Calhouns Can(n)ons

Back to The Sewer Wars: CSD's Measure B Ruling Press Release .FOR IMMEDIATE RELEASE: April 13, 2006
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RE: Judge Declares Los Osos Ballot Initiative (Measure B) Invalid –
Public Vote on the New Sewer Project Site Not Required In a long, and as yet unfinished battle over where a treatment plant ought to be located, Measure B was a voter initiative that was simply meant to keep the treatment plant from being located next to the churches, schools and community center in the heart of Los Osos. Now the voter initiative enacting this siting ordinance appears to be dead.In early December, Taxpayers Watch, a group formed and headed by recalled x-directors Stan Gustafson and Gordon Hensley, filed a new legal challenge to Measure B. The new suit was virtually a duplicate of the failed action filed by the old CSD Board in a pre-election challenge. A local ruling on that action that would have kept Measure B off the ballot was summarily overturned by the Court of Appeal last summer. Measure B was placed on the ballot and approved by the electorate on September 27, 2005. On Nov. 28, the old case was dismissed and Measure B remained in effect. On April 13th, SLO Superior Court Judge Tangeman ruled in the new case, that the Measure B initiative was an administrative rather than a legislative action, and that it interferes with essential government functions. Under the law, initiatives proposed by the people must be strictly legislative in nature. That is, they must establish policies and procedures.This ruling does not end the present case, however. A second trial is set for May 30, 2006, to determine whether the plaintiffs in the action were prohibited from bringing the action in the first place. Because the plaintiffs failed to join in the old CSD action that was dismissed, they may be barred from challenging the initiative now.Called the “Poison Pill” by the State Water Resources Control Board, Measure B made it impossible for the Los Osos CSD Board to move forward with the controversial wastewater treatment facility at the Tri-W site. That in turn required moving the controversial plant, with attendant delays in construction. Funding of the low interest state loan was then pulled by the State, based on the districts refusal to violate what was then a valid measure. “It was a violation of the law, the public trust and our oath of office to disregard the voice of the people and the legally enacted ordinance,” said President Lisa Schicker.Key to the ordinance was the public knowing the project price tag. The former project grew from a promise of less than $65 million to nearly $200 million, without the public’s approval.The District can choose to appeal the findings of the lower court, assuming the trial in May upholds the ruling. The District says it is vital in any event to continue its progress in choosing a new wastewater facility and site. “Either way, as I see it, the old site is off the table , ” said Dan Bleskey, Interim General Manager , " It is far too costly to resurrect that project, and far too controversial. " On Thursday, April 20th, at 7pm at South Bay Community Center, the District will hear public comment on the adoption of a wastewater plant siting ordinance. Unlike the public, the District Board can require environmental and economic siting requirements for a wastewater treatment facility and make other determinations, whether they are legislative or administrative in nature. District attorneys are preparing options for consideration by the District Board that will prohibit construction of a facility in close proximity to the library, schools, the community center and public gathering places._______________________________________________________________________
For further information:Julie Biggs LOCSD Legal Counsel JBiggs@bwslaw.com 951-788-0100Lisa Schicker, LOCSD President lisaschicker@charter.net 805-528-3268 cell: 305-9166Dan Bleskey, Interim General Manager, Los Osos Community Services District at dbleskey@losososcsd.org or www.losososcsd.org <http://www.losososcsd.org/> 805-528-9370