HomeMy WebLinkAbout04/05/1989� e,
City Council Minutes Page 2
Wednesday, April 5, 1989 - 7:00 P.M.
P U B L I C H E A R I N G S
1 1. MANDATORY WATER CONSERVATION (File #517
Bill Hetland, Utilities Director, gave a brief outline of various actions
that were being requested by Council this evening as noted: A) authorization
to proceed with treatment facilities for Dalidio groundwater; B) adoption of
a mandatory water conservation program and; C) approval of a building
restriction program.
With regard to Item A, Dalidio groundwater, he requested Council adoption of
a resolution authorizing the City Administrative Officer to negotiate
treatment for the removal of Tetrachloroethylene from the Dalidio
groundwater basin for a cost not to exceed $400,000.
Bill Statler, Finance Director, presented a financial slide program
explaining financial requirements and how various funds would be used to
cover the costs of the proposed programs.
Allen Short, Water Division Manager, reviewed the status of the groundwater
wells.
Mayor Dunin declared the public hearing open regarding the negotiation of a
contract with Calgon Corporation:
Andrew Merriam, on behalf of the Dalidio Family, spoke in support of the
Council's using the Dalidio groundwater. He stated he did not believe that
the level of contaminate sited by staff was sufficient to recommend against
going with this water resource.
Charles Palmer of Morro Bay, urged that the Council not vote on this issue
until the rest of the agenda had been gone through and he had an opportunity
to speak on other items later in the evening.
Mayor Dunin declared the public hearing closed.
Councilman Settle then submitted a one -page report requesting that staff be
given the following direction considering the Dalidio water and supple-
mental water: 1) To test the wells for contamination;
2) use different labs to test for the chemical in order to cross check and
verify results; 3) clarify why PCE and TCE chemicals are in the wells and
not what one would expect to find by way of agricultural chemicals; 4)
before hiring and purifying the Dalidio wells, receive state approval for
use of the water under these conditions. This would include checking with
State Health Department staff in Santa Barbara with people such as
John Kurphy; 5) check legal problems with respect to ground water use from a
state - recognized expert such as Stewart Somach of Donough, Hollard and Allen
in Sacramento; 6) contact Alex Madonna regarding the use of wells on the
Froom Ranch and other wells he has which could generate as much as 1,200
gallons a minute and would be less expensive to put into use; 7) continue
Council determination on the Calgon Corporation until the other issues have
been explored; and 8) ask Caltrans and the County Government to modify their
water program and cut back use of automatic sprinklers.
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City Council Minutes Page 3
Wednesday, April 5, 1989 - 7:00 P.M.
8:45 p.m., Mayor Dunin requested a recess for staff to review
recommendations by Councilman Settle.
9:00 p.m., City Council reconvened, all Councilmembers present.
Bill Hetland, Utilities Director, responded to some of the points in the
letter. Brief discussion ensued by Council.
Councilman Settle moved that staff be directed to contact Alex Madonna
regarding the Froom wells, look at ground water legal options and problems
with respect to ground water use, using a state expert and continue
consideration of the Calgon Corporation contract. Motion failed for lack of
a second.
Upon general consensus, Council directed staff to contact Alex Madonna
regarding the use of the Froom wells (5 -0).
Upon general consensus, staff directed to review water rights and water law
and contact the State Attorney in Sacramento, as well as Fred Bold, as to
water rights and other legal issues involved in obtaining the water (5 -0).
After additional discussion, moved by Mayor Dunin seconded by Councilman
Reiss, Resolution No. 6603 was adopted (4 -1, Councilman Settle voting no)
authorizing staff to negotiate with Calgon Corporation (with amendments as
recommended by the City Attorney) which would remove TCE from the Dalidio
ground water basin (agreement to come back to Council for approval) and to
direct staff to negotiate with Alex Madonna for additional ground water
resources.
Upon general consensus, staff directed to review the legality issues
involved with any of these water rights. Staff also directed to explore
the air stripping.but only with the use of an air filter.
10:15 P.M. Mayor Dunin declared a recess.
10:25 P.M. City Council reconvened, all Councilmembers present.
Bill Hetland, Utilities Director, reviewed the water rationing program
elements including conservation targets, penalties such as surcharges,
restrictions, and fines, incentive levels (both options and
recommendations), exemptions, the appeal process, implementation plan, and
urge that the Council adopt an Urgency Ordinance and a Resolution adopting
the mandatory water conservation implementation policy statement as
recommended in the staff report.
Mayor Dunin declared the public hearing open.
