Sunny Fields Park well stirs council debate

 

Four members of the Solvang City Council listened to an unusual exchange during the regular council meeting Jan. 28 after an agenda discussion on development of a well at Sunny Fields Park.

Council member Jim Richardson, who had recused himself from the discussion because he owns property near the park, asked to speak as a private citizen during that portion of the meeting. Later, in the middle of the council’s comments on the topic, Richardson insisted he had not finished his private citizen remarks and asked to make another comment.

Mayor Linda Jackson refused to hear the second request for public comment. After the council’s discussion, Richardson resumed his seat with the council and then asked for a “point of personal privilege,” for which time was not given until just before the meeting was adjourned.

 

After the committee reports, the last item on the agenda before adjournment, Richardson was allowed to speak. He pulled out the 2002 Solvang City Water System Master Plan Summary guidelines and stated that spending $80,000 on a “questionable” well project would not be in the best interest of Solvang and that the council should follow the guidelines set forth in the master plan, which suggests that wells be drilled in and along the Santa Ynez River.

“But I guess this is just another case of what this council does best – not following guidelines,” he stated. He then offered a motion to adjourn the meeting and it was seconded and adopted. As the motion was seconded, he closed his briefcase and left the building.

According to the California Government Code, Section 87105, elected government officials are restricted to when they can participate and influence decision making, and when they are allowed to make comment as a private citizen. The law states that officials should be disqualified from participating in an agenda item if there is a financial conflict of interest.

 

It also prohibits public officials from “in any way attempting to use his or her official position to influence a governmental decision when the official has a financial interest.” The code adds that this final category of prohibited activity “is intended to ensure that public officials do not act indirectly to affect their private economic interests by utilizing their official status or activities.”

When asked in an e-mail about the apparent violation of Section 87105, Richardson replied, “If the law was violated, it was not intentional. The meeting had ended except for adjournment when I was granted the opportunity to speak. The decision on the question of Agenda Item 4 was made. The ‘point of personal privilege’ was just that, the opportunity to say something that I had forgotten during the public comment time.”

He added, “It has been the policy – no, the tradition – to allow all the public comment to get out during an agenda item period, no matter when it occurred. I was embarrassed and feel that I was treated unfairly when Ms. Jackson refused to grant me that privilege.”

 

Later, in a second e-mail, he wrote, “Regarding a well being drilled at the north end of the park, my property is within 100 yards of Well 22. I would rather see the $80,000 sunk into Well 22 to recover the investment already made than to see us drill another well high in hydrogen sulfide gas. Had I been on the dais I would’ve made a motion to get council approval to go forward after the test hole was drilled.”

During the staff report about the development of a well at Sunny Fields Park, Tully Clifford, public works director, recommended that the council proceed with the drilling of a test well to determine the depth and location of the aquifer. He said that it would cost the city between $8,000 and $11,000 to do the test drill. Depending on the results of that test, he added, the council could then decide whether or not to spend the additional funds to complete the drilling for the well.

 

The estimates for the costs of the test well and final well were based on proposals by Rick Hoffman and Associates, who was contracted to prepare a preliminary hydrological appraisal of potential upland well sites in Solvang.

During the public comment session, Richardson said that the council would be wise to “not throw $80,000 into a rat hole” for the new well. He referred to the drilling of Well 22, which was later determined to have excessive amounts of hydrogen sulfide, iron and magnesium, which makes it a “black well.” Richardson pointed out that the Hoffman report said the well water at Sunny Fields Park should be “slightly” better and that the council should not spend thousands of dollars on a project that would be only “slightly” better than Well 22.

 

The four remaining council members seemed to be in agreement on the need for additional sources of water, especially after the city’s loss of state water recently when a judge in northern California shut down the state’s ability to sell water, claiming it was impacting an endangered fish. Councilman Eugene Boyle asked when delivery on the new test well could be expected and Clifford indicated it would be approximately three months because analysis of the site and other technical details still needed to be finished.

Councilman Ken Palmer said that Solvang needs “multiple sources” for water and that only having state water is a “gamble.” He added that Well 22 had “sweet” water for four days and that it only became contaminated after it was allowed to sit for weeks without flowing. He said the hydrogen sulfide could have come from a fault line that runs near the well.

Councilman Edwin Skytt said he knows of another well, drilled for a private individual near Well 22, that has “perfectly fine water,” but he also did not want to spend $80,000 on a well that would only produce “black water.”

 

After the council’s discussion and comments, members voted 4-0 to proceed with the test drill at Sunny Fields Park.

In other matters, Boyle said he would like to see a future agenda item on drug rehabilitation houses and whether or not they should be allowed within the city limits. This future item was approved by the council.

Skytt said investigation into response times by the Santa Barbara County Fire Department showed that the last report had an error and that one call, said to have been an hour and nine minutes, was actually only nine minutes. He also commended the department for its excellent service to the community.

Tracy Farhad, executive director with the Solvang Visitor’s Bureau, also spoke to the council, giving a list of ads the bureau has placed and publications in which Solvang was named as a tourist destination. This included prominent magazines and the Rand McNally road map, which claims more than 20 million readers.

 

She also detailed trips that members of the bureau have taken to conventions in Kansas City and other areas where she was able to promote Solvang’s amenities for travelers.

The next meeting will be held Feb. 11 at 7 p.m. at the Solvang City Council Chambers, 1644 Oak St., Solvang.