with AB 939 Advisory Committees tc their input. North County cities support, in concept, mandatory recycling, as it woulc us achieve the objectives of AB 939; however, imposing mandatory recycling in tht frame contemplated by County staff does not provide time for a systematic review c efficient long term alternatives. Furthermore, it is doubtful that local trash haule: acquire sufficient facilities and equipment to meet the County staffs time table. Several of the County's actions dealt with construction of the San Marcos, Carlsba Vista transfer stations. The location of these stations does not fully comply with tl 0 0 Honorable Chairman and Members of the Board of Supervisors May 1, 1991 Page Three County's Draft Transfer Station Siting Study. It would appear that the action to locate is premature and may result in future changes at sigdicant cost to the ratepayers. Several actions not taken by the Board, but recommended by your staff, were constru improvements such as scales, fee booths and computers at the Sycamore and Otay lanc At the very least, the Board should consider the planning and design of improvements, in light of the impending closure of the San Marcos Landfill. Let us put aside our differences and pledge to work together for the greater good c citizens of San Diego County. Very truly yours, Melba Bishop, Deputy Mayor City of Oceanside Claude Lewis, Mayor City of Carlsbad Jacqueline Winterer, Mayor City of Del Mar Rick Hendlin, Mayor City of Solana Beach Gail Hano, Mayor City of Encinitas Gloria McClellan, Mayor City of Vista Jerry Harmon, Mayor City of Escondido 0 e May 1, 1991 Arthur L. Coe, Executive Officer California Regional Water Quality Control Board San Diego Region 9771 Clairemont Mesa Blvd. Suite B San Diego, CA 92124-1331 Dear Mr. Coe: The below signed cities support the rehearing of General Order #91-25, which is the prohibiting the vertical expansion of the County of San Diego, San Marcos Sar Landfill. The closure of this landfill would have grave economic and environxr consequences on North County, specifically, and the entire county in general. It is our understanding that County staff is conducting studies to provide you additional documented information that will help support the findings necessr authorize the vertical expansion of the San Marcos Sanitary Landfill. We strongly urge you to allocate the staff time necessary to do the evaluation additional infomation to be submitted by the County. Historically, there has been no evidence that the San Marcos Landfill is producing le2 that is contaminating ground water. The County's most recent studies confirm thi: It is our understanding that the county has offered to pay for all necessary studies anc time for the review of the application. We will work with the County to urge the Board to allocate the resources necessary for the Regional Branch to perform the rei evaluation of the material submitted by the County. * e Arthur L. Coe May 1, 1991 Page Two Should this effort not be successful, we are prepared to seek special legislation to a( reconsideration of the County's application. We respectfully request that you give consideration to this very important matter. Sincerely, Melba Bishop, Deputy Mayor City of Oceanside Claude Lewis, Mayor City of Carlsbad Jacqueline Winterer, Mayor City of Del Mar Rick Hendlin, Mayor City of Solana Beach Gail Hano, Mayor City of Encinitas Gloria McClellan, Mayor City of Vista Jerry Harmon, Mayor City of Escondido Jan Goldsmith, Mayor City of Poway