John Merriam, 235 Chaplin Lane, and a engineer, requested that the Council
consider the fact that the contaminants that had been expressed by staff
were not as severe as outlined and that the extreme water conservation
program being-.proposed was unnecessary.
Don Smith, urged Council's implementation of a water moritorium immediately.
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City Council Minutes Page 4
Wednesday, April 5, 1989 - 7:00 P.M.
Glen Carlson, 996 Vista Calados, urged support of an adjustment for
hospitals, as he did not feel they could cut back to the level being
recommended by staff.
Rory Livingston, from the San.Luis Coastal Unified School District, also
requested that an exemption be looked at for the school district as they
were not in a position to cut back without it being injurious to the school
children.
Burt Forbs, Board member from the San Luis Coastal Unified School District,
also urged that Council have staff work with the school board staff to come
up with a recommendation that was acceptable to both parties.
John Ashbaugh, member of the County Water Advisory Committee, was concerned
about 1) the recommended heavy use of ground water and what its ultimate
effect would have on agriculture and its habitat, 2) he felt that the
Council should require mandatory toilet and shower head water savers; 1)
that the City require retrofitting any time a change of ownership exists;
2) That hotels be mandated to retrofit their toilets by 108 each year 3)
obtain the help of the CCC; and 4) get developers involved in the
retrofitting benefits available to them.
Paul Allen, 191 Lynnetta Drive, urged support of the general target
reduction levels recommended by staff.
Bret Crossler, asked that the Council identify when the rates would go down
' from the time the drought is over.
Roy Hanff, urged the Council to be careful before it allocates large funds
for additional water supplies.
Fred Singer, landscaper /contractor, suggested ways for both residents and
contractors to use retrofitting programs.
Mayor Dunin declared the public hearing closed.
Councilman Settle and Mayor Dunin stated they would be unable to support
requests for three additional people on drought patrol and rented cars for
nine months at a cost of $70,000.
Councilwoman Rappa stated she could support something less than three
persons but would not be opposed to that level.
After discussion, moved by Rappa /Settle (4 -1, Mayor Dunin voting no) to give
final passage to Urgency Ordinance No. 1143 relating to water conservation
and Resolution No. 6604 imposing a mandatory water conservation and
implementation policy statement which would establish a 208 reduction
overall; support staff's recommendation alternate 1 with an amendment that
the first tier be increased 1008; concur with the establishment of an
Adjustment Board; and direct staff to draft an incentive plan that provides
educational programs rather than just financial considerations and support
the staff's recommendation concerning the financial impacts provided in the
staff report on page 1 -7.
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City Council Minutes
Wednesday, April 5, 1989 - 7:00 P.M.
Page 5
2. WATER ALLOCATION REGULATIONS
Council considered an Ordinance which would (1) amend the Water Allocation
Regulations to bar water allocations when the city is implementing mandatory
conservation, except for projects in the city which submitted planning
applications by March 15, and (2) determine that the previous EIR
adequately evaluated environmental impacts (continued from 3/3/89, 3/14/89
and 3/15/89).
Glen Matteson, Associate Planner, reviewed the agenda report with
recommendation that Council introduce the Ordinance amending the Water
Allocation Regulations as recommended in the staff report.
Mayor Dunin declared the public hearing open.
Phil Ruggles, urged support of modifying the date that would allow building
applications to be accepted.
Bill Toman, representing the Coalition Building Industry, urged against the
building moratorium due to the detrimental effect it would have on the
community.
Vic Montgomery, representing 40 people from his place of business, posed
several clarifying questions and expressed concern of the negative effects
such an ordinance would have on the building community.
Stan Madison, 1752 Quail, urged support of the mora.corium.
Marshal Ochvlski, 979 Osos Street, offered support of the program.
Roy Haff, urged support of the moratorium.
After discussion, moved by Rappa /Reiss, (3 -2, Councilmembers Pinard and
Settle voting no), Ordinance No. 1144 was introduced to print amending the
Water Allocation Regulations to bar water allocations where the city is
implementing mandatory conservation except for projects in the city which
were submitted by March 15, 1989, and determined that the previous
Environmental Impact Report was adequate for evaluating the environment
impacts.
Councilmembers Pinard and Settle stated that they did not feel that the
ordinance went far enough.
It was then moved by Councilwoman Pinard to suspend the retrofitting program
temporarily. Motion failed for lack of a second.
There being no further business to come befor the City Council, Mayor Dunin
adjourned the meeting at 12:40 a.m. to Monda A it 10th t ],z:10 p.m.
PV:kal
APPROVED BY COUNCIL : - 5/16/89------ - - - - -- -Pam - ages, - City -Clerk