Sewer Construction Safety Posting at Dig Los Osos

Important information on your safety while construction continues. Read it at this link:

http://www.diglososos.com/2012/12/22/contractors-regard-for-safety/

Dig Los Osos - Holiday Work Schedule

Read about it here:

http://www.diglososos.com/2012/12/14/holiday-work-schedule-for-los-osos-valley-road/

BOS Agenda Tuesday,12-18-12, Ag Recycled Water Contract

Off the Consent Calendar, Public Works Item:

25. Request to approve a recycled water contract for agricultural purposes related to the Los Osos Wastewater Project. District 2.

When the staff report is posted, I'll link it here.
See the relevant documents off this link:
http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html?select=1714

PZLDF Just Upped Court Costs For Its Members

More legal costs have just been taken on by PZLDF, the zombie group that just won't die despite repeated losses in many courts. As of Wednesday, their case records have been transmitted from the 2nd Appellate District Court to California's Supreme Court. The service copy of their petition for review has been received, but does not yet appear on the Supreme Court website yet as a "case accepted." Well, let's see what happens next week, shall we?

Water Conservation Program Fixture Info From Dig LO

Dig Los Osos has a new posting today. It explains how the water conservation program attached to hooking up to the sewer will work. It particularly lays out how those who want to install their own water saving fixtures will be able to do this (those of us not skilled in these areas will hire licensed plumbers). Read the easy-to-follow steps here for those of you who plan to plumb:

http://www.diglososos.com/2012/12/08/update-from-the-county-on-the-water-conservation-plan/

LO Community Plan, Estero Area Plan on BOS Calendar!

Right off the county website under Board of Supes Business for Tuesday, December 11:

24. A request by the County of San Luis Obispo to authorize processing of an update to the Los Osos Community Plan, including amendments to the Estero Area Plan of the County Local Coastal Plan and the Official Maps of the Land Use Element. District 2.

I'll post the link to the staff report when it becomes available.

Here is the link to all of the relevant documents:

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html?select=1667

If you don't read the posted stuff on the County's website, this is basically what it is about:

"Construction of the Los Osos Wastewater Project is currently underway. Before vacant parcels within the prohibition zone can hook up to the wastewater project, the County, as the applicant, is required to update the Estero Area Plan for the Urban Area of Los Osos (the „Los Osos Community Plan‟), to incorporate a sustainable build-out target supported by the safe yield of the groundwater basin, and integrate a Habitat Conservation Plan for long-term preservation of environmentally sensitive habitat areas throughout the community.

If your Board authorizes processing of an update to the Los Osos Community Plan, the item will be scheduled for public hearings at the Planning Commission and your Board after the planning and environmental review process is completed."

Pipe Colors Explained

DigLosOsos has a new posting on pipe colors. You can view it here:

http://www.diglososos.com/2012/11/30/pipe-colors/

Too bad such pretty colors will be buried underground!

What Won't Happen In Los Osos

It's been a while for some new sewer news on the home front, so here is a bit of sewer entertainment from Mexico City to tide us over. We will never encounter scenes like these, but just think, a tank of similar if less diverse stuff, sits right now in your very own front or back yard Los Osians! As for me, I will be happy to see the tank pumped one last time. And I'm keeping any skulls if there are any in there.

http://www.youtube.com/watch?v=goh8k4Zxbh4

The Tiny Bit More PZLDF That Means A LOT

Off the the 2nd District Appellate Court's website:

11/16/2012

Petition for rehearing denied.

This means PZLDF must pay up those pesky and expensive costs the Water Board incurred litigating this hopeless case that PZLDF mounted against them . Can PZLDF pull another trick out of the battered old hat to avoid paying? The next stop up the court food chain is the California Supreme Court. We'll see.

Dig Los Osos Has A New Post

It's all about safety. You can read about it here:

http://www.diglososos.com/2012/11/16/tips-for-your-safety/

More PZLDF "News"

Right off the 2nd District Appellate Court's website:

11/15/2012

Letter sent to:

    CA Supreme Crt and courtesy copy to all counsel; Purs. to CRC Rule 8.1120, we enclose herewith copy of request for publication of the opinion in the above matter, along with a copy of the opinion. We do not recommend publication as the opinion does not, in our view, meet the required standards.

So....the request by the Central Coast Regional Water Quality Control Board who wanted this case to be published and the court in Ventura thinks it shouldn't be but sent it on, is now going to the California Supreme Court for an opinion as to whether or not it can be.

This move should now give those in this now 501 (c) 3-less PZLDF group lots of time to figure out how to pay for this. Good luck. You might consider suing the person who talked you into this scheme maybe?

And it will require the Water Board to spend more of its time and more money of the citizens of California to pay for this—until the final bill is due, which it will be.............eventually.

Arghhhhhh....PZLDF Arises From The Dead, Yesterday. UGH.

UPDATE TO FOOTNOTE:

It wasn't clear until today, November 15, but it was the Central Coast Regional Water Quality Control Board who asked Deputy Helen G. Arens to publish the case, the appellate court did not change its mind to request that it be published.

Original Story:

PZLDF just filed a rehearing petition. Is this a ploy to keep things in play so they don't have to pay? Who knows!

See for yourself here:

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1974927&doc_no=

Footnote, the Deputy Attorney General handling the case, Helen G. Arens filed a request to publish the opinion given by the court in this case. That means:

 "Published opinions of courts are also collectively referred to as case law, which is one of the major sources of law in common law legal systems."

Source:
http://en.wikipedia.org/wiki/Legal_opinion

That would end anymore forward motion on this sad, sorry thing I think.

The poor, poor people who signed on to this dead end. I feel really bad for them when the bill for this comes.

Correcting Incorrect Assertions About PZLDF Case

The RAZOR ONLINE has written an article on the apparent demise of the PZLDF case. But the Razor got some things wrong.

"It’s unclear what the basis of the appeal actually was because the appeal document is not public record."
RAZOR

The appeal document is in the public record, it is just not online. I asked the court in Ventura (where the PZLDF case was heard) as to how to get a copy of that document and the answer was: to come to Ventura and ask to see a copy (no, they will not make a copy for you) or hire a service that does this - which is: they to come to the courthouse with a portable copy machine, request the document and make a copy for you for a price.

"One could speculate that CCW’s attorney Shaunna Sullivan wanted to move the case out of the area in hopes that the appellate judges would be further removed from local politics and biases."
RAZOR

One could, but that isn't how it works:

The vast majority of cases in the California courts begin in one of the 58 superior, or trial, courts — located in each of the state's 58 counties. (Which is the court the case was in before it went to the court of appeals.)

The next level of judicial authority within the state's judicial branch resides with the Courts of Appeal. Most of the cases that come before the Courts of Appeal involve the review of a superior court decision that is being contested by a party to the case. The Legislature has divided the state geographically into six appellate districts, each containing a Court of Appeal.

Source: http://www.courts.ca.gov/2113.htm

"At the tail-end of the opinion, the judge specifically stated that the costs to the respondents (CCRWQCB) shall not be published. "
RAZOR

That isn't what "not publishing" refers to. It refers to the case itself, being published or not published.

"An opinion that is not ordered published shall not be cited or relied on by a court or a party in any other action or proceeding except as provided: when the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or when the opinion is relevant to a criminal or disciplinary action or proceeding because it states reasons for a decision affecting the same defendant or respondent in another such action or proceeding. January 1, 1974 Division 3 Rules for Publication of Appellate Opinions Rule 977 Citation of Unpublished Opinions Prohibited; Exceptions (www.nonpublication.com)" (From the California part.)

http://famguardian.org/Subjects/LawAndGovt/LegalEthics/Nonpublication/Arguments/PublicationRules.htm

You can read more than you would ever want to know about that here:

http://lawweb.usc.edu/why/students/orgs/ilj/assets/docs/14-1%20Wasby.pdf

"There is no question that taxpayers and the district are shouldering the burden of those costs, as shared by the LOCSD."
RAZOR

No, the costs are to be paid by PZLDF or CCW, and the names of those people who are unfortunately on that case are on the superior court document. The District is not involved.

County Releases LO Water Recycling Baseline GW Quality Monitoring Report

You can find it at this link:

http://www.slocounty.ca.gov/Assets/PW/LOWWP/Baseline+Groundwater+Quality+Monitoring.pdf

Looks like 16 of the 25 wells had total Nitrogen levels over 10 mg/l. Hmmm, hardly the one point above legal levels as asserted by some (assuming 10 mg/l average statewide allowed, but our level must be 7 mg/l or below). 8 wells had 7 mg/l or below, so approximately 2/3rds of the wells are over the limit.

On page 7 under "CONCLUSIONS" of the report, we find this,

"The average NO3-N concentration for the 25 wells sampled is 13.4 mg/l (median value 14.4 mg/l). The greatest concentrations of NO3-N are reported at wells in Baywood Park and south of Los Osos Valley Road. Individual fluctuations in NO3-N concentrations across the network, when averaged together, showed a 2.3 mg/l increase between October 2006 and August 2012. The number of monitoring network wells with water quality in excess of the NO3-N drinking water standard of 10 mg/l is presently 16 out of 25 wells tested."

It appears that things are getting worse, not better as some have asserted. Well, we have our baseline now and once the sewer is up and running let's see where these numbers go. I think we can forget all about the urban legends of decaying underground forests and cows in the valley to account for the nitrates.

Dig Los Osos Is Digging

See the latest update on where they are digging - LOVR between Ravenna and Pine!

http://www.diglososos.com/2012/10/31/work-on-los-osos-valley-road/

LO on BOS Agenda, November 6, 2012

Board Business Continued:

20. Request for approval to proceed with the Water Recycling Facility project through the design-bid-build process and approval of a sole source agreement for Professional Engineering Services with Carollo Engineers (Clerk's File) in the amount of $3,382,504 for the Los Osos Wastewater Project Water Recycling Facility, Los Osos, CA. District 2.

Link to relevant documents will be posted when available.

Relevant documents posted on 10-31-12 and can be accessed off this page:

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html?select=1592

Dig Los Osos - New Post on Surveys and Potholes

Read today's info from Dig Los Osos here:

http://www.diglososos.com/2012/10/26/surveys-and-potholes-for-your-safety/

PZLDF Case Fizzles Out

Just got a court notification that the long-time-ongoing-seemingly-neverending PZLDF case, or "Citizens for Clean Water v. Regional Water Quality Control Board" case number B231945 has finally ended as a "voluntary dismissal."

You can read what I got at this link:
http://appellatecases.courtinfo.ca.gov/search/case/disposition.cfm?dist=2&doc_id=1974927&q=319766&f=558848379

Case: B231945, 2nd District, Division 6

Disposition date (YYYY-MM-DD):        2012-10-25
Disposition description:            Affirmed in full
Disposition status as of 2012-10-25:    Final 
Notes:  
AFF/17p/YGP 

A definition from http://definitions.uslegal.com/v/voluntary-dismissal/ says,
"Voluntary dismissal refers to the termination of a suit at the request of the plaintiff in a suit. The plaintiff is the party who initially filed a law suit with the court. In a voluntary dismissal, the plaintiff voluntarily withdraws the action or claim it brought before the court."

Reading the brief, it was clear, even though it is not to be published, PZLDF basically has no case. Whatever hopes there were to eliminate the Prohibition Zone, AKA the circumscribed area drawn for necessary sewer-hood, and the hope that it could be broken, thereby meaning we don't need to get a sewer—d-a-s-h-e-d.

Read the legal stuff here:

http://www.courts.ca.gov/opinions/nonpub/B231945.PDF

Last tidbit—PZLDF must pay the Central Coast Regional Water Quality Control Board's costs.

Rebates and the Wastewater Project's Water Conservation Program

As most of you know, a condition of hooking up to the wastewater project is to retrofit your home (if needed) with low-flow toilets, showerheads and aerators (some of us have already done this). The County has posted the Powerpoint from Tuesday's meeting where the plan was approved by the Supes. Visit the County's webpage to see what is coming up. Most will have a licensed plumber do the work for them which includes the inspection to determine what work is needed. Then the plumber's certification will accompany your rebate form to get your money back. This amount could cover the entire cost of the fixtures and the work, but this could depend on how fancy of a low-flow toilet that you want:

http://www.slocounty.ca.gov/PW/LOWWP/LOWWP.htm

See what the rebate application looks like here:

http://www.slocounty.ca.gov/Assets/PW/LOWWP/WC+rebate+form.pdf

It you have already done the work to your house, there is another rebate amount that you might want to look into, which could include clothes washers or on-demand hot water devices.

There is more money if you do this early rather than later.

This below is a copy and paste off the County's website, which identifies the go-to place for questions on this or your lateral or other concerns:

Office Hours 

The County of San Luis Obispo will be hosting office hours at 2025 10th Street, Los Osos.

Representatives from the County will be available to help residents and businesses review lateral plans for their property, discuss costs, and answer any other questions regarding the Los Osos Wastewater Collection System Project.

Office Hours
2025 10th Street, Los Osos
Tuesday 1:00 pm – 4:00 pm
Thursday 9:00 am – 12:00 pm

These hours are subject to change as the project progresses, so please regularly check back for updated hours.

Sewer Land Acquisition!

SLO County Subdivision Review Board agenda 11-5-12, from the Consent Calendar:

e.

The applicant (COUNTY OF SAN LUIS OBISPO) proposes to acquire approximately 24.5 acres of land from JOHN GIACOMAZZI AND JANET KLINE for the purpose of constructing the Los Osos wastewater treatment plant.  This request is to confirm that the future creation of a public lot (PL12-0047) of approximately 24.5 acres by conveyance to the County of San Luis Obispo does not require a parcel map pursuant to the provisions of Government Code section 66428(a).  The proposed project is within the Agriculture land use category and is located at 2198 Los Osos Valley Road, approximately 0.5 miles east of the community of Los Osos.  The site is in the Estero planning area.  This project is exempt under CEQA. County File No: SUB2011-00052 Assessor Parcel Numbers: 067-011-021,-022 Supervisorial District: 2 Date Filed: May 29, 2012

Supes Pass LO Water Resolution

Voting five to zero in the affirmative, the Supes approved a water conservation implementation plan this afternoon for the Los Osos sewer project. The few Los Osos citizens and interested parties still left, who have disparaged the County's sewer plan for years and attend the BOS meetings regularly to voice that disapproval, went away disappointed once again. They wanted delay and didn't get it.

It was carefully explained to Supervisor Mecham by John Waddell (County engineer in charge of the wastewater project) that the idea pressed by one of the disparagers, to make the payments go directly to plumbers rather than to the homeowners for the retrofits, would be problematic and Mr. Mecham got it. The reasons were prevailing wages, public contract costs, administrative costs and if damages occurred in the home, who would be responsible. Possible conflicts between property owners and renters need to be avoided. Rebate checks to owners will be issued within two weeks, so plumbing bills could be paid with the rebates before the bills are due.

Turnkey solutions have been discussed by vendors and the County where a public/private agreement could be made to handle all of the points outlined in the conservation program, from using local "green certified" plumbers, licensed and insured to install toilets, to doing the water audits and marketing the necessary steps to the community. No decisions have been made.

The program will be outlined by the County with the necessary steps for homeowners to be able to hook up to the sewer. The main idea is to get water conservation going as soon as possible with dollar incentives to retrofit early, as early as 2013. The program will be under review and open to adjustments if any components of it are not living up to expectations. The County will be back before the BOS before November of 2013 with a progress report.

What is required by the CDP (Coastal Development Permit) for this plan is:
1. Recycle cleaned water to schools and other users.
2. A conservation plan.
3. Monitoring of the plan.
4. Adaptive management for change if parts of the plan are not fulfilling requirements.

Another step completed by the County and I could not be more thrilled! You can access the video of the meeting here http://slocounty.granicus.com/MediaPlayer.php?view_id=2&clip_id=1372 and you will find the this hearing at about the 2 hour and 18 minute part into the video.

Dig Los Osos Has Office Hours in LO!

Dig Los Osos has a new posting today! Read it here!

http://www.diglososos.com/2012/10/19/office-hours-in-los-osos/

Dig Los Osos Has a New Posting

Check it out here:

http://www.diglososos.com/2012/10/16/setting-up-the-staging-area/

BOS October 23, 2012 - L.O. Water Conservation Plan

On the agenda:

Board Business:

17. Submittal of a resolution approving the Water Conservation Implementation Plan for the Los Osos Wastewater Project, Los Osos, CA. District 2.

This plan has been adjusted from the original.

Go here to find the list of relevant documents and their links:

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html?select=1544

PZLDF Cause from October 10, 2012

The 2nd Appellate District shows that the cause was argued and submitted. Who knows what happens next....

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1974927&q=230386&f=558848379

The due date for the court's opinion to be filed is 1/7/2013, so we know WHEN it will happen anyway.

http://appellatecases.courtinfo.ca.gov/search/case/scheduledActions.cfm?dist=2&doc_id=1974927&div=6&doc_no=B231945

Latest News From Dig Los Osos

Check out what is going to be under construction on this updated (today!) page:

http://www.diglososos.com/2012/10/11/check-traffic-update-page/

The Least Interesting Post for Today....

Should have done these three backwards. Oh well.

From the October 16, 2012 BOS agenda:

Consent Agenda - Clerk-Recorder Items:

5. Request to destroy Proposition 218 Ballots for the San Luis Obispo County Flood Control and Water Conservation District Flood Zone 1 and 1A and the Los Osos Wastewater Assessment District 1. Districts 2, 3 & 4.

You can access the report on the item here:

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/886/SXRlbV9Eb2N1bWVudF8oUHVibGljKV8=/14/n/3856.doc

Notice of Construction Areas B & C from W.A. Rasic Constructionc

Find the letter on this link"

http://www.losososcsd.org/Library/Home%20Page/Agency_Notification.pdf

Revised Final Draft of the WCIP

Better known as the Maddaus Report! Or the "Water Conservation Implementation Plan!"

http://www.slocounty.ca.gov/Assets/PW/LOWWP/document+library/Revised+Final+Draft+WCIP.pdf

To be presented and recommended for adoption at the 10-23-12 meeting of the Supes!

Planning Commission Meeting 10-11-12 9:00 a.m.

Off the consent agenda:
http://slocounty.granicus.com/GeneratedAgendaViewer.php?view_id=10&event_id=120

b.

FILE NUMBER AGP2011-00008 - Proposal by the Giacomazzi Trust, etal. to establish an Agricultural Preserve to enable the applicant to enter into a Land Conservation Contract. The project site consists of approximately 452.5 acres within the Agriculture land use category, located on the northern side of Los Osos Valley Road approximately ¾ of a mile east of the intersection of Los Osos Valley Road and Turri Road and approximately 2.5 miles east of the community of Los Osos. The site is in the Estero planning area.  Assessor Parcel No.: 067-031-022; Supervisorial District No. 2. Terry Wahler, Project Manager.  Recommend receive and file.

Staff report

The meeting can be viewed on a link off of the link page below as soon as it is posted here. Otherwise to see the page that contains the above information, click the "Live and Upcoming Events" link above the "Meeting Archives" box, upper right side of the page, then go to Planning Commission Agenda.
http://www.slocounty.ca.gov/bos/BOSagenda.htm

See County's New Post on Street Digging

http://www.diglososos.com/2012/09/26/what-to-expect-as-construction-begins-in-los-osos/

Addendum to Supes 9-18-12 Meeting

Additional Item to Closed Session. The project moves ahead!

5. Property Description: APN 074-144-001,(Southeast Corner of Fearn Ave. and Mitchell Dr.) Los Osos, California; Parties with Whom Negotiating: James Shepherd, Instructions to Negotiator: Price, Terms and Conditions.

PZLDF Case Moves Along

It's been so long that some of you may have forgotten about the PZLDF case. Way-y-y-y-y too long to write that book about all that has gone with it in this little blog, but for a very brief recap, it is about the Prohibition Zone and dismantling it.

This case now lives in the 2nd Appellate District of the California Court of Appeals and the calendar date for the hearing is October 10, 2012, 1:30 PM in Ventura.

The 2nd District main courthouse is in Los Angeles. The secondary District courthouse, hosting Division Six in Ventura handles appeals from San Luis Obispo, Santa Barbara, and Ventura Counties. 

Division 6
Court Place 200 East Santa Clara Street Ventura, CA 93001

Phone: (805) 641-4700

If you want to see this case's progress from its arrival to this court, follow this link:

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1974927&q=286644&f=558848379

I Was Reading The N.Y. Times Today...

...and found this obituary about a sewer park designer, who designed one of New York's most popular parks, the Riverbank Park which opened in 1993. The neighborhood in which a sewage plant was to be built objected because they were poor and black. Read what happened here:

http://www.nytimes.com/2012/09/09/nyregion/sy-j-schulman-planner-who-oversaw-new-york-city-parks-dies-at-86.html?_r=1&emc=tnt&tntemail1=y

From the Board of Supes Agenda, September 11, 2012

UPDATE:
The relevant documents can now be found at this link:
http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html?select=1416

Board Business:

24. Submittal of right of way acquisition documents accepting conveyance of 40.33 acres from Donald L. Andre et al, in fee title, for the Los Osos Wastewater Project, Los Osos. District 2.

Scheduled to be heard after 1:30 PM. No Item documents posted yet.

Link to Dig Los Osos Post on Construction Start

This update also gives a rundown on the Mid-Town restoration.

The start date for construction on the collection system is expected to be in September.

http://www.diglososos.com/2012/08/28/project-update/

Central Coast Water Resources Control Board - Update

Status Report - Los Osos Water Recycling Facility Project Update

Central Coast Water Board staff will provide an status report on the Los Osos Water Recycling Facility Project (Agenda Item # 12) at its regularly scheduled September 6, 2012 meeting.  The meeting will be held at the Central Coast Water Board office located at 895 Aerosvista Place, Suite 100, San Luis Obispo, CA  93401.  

The status report will be heard after 1:00 pm.

The update will include a discussion of the collection system construction schedule,  dewatering activities associated the installation of the collection pipes, Los Osos Water Recycling Facility construction schedule, recycled water management plan, and septic system decommissioning.  In addition, the update will include a discussion of seawater intrusion and the water conservation program as it relates to the project.  The item staff report and attachments (public comments) can be obtained through the following web link.  

http://www.waterboards.ca.gov/centralcoast/board_info/agendas/2012/september/sept_6_items/Item_12/index.shtml

Legal Notice on the Purchase of the Andre Property

Read the legal notice here:

http://www.sanluisobispo.com/classified-ads/ad/1984958#storylink=misearch

This topic was on the agenda for the August 9, 2012 Planning Commission meeting. I will copy and paste the reason for the purchase here from my July 9, 2012 post:

"Notice of determination of conformity with the General Plan for the proposed acquisition of a 40-acre parcel of land from the Andre Family Trust for the purpose of providing approximately 35 acres of agricultural mitigation lands as required by the condition of approval for the Los Osos wastewater project."

Objections were raised at today's (August 21, 2012) BOS meeting by some of the usual speakers citing lack of public input on this, lack of a staff report, possible use of sprayfields. I say there is a lack of this segment of the public on paying attention to what was mandated by the CDP. At this point there is no need for public input, that all ended with the granting of the Coastal Development Permit by the California Coastal Commission. The County has the project and they are following the mandates to move it forward.

Bookmark This Site for What to Expect Traffic-wise

http://www.diglososos.com/traffic-update/

Check this site frequently to see the updates around town.

Board of Supes LO Item on Tuesday, August 21, 2012

UPDATE:

All supervisors voted "Yes," following staff's recommendation, August 21, 2012.

Under Board Business:

27. Submittal of bid opening report for the Los Osos Wastewater Project, Collection System Pump Stations, Los Osos, CA, Contract No. 300448.08.01.PS. District 2.

Find the relevant documents here:

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html?select=1346

LO BOS Agenda Item, Tuesday, August 7, 2012

From the consent agenda:

14. Request for approval of a professional environmental consulting services agreement with SWCA of San Luis Obispo, CA, for an amount not to exceed $132,108, and request to authorize the Public Works Director to approve amendments to the agreement in an amount not to exceed a contingency of $13,211, for the Los Osos Wastewater Project, Los Osos. District 2.

Staff report not yet posted.


UPDATE - August 1, the relevant documents have been posted, you can find them at this link:


http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html;jsessionid=9D87DDDDBBF8EDF908AD57D5B1F6F9B6?select=1288

Dig Los Osos Is Up and Running!!

Catch the latest sewer news here!!

http://www.diglososos.com/Home/

More Drainage Work!

Maybe a roadside infiltrator is going here?

Water Conservation Implementation Plan For the Los Osos Wastewater Project

New off the County's website! You can find it here:

http://www.slocounty.ca.gov/Assets/PW/LOWWP/document+library/Water+CnsvImpPlan+3-12-12+Final+Signed.pdf

Another Piece In The Sewer Project Moves Forward At The Planning Commission August 9, 2012

1.

Notice of determination of conformity with the General Plan for the proposed acquisition of a 40-acre parcel of land from the Andre Family Trust for the purpose of providing approximately 35 acres of agricultural mitigation lands as required by the condition of approval for the Los Osos wastewater project. The project is in the Agriculture Land Use Category and located on the north side of Los Osos Valley Road, 1.3 miles west of Turri Road, in the Estero Planning Area. APN 067-031-008, -11. Supervisorial District 2. County File Number DRM2011-00009. Nancy Orton, Project Manager. http://slocounty.granicus.com/GeneratedAgendaViewer.php?view_id=2&event_id=116

Board Of Supes - Tuesday, July 24, 2012

Off the Tuesday, July 24, 2012 BOS agenda:

12. Submittal of two resolutions for the Los Osos Wastewater Project to: 1) reduce specified assessments; and 2) ordering change of proceedings to increase assessments on two parcels. District 2.

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/78/QWdlbmRh/6/n/7214.doc

The relevant documents can be found here:

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html;jsessionid=C805326E3A7EBE98CCFD5A552B83A336?select=1268

Staff Report - Nitrate Testing - Conclusions!

Check out this staff report for the LOCSD meeting on Thursday, July 19. Nitrate testing in a nutshell. The County will do it. The costs to the LOCSD by either Cleath-Harris or LOCSD crew are now outlined in detail.

http://www.losososcsd.org/Library/2012%20Agenda%20Packet/120719/AgendaItem5E_RequestDistrictConductNitrateTesting.pdf

Nitrate Testing Question Answered by LOCSD's New GM

July 11, 2012 at the Utilities Advisory Committee, the LOCSD's new General Manager Susan Morrow filled in the blank spot on the UAC status report chart for nitrate testing. The County has awarded the contract to Cleath-Harris Geologists, Inc.. They have already purchased equipment and parts. Testing will start in July and August and last for three months. Look for an agenda report for the next LOCSD meeting on Thursday, July 19, 2012.

Cleath-Harris have done many reports for the LOCSD since 2000, when they were called Cleath & Associates. You can see a list of those documents (up until 2006) here:

http://www.slocounty.ca.gov/Assets/PW/LOWWP/document+library/Past+Project+Documents+2-8-11.pdf

And to see a LOCSD list that includes Cleath-Harris documents up to 2009, go here:

http://www.losososcsd.org/Library/Document%20Library/ISJ_LOCSDDocIndex.pdf

Nitrate Testing Arm Wrestling

Meeting after meeting, be it one at the LOCSD, WRAC, BOS, LOCAC, UAC, FAC, RWQCB, the same commenters keep pushing for "nitrate testing" of the Los Osos groundwater basin's upper aquifer. This entails visiting 26 test well locations and spending about $14,000 to run a test, and testing should be done twice yearly. It was once the purview of the LOCSD when it still had control of the sewer project, the last test done in 2006, but now testing falls to SLO county, as it controls the project. A brief commentary of this can be found here:

http://www.losososcsd.org/Library/2011%20Agenda%20Packets/111201/AgendaItem4.D1_NitrateTesting.pdf

The reason for testing would be to establish a baseline for nitrates before the project goes online and thereafter to gauge the project's efficacy. However, the project is not due to go online until sometime in 2015.

The Regional Water Quality Control Board sent a letter to Paavo Ogren, Director of Public Works, on April 27, 2012, stating that the first testing event should occur between July 1, 2012 and December 31, 2012. It is officially in the hands of the county and on a timeline asked for by the Water Board.

It is now July 10, 2012 and the renewed push is on to get the LOCSD to pay for the tests as the county is not jumping on doing this, so the proponents claim. This makes no sense:

1. The project going online is 3 years away. Plenty of test times ahead!

2. If the funds were to come from the LOCSD (read funds from its water customer revenues), then only part of the Prohibition Zone sewer populace would be paying for it, as some of the PZ lies in Golden State Water Company customer zone and they would pay nothing. Not fair AND LOCSD water revenues SHOULD be spent on the numerous capital improvement projects that are in dire need of funds.

3. If the LOCSD's Water Quality Trust Fund monies (which belong to everyone in the urban reserve line, in the Zone or not) were spent to do this, the balance remaining is $91,074 and the last expenditure out of this fund, voted on 2-2-12 by the LOCSD board, was a hefty $35,620. This was to fund the LOCSD's Water Company's share in the ISJ project of the mandatory Basin Management Plan. What if more money is needed for the ISJ later? The LOCSD is not exactly flush with money and the bankruptcy is still in play. What would be shortchanged to pay for this "nitrate testing?" Would this be fair to those who are not going to pay for the sewer anyway as they are not in the Zone? (Oh, I can hear the arm wresting arguments right now on that idea, "the water belongs to everyone, yadda, yadda everyone should pay to clean it up." Well 83% of the town of Los Osos is in the PZ and that is where the septic tank density lies that caused the problem in the first place.)

So really, what is the big rush to spend $14,000 when the county has to do this for the sewer project by December 31 anyway? Those proponents for this testing have offered to pay for it themselves (I can see a boatload of problems over this idea). Why would people who normally nitpick over $40 (and less) expenditures in the LOCSD warrant registers be in such a rush to test for nitrates to the tune of $14,000? That's the $64,000 question, isn't it?

7-10-12 At The Supes - Bid Opening Report

Consent Agenda - Public Works Items:

20. Submittal of bid opening report for Los Osos Wastewater Project, Collection System Areas B & C, Los Osos, CA, Contract No. 300448.08.01.BC. District 2.

Tune in on Channel 21 if you have cable, tune in online http://www.slocounty.ca.gov/bos/BOSagenda.htm, or listen on the radio KCBX FM 90.1.

The project is moving ahead on schedule!

PZLDF Still Phizzing

Not wanting to write a tome here on the "Citizen's for Clean Water" case — where basically the appellants (formerly the Prohibition Zone Legal Defense Fund) have been endlessly trying to break up the Prohibition Zone set by the Regional Water Quality Control Board in 1983, a case lost so many times it is now found wandering aimlessly along the edges of rationality — I just thought that I would post the link from the latest e-mail notice of the appellant's last brief filing which has has tonight popped into my inbox.

You may do your own research on this case if you wish.

Unfortunately the court in which this thing now resides has no pdfs of documents filed. You CAN see them, but it necessitates a trip to Ventura with your own portable copy machine if you wish a copy to linger over, or you can hire a service to do this for you. So I will simply post a link here to the list of documents which the court does provide.

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1974927&q=230386&f=558848379

If You Missed The Meeting At the Middle School...

...please don't think you can't know what is going on! Go to the County page with the link to a video of the meeting and the Powerpoint that was presented. See the June 19, 2012 date for those links. Catch up and stay informed!

http://www.slocounty.ca.gov/PW/LOWWP

Everyone Seen "Dig Los Osos" Yet?

Don't miss the County's new website. Bookmark it for future reference as it will be up and running late July. Hope we don't crash their servers! Cool art!

http://www.diglososos.com/Home/

Yesterday's Look At Midtown

It Was As If The Grateful Dead Were Reincarnated And Playing At The Middle School.

Circling at the parking lot, which was overfull with cars forced to exit back out onto the street, and the beyond-standing-room squish of people in the middle school auditorium, I expected a holographic, iconic rock band to suddenly reanimate. Like maybe the Grateful Dead. But no, the sewer has regained its popularity in Los Osos!

Paavo Ogren, Bruce Gibson, John Waddell and the rest of the new County team put on a presentation encompassing the next three years of sewer installation and expectations. It was concise in content and even in tone for the sewer disengaged; snappy in presentation for those fainting from the heat and wanting to get out early; and replete with compelling humor to enlist the attention of the usually anxious and grumpy crowd (Project Manager Jim Brantley is an up and coming star). Really, only one speaker at the end marred the perfect mellowness of the two hour presentation. And for once or twice, it wasn't even Al!

Our project is off to a very promising start.

Los Osos Sewer Project Safe

The request for revocation of the permit for the Los Osos sewer project by the Los Osos Sustainability Group was DENIED by the California Coastal Commission today. Let's hope that is the last such obstacle to getting this project built. The phrase, "We Delay, We Pay," has come true every time a project was delayed or stopped. Although the monthly payments this time round are scaled back, the years to pay have stretched out longer.

I wonder how much staff time and money LOSG is responsible for on the cost of this project that we all are paying for? It is wonderful that we can all express our opinions about this and other issues, but at what point should these opinions be expressed only in venues that don't add to an already hefty financial burden on the community? Sorry Board of Supervisors, I know that this means you.

Thanks to Mr. Ogren, Mr. Waddell, Mr. Hutchison, and county staff who worked on this and our District 2 Supervisor Mr. Gibson for representing the majority of the community in Huntington Beach today. Have a safe trip home.

The link to the meeting can be found here:

http://www.cal-span.org/cgi-bin/media.pl?folder=CCC

Progress at Mid-Town Today

Related to the Waste Discharge Permit and recycled water plan is the work on the Mid-Town site. Work is moving swiftly on creating a basin for putting some of the water that will be removed from the trenching in the low-lying areas. Concrete was poured for something. I'll ask at the meeting next week. Below is what it looked like today.

The last shot was taken by not looking at what the camera was doing. It was a drive-by as evidenced by parts of my car. The concrete truck was offloading into what looked like a wood form.

Save September 6 for a SLO RWQCB Meeting on the Recycled Water Management Plan

The links to the transmittal letter and the staff report on the Regional Water Quality Control Board's site are broken. I reported it. But try the links off here anyway:

http://www.waterboards.ca.gov/centralcoast/board_decisions/tentative_orders/index.shtml

Habitat Management Plan - Another Milestone

http://www.slocounty.ca.gov/Assets/PW/LOWWP/document+library/Evironmental+Documents/Approved+Habitat+Management+Plan+June2012.pdf

June 8 Letter Confirms Wastewater Project is Underway!

http://www.slocounty.ca.gov/Assets/PW/LOWWP/document+library/Evironmental+Documents/Letter+to+CCC+6.8.12.pdf

Mid-Town Site, Friday, June 8, 2012

The work progressed today.

Formerly Known as Tri-W....

......Now known as the Mid-Town site, work has begun on its restoration project. (Top photo from the porch at South Bay Community Center.) No shovel tossing in sight, despite the many protests to this iteration of a sewer project. No it won't be a park, although that possibility exists at a future date. It will be "park-like," with trails to keep the newly planted natives from being crushed by human feet, and a wood fence to keep vehicles out. The restoration is mandated by the Coastal permit and is not a whim of the County, despite what some opine.

Bid Ad in Trib for Collection System Pump Stations

The project moves forward like a caterpillar with many legs - so many moving parts! One step closer to the sewer.

Read the ad in the Trib at this link:

http://www.sanluisobispo.com/classified-ads/ad/1891391#storylink=misearch

Public Forum on Collection System

Off the County site:

NOTICE:

A public forum is planned for Tuesday, June 19 from 7-9pm at the Los Osos Middle School to provide information about the upcoming construction of the project collection system.  Join us for information about the project status and community outreach, and find out what to expect during construction.

A new website is being developed specifically for project construction.  The website will go online before construction begins and include regularly updated schedules and maps of construction progress, information on expected traffic impacts, and contact information.

http://www.slocounty.ca.gov/PW/LOWWP

For the Tuesday, June 05, 2012 Meeting of the Board of Supervisors

Visible movement on the treatment plant property! Good news! And how will our "sewer regulars" respond? Watch the show on Channel 21 , starting 9:00 a.m. or on your computer off of this link:

http://www.slocounty.ca.gov/bos/BOSagenda.htm

(This was a Friday, June 1 addendum to the Supe's agenda.)
AMENDMENT #1 TO THE BOARD AGENDA


AMENDED ITEMS

II. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code, § 54956.8.) It is the intention of the Board to meet in closed session to have a conference with its Real Property Negotiator concerning the following: 4. Property Description: 2198 Los Osos Valley Road, Los Osos (APNs 067-011-021/067-011-021); Parties with Whom Negotiating: John Giacomazzi and Janet Kline; Instructions to Negotiator: Terms and Conditions. 5. Property Description: 2350 Los Osos Valley Road, Los Osos (APNs 067- 031-008/067-031-011); Parties with Whom Negotiating: Donald & Toni Andre and David & Donna Andre; Instructions to Negotiator: Terms and Conditions.

Not Looking Good for LOSG's Hope on CDP Revocation

The report from the California Coastal Commission's staff came out today regarding the revocation hearing for the CDP for the Los Osos waste water project.

The Los Osos Sustainability Group will NOT be happy with the staff report. We'll have to watch the meeting on our computers that day as most of us will not be attending the meeting in Huntington Beach, but it looks like LOSG has run out of options to crash the sewer project.

Read the report here:

http://documents.coastal.ca.gov/reports/2012/6/F15a-6-2012.pdf

Tuesday, June 05, 2012 Board of Supervisors Meeting

Consent Agenda - Planning & Building Items

7. Request to approve a contract with Jodi McGraw Consultants in the amount of $189,814 to prepare a Habitat Conservation Plan for the Community of Los Osos. District 2.


From the staff report:
"The Los Osos HCP is a component of the overall protection strategy for the sensitive habitats of Los Osos. The absence of this plan will result in a patchwork of permitting that will not be able to achieve the coordinated goals of the Los Osos HCP. This plan also provides one of the components to allow future growth in Los Osos. Preparation and implementation of this plan is consistent with the Countywide goals of providing a well-governed and livable community."

LOWWP Press Release

http://www.losososcsd.org/Library/Home%20Page/ImmediateRelease_SLOPublicWorks_LOWWP.pdf

Details on the USDA loan, pre-construcion activities, community outreach.

Change.org Petition Sign Relocated

Moving this sign from the eastern area of Los Osos on Los Osos Valley Road to near our town's famous hamburger joint has not helped to capture more signatures. Right now, 9:24 p.m. on Wednesday, May 30, 2012, there are 295 signatures of the 5,000 wanted, the last signing twenty-one days ago. The petition was started on January 27, 2012, four months ago or one hundred and twenty five days.

The message on the sign isn't clear, the lettering too small and confusingly outlined to really see in a drive-by; those could be the reasons for the petition's failure. Or perhaps people just would rather finish this present sewer project than sign a petition to nowhere??

YouTube Videos For Your Viewing Pleasure?

Earlier this month nine Step-supporting sewer videos hit the YouTube airwaves. The puzzle is why now? The sewer project has its permit, its money and it is poised to begin.

Here is a link to the first one.
http://www.youtube.com/watch?v=mYcF_aHlMog

When you get to video number 9, a whole new political dynamic makes a presence. This is campaign season, but would these players help or hurt?

County Has Go Ahead to Start Construction

Read the letter from the California Coastal Commission to Paavo Ogren on this link:


http://www.slocounty.ca.gov/Assets/PW/LOWWP/document+library/Evironmental+Documents/COA$!27s/Condition+Compliance+Letter.pdf

Future Development in the Prohibition Zone

Saturday, May 26, 2012, the County of SLO posted an ad in the Tribune noting four conditions out of the Coastal Development Permit regarding future buildout on vacant lots. You can read that by following this link:

http://www.sanluisobispo.com/classified-ads/ad/1879334#storylink=misearch

The scan version is what showed up in the classified section of the paper.

California Coastal Commission on Sewer Permit Revocation

It's on the June agenda:

9:00 A.M. FRIDAY, JUNE 15, 2012

15. REVOCATIONS.

a. Application No. R-A-3-SLO-09-055/069 (San Luis Obispo County Public Works Department, Los Osos) Request by Los Osos Sustainability Group to revoke permit granted to San Luis Obispo County Public Works Department for the Los Osos wastewater project (including treatment plant, collection and disposal system, and related infrastructure and development) in the community of Los Osos, San Luis Obispo County. (DR-SC)

http://www.coastal.ca.gov/mtgcurr.html

You can find the link to the webcast on that day off of the page link above. This should mark the end of major attempts top block the sewer, which is moving ahead on schedule. 

USDA Money In The Bank!

Today at his Office Hours, Bruce Gibson announced that it the USDA loan, which funds approximately half of the sewer project, was approved at half a percent lower than was promised. The money is IN THE BANK! We have the money at 2.75%, not 3.25%! This is HUGE news as this brings the cost of the 40 year loan down by many thousands AND it is one less nagging point for the sewer haters to harp about.

Monterey Mechanical Appeals Los Osos Bankruptcy

The LOCSD's bankruptcy case isn't over yet. Monterey Mechanical has at the last minute appealed the judgement of the Federal Bankruptcy Court to the 9th District Court of Appeals, where to pull any information out of them down in Ventura, you need to bring your own portable copier to do it at the desk, or hire a service that does this for you.

We have a long wait. The briefing schedule will be determined in November or December and the hearing schedule determined in 2013.

"Did the Bankruptcy Court err in—" is repeated the seven times with the same questions as before (my paraphrasing, You can read the document in full here):

1. —overruling Monterey Mechanical's objection to the assertion that there was a fraudulent transfer of District assets to SLO County in violation of the bankruptcy code?

2. —accepting the CSD's appraisal of a property that might be more valuable to the creditor than stated (the mid-town or Tri-W property)?

3. —relying on Bruce Buel's testimony that the proceeds from the sale of District property would not be available to creditors?

4. —rejecting Monterey Mechanical's assertion of unfairness in the manner of repaying creditor's?

5. —rejecting Monterey Mechanical's statement that the bankruptcy plan was not proposed by the CSD in good faith because the Prohibition Zone is getting the benefit of property value enhancement and protection while paying nothing towards the debt, the County is being insulated from liability of the District's debts through confirmation of the plan rather than dissolution of the District which would pay the debt.

6. —confirming a plan that is not in the best interests of the creditors as the creditors would get 100 cents on the dollar through state law remedies if the bankruptcy plan was rejected.

7 —failing to decide many pivotal questions of state law thereby making the basis for its conclusion simply that this plan "was in the best interests of the creditors?"

Apparently this is not the last place they can go to appeal either. The CSD's coffers drain while Monterey Mechanical fiddles